boardname
ZONING BOARD OF APPEALS
Meeting Date: JULY 17, 2025
title
SPECIAL EXCEPTION - M&A BROTHERS REALTY NO 17 INC
projectinfo
Request: Special Exception
P&Z# 25-17000006
Owner: M&A Brothers Realty No 17 Inc
Project Location: 5391 N Federal Hwy
Folio Number: 484307000461
Land Use Designation: C (Commercial)
Zoning District: B-3 (General Business)
Commission District: Rhonda Sigerson-Eaton (2)
Agent: Christina Bilenki
Project Planner: Scott Reale
otherinfo
Summary:
The Applicant Landowner is requesting SPECIAL EXCEPTION approval as required by Section 155.4219(H)(1) [Districts Where Permitted] of the Pompano Beach Zoning Code in order to utilize the subject property (Zoning District: B-3) for a Car Wash.
The property is a corner parcel located at the southwest corner of the intersection of N Federal Highway and NE 54th Street at the northernmost edge of the city in the Highlands.
155.4219. COMMERCIAL: MOTOR VEHICLE SALES AND SERVICE USES
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H. Car Wash or Auto Detailing
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 |
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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P |
P |
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P |
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2. Definition
A car wash or auto detailing use is an establishment providing the washing of the exterior of vehicles where vehicles are manually driven or pulled by a conveyor through a system of rollers and/or brushes. Interior cleaning and/or drying may be conducted manually outdoors by vehicle operator or on-site attendants.
3. Standards
A car wash or auto detailing use shall comply with the following standards:
a. The use shall be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements.
b. No overhead doors shall face the front lot line.
c. Each lane shall be covered with a permanent canopy which shall have a maximum clearance height of 14 feet above grade, except where state or federal law requires a higher clearance.
d. Outdoor activity may occur during business hours; such activity shall be limited to the washing, drying and other superficial detailing of the interior/exterior of the vehicles in accordance with an approved site plan.
e. Screening of this use shall meet the general requirements of Section 155.4219.A. Standards Applicable to Motor Vehicle Sales, Service, and Storage Uses.
f. A drive-through that is incorporated as an essential function of the operation shall be permitted by right as accessory to the principal business. Therefore, this use shall not be subject to the accessory use standards for Drive-Through Services within Code Section 155.4303.I.
PROPERTY INFORMATION AND STAFF ANALYSIS
1. The applicant proposes to demolish the existing gas station, auto repair, and boat rental facility on the site, and replace them with a new express car wash facility. The proposed development will include approximately 3,600 sq ft of building area, along with associated landscaping, parking, and site improvements on 0.8 acre corner parcel.
2. The associated Site Plan application (PZ #25-12000011) was reviewed by the Development Review Committee (DRC) on June 4, 2025. Due to the site’s frontage Federal Highway-a major arterial-Building Design approval from the Architectural Appearance Committee (AAC) is required. The property is currently unplatted and may require platting, as determined by the Broward County Planning Council. Additionally, redevelopment of the site requires a dedication of right-of-way along NE 54th Street (also known as SE 15th St) in accordance with the Broward County Trafficways Plan. Several code deficiencies were also identified during DRC review; the applicant will either revise the plans or seek relief through the Administrative Adjustment or Variance process.
3. Car wash facilities are a use permitted by Special Exception within the B-3 zoning district, necessitating this application.
4. The proposed site design includes a single vehicular access point located at the westernmost edge of the property to reduce traffic impacts and increase separation from Federal Highway. The property is surrounded by automotive uses: a Honda dealership to the south and west, and a Toyota dealership directly north, across the city line in Deerfield Beach. The proposed car wash is therefore compatible with the established automotive-oriented character of the surrounding area.
LAND USE PATTERNS
Subject property (Zoning District | Existing Use):
• B-3 | gas station, boat rental, auto repair
Surrounding Properties (Zoning District | Existing Use):
• North: B-2 (Deerfield Beach) | Toyota of Deerfield Beach
• South: B-3 | Hendrick Honda Pompano Beach
• West: B-3 | Hendrick Honda Pompano Beach
• East: RM-16 (Lighthouse Point) | new future freestanding emergency department (under construction)
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 Site Plan, Building Design, and Zoning Use Certificate and Business Tax Receipt for the use.
2. Development shall be in substantial compliance with the conceptual site plan submitted as part of this application and PZ #25-12000011.
3. The car wash operation must be conducted in a manner that does impede the normal flow of vehicular pedestrian traffic along adjacent rights-of-way, specifically N Federal Highway and NE 54th Street.