The applicant, US Housing Equity Fund LLC, proposes to rezone the subject property from PCC-2: Planned Business Center District to R-1: Single Family Residential District to permit the construction of a new single-family dwelling. The rezoning requires an Ordinance be adopted by the City Commission with a recommendation from the Planning and Zoning Board. Development Site Plan approval is not required for a single-family home, however upon approval of the requested rezoning, the applicant will need to apply for a building permit.
It should be noted that the site, containing 4,567 square feet, is smaller than the minimum 6,000 square feet required by the R-1 zone. However, Section 24-29 (C) (b) permits lots smaller than 6,000 square feet so long as the property was a single lot of record subdivided and recorded prior to the sixth day of August, 1958, as long as the owner of the lot or parcel does not have or share, and has not had or shared within one year, any ownership interest in any abutting lot or parcel that would, if combined with the lot in question, create a building site that meets the 6,000 square foot requirement. The subject property was platted on April 17, 1956, and accordingly, meets this requirement.
Applicable Codes:
City of Oakland Park, Land Development Code
§ 24-45 – PCC: Planned Commerce Center District (existing Zoning District)
(A) Purpose. The Planned Commerce Center (PCC) District is intended to apply to certain large parcels of land located on arterial or urban collector streets as so designated in the city comprehensive plan, which are designated for commercial or industrial use on the future land use map. The PCC District is designed to encourage the development of planned and unified office, business and light industrial complexes, at proper locations in an aesthetically pleasing environment in accordance with an approved site plan. Three (3) subdistricts are created to enable the city to determine the appropriate type of commerce center at a particular location, based upon the land use plan designation of the property, as well as the potential impact on surrounding residential neighborhoods, the regional transportation network and other services and facilities. These subdistricts are as follows:
PCC-1: Planned Office Center.
PCC-2: Planned Business Center.
PCC-3: Planned Light Industrial Center.
§ 24-29 - R-1: Single Family Residential District (proposed 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.
(B) Uses permitted. No building or structure or part thereof shall be erected, altered or used, or land or water used, in whole or in part, for other than the following specified use:
(1) One-family dwelling.
(C) Building site area.
(a) Sixty (60) feet in width and six thousand (6,000) square feet in area.
(b) On a single lot of record subdivided and recorded prior to the sixth day of August, 1958 or that had been modified in size or shape only as the result of a public infrastructure project, with an area or width less than the above described minimum, a single-family dwelling may be erected subject to the following:
i. The owner of the lot or parcel does not have or share, and has not had or shared within one year, any ownership interest in any abutting lot or parcel that would, if combined with the lot in question, create a building site that meets the standards of subsection (a). This provision does not apply to lots in the community redevelopment area, and
ii. The proposed structure shall comply with all applicable regulations of this Code;
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.
Land Use Implementation - Section 3. Zoning as to Permitted Uses and Densities
3.01: City zoning as to permitted uses and densities must be in compliance with or be more restrictive than the requirements of the Land Use Plan. For purposes of this section “more restrictive” means zoning which permits less than all of the uses permitted by the Land Use Plan on a parcel of land, or, for a parcel of land designated residential by the Land Use Plan Map, a lower residential density than permitted by the Land Use Plan.
Findings:
The proposed rezoning from PCC-2, Planned Business Center District to an R-1 Single Family Residential District to allow for the construction of a single-family home is consistent with the Low-Medium Density Residential (LM) residential designation of the Future Land Use Map. The proposed rezoning would comply with the Comprehensive Plan. Future development with a single family dwelling is also consistent with the existing residential trend of development to the east and west of the subject property. Furthermore, the existing platted lot meets the requirements of the R-1 Single Family Residential District.