Alex Dambach, AICP

Planning Supervisor

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” - An Ordinance on first reading amending the City of Oakland Park Land Development Code providing regulations for the downtown areas of Oakland Park by replacing Article XX “Downtown Mixed Use District,” sections 24-254 through 24-284, in its entirety with a new Article XX “Oakland Park Downtown Development District (OP3D),” which includes land development regulations and zoning requirements for properties within the Oakland Park Local Activity Center future land use designation.

Issue Statement: The current downtown land development and zoning regulations have proven to be unconducive to redevelopment efforts within the City’s downtown. Adopted in 2004 with the creation of the Local Activity Center, the Downtown Mixed Use District and its zoning subareas and regulations have proven to be onerous and difficult to navigate. Particularly, the arrangement and interaction of the seven designated subareas has not provided the separation of uses and desired context needed to create a multi-modal, thriving downtown that supports the vision and desires of the community.

Recommended Action: The City Commission conduct a public hearing and adopt on first reading the proposed ordinance to amend the Land Development Code to provide regulations for the downtown areas of Oakland Park by replacing Article XX “Downtown Mixed Use District,” sections 24-254 through 24-284, in its entirety with a new Article XX “Oakland Park Downtown Development District (OP3D)," which includes land development regulations and zoning requirements for properties within the Oakland Park Local Activity Center future land use designation area.

Background: In 2018, the City of Oakland Park commissioned a comprehensive review of the City’s Downtown, including land use, zoning, development regulations, design guidelines, landscaping, parking, and transportation. The result of this effort indicates that redevelopment of the area depends upon the creation and implementation of 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, as well as conducted Community input meetings, who provided guidance to Staff and the City’s design professionals in developing the proposed Land Development Code updates.              

Other actions items related to the OP3D adoption: 

Expansion of Downtown Boundaries:

• Step 1: Land Use Plan Amendment for the Expansion of the Downtown Boundaries (approved on first reading March 17, 2021)
• Step 2: County and State Review (currently in process)
• Step 3: Approval of Land Use Plan Amendment.
• Step 4: Rezoning of all the properties within the new expanded downtown area.

 Current Downtown Boundaries:

• Step 1: Text Amendment to Downtown Regulations (Current Item)
• Step 2: Rezoning of all the properties within the downtown area of Oakland Park that will be subject to this text amendment.
• Step 3: Resolution adopting Downtown Design Guidelines.

Description: The area that is subject to the proposed zoning text is generally bound on the north by NE 42 Street (extended), on the east by NE 13 Avenue, on the south by Oakland Park Boulevard, and on the west by NE 10 Avenue It consists of approximately 750 properties and approximately 148.2 acres.

Future Land Use:  The area to be rezoned is designated by the Future Land Use Map as "Local Activity Center" by the Comprehensive Plan.

Outreach and Notification: Since the project's inception in late 2018, there have been numerous presentations, workshops and public meetings related to the OP3D project:

2018:

• November 7th -City Commission award of contract to Zyscovich to Review Downtown Code and Design Guidelines 

2019:

• March 3rd - Community Meeting
• March 13th - Downtown Stakeholder Group
• June 17th - Downtown Stakeholder Group
• October 25th - Downtown Stakeholder Group
• December - Individual Commissioner Meetings

2020:

• January 28th - COPNA Presentation
• May 6th - City Commission Presentation
•  July 28th - COPNA Presentation
•  October 7th - City Commission Presentation
•  October 12th - Planning and Zoning Board Presentation
•  October 13th - Downtown Partners Presentation

2021

• January 6th - City Commission Presentation
• January/February - Individual Commissioner Meetings
•  February 9th - Downtown Partners Presentation
• February 11th - Community Meeting
•  March 8th - Planning and Zoning Board Public Hearing for Land Use Plan Amendment*
• March 17th - City Commission Public Hearing for Land Use Plan Amendment*
• June 7th - Planning and Zoning Board Public Hearing for Land Development Code Text Amendment and Rezoning*

*Public hearing with 10 day advance notification to all property owners within 750 feet of the downtown and publication of a 1/4 page public notice in the Sun-Sentinel 

Planning and Zoning Board: The item was considered by the Planning and Zoning Board at their June 7, 2021 public hearing, and recommended approval of the item by a vote of 3 to 2.

