(A)

Purpose. To permit larger tracts of land under unified control to be planned and developed as a whole (as a single operation or an approved series of operations) with a greater amount of flexibility by removing some of the detailed restrictions of conventional zoning. Planned unit developments are recognized as serving the public interest and are encouraged because they:

(1)

Allow diversification of uses, structures and open spaces when not in conflict with existing and permitted land uses on abutting properties;

(2)

Reduce improvement costs through a more efficient use of land and a smaller network of utilities and streets than is possible through application of standards contained in conventional land development regulations;

(3)

Conserve the natural amenities of the land by encouraging the preservation and improvement of scenic and functional open space;

(4)

Provide maximum opportunity for application of innovative site planning concepts to the creation of aesthetically pleasing environments for living on properties of adequate size, shape and location;

(5)

Insure that development will occur according to limitations of land use, site design, population density, building coverage, improvement standards and construction phasing authorized through the approval of a master development plan;

(6)

Insure that development will occur within the guidelines and intent of the Oakland Park Comprehensive Plan. Planned unit developments are equally adaptable to new development, redevelopment and conservation of land, water and other city resources.

(B)

Definition. A planned unit development is land under unified control, planned and developed as a whole in a single development operation or an approved programmed series of development operations for dwelling units and related uses and facilities. It may include principal and accessory uses and structures substantially related to the character of the development itself and the surrounding area of which it is a part.

(C)

Unified control. All land included for the purpose of development within a planned unit development district shall be under the control of the applicant (an individual, partnership or corporation, or group of individuals, partnerships or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed planned unit development which shall be certified by the zoning department.

(D)

Signed agreement.

(1)

The applicant shall agree in writing to proceed with the proposed development according to the provisions of these regulations and conditions attached to the rezoning of the land to planned unit development; and

(2)

To provide agreements, contracts, covenants, deed restrictions and sureties acceptable to the city for completion of the development according to the plans approved at the time of rezoning to planned unit development and for continuing operation and maintenance of such areas, functions and facilities which are not proposed to be provided, operated or maintained at public expense; and

(3)

To bind their successors in title to any commitments made under the above. All agreements and evidence of unified control shall be examined by the planning and zoning board, and no rezoning of land to planned unit development classification shall be adopted without a certification by the zoning department that such agreements and evidence on unified control meet the requirements of these regulations; and

(4)

If the developer elects to administer common open space through an association or nonprofit corporation, said organization shall conform to the applicable laws of the State of Florida.

(E)

Permitted uses. The uses permitted in a planned unit development must be consistent with the permitted uses in the residential categories in the Oakland Park Land Use Element as further restricted in this chapter.

(1)

Requirements for business uses in a planned unit development:

(a)

No more than five (5) percent of the total land area may be used for business uses and no one contiguous business area shall exceed ten (10) acres.

(b)

The business uses in a planned unit development are restricted to the uses permitted in the city's Neighborhood Business (NB) Zoning District.

(c)

Business uses located in a planned unit development are intended to meet the neighborhood shopping and service needs of the planned unit development and not the general needs of a surrounding area. Such uses shall be grouped in convenience centers designed as integral, harmonious parts of the planned unit development, appropriately buffered and screened from residential uses (whether within or without the planned unit development) to protect them from unsightliness, noise, odors and other characteristics incompatible with residential uses. A convenience center should rarely exceed five (5) acres in size (including buffering, building and parking). It should be pedestrian oriented and accessible to walkways and bicycle paths. The center should consist of neighborhood shopping and personal services consistent with the daily needs of the planned unit development. All business uses located in the convenience center shall be internally oriented and should be designed so that no store fronts, store signs or advertisements are visible from residential areas and that all commercial activities, storage of merchandise, equipment and materials (including trash and waste) are within an enclosed building, except for live plants that are accessory to a nursery or garden supply facility.

(d)

Signs for commercial use in a planned unit development shall meet the requirements of article XI.

(2)

In a planned unit development district, community residences shall be regulated as follows according to the corresponding land use categories of the Future Land Use Map of the City of Oakland Park:

(a)

In the Low Density Residential (L5) category, community residences shall be regulated as provided in section 24-29(B) and section 24-29(B.1) of this Code.

(b)

In the Low-Medium Density Residential (LM) category, community residences shall be regulated as provided in section 24-29(B) and section 24-29(B.1) of this Code.

(c)

In the Medium Density Residential (M) category, community residences shall be regulated as provided in section 24-32(B) and section 24-32(B.1) of this Code.

(d)

In the Medium-High Density Residential (MH) category, community residences shall be regulated as provided in section 24-32(B) and section 24-32(B.1) of this Code.

(e)

In the Commercial (C) category, community residences shall be regulated as provided in section 24-41 of this Code.

