Item Coversheet

CITY OF OAKLAND PARK, FLORIDA
PLANNING AND ZONING ADVISORY BOARD AGENDA ITEM REPORT

A
GENDA ITEM NO. 5.

MEETING DATE: 4/11/2022
PREPARED BY: 

Alex Dambach, AICP

Planning Supervisor


Lauren Pruss, AICP

Assistant Director or Community and Economic Development


Peter Schwarz, AICP

Director of Community and Economic Development

DEPARTMENT HEAD APPROVAL:  ECD for Planning and Zoning Board
SUBJECT:

Case #CD19-13T “Text Amendment to Amend Automobile Sales Regulations” 

 A Public Hearing to consider amending Chapter 24 of the Code Of Ordinances, Entitled “Land Development Code”, by specifically amending Article III, Section 24-41, entitled “Master Business List” to convert ‘Automobile Sales, Wholesale & Retail (Within Building Only)’ from a permitted to a conditional use in applicable zones and to add supplemental regulations for this use and for ‘Automobile Sales, Used’ establishments.

1.BACKGROUND/HISTORY
    
 

Issue StatementIn order to protect the quality of life within the City of Oakland Park, enhanced business and zoning regulations are needed pertaining to automobile sales establishments. 


Recommended Action:  The Planning and Zoning Board recommend that the City Commission adopt the attached Ordinance amending Article III, Section 24-41, entitled “Master Business List” to require conditional use approval for ‘Automobile Sales, Wholesale & Retail (Within Building Only)’ and to add supplemental regulations for these establishments and for ‘Automobiles Sales, Used’ establishments.

2.CURRENT ACTIVITY
    
 

The City has experienced a proliferation of indoor automobile sales establishments that are intended to sell used cars over the internet.  Lack of regulation for this type of use has led to situations where establishments operate without adequate space for inventory cars, leading to those cars being parked in the right-of-way and on other businesses’ properties, even when the operators claim that the cars-for-sale are not kept on premises but are instead only sold online. 


Zoning Enforcement staff resources are strained addressing problems with these establishments, once opened.  Standards are needed to determine when or where these establishments can or should be permitted to operate.  Also needed is the level of review provided by conditional use regulations.    


Staff proposes text amendments to the City of Oakland Park Land Development Code as follows: 

 

  1.  Amend the Master Business List table such that the ‘Automobile Sales, Wholesale & Retail (within building only)’ would be converted from permitted to conditional use for the B-3 and I-1 districts.

  2.  A supplemental regulation would be added for both the ‘Automobile Sales, Wholesale & Retail (within building only)’ and the ‘Automobile Sales, Used’ use that would require the following for these establishments:


a. An indoor area of 1,200 square feet including a 100 square foot separate office to provide space for a car showroom and the office required by State Regulations.  This requirement is similar to one used by the City of Fort Lauderdale.


b. Adds minimum lot area requirements for automobile sales establishments that are not within the building only.  This requirement is similar to one used by the City of Fort Lauderdale.


c. Regulations are added for fencing to avoid use of barbed wire and chain link fencing in visible areas.


d. Signage regulations are added to prohibit the use of animation, flags, banners, and other fabric signage to address unsightly that has been used by some automobile dealers.  This regulation is similar to one used by the City of Deerfield Beach.

 

e. Regulations would explicitly prohibit the parking or storage of inventory vehicles on public right-of-way or on other properties.

 

3.FINANCIAL IMPACT
    
 Not Applicable
4.RECOMMENDATION
    
 The Planning and Zoning Board recommend that the City Commission adopt the attached Ordinance amending Article III, Section 24-41, entitled “Master Business List” to require conditional use approval for ‘Automobile Sales, Wholesale & Retail (Within Building Only)’ and to add supplemental regulations for these establishments and for ‘Automobiles Sales, Used’ establishments.
ATTACHMENTS:
Description
Draft Ordinance