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ZONING BOARD OF APPEALS
Meeting Date: JUNE 18, 2026
title
SPECIAL EXCEPTION - IRELAND POMPANO, LTD
projectinfo
Request: Special Exception
P&Z# 26-17000004
Owner: Ireland Pompano, LTD
Project Location: 998 N Federal Hwy
Folio Number: 484331000381
Land Use Designation: C (Commercial)
Zoning District: B-3 (General Business)
Commission District: 1 (Audrey Fesik)
Agent: Eduardo Rodriguez De Varona
Project Planner: Scott Reale
otherinfo
Summary:
The Applicant Landowner is requesting SPECIAL EXCEPTION approval as required by Section 155.4209(C)(1) [Districts Where Permitted] of the City’s Zoning Code in order to establish a Specialty Medical Facility, specifically a pediatric medical office exceeding 5,000 square feet gross floor area, within the B-3 zoning district.
The subject property is located at the southeast corner of North Federal Highway and NE 10th Street.
ZONING REGULATIONS
155.4209. INSTITUTIONAL: HEALTH CARE USES
…
C. Specialty Medical Facility
A specialty medical facility is a facility, regardless of size, offering specialized treatment and services.
1. Districts Where Permitted
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RS-1 |
RS-2 |
RS-3 |
RS-4 |
RS-L |
RD-1 |
RM-7 |
RM-12 |
RM-20 |
RM-30 |
RM-45 |
MH-12 |
B-1 |
B-2 |
B-3 |
B-4 |
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S |
P |
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M-1 |
CR |
I-1 |
I-IX |
OIP |
M-2 |
TO |
PR |
CF |
PU |
T |
BP |
RPUD |
PCD |
PD-TO |
LAC |
PD-1 |
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P |
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P |
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P |
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P |
P |
P |
P |
2. Definition and Use Standards
Specialty Medical includes any of the following facilities:
a. Medical Office (larger than 5,000 sq ft gfa)
A medical office classified as a Specialty Medical Facility is an office larger than 5,000 square feet providing medical or dental treatment.
The specialty medical office shall be separated from Residential uses (RS and RD Districts) by a minimum of 500 feet.
b. Medical / Dental Lab (larger than 5,000 sq ft gfa)
A medical or dental lab consists of facilities and offices larger than 5,000 square feet gfa providing diagnostic analysis of medical tests (such as blood tests, urinalysis, CT scan, X-ray or other medical tests related to diagnostic treatment); collecting or withdrawing human blood, organs, skin, or other human tissue; or producing such items as dentures, caps, bridges and optical prescriptions.
The specialty medical or dental lab shall be separated from Residential uses (RS and RD Districts) by a minimum of 500 feet.
c. Ambulatory Surgical Facilities
An ambulatory surgery center (ASC) is a State licensed facility not part of a hospital with the primary purpose of providing elective surgical care. Patients who choose to have surgery in an ASC arrive on the day of their procedure and, following their post-operative recovery, are discharged from the facility the same business day, with no overnight stays permitted. ASCs treat only patients who have already seen a healthcare provider and selected surgery as the appropriate treatment. Physician’s offices, hospitals and free-standing emergency rooms are not ASCs and are regulated separately by the Code.
Ambulatory surgical facilities shall not provide surgical services between the hours of 7:00 p.m. and 7:00 a.m. and, if over 5,000 SF, will be separated from residential uses (RS and RD Districts) by a minimum of 500 feet.
d. Dialysis Centers
A medical facility, either hospital-based or independent, that provides outpatient dialysis services, for people with chronic kidney failure, by filtering the blood to remove waste and excess fluids when the kidneys can no longer function properly.
If over 5,000 square feet gross floor area, the facility shall be at least 500 feet from residential uses (RS or RD Zoning Districts).
e. Substance Abuse Treatment Facility
A facility (other than a hospital) whose primary function is the treatment of substance abuse and which is licensed by the State of Florida to provide such service.
These facilities must be separated from residential uses (RS and RD zoning districts) by a minimum of 500 feet and provide no services between the hours of 7:00 p.m. and 7:00 a.m.
f. Outpatient Rehabilitation Facility
A non-residential facility providing diagnostic, therapeutic, and restorative services at a single fixed location for the rehabilitation of injured, disabled, or sick persons, which includes substance abuse rehabilitation, by or under the supervision of a physician.
These facilities must be separated from residential uses (RS and RD Zoning Districts) at a minimum of 500 feet and provide no services between the hours of 7:00 p.m. and 7:00 a.m.
g. Birthing Facility
A birthing center is a facility licensed by the State of Florida where births are planned to occur following a normal, uncomplicated, low-risk pregnancy, away from the mother’s usual place of residence and not within a hospital.
These facilities can be open 24-hours a day, as necessary to serve the needs of the patient.
PROPERTY INFORMATION AND STAFF ANALYSIS
1. Existing Site Conditions and Proposed Use:
The subject property is zoned General Business (B-3) and has a Commercial (C) underlying land use designation. The property is located on an outparcel within the Pompano Plaza shopping center, which is anchored by an ALDI supermarket. The applicant currently operates a 4,756-square-foot pediatric medical office and clinic at this location. The proposal would expand the operation into an adjacent tenant suite, increasing the total floor area to approximately 5,530 square feet.
