boardname
ZONING BOARD OF APPEALS
Meeting Date: DECEMBER 19, 2024
title
SPECIAL EXCEPTION - TOM MASON
projectinfo
Request: Special Exception
P&Z# 24-17000010
Owner: Tom Mason
Project Location: 627-631 S Dixie Hwy E
Folio Number: 494202160200 & 494202160210
Land Use Designation: C (Commercial)
Zoning District: B-4 (Heavy Business)
Agent: Justin Gelinas
Project Planner: Scott Reale
otherinfo
Summary:
The Applicant Landowner is requesting SPECIAL EXCEPTION approval as required by Section 155.4219(L)(1) [Districts Where Permitted] of the Pompano Beach Zoning Code in order to utilize the subject property (Zoning District: B-4) for used automobile and light truck sales with outdoor display.
The property is located on the west side of northbound S Dixie Highway, between SW 6th Street and SW 8th Street.
ZONING REGULATIONS
§155.4219. COMMERCIAL: MOTOR VEHICLE SALES AND SERVICE USES
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L. Used Automobile and Light Truck Sales with Outdoor Display
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 |
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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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S |
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2. Definition
A used automobile and light truck sales with outdoor display consists of premises on which used automobiles, light trucks, motorcycles, mopeds, and golf carts, in operating condition are stored and displayed for sale or lease outdoors.
PROPERTY INFORMATION
1. The subject property, developed in the mid-1970s as a warehouse (permits #3320 and #3321), consists of two lots in the Raceway Center subdivision. At the time of development, the property was zoned General Industrial (I-1).
2. The property currently holds an active Business Tax Receipt (BTR) for Used Automobile and Light Truck Sales with Indoor Display Only (Lexy’s Auto Sales). While this use is permitted by right in the B-4 zoning district, Code Enforcement issued a citation to the property owner for displaying vehicles outside (Code Case 23-09003796). A Special Exception is required to allow outdoor vehicle display in the B-4 zoning district.
3. If approved, the applicant must ensure that all vehicles on display are properly maintained and organized. The site must comply with the motor vehicle sales standards outlined in Section §155.4219.A.2.a. Specifically, one display pad (not exceeding 500 sq. ft.) is allowed for every 100 feet of street frontage. Since the site has 100 feet of frontage along S Dixie Highway, one display pad is permitted. Note that parking spaces used for vehicle display cannot be counted toward meeting the Minimum Off-Street Parking requirements.
4. Several motor vehicle sales and service businesses are located along S Dixie Highway, many of which are legally nonconforming. Staff finds that the proposed use is compatible with other businesses near the subject property.
LAND USE PATTERNS
Subject Property (Zoning District | Existing Use):
• B-4 | auto dealer (Lexy’s Auto Sales)
Surrounding Properties (Zoning District | Existing Use):
• North: B-4 | school bus storage, maintenance, and repair (Pine Crest School)
• South: B-4 | paint and body shop (Pompano Paint & Body Repair)
• West: B-4 | school bus storage, maintenance, and repair (Pine Crest School)
• East: B-4 | self-storage (Public Storage)
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 Zoning Use Certificate and Business Tax Receipt for outdoor display of vehicles.
2. Vehicles on display must be operable and not visibly wrecked, junked, or dismantled.
3. Loading and unloading of vehicles shall be conducted on site. No operation associated with the use shall occur in a manner that impedes the normal free flow of vehicular traffic on S Dixie Highway.