boardname
ARCHITECTURAL APPEARANCE COMMITTEE
Meeting Date: MAY 3, 2022
title
POST DECISION ACTION - EXTENSION OF BUILDING DESIGN APPROVAL
projectinfo
Request: Extension of Building Design Approval
P&Z# 20-12000003
Owner: Prestigia Real Estate FJM, INC.
Project Location: 30 NE 5th Street
Folio Number: Multiple Folios
Land Use Designation: TOC (Transit Oriented Corridor)
Zoning District: TO-DPOD (Transit Oriented - Downtown Pompano Overlay District)
Commission District: 2 (Rhonda Eaton)
Agent: Joseph Kaller ( 954-920-5746)
Project Planner: Pamela Stanton (954-786-5561 / pamela.stanton@copbfl.com)
otherinfo
Summary:
The applicant is requesting an Extension of Expiration Time Period for the Building Design Development Order for 30 NE 5 St (PZ# 20-12000003). The Building Design was approved by the Architectural Appearance Committee, and filed with our department on August 27, 2020 and is set to expire on August 27, 2022.
The extension is being requested by the applicant, who lives in France and was unable to obtain a building permit for the development due to Covid-19 travel restrictions imposed by that country and that the U.S. borders were closed due to the pandemic. The pandemic is considered to be a “force majeure” or “Act of God,” and therefore, the Site Plan Development Order may be eligible for an extension, pursuant to Section 155.2308.B.2.a.iv, which states:
For development orders for a Site Plan, except for development orders subject to or governed by an enforceable Development Agreement the PZB may, subsequent to any extension(s) granted by the Development Services Director, grant up to one extension for up to two years (including extensions granted by the Development Services Director). Under no circumstances shall a Development Order for a Site Plan be extended for more than two years. The aforementioned required written basis and reason for extension must provide competent and substantial evidence demonstrating compliance with one or more of the following criteria:
(A) Reasonable efforts were made to apply for a Building Permit and reasonable steps were taken to secure any other development approvals that may be needed from other permitting authorities to allow for the submittal of an application for a Building Permit; or
(B) Since the date of the development order, substantial expenditures have been made or substantial obligations have been incurred in reliance on the approval and in furthering and proceeding with the development; or
(C) The delay in proceeding with the commencement of development resulted from a "force majeure" or "Act of God" or extreme economic conditions of the market, and not acts of omission by the applicant or owner.
The project consists of a new 4-story mixed-use development with 4,085 square feet of ground-floor commercial use and 52 dwelling units, with associated parking, landscaping and amenities. The footprint of the proposed building is 6,340 square feet and lot coverage of 19,928 on a 37,713 square foot (0.87 acre) site (a lot coverage of 52.8%).
The project is located on the west side of NE 1 Ave and between NE 4 St and NE 5 St.
Staff Conditions:
1. The Conditions of the Site Plan Development Order (PZ# 20-12000003) remain in effect.