Lorrainia Belle

Senior Planner

Lauren Pruss, AICP

Assistant Director of Community and Economic Development

Peter Schwarz, AICP

Director, Community and Economic Development

Case #CD21-11CU “Doc’s Tattoos, LLC”

 A public hearing to consider an application by Heather Stephens of Doc’s Tattoos for conditional use for a Tattoos & Body Piercing Studio to be located at 123 West Prospect Road, Oakland Park, Florida 33309.

Issue Statement: The applicant, Heather Stephens of Doc's Tattoos, LLC (tenant) and KDX Realty, LLC (property owner) request Conditional Use to allow an existing storefront consisting of approximately 620 square feet within a one-story, 2,066 square foot commercial building located at 123 West Prospect Road, to be utilized as a Tattoos & Body Piercing Studio.

Recommended Action: The City Commission hold a public hearing and consider the request for Conditional Use in accordance with Section 24-165 for a Tattoos & Body Piercing Studio at 123 West Prospect Road.  

Neighborhood Participation Meeting: The Neighborhood Participation Meeting was held on April 5, 2021, per Section 24-163(E) of the Oakland Park Code of Ordinances. In accordance with Section 24-163(E)(5) of the Oakland Park Code of Ordinances, an additional Neighborhood Participation Meeting was held October 7, 2021. 

Planning and Zoning Board:

At the Planning and Zoning Board’s meeting of September 20, 2021, the proposed conditional use application was presented at a public hearing. Staff made a presentation to the Planning and Zoning Board, describing the project in relation to the City’s Code of Ordinances.

No members of the public provided in-person comments regarding the application.

The following written comments were read into the record:

• Robert Lasorsa submitted written comments in support of the project.
• Melanie Garbo submitted written comments in support of the project.

The Board discussed the item after hearing the comments. Board Chair Rivelli commented on the business having been in this location for several years in the past.

The Planning and Zoning Board took an action by a vote of 4-0 to recommend approval of the application for conditional use for a Tattoos & Body Piercing Studio to the City Commission.

Property Description: The approximately 620 square foot space the applicant proposes to occupy is one of three existing storefronts within a 2,066 square foot one-story commercial building. The project site is a 5,503 square foot lot. The building covers 2,066 square feet of the site, and the remainder contains 3,437 square feet of open space. Parking is provided in a plaza owned by the City of Oakland Park, located on the south side (front) of the property. This retail space is 15.5 feet wide. The other spaces in this building and along this block are commercial uses. Single-family residences are located to the north (rear) of this lot, across NW 45 Street.

The applicant proposes to convert a 620 square foot retail storefront in an existing building into a Tattoo & Body Piercing Studio. The applicant proposes no changes to the interior, and the only proposed change to the exterior consists of wall signs for the front façade.

The building is included within West Prospect Plaza with a two-foot front setback and is considered compliant, as this setback is a pre-existing non-conforming condition. The area behind the building (rear yard) is a pervious area with grass and foliage. Parking is provided in the City-owned lot in front of the building, and parking is considered compliant given that the proposed use does not result in a change of occupancy (parking category) from the previous use, in accordance with Section 24-80(A)(3) of the Oakland Park Code of Ordinances.

The subject property is within the B-2 General Business Zoning District, and a Tattoos & Body Piercing Studio is only permitted through Conditional Use in this district. Conditional Uses are subject to approval of the City Commission after consideration by the Planning and Zoning Board.  The co-applicant, Heather Stephens, stated that she and her husband had operated a tattoo studio in this location for several years.  The space was utilized with as  different use after her business closed, thus requiring a conditional use application to renter the space with the proposed use at this location per City Code. Ms. Stephens has entered into a lease with the property owner to reoccupy this space. 

The Future Land Use Map of the Comprehensive Plan designates this area for commercial use, and this type of establishment is consistent with the Comprehensive Plan.

Zoning District Regulations in the B-2 Zoning District:

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.

Staff recommends that if Conditional Use were approved, the following conditions should be included:

1.  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.

2. The applicant shall comply with all conditions specified by the Development Review Committee.

3. The Development Review Committee reviews the final signage plan for the establishment to ensure harmony with the Prospect Plaza design and character.

4.   The Conditional Use, if approved, applies only to the subject unit of the building (123 West Prospect Road).

5.   The Conditional Use for Tattoos & Body Piercing Studio shall be granted to the current owner and shall expire upon the sale of a majority interest in the entity or when Heather Stevens is no longer in control of the day to day business operations.

6.   The business operations shall be permitted to take place between 7:00 AM and 11:00 PM daily.

For Conditional Use to be approved, the following criteria shall be met:

Applicable Code Sections:

"§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."