boardname
ZONING BOARD OF APPEALS
Meeting Date: JULY 17, 2025
title
SPECIAL EXCEPTION - 1660 SW 13 POMPANO LLC
projectinfo
Request: Special Exception
P&Z# 25-17000007
Owner: 1660 SW 13 Pompano LLC
Project Location: 1660 SW 13 Ct
Folio Number: 494203000646
Land Use Designation: I (Industrial)
Zoning District: I-1 (General Industrial)
Commission District: Darlene Smith (5)
Agent: Michael Amodio
Project Planner: Scott Reale
otherinfo
Summary:
The Applicant Landowner is requesting SPECIAL EXCEPTION approval as required by Section 155.4228(A)(1) [Districts Where Permitted] of the Pompano Beach Zoning Code in order to utilize the subject property (I-1 zoning district) for Outdoor Storage (as a principal use).
The property is located on the south side of SW 13th Court, approximately 1,750 feet west of S Andrews Avenue (SW 12th Avenue) in the Andrews Industrial District.
ZONING REGULATIONS
§155.4228. INDUSTRIAL: WAREHOUSING AND FREIGHT MOVEMENT USES
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A. Outdoor Storage (as a principal use)
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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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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S |
P |
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P |
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2. Definition
Outdoor storage as a principal use is the keeping, in an area that is not totally and permanently enclosed, of any finished goods, material, merchandise, boats, or vehicles in the same place for more than 24 hours, where such storage is the principal use of a lot. This use does not include a junkyard or salvage facility or the display and storage of vehicles as part of an automobile, recreational vehicle, trailer, or truck sales or rental use.
3. Standards
Outdoor storage as a principal use shall comply the following standards:
a. Perimeter buffer and screening standards
i. The area(s) used for outdoor storage shall be fully enclosed with a fence or masonry wall no less than eight feet high in accordance with Section 155.5302, Fences and Walls. The height of materials and equipment stored shall not exceed the height of the screening fence or wall .
ii. Perimeter buffers in accordance with Section 155.5203.F, Perimeter Buffers, shall be provided between the outdoor storage area(s) and the site's boundaries, with a type C buffer provided between an outdoor storage area and the front lot line, a type B buffer provided between an outdoor storage area and any side or rear lot line adjoining a street, and a type A buffer provided between an outdoor storage area and any other side or rear lot line.
iii. Development Existing on or Before April 27, 1999.
(A) Existing properties. Lawfully existing outdoor storage established prior to 1999, or lawfully existing outdoor storage established prior to annexation without a landscape plan approved on record shall comply with the perimeter buffer and screening standards of this section. Submission and approval of a landscape plan shall be required for compliance with this section. Upon compliance said outdoor storage facility shall be deemed a lawfully existing special exception use:
(1) A fully-opaque fence may be substituted for the wall where required.
(2) Any lot on public record prior to June 25, 1991, that is 100 feet or less in width may provide a five-foot wide perimeter buffer between an outdoor storage area and an interior side or street side lot line.
(3) Buffer and screening standards shall not apply to a property line abutting an active railroad siding servicing the property.
(4) Street trees shall be provided as required by the landscape ordinance.
b. Any repair of equipment shall be conducted on a paved surface or within an enclosed building.
c. All areas used for outdoor storage shall have a surface that avoids dust and safeguard groundwater.
d. If the outdoor storage area is covered, the covering shall include at least one of the predominant exposed roofing colors on the primary structure.
e. Flammable liquids or gases in excess of 1,000 gallons shall be stored underground.
f. Materials shall not be stored higher than the height of the screening.
d. All areas used for outdoor storage shall have a surface that avoids dust and safeguard groundwater.
PROPERTY INFORMATION AND STAFF ANALYSIS
1. The subject property was annexed into Pompano Beach via Ordinance 64-114 in 1965 and has retained an I-1 zoning designation, which permits outdoor storage as a principal use by Special Exception.
2. The site currently has a valid Business Tax Receipt (BTR) for an industrial rental building.
3. Aerial imagery submitted by the applicant indicates possible outdoor storage activity. However, staff found no evidence of any formal approval (e.g., permits, site plans, Special Exception) authorizing such use. As such, the current application proposes formal recognition of Outdoor Storage as a principal use. The submitted materials include a conceptual site and landscape plan.
4. In 1978, the City approved a site plan under PRA #78-3505 for an interior finishing manufacturing plant. A Certificate of Occupancy was issued for an existing steel structure tied to that use. In 2006 Building Permit #06-14011 was issued for asphalt overlay and striping. Additionally, the Zoning Board of Appeals (ZBA) granted a Variance (Appeal #77-52) in 1977 to allow restoration of a nonconforming use following fire damage. However, that variance applied only to the former use and does not extend to future uses.
5. Should the Special Exception be granted, the applicant will be required to submit and obtain formal Site Plan approval, demonstrating compliance with §155.4228(A)(3) which are the use-specific standards for outdoor storage, including installation of an 8-foot high opaque fence or wall and installation of all required perimeter buffers and screening. Additionally, the site must maintain a 20% minimum pervious area, as required by the I-1 zoning district. Finally, the applicant must address all site design elements to safeguard groundwater, including surfacing materials and potential stormwater management enhancements.
6. The site is located in the Andrews Industrial District, an area characterized by heavy industrial and warehousing uses. The proposed outdoor storage use is consistent with the industrial nature of surrounding development. With the required buffering and site plan improvements, the proposed use is expected to be compatible with adjacent properties and the broader district character.
LAND USE PATTERNS
Subject property (Zoning District | Existing Use):
• I-1 | no active BTR except for landlord (industrial rental building)
Surrounding Properties (Zoning District | Existing Use):
• North: I-1 | manufacturing of grommets and washers (Edwin B. Stimpson Co.)
• South: I-1 | McNab Business Park (various uses)
• West: I-1 | tile fabrication (marble and granite), electric motor and service repair, marine-related manufacturing
• East: I-1 | manufacturing/welding, residential contractor
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 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. Obtain all necessary governmental permits and approvals, including a Site Plan approval (demonstrating full compliance with §155.4228(A)(3), including screening, buffer types, and surfacing standards), Building Permit, and Zoning Compliance Permit.
2. Ensure that the site maintains at least an overall 20% minimum pervious area, in accordance with the I-1 zoning district standards.
3. Outdoor storage activity must remain fully screened at all times and be located on a properly paved surface.
4. Materials shall not be stored higher than the height of the screening.