Alex Dambach, AICP

Planning Supervisor

Lauren Pruss, AICP

Assistant Director of Community and Economic Development

Peter M. Schwarz, AICP

Director of Community and Economic Development

Case No. CD20-15CPT “Oakland Park Downtown Development District (OP3D) Land Development Code Text Amendment” A public hearing to consider amending the City of Oakland Park Land Development Code providing regulations for the downtown areas of Oakland Park by updating Chapter 24, Article XX “Oakland Park Downtown Development District (OP3D) Regulations,” sections 24-254 through 24-284, to provide new regulations for permitted, prohibited, and conditional uses; the addition of a new Middle River sub-area; updates to the Bonus Provision Program requirements; and other updates for the area pertaining to properties within the expanded Oakland Park Activity Center future land use designation.

Issue Statement: New zoning regulations for downtown Oakland Park were adopted on July 21, 2021 that created new development opportunities and support creation of a pedestrian-oriented, transit-supportive downtown with a mix of residential and commercial uses. That ordinance included interim regulations for permitted, conditional, and prohibited uses, and it was only applicable to the area that was then designated as a Local Activity Center (LAC). Staff has now developed a final list of uses and the LAC is pending expansion to include the riverfront area south of Oakland Park Boulevard, properties along the west side of NE 10 Avenue in downtown, and areas within approximately 600 feet of the north boundary of the existing OP3D area.

With the proposed expansion, the OP3D regulations need to be amended to include a sub-area for the riverfront. Additionally, with the ordinance having been in effect for nearly a year, it is time to enact amendments or updates to various areas of the code based on experience with its implementation. The Planning and Zoning Board is required to make a recommendation to City Commission regarding this text amendment.

Recommended Action: The Planning and Zoning Board make a recommendation to City Commission to adopt an ordinance amending the City of Oakland Park Land Development Code providing regulations for the downtown areas of Oakland Park by updating Chapter 24, Article XX “Oakland Park Downtown Development District (OP3D) Regulations,” sections 24-254 through 24-284, to provide new regulations for permitted, prohibited, and conditional uses; the addition of a new Middle River sub-area; updates to the Bonus Provision Program requirements; and other updates for the area pertaining to properties within the expanded Oakland Park Activity Center future land use designation.

Background: In 2018, the City of Oakland Park commissioned a comprehensive review of the City’s Downtown development potential, including land use, zoning, development regulations, design guidelines, landscaping, parking, and transportation. The result of this effort indicated that redevelopment of the area depends upon the creation and implementation of new zoning and land development regulations that facilitate a mix of uses and transit-supportive residential density along the Dixie Highway Corridor.

The City convened downtown and regional stakeholders and conducted community input meetings that provided guidance to Staff and the City’s design professionals in developing Land Development Code updates.  In addition to suggesting new regulations, which were adopted in 2021, the OP3D planning effort led to a decision to expand the downtown area southward to the Middle River, westward to take in both sides of NE 10 Avenue, and northward to include additional properties that would benefit from redevelopment.

The existing downtown area was already designated in the Future Land Use Map as a LAC, enabling zoning for mixed-use, pedestrian-oriented development. The OP3D zoning was created for that area with the expectation that this zoning would also apply to the expansion areas when those areas are also designated as LAC. The following official actions were necessary for creation of the OP3D and for expanding the LAC.

•  On March 17, 2021, the City Commission adopted an ordinance on first reading amending the Comprehensive Plan text and Future Land Use Map to designate the expansion area as a Local Activity Center.

•  On July 21, 2021, the City Commission adopted Ordinance O-2021-007 on second reading creating the zoning regulations for OP3D for the area already designated as Local Activity Center.

•  On August 4, 2021, the City Commission adopted Ordinance O-2021-011 on second reading rezoning the area already designated as Local Activity Center to OP3D.

•  On January 25, 2022, the Broward County Board of County Commissioners approved on first reading transmittal of the amendment to the County’s Future Land Use Plan to designate the expansion area as an Activity Center and send to State and Regional Reviewing Agencies.

•  On March 2, 2022, the final review by State and Regional Reviewing Agencies was completed to designate the expansion area as a Local Activity Center.

• On April 25, 2022, the Broward County Board of County Commissioners will consider adoption on second reading of the amendment to the County’s Future Land Use Plan to designate the expansion area as an Activity Center.

With the expansion of the LAC area pending and with the current OP3D regulations having been in effect for almost a year, the proposed ordinance updates, improves, and finalizes the OP3D regulations and provides appropriate regulations for the expansion areas.

Other Reviews: The rezoning of the expanded LAC to OP3D is under review as another agenda item.

Future Land Use:  The entire area to be rezoned is pending designation in the Future Land Use Map as a Local Activity Center, and the OP3D zoning corresponds with the amended Comprehensive Plan

Prior to adoption of OP3D zoning, the City had conducted extensive studies on the level of development activity that had occurred and its potential for redevelopment. It commissioned specialists in architecture, urban design, transportation, and urban planning and found that the zoning regulations and Comprehensive Plan Land Use designations and policies for the area needed updating.

