File #: 23-161    Name: Pompano Autoplex LLC, Appeal of Administrative Decision regarding Approved Mazda Site Plan
Type: Motion Status: Passed
File created: 8/14/2023 In control: City Commission
On agenda: 8/24/2023 Final action: 8/24/2023
Title: A MOTION CONSIDERING THE REQUEST TO APPEAL AN ADMINISTRATIVE DECISION THAT THE PROPOSED MODIFICATIONS TO THE APPROVED MAZDA SITE PLAN FOR THE PROJECT LOCATED AT 4101 WEST SAMPLE ROAD WOULD SUBSTANTIALLY ALTER THE INTENT AND CHARACTER OF THE APPROVED SITE PLAN AND THEREFORE CANNOT BE APPROVED ADMINISTRATIVELY. (QUASI-JUDICIAL)(PUBLIC HEARING)
Indexes: Appeal Process, City Commission, Mazda, Motion, Public Hearing, Quasi Judicial, Site Plan Modification
Code sections: 13-34 - Appeals, 13-549 - Modifications to approved site plan, Chapter 13 - Land Development Code
Attachments: 1. FINAL ORDER-Commission Findings on Mazda Appeal, 2. BACKUP-Attachment 1-Request Letters-Mazda Administrative Appeal, 3. BACKUP-Attachment 2-Order on Appeal of Administrative Decision, 4. BACKUP-Attachment 3-Code Sec. 13-549-Modifications to approved site plan, 5. BACKUP-Attachment 4-Code Sec. 13-34-Appeals, 6. MINUTES-2021 Commission Meetings-Mazda, 7. MINUTES-Draft Excerpt-2023-0809 PZ Meeting
Related files: RES 2021-196
AGENDA ITEM REPORT
TITLE:
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A MOTION CONSIDERING THE REQUEST TO APPEAL AN ADMINISTRATIVE DECISION THAT THE PROPOSED MODIFICATIONS TO THE APPROVED MAZDA SITE PLAN FOR THE PROJECT LOCATED AT 4101 WEST SAMPLE ROAD WOULD SUBSTANTIALLY ALTER THE INTENT AND CHARACTER OF THE APPROVED SITE PLAN AND THEREFORE CANNOT BE APPROVED ADMINISTRATIVELY. (QUASI-JUDICIAL)(PUBLIC HEARING)

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BACKGROUND:
Section 13-34, "Appeals," of the City's Land Development Code provides for an appeal process for an administrative interpretation. The appeal of an administrative official's interpretation or application of the Land Development Code shall be presented to the Planning and Zoning Board and may be subsequently appealed to the City Commission.
DISCUSSION:
Such an appeal has been made by Pompano Autoplex, LLC (the Applicant) related to the Coconut Creek Mazda Site Plan approved by the City Commission on October 14, 2021 (Resolution No. 2021-196). The appeal (see Attachment 1) specifically addresses the landscape plan that is formally included as a component of the overall approved site plan. In general, an approved landscape plan provides for all plant material required on site (quantity, size, location) and also includes details as to which trees on site will be preserved and incorporated into the overall site design.
In this instance, the approved landscape plan included the preservation of certain trees along the southern property line, fronting Sample Road. The Applicant has requested that eleven (11) trees, some of which are large specimen trees, be removed and suitable replacement trees be installed. The Applicant wishes to amend the site plan to accomplish this change through an Administrative Approval of a Site Plan Modification, pursuant to Section 13-549, "Modifications to approved site plan," of the City's Land Development Code (see Attachment 3). The preservation of these trees was a direct result of the Development Review Committee (DRC) review process, as w...

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