Lauren Pruss, AICP

Assistant Director of Community and Economic Development

Peter Schwarz, AICP

Director of Community and Economic Development

Case #CD22-22RZ “New Greenleaf Park”

Issue Statement:

The City of Oakland Park has filed an application to rezone the property located at 1300 NE 38 Street from R-1 Single Family Residential District to OS, Open Space District to allow the development of a park. Parks are not a permitted use in the R-1 zone.  As part of the Development Agreement for the Horizon project, the City agreed to rezone this property to facilitate the development of the relocated park that is currently located at 3650 NE 12 Street (City Hall property) that will be redeveloped pursuant to the Development Agreement. Parks are a permitted use in the OS, Open Space District.

Recommended Action:

The Planning and Zoning Board recommend that the City Commission approve the rezoning of this site from R-1, Single Family Residential District to OS, Open Space District.

Neighborhood Participation Meeting:

The Neighborhood Participation Meeting was held 8/25/22.

Property Description:

The subject property contains 37,113 square feet (0.85 acres) with frontage on NE 38 Street, NE 13 Avenue, and NE 37 Street. The subject property contains the buildings and grounds of the former Omega Church and is surrounded by a mix of residential uses, a parking lot to the west, and a place of worship to the north. The City Hall and Library campus lies to the southeast of the site across NE 13 Avenue.

The City has agreed for the Falcone Group to develop the subject property with a park in accordance with a Development Agreement to facilitate the redevelopment of the City Hall campus. Through this request, the 37,113 square foot site will be rezoned to the OS, Open Space District. Parks are a permitted use in the OS District, and future development of the site will be approved pursuant to Site Plan approval by the Development Review Committee at a later date.

Applicable Codes:

City of Oakland Park, Land Development Code

§ 24-29 - R-1: Single Family Residential District (existing 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.

§ 24-45 - OS: Open Space District (proposed Zoning 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:

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 to OS, Open Space District is consistent with the L5 residential designation 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 current R-1 District, but are permitted in the OS, Open Space District.