The applicant has owned the 21,200 square foot parcel since 1970 and has operated a place of worship there for many years. The applicant acquired the 6,000 square foot parcel with the dwelling in 2011. Although the site has been mostly used for institutional purposes, it is and has been zoned R-1. The church proposes to rezone the entire property to CF, Community Facilities zone to permit the longstanding place of worship to be in the correct zone and to convert the dwelling into a learning center that would serve children aging out of foster care, as an accessory project of the church in partnership with the Big Children’s Foundation. The rezoning requires an Ordinance to be adopted by City Commission with a recommendation from the Planning and Zoning Board. The conversion of the dwelling and its lot to an accessory learning center for the church requires Development Site Plan approval from the Development Review Committee for a change of use and for a waiver requested for the location of a fence and privacy wall.
Through this request, the 27,200 square foot site would be in the CF, Community Facilities Zone. The parkland to the north and east is split-zoned OS, Open Space and R-1, Single Family Residential. The properties to the south and west across the street are zoned R-1. Throughout the City, most CF zones areas consist only of the property of a church or school with surrounding properties in different zones.
The Development Review Committee has evaluated the site plan and found it complies to applicable standards and can be approved pending this rezoning.
Zoning District Regulations Applicable to Primary Place of Worship Lot if Rezoned to CF:
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Standard
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Required
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Existing – No Changes Proposed
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Status
|
|
Minimum Pervious Area
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30%
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62%
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Complies
|
|
Front Setback
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25'
|
69'
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Complies
|
|
Side (north)
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0'
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17'
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Complies
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|
Side (south & NE 34th Ct)
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0’ and 15' from street
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39'
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Complies
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|
Rear
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0'
|
26'
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Complies
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|
Parking Spaces
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21 spaces
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21
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Complies
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Zoning District Regulations Applicable to Accessory Learning Center if Rezoned to CF:
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Standard
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Required
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Existing – No Changes Proposed
|
Status
|
|
Minimum Pervious Area
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30%
|
62%
|
Complies
|
|
Front Setback
|
25'
|
25'
|
Complies
|
|
Side (NE 3rd Avenue)
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15'
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40'
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Complies
|
|
Side (east)
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0'
|
12'
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Complies
|
|
Rear
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0'
|
6'
|
Complies
|
|
Parking Spaces
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6 spaces
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6 spaces through non-concurrent parking agreement
|
Complies
|
Findings:
Staff has determined that the site and its buildings’ compliance with zoning requirements would not be adversely affected if the property were rezoned. The rezoning of the site is a corrective measure to address the long-standing existence of a place of worship on this site. It also enables the church to fully utilize its property holdings.
The Future Land Use Map of the Comprehensive Plan identifies this site and area for low-density residential use, but that use category includes community facilities as permissible in that area. This rezoning would comply with the Comprehensive Plan.
Applicable Codes:
City of Oakland Park, Land Development Code
§ 24-29. - R-1: Single-Family Residential District. {current Zoning District}
(A) Purpose. R-1 zoning is established for single-family dwelling units and related accessory uses at a density not to exceed five (5) units per gross acres except where (C)(1)(b) below applies
§ 24-44. - CF: Community Facilities District. {proposed Zoning District}
(A) Purpose. There is hereby established a CF: Community Facilities District, which is intended to apply to government-owned and certain privately-owned community service uses designated community facilities on the City of Oakland Park Future Land Use Map, and certain other areas in the city which are in the best interests of the public to be utilized for community facilities. A site plan shall be required in accordance with article XII.
Comprehensive Plan Policies (Future Land Use Element) relating to rezoning applications:
Policy 1.7.2 The City shall reject rezoning, variance, and conditional use applications that would be detrimental to residential neighborhood quality by virtue of incompatibility of land use or excessive density. The City shall protect whenever possible existing and planned residential areas, including single family neighborhoods, from disruptive land uses and nuisances. When reviewing these types of applications the City shall consider compatibility of uses; intensity of uses; hours and types of operations; impacts (such as noise, lighting, and odors) that may negatively affect nearby residences, businesses, or community facilities; building mass and placement; and transportation access and connectivity.