During the public outreach efforts for this zoning update, the public was informed that the following goals were to guide our efforts and were specifically intended for this Ordinance: 

• Protect neighborhood quality of life
• Ensure no reduction of greenspace and amenities
• Support sustainable economic development
• Realize long-term economic investment for the City

On July 21, 2021, the City Commission adopted the zoning regulations now in effect for OP3D. These regulations applied to a limited geographic area that had been designated as the LAC by the Comprehensive Plan. There was a year-long effort to get approval for an expansion of the LAC by Broward County and by State and Local Reviewing Agencies, which was completed on March 2, 2022. Final adoption of the expansion of this area is pending second reading and final adoption by the City Commission in the coming months.

A text amendment to the OP3D zoning regulations is proposed to accomplish several purposes:

• Accommodate the expansion areas of the LAC designated area pending an amendment to the Future Land Use Map of the Comprehensive Plan, particularly for the riverfront area south of Oakland Park Boulevard. The text amendment adds a new sub-area to be called the Middle River (MR) subarea, which is envisioned as a mixed-use neighborhood to include commercial, retail and residential uses oriented towards the Middle River with buildings fronting bike/ped trails for public access and connecting the area to downtown. The text amendment provides regulations on land uses, building sizes, density, and open space for the riverfront area.

•  Update regulations for the Bonus Provision Program to address possible development projects that may require additional floor area or density but not additional height. The current regulations only have requirements for public improvements based on additional height, so requirements are needed for these other types of requests.

•  Provide the final list of permitted, prohibited, or conditional uses of property in the various sub-areas of the OP3D. The current list was adopted as an interim list. The final list was created to address uses that would be welcome in a downtown area including food and beverage establishments and retail. It also limits locations of certain uses that are appropriate for downtown but not appropriate for a storefront along a pedestrian-oriented shopping street, such as office space.

•  Updated language regarding parking to add detail on regulations applicable to reuse of existing buildings, to add parking requirements for outdoor dining areas, and to add language for use of valet or parking lifts/machines.

•  Added a section to prohibit the subdivision of lots smaller than 6,000 square feet unless for townhomes.

Section by Section Amendment Summary:  Below is a statement for each section of Article XX of amendments to OP3D:

FINDINGS

This Ordinance is the result of a multi-year project to address the need for cohesive, intelligent regulations that address and accommodate good urban design and call for quality buildings while preserving the existing character of the City, protecting surrounding areas, and supporting vibrancy, pedestrian activity, and livability. These regulations follow from information presented at various public meetings and feedback provided by residents and stakeholders in the OP3D Steering Committee.

The proposed changes have been reviewed for consistency with the City's Comprehensive Plan. Each of the proposed land development regulations, including building height and stepbacks, permitted uses, parking, residential density and non-residential intensity meets or exceeds the requirements of our Comprehensive Plan. 

The proposed Land Development Code text amendment specifically supports or advances the following objectives and policies of the Comprehensive Plan:

Objective 1.3 Community redevelopment areas, as designated by the City, shall receive special attention and assistance in renewal.

Policy 1.3.4 The City shall improve mobility options and ensure multi-modal transportation opportunities in redevelopment areas by:

 creating open space connections throughout the area;

•  encouraging pedestrian friendly site designs, such building placement

 adjacent to sidewalk, front porches or outdoor seating, and rear parking areas.

•  initiating a sidewalk program to address gaps in the network and provide routes to schools, parks and other community facilities;

•  improving bicycle mobility;

•  enhancing bus stops;

•  planning for a Downtown transit station along the FEC corridor;

•  intersection improvements and traffic calming to improve safety and access; and

•  encouraging a park-once strategy in the Downtown

Objective 1.14 The City shall encourage compact development reflecting characteristics which include a mixture of community serving uses such as commercial, office, employment, civic and institutional, recreation and open space and residential, characterized by an efficient infrastructure, close-knit neighborhoods and sense of community, preservation of natural systems, promotion of pedestrian and bicycle circulation and convenient access to mass transit facilities within a Local Activity Center Land Use category.

Policy 1.14.1 The City will support the location of uses in a manner oriented around the five-minute (i.e., quarter-mile) walk within any proposed Local Activity Center. Multiple nodes of activity oriented around the five-minute (i.e., quarter-mile) walk will be included within a Local Activity Center. A Local Activity Center will support the location of uses and internal circulation such that pedestrian mobility is a priority. All land uses in a Local Activity Center shall be directly accessed via pedestrian ways, and accessible to existing or future alternate public transportation modes, including bicycle and transit.

Policy 1.14.2 The City shall include park land and/or open space that is accessible to the public as a functional component within a proposed Local Activity Center.

Policy 1.3.2 The City shall assist in providing improved quality and safety of housing and neighborhoods, through such activities as:

•  encouraging a diversity of housing types located near parks and open spaces, where feasible;

•  encouraging in-fill development;

•  improving neighborhood compatibility and buffering from industrial and commercial uses;

•  improving the level of service for water, wastewater and drainage infrastructure; and encouraging innovative community policing programs.

Policy 1.14.3 The City will include housing opportunities as a functional component within a proposed Local Activity Center.

The Planning and Zoning Board make a recommendation to City Commission to adopt an ordinance amending the City of Oakland Park Land Development Code providing regulations for the downtown areas of Oakland Park by updating Chapter 24, Article XX “Oakland Park Downtown Development District (OP3D) Regulations,” sections 24-254 through 24-284, to provide new regulations for permitted, prohibited, and conditional uses; the addition of a new Middle River sub-area; updates to the Bonus Provision Program requirements; and other updates for the area pertaining to properties within the expanded Oakland Park Activity Center future land use designation.