(f)

In the Community Facilities (CF) category, community residences shall be regulated as provided in Section 24-44(C) of this Code.

(g)

In the Irregular Density category, family community residences shall be regulated as provided in section 24-29(B) and section 24-29(B.1) of this Code and transitional community residences shall be permitted only in multifamily housing and regulated as provided in section 24-32(B) and section 24-32(B.1) of this Code.

(3)

In a planned unit district, recovery communities shall be regulated as follows according to the corresponding land use categories of the Future Land Use Map of the City of Oakland Park:

(a)

In the Low Density Residential (L5) category, recovery communities shall not be permitted.

(b)

In the Low-Medium Density Residential (LM) category, recovery communities shall not be permitted.

(c)

In the Medium Density Residential (M) category, recovery communities shall be regulated as provided in section 24-32(B) and section 24-32(B.1) of this Code.

(d)

In the Medium-High Density Residential (MH) category, recovery communities shall be regulated as provided in section 24-32(B) and section 24-32(B.1) of this Code.

(e)

In the Commercial (C) category, recovery communities shall be regulated as provided in section 24-41 of this Code.

(f)

In the Community Facilities (CF) category, recovery communities shall be regulated as provided in section 24-44(C) of this Code.

(g)

In the Irregular Density category, recovery communities shall be permitted only in multifamily housing and regulated as provided in section 24-32(B) and section 24-32(B.1) of this Code.

(F)

Land use and design regulations.

(1)

Minimum size of planned unit development: All planned unit developments shall contain a minimum of ten (10) acres of contiguous land unless the planning and zoning board finds that a tract which contains less than ten (10) acres is suitable as a planned unit development by virtue of some unusual conditions. This minimum may be waived by the city commission upon the recommendation of the planning and zoning board.

(2)

Maximum density: The total number of dwelling units permitted in a planned unit development shall not exceed the total number of units permitted by; the Oakland Park Future Land Use Map for the subject area.

(3)

Minimum lot area, distance between structures, frontage and setbacks:

(a)

No minimum lot size shall be required within a planned unit development.

(b)

No minimum distance between structures shall be required within a planned unit development. The appropriate distance between structures shall be evaluated on an individual development basis, after considering the type of character of the current structure types within a development by the city commission upon recommendation of the planning and zoning board.

(c)

Each dwelling unit or other permitted use shall have access to a public street either directly or indirectly via an approach, private road, pedestrian way, court or other area dedicated to public or private use of common easement guaranteeing access. Permitted uses are not required to front on a dedicated road. The city shall be allowed access on privately owned roads, easements and common open space to insure the police and fire protection of the area, to meet emergency needs, to conduct city services and to generally insure the health and safety of the residents of the planned unit development.

(d)

There are no required setbacks or yards except the following:

1.

Internal streets: There shall be a setback of not less than twenty-five (25) feet in depth abutting all public road rights-of-way within a planned unit development district.

2.

External streets or boundaries: There shall be a peripheral landscaped setback from boundary lines of the planned unit development of not less than twenty-five (25) feet in depth.

(4)

Maximum length of structures: No maximum length of structures shall be required within a planned unit development district.

(5)

Maximum height of structures: No maximum height of structures shall be required within a planned unit development. The city commission upon recommendation of the planning and zoning board shall determine the appropriate height limitations on an individual development basis after considering the character of the surrounding area, the character of the proposed development, and the goals for community development as stated in the Oakland Park Comprehensive Plan.

(6)

Minimum floor area requirements: The minimum floor area per dwelling unit shall be as follows:

(7)

Building site coverage:

(a)

The combined ground area occupied by all principal and accessory buildings shall not exceed the following:

(b)

Where buildings of different height are to be constructed on the same building site the combined ground area occupied by all principal and accessory buildings shall not exceed the weighted average of the applicable building site coverages indicated in (a) above.

(c)

If the developer/applicant demonstrates to the satisfaction of the city that greater building site coverage is desirable due to the character of the proposed development, the character of the area surrounding the proposed development, and the city goals and objectives for growth and development, the city may allow greater building site coverage than that permitted above.

(8)

Off-street parking and loading requirements: Off-street parking and loading requirements shall meet all the requirements of article VI, except as provided in this section.

(a)

If the developer/applicant demonstrates to the satisfaction of the city that fewer parking spaces are required to adequately serve the residential units within the proposed development, the city may require a minimum of one and one-half (1½) parking spaces per unit. The remaining one-half (½) parking space per unit shall be provided in adequately drained grassed areas that shall not be counted towards meeting the required open space standards of this chapter. Grass to be utilized in said areas must be of a durable nature and approved by the appropriate city personnel. The grassed area should be clearly designated as the parking area and meet all provisions of article VI. If at such time the city manager upon recommendation from the planner and code enforcement officer determines that additional parking is required due to the excessive use of the grassed areas, the developer shall pave the set aside area in accordance with city regulations.

