The applicant is proposing to occupy the 1,970 square foot space in the existing building for a retail pet shop use. The applicant is not proposing any changes to the interior and will install a wall sign to the front façade.
The subject property is located within the B-1 Community Business Zoning District and CP Commercial Parking District, where a retail pet shop use is only permitted with Conditional Use approval in the B-1 district. Conditional Uses are subject to the approval of the City Commission after a recommendation by the Planning and Zoning Board.
The Future Land Use Map of the Comprehensive Plan designates the site for commercial use, and this type of establishment is consistent with the Comprehensive Plan.
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Standard
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Required
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Existing
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Status
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Minimum Landscape or Pervious Area
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25%
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32.2%
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Complies
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Front Setback
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10'
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10'
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Complies
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Side (west)
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0'
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2'
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Complies
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Side (east)
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0'
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57’
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Complies
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Rear
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15'
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47’
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Complies
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Parking Spaces
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20 spaces
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21
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Complies
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Findings:
The Development Review Committee (DRC) reviewed the application and determined that the project will meet the technical requirements of the Land Development Code if Conditional Use is approved for this application.
For Conditional Use to be approved, the following criteria shall be met:
(1) The proposed use is essential to the proper functioning of a utility system or is specifically listed as a permitted conditional use in the district in which it is to be located;
Staff notes that a retail pet shop use is listed as a permitted conditional use in the B-1 district.
(2) The use is deemed desirable for the public convenience or welfare, and the use is in harmony with the purpose and intent of this chapter and will not be detrimental or injurious to the surrounding area.
The applicant has provided a written response indicating that she has three (3) years of directing operations and programing for a zoo education department and five (5) years of managing and owning a 30,000 square foot retail location in Miami-Dade. Staff notes that the subject property is located in a commercial area and that the tenant space is not anticipated to adversely affect surrounding businesses.
(3) When granting approval for conditional use, the board may attach conditions and safeguards, in addition to those prescribed in the district regulations, as they determine are necessary for the protection of the surrounding area and to preserve the spirit and intent of the ordinance.
Staff recommends conditions be included should the City Commission move to approve the application. See below.
(4) The application must also meet all of the following criteria, where appropriate:
(a) Conformance with comprehensive plan.
Staff notes that the site is designated for commercial use by the Comprehensive Plan. The proposed use is a commercial use.
(b) Harmony with adjacent uses (existing or zoned).
The applicant has provided a written response indicating that she previously operated a retail pet shop in Miami-Dade area for five (5) years and the proposed use is consistent with the surrounding area.
(c) Facility levels of service maintained.
The applicant has provided a written response indicating that usage of infrastructure is not expected to increase from this proposed use.
(d) Use not hazardous to nearby housing, particularly traffic; see (B) above.
The applicant has stated that she operated a pet shop with her family in Miami-Dade County for several years.
(e) The architectural and site design are compatible with the character of the surrounding area.
The building received a Site Development Plan approved by DRC on October 16, 2015.
Staff recommends that if Conditional Use were approved, the following conditions be included:
- The sale of dogs and cats shall be prohibited pursuant to Section 4-10 of the City of Oakland Park Code of Ordinances.
- All windows shall be transparent and provide clear view into and out of the public, retail and reception areas of the subject space, and window signage shall comply with Land Development Code standards and not cover more than 15 percent of any window in which it is attached.
- The applicant shall comply with all conditions specified by the DRC.
- The final signage plan for the establishment shall be reviewed by the DRC to ensure harmony with the Rankin Plaza design and character.
- The Conditional Use, if approved, applies only to the subject unit of the building (i.e. the easternmost 1,970 square feet located in Suite 521).
- The Conditional Use for a retail pet shop use shall be granted to the current owner and shall expire upon the sale of a majority interest in the entity or when Dana Rosenberg is no longer in control of the day to day business operations.
- The business operations shall be permitted to take place between 8:00 AM and 10:00 PM daily.
Applicable Code Sections:
Section 24-165 Conditional Use Criteria:
(C) Review criteria. The Commission shall not approve a conditional use, unless and until it finds that:
(1) The proposed use is essential to the proper functioning of a utility system or is specifically listed as a permitted conditional use in the district in which it is to be located;
(2) The use is deemed desirable for the public convenience or welfare, and the use is in harmony with the purpose and intent of this chapter and will not be detrimental or injurious to the surrounding area.
(3) When granting approval for conditional use, the board may attach conditions and safeguards, in addition to those prescribed in the district regulations, as they determine are necessary for the protection of the surrounding area and to preserve the spirit and intent of the ordinance.
(4) The application must also meet all of the following criteria, where appropriate:
(a) Conformance with comprehensive plan.
(b) Harmony with adjacent uses (existing or zoned).
(c) Facility levels of service maintained.
(d) Use not hazardous to nearby housing, particularly traffic; see (B) above.
(e) The architectural and site design are compatible with the character of the surrounding area."