The City engaged the services of the Zyscovich firm in order to study the existing conditions and develop recommendations to improve multi-modal connectivity; enhance residential opportunities; and maximize the Local Activity Center's location and inherent features to encourage smart and sustainable development within the Downtown. The City conducted extensive studies on the level of development activity that has occurred in the Downtown area, as well as, its potential for redevelopment and commissioned specialists in architecture, urban design, transportation, and urban planning finding that the Comprehensive Plan Land Use designations and policies for the area needing updating.

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

The Zyscovich Team and Planning staff made these items a priority and has addressed each of these goals by incorporating the following into the ordinance:

Protection of neighborhood quality of life is being achieved through a careful analysis of the existing neighborhoods and incorporation of additional safeguards. For instance, the Intown Neighborhoods subarea will be restricted to a maximum of three stories at 36 feet, with additional requirements to step-back buildings above the second floor to create less massing along the edges of the neighborhoods, especially adjacent to our lower-density residential neighborhoods outside of the downtown. Specific attention to particular uses in each of the zoning subareas and particular attention to each area’s context is provided for in the ordinance.

The ordinance goes above the established goal that no reduction of greenspace and amenities occur. The proposed ordinance increases required open space and landscaping in all development and redevelopment projects, and further defines and clarifies open space to ensure that required development components, such as drainage or pervious areas, are not the only areas provided for.

The intended goal of supporting sustainable economic development is accounted for within the ordinance by ensuring that the tools necessary for a strong business presence in the downtown is accommodated. Specific language supporting the proper location of businesses along the downtown’s corridors is included, as are streamlined regulations that reduces the development review process and improves predictability for small business owners.

Regarding the goal that the proposed ordinance promote long-term economic investment for the City, the proposed ordinance includes several improvements that achieve this goal. The proposed ordinance facilitates development of existing lots for infill redevelopment projects, while creating opportunities for larger-scale developments as well. The ordinance adds urban design and site layout standards to protect property values and support effective land use. All of the proposed updates considered the existing and projected economic environment. These improvements work in concert to provide better economic opportunities for the downtown property owners and entrepreneurs. 

This effort resulted in the proposed update to the current Downtown Mixed Use District. The current regulations, which have been in place since the establishment of the Local Activity Center in 2004, have not been as effective as intended, and are proposed to be replaced with this updated zoning district and its subareas through this text amendment. The language of Article XX the Land Development Code is to be repealed and replaced in its entirety and with a new Article XX, titled, “Oakland Park Downtown Development District (OP3D) Regulations.” The existing Sections 24-254 through 24-284 will be replaced in their entirety with new sections. This process will amend the zoning for the area currently designated as Local Activity Center.  In the future, after the proposed amendment to the Future Land Use Map is finalized, an additional zoning amendment will be provided for the expanded area.  The purpose of each proposed subarea now proposed as a zoning regulation is described as follows:

1.     The Downtown Core (DC) East and Downtown Core West subareas are designated as the center of the Oakland Park Downtown Development District. Downtown Core is intended to portray the desired context of downtown Oakland Park and be its main destination with high quality building design, a mix of uses including ground floor active uses to appeal to both locals and visitors.

2.      The Intown Neighborhoods (IN) subarea is a transitional, moderate density residential area to buffer the residential areas surrounding downtown Oakland Park with the higher density Downtown Core subareas.

3.      The Warehouse Flex (WF) subarea will provide a transition from the railroad corridor and existing industrial uses to the residential, mixed use, and commercial areas with adapted and renovated building stock, warehouse style buildings, and large, working storefronts. This area is intended to appeal to emerging artists and individuals seeking atypical housing choices, and it will include existing and new light industrial uses, artist studios, and creative offices.

4.     The North End Townhomes (NET) subarea encompasses an existing townhome neighborhood approved in 2013. Standards provided for this section permit the continuation of this existing development’s physical layout and provide for regulations for future construction such as additions or building replacements.

Regulation Information:

Height & Stepbacks: Overall the OP3D will include consistent height regulations.  These are presented in a map format in the Ordinance.  These regulations are based on a balance between current allowable height, best practices for downtown development, and the desire to preserve the character of surrounding neighborhoods.  Throughout the district the by-right height limit will continue to be limited to three stories, except in the North End Townhomes subarea and along areas of transition with adjoining residential districts where stepbacks are to be required above the second story. 