(9)

Landscaping:

(a)

All landscaping shall meet the requirements of article VIII.

(b)

Landscaping should be related to the general landscaping for the planned unit development, practical and aesthetically functional. Planting material should be used to accomplish the desired objectives of the planned unit development (defining and intensifying spaces and routes of movement, identifying space), be native to South Florida, and functionally appropriate for shade, shelter, height and mass, texture, color and form. Major areas should have distinctive planting schemes using unique type trees, ground cover, and paving to give identity to these areas.

(c)

All undesirable exotic vegetation, including melaleuca, Brazilian pepper, Australian pine or other vegetation deemed undesirable by the Broward County Urban Forester, shall be removed by the applicant according to a schedule approved by the city. However, the city may allow certain undesirable exotic vegetation to remain at the request of the applicant for good cause.

(10)

Underground utilities: Within the planned unit development, all utilities including telephone, television cable and electrical systems shall be installed underground.

Primary facilities providing service to the site may be exempted from this requirement. Large transformers shall be placed on the ground and contained within pad mounts, enclosures or vaults. The developer shall provide adequate landscaping with shrubs and plants to screen all utility facilities permitted aboveground.

(11)

Open space requirements: A planned unit development shall provide and maintain open space at least equal to thirty-five (35) percent of the gross area of the planned unit development exclusive of lakes, lagoons or other waterways. In calculating open space, land areas for structures, public and private street rights-of-way, driveways, off-street parking and loading zones, alleys, fire protection vehicular access and yards and spaces between single-family residential buildings shall not be included. Depending upon the characteristics of a planned unit development, the city may allow credit for lakes, lagoons or other waterways, such credit not to exceed forty (40) percent of the required open space. The required open space shall be designed for both active and passive recreational needs acceptable to the city. In planning active recreational facilities consideration should be given for the inclusion of swimming pools, tennis courts, baseball fields, playgrounds, tot lots, etc.

(12)

Internal circulation: An internal pedestrian and bicycle circulation system shall be provided within the planned unit development separate from each other and from vehicular circulation systems and at a distance sufficient to ensure safety. Such pedestrian and bicycle ways shall be surfaced with a durable and dustless material. The city may waive this requirement at the request of the applicant for design, safety or other good reasons.

(13)

Energy conservation: A planned unit development shall incorporate passive energy conservation measures in its site design in accordance with Chapter 13, Florida Building Code. Such measures shall include, but need not be limited to, the directional orientation of buildings, the location of windows, minimization of radiant heat absorption and the inclusion of energy-efficient landscaping.

(14)

Professional services required: Any plans submitted as a part of a petition for a planned unit development shall certify that the services of competent professionals were utilized in the designing or planning process and shall state their names and businesses and addresses. Plans submitted as part of a petition for a planned unit development must be prepared by either a planner who by reason of his education and experience is qualified to become or is a full member of the American Institute of Certified Planners, or an architect licensed by the State of Florida, together with a professional engineer registered by the State of Florida and trained in the field of civil engineering, and/or a land surveyor registered by the State of Florida.

(G)

Procedures and requirements for rezoning to a planned unit development.

(1)

Application: An application for a rezoning to planned unit development shall be made only by the owner of the subject property and processed in the same manner as other applications for rezoning of land except as otherwise provided in this chapter. The City of Oakland Park may not through any board or legal representative, initiate an application or require an application to be submitted by an owner of property to have the property zoned to a planned unit development unless the City of Oakland Park is the owner of the subject property.

(2)

Application and filing fees:

(a)

New applications or applications for major changes to a previously approved master development plan shall be submitted as provided in section 24-166(B). See the Land Development Fee Schedule for the required fee.

(b)

A filing as specified in the city land development fee schedule shall accompany each request for a minor or intermediate revision to a previously approved master development plan; see (I) of this section.

(H)

Master development plan requirements.

(1)

A master development plan shall accompany an application for rezoning to planned unit development and shall contain the following information:

(a)

Title of the project and the name(s) of the professionals preparing the submission and the developer/applicant.

(b)

Scale, date, north arrow and general location map.

(c)

Boundaries of the property involved, all existing streets, buildings, watercourses, easements, section lines and other existing important physical features in and adjoining the property, as shown on a suitable current aerial photograph.

(d)

Plan locations of the different uses proposed by dwelling types, open space designations, recreational facilities, commercial uses, other permitted uses and major pedestrian and vehicular circulation patterns. The developer/applicant shall provide eight and one-half-inch by fourteen-inch reproductions of the proposed site plan which shall become a part of and attached to the ordinance rezoning the subject property to a planned unit development.

