The City has planned capital improvements for Carter G. Woodson Park:
Phase 1: Community garden (complete)
Phase 2: Basketball court improvements including bleachers, and concrete walkways.
Phase 3: Playground improvements consisting of new playground equipment, a shade structure, a rubberized surface, fitness equipment, a barbecue grill replacement, and a water fountain replacement.
Phase 4: Parking lot and drainage improvements including new fences and gates, irrigation modifications, lighting improvements, and sidewalks.
Some of these planned improvements are within the portions of the site located in the R-1, Single Family Residential District and cannot be completed without rezoning the site to OS, Open Space.
Future Land Use Map Designation:
Low Density Residential (L5) (up to 5 du/ac), and Parks/Recreation (PR).
Applicable Codes:
City of Oakland Park, Land Development Code:
Section 24-29 - R-1: Single Family Residential 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.
Section 24-45 - OS: Open Space District
(A) Purpose. To accommodate and preserve the public open space and recreational uses need to serve the residents of the area.
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.
3.02: City zoning as to permitted uses and densities shall be in compliance with the City’s Land Use Plan if the following requirements are met:
A. Each parcel of land within an area which is designated in a Residential Land Use category by the Land Use Plan must be zoned in a zoning district which permits any one or more of the following uses, but not other uses:
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3. Parks, golf courses and other outdoor recreational facilities and recreational, civic or cultural buildings ancillary to the primary outdoor recreational use of the site.
Findings:
The proposed rezoning from R-1, Single Family Residential District and OS, Open Space District to OS, Open Space District is consistent with both the Parks/Recreation (PR) and the Low Density Residential (L5) future land use designations of the Future Land Use Map as Section 3.02 of the Land Use Implementation element states that parks and other outdoor recreational facilities and ancillary buildings are permitted on property with a residential land use designation. Furthermore, parks are not a permitted use in the R-1 District, but are permitted in the OS, Open Space District.