Pursuant to Section 155.4209(C), a medical office exceeding 5,000 square feet is classified as a Specialty Medical Facility and requires Special Exception approval within the B-3 zoning district. Staff notes that the proposed expansion increases the facility by approximately 774 square feet. While this increase results in the use being classified as a Specialty Medical Facility under the Zoning Code, the proposed operation will continue to function as a pediatric medical office and clinic. Accordingly, the requested Special Exception is triggered solely by the increase in floor area rather than any substantive change in the nature or intensity of the use.
2. Compliance with Use-Specific Standards:
Section 155.4209(C)(2)(a) requires Specialty Medical Facilities classified as medical offices exceeding 5,000 square feet to maintain a minimum separation of 500 feet from RS and RD zoning districts. Staff has identified ten RS-2-zoned properties located within the required separation distance. Accordingly, the applicant has submitted a concurrent Variance application (PZ #26-11000012) seeking relief from this requirement.
3. Compatibility Considerations:
The subject property is located along the Federal Highway corridor, which contains a mixture of commercial, retail, office, lodging, recreational, and medical uses. Staff further observes that the subject property is not directly adjacent to any single-family residential neighborhood. Between the proposed facility and the nearest residentially developed properties are existing commercial developments, including a motel, an ALDI supermarket, and associated parking areas. These intervening uses provide a substantial physical and functional buffer between the proposed pediatric medical office and nearby residences.
Additionally, the residential properties located within the 500-foot radius are accessed from NE 9th Street, approximately one block south of the subject property. Consequently, staff does not anticipate the proposed use to generate adverse impacts upon surrounding residential properties beyond those already associated with the existing commercial development pattern in the area.
The request does not introduce a new medical use to the site but rather permits the continued operation and modest expansion of an existing pediatric medical office that has already demonstrated compatibility with the surrounding commercial area. Staff also notes that certain uses permitted by right within the B-3 zoning district, including large-scale retail establishments, may generate traffic volumes and activity levels equal to or greater than those anticipated from the proposed medical office. This comparison further supports staff's conclusion that the proposed use is compatible with the surrounding commercial corridor and is not expected to create impacts exceeding those already contemplated within the B-3 zoning district.
LAND USE PATTERNS
Subject property (Zoning District | Existing Use): B-3 | medical office, bakery
Surrounding Properties (Zoning District | Existing Use):
• North: B-3 | LA Fitness
• South: B-3 | medical office (Z Urology)
• West: CF | Pompano Community Park (west side of Federal Highway)
• East: B-3 | Super 8 Motel
SPECIAL EXCEPTION REVIEW STANDARDS
A Special Exception shall be approved only on a finding that there is competent substantial evidence in the record that the Special Exception, as proposed:
1. Is consistent with the comprehensive plan;
2. Complies with all applicable zoning district standards;
3. Complies with all applicable use-specific standards in Article 4: Use Standards;
4. Avoids overburdening the available capacity of existing public facilities and services, including, but not limited to, streets and other transportation facilities, schools, potable water facilities, sewage disposal, stormwater management, and police and fire protection;
5. Is appropriate for its location and is compatible with the general character of neighboring lands and the uses permitted in the zoning district(s) of neighboring lands. Evidence for this standard shall include, but not be limited to, population density, intensity, character of activity, traffic and parking conditions and the number of similar uses or special exception uses in the neighborhood;
6. Avoids significant adverse odor, noise, glare, and vibration impacts on surrounding lands regarding refuse collection, service delivery, parking and loading, signs, lighting, and other site elements;
7. Adequately screens, buffers, or otherwise minimizes adverse visual impacts on neighboring lands;
8. Avoids significant deterioration of water and air resources, scenic resources, and other natural resources;
9. Maintains safe and convenient ingress and egress and traffic flow onto and through the site by vehicles and pedestrians, and safe road conditions around the site and neighborhood;
10. Allows for the protection of property values and the ability of neighboring lands to develop uses permitted in the zoning district;
11. Fulfills a demonstrated need for the public convenience and service of the population of the neighborhood for the special exception use with consideration given to the present availability of such uses;
12. Complies with all other relevant city, state and federal laws and regulations; and
13. For purposes of determining impacts on neighboring properties and/or the neighborhood, the terms neighboring properties and neighborhood shall include the area affected by the requested special exception, which is typically an area of 500 feet to a one-half mile radius from the subject site.
STAFF FINDINGS
Staff has reviewed the application against the thirteen Special Exception review standards contained in Section 155.2420. Staff finds that the proposed pediatric medical office is generally consistent with the Comprehensive Plan, compatible with the surrounding commercial development pattern, and unlikely to create adverse impacts related to traffic, noise, lighting, parking, or public facilities. The facility will occupy existing tenant space within a developed commercial center and does not involve any exterior expansion or site modifications.
Staff’s only identified deficiency relates to compliance with the use-specific separation requirement contained in Section 155.4209(C)(2)(a), which requires a minimum 500-foot separation from RS and RD zoning districts. The applicant has submitted a concurrent Variance application seeking relief from this requirement. Subject to approval of the associated Variance application, staff finds that the applicant has provided competent substantial evidence sufficient to support the required Special Exception findings.
Staff Conditions:
Should the Board determine the applicant has provided competent substantial evidence sufficient to satisfy the thirteen Special Exception review standards, staff requests the Board include the following conditions as part of the Order:
1. This Special Exception approval shall not become effective unless and until Variance Application PZ #26-11000012 is approved.
2. The Special Exception approval shall be limited to the operation of a pediatric medical office substantially consistent with the application materials and representations presented to the Board.
3. Obtain all necessary governmental permits and approvals, including a Zoning Use Certificate and Business Tax Receipt for the use.