Additional height in OP3D will be regulated through the Bonus Provisions Program, where a developer is required to provide public benefits acceptable to the City Commission for the privilege of building above the three story limit. Affordable Housing and Sustainability Elements have been incorporated as amenities for consideration under this program.  The additional building height permitted varies based on the specific regulations of the subarea. The height map will show what height maximums will be possible if public benefits were provided and approved by the City Commission. Generally, the taller buildings will be located along Dixie Highway and NE 12 Avenue in the central area of the downtown, where the maximum height will be six stories. Bonus heights at the northern end of the downtown will be limited to five stories, with the two story maximum in the North End Townhomes subarea. At the edges of the downtown near existing residential areas, the maximum limit will be three stories, with areas along the edges including NE 13 Avenue, required to provide stepbacks above two stories. These areas within the Intown Neighborhoods subarea are not subject to the Bonus Provisions Program, and are limited to a maximum of three stories.   

Parking: Parking requirements are similar to those currently provided in the existing regulations for residential, live-work, warehouse, and manufacturing uses. For commercial uses, an adjustment is proposed from a suburban-style standard to a more downtown-appropriate standard considering that downtown properties use less land and that parking standards should encourage biking and walking between residences, shared parking areas, and commercial businesses. Accordingly, the standard is to become one parking space per 350 square feet of floor area, which is adjusted slightly from the existing standard of one space per 250 square feet of floor area.

Setbacks: Adjustments are proposed from current standards to provide for construction of  “main street” type buildings without gaps between them. As such, existing requirements for side yards are removed for the commercial and mixed-use supportive subareas.  Front setbacks are designed in a manner to create a unified frontage along the major roadways and to accommodate the overriding requirements of the Broward County Trafficways Plan, which regulates right-of-way for Dixie Highway and Oakland Park Boulevard. Residential neighborhoods at the east and west borders of the Downtown will continue to require side yards.

Form Based Code:  The new Code regulations focus on the form of the building, not a mere guideline, adopted into city, town, or county law.   Form-based codes address the relationship between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks. The regulations and standards in form-based codes are presented in both words and clearly drawn diagrams and other visuals. They are keyed to a regulating plan that designates the appropriate form and scale (and therefore, character) of development, rather than only distinctions in land-use types.

Floor Area Ratio (FAR) is being incorporated into the downtown as a tool to achieve form based code such that the maximum square footage of a building will be based on the building site’s lot area. FAR is expressed as a multiplier ranging from 0.25 in the North End Townhomes subarea to 2.0, with use of the Bonus Provisions Program, in the Downtown Core East and Downtown Core West subareas. Limits are also placed on residential density with standards that were developed based on sound planning principles and actual projects that have been approved or proposed for the area. The by-right density is expressed as dwelling units per acre and will range from 12 to 65 depending on its location and subarea of the OP3D. 

Urban Design: Because a downtown depends on quality urban design including architecture, landscaping, street furniture, signage, and other design details, specific attention to these design factors were extensively reviewed and considered. A comprehensive Design Standards document continues to be developed and will be brought forward in the future. The OP3D Design Standards referenced in this Ordinance will provide requirements and additional guidance for the development community on what design features and standards are expected and are based on what has been found to work in other successful downtowns.

Permitted Uses: The permitted uses in each subarea have been adapted from the existing Downtown Mixed Use District's permitted use list with adjustments for OP3D locations. A thorough review of business uses and types was undertaken, and consideration of each determined whether the use is to be permitted, allowed through a conditional use process, or prohibited. 

Development Review Process: The existing Downtown Mixed Use District contains several requirements for multi-step review and approval processes for use of existing buildings and for new construction that take more time, have less predictability, and are more costly than project review in other areas of the City. Some of these existing processes are ambiguously explained creating opportunities for inconsistent application of required processes for businesses.  Proposed is a more streamlined review process based on project intensity that is presented in a tabular format for legibility. It aligns the development review processes with those used in other areas of the City while providing for expedited design review for exterior changes to buildings.

Section by Section Comparison Summary: This ordinance will replace the Downtown Mixed Use District, in its entirety. Below is a comparison of each section of Article XX and how it changes from the Downtown Mixed Use District to the 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.