(e)

Tabulations of total gross acreage in the planned unit development and the percentages thereof proposed to be devoted to the several dwelling types, other permitted uses, open spaces, recreational facilities, streets, parks, schools and other reservations.

(f)

Tabulation of gross density by dwelling types and the overall estimated population.

(g)

Tabulation of floor area by building type and height and as a percent of total floor area.

(h)

Tabulation of ground cover by building type and height, number of buildings by building type and height, total building site area, building site coverage.

(i)

Depiction of the water and wastewater treatment facilities and/or source of public water and wastewater disposal facilities. General distribution plan within the development including easements for utility pipe lines.

(j)

Typical landscaping plan showing typical landscaping for housing areas, streets, open space, canal areas, buffer strips, recreational and other areas.

(k)

Typical elevations of housing, recreation and commercial buildings.

(l)

General grading, paving and drainage plan.

(m)

Number of vehicle trips expected to be generated from the project. Streets and arterial roadways expected to carry most project traffic. Expected levels of service on these streets and arterials at project completion both with and without project traffic.

(n)

Schools which are expected to be affected by the project. Estimated number of pupils from the project expected to attend each school. For assistance, the applicant may refer to the Broward County School Board, Department of Pupil Accounting and Site Planning.

(o)

Areas proposed to be conveyed, dedicated or reserved for public streets, parks, parkways, playgrounds, school sites, public buildings and similar public and semi-public uses.

(p)

A phasing plan which includes an appropriate timetable for development, including open space, if the development is to be platted or constructed in phases.

(q)

A discussion of the passive energy conservation measures incorporated into site design as required by this section in (F)(13).

In addition, the planning and zoning board or city commission may require additional material such as plans, maps and studies which are needed to make findings and determinations that the applicable standards and guidelines have been fully met.

(2)

Staff review: Prior to the public hearing before the planning and zoning board, the staff of the various city departments concerned with development shall review the application for rezoning to planned unit development for adherence to all applicable requirements. As a result of this review, the applicant may choose to revise the master development plan prior to the public hearing before the planning and zoning board. A revision of this nature shall be permitted at no expense to the developer.

(3)

Consideration by the planning and zoning board: After the public hearing for rezoning to planned unit development, the planning and zoning board shall make its recommendations to the city commission. In making its recommendation, the planning and zoning board shall evaluate whether the plans, maps and documents submitted by the applicant and presented at the public hearing, do or do not meet all the requirements of this chapter and all other applicable city ordinances. The board shall also evaluate the suitability of the proposed development in terms of its relationship to the comprehensive plan, and the area surrounding the proposed development, and to what extent the development is consistent with adopted goals and objectives for growth and development.

(4)

Consideration by the city commission: Upon the receipt of the recommendations of the planning and zoning board, the city commission shall schedule and conduct a public hearing to consider the rezoning petition in accordance with normal rezoning procedures. The city commission shall evaluate the proposed development in the same manner as required of the planning and zoning board.

(5)

Conditions and stipulations: In granting approval for a planned unit development, the planning and zoning board may recommend and the city commission may attach reasonable conditions, safeguards and stipulations made at the time of approval, which shall be binding upon the applicant or any successors in interest.

(I)

Conformance to approved master development plan.

(1)

Permits: After rezoning to planned unit development district, no permits shall be issued by the city and no development shall commence unless in conformance with the approved master development plan, unless a change or deviation is approved.

(2)

Minor change: The city manager, after receiving staff recommendations, may approve "minor" changes and deviations from the approved master development plan which are in compliance with the provisions and intent of this chapter, and which do not depart from the principal concept of the approved master development plan. All other requested changes and deviations shall be referred to the city commission.

(3)

Intermediate change: The city commission may at the request of the owner, without requiring a new application, authorize "intermediate" changes to approved master development plans that pertain to location, types and configuration of buildings, landscaping and similar changes when the full character and intent of the approved master plan is not violated. This can be done without a public hearing and full application.

(4)

Substantial change: The city commission may determine that requested changes and deviations from an approved master development plan constitute a substantial alteration to the character of the development and thus require that the requested changes be subject to the same procedures as required for new applications. Substantial changes would include alteration of the total density or commercial land use.

(J)

Failure to begin planned unit development. If no construction has begun or development taken place within eighteen (18) months from the time of rezoning as set out in an affidavit by the proper building official, the city commission may initiate a rezoning petition for the property to an appropriate zoning classification which will comply with the Future Land Use Map. An extension may be granted up to an additional eighteen (18) months by adoption of a resolution by the city commission upon written request.

(K)

Issuance of building permits. No building permit shall be issued except in conformity with all provisions of the rezoning to planned unit development and plans submitted and approved under these regulations.

(Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-92-17, § 3, 8-19-92; Ord. No. O-97-14, § 8, 11-19-97; Ord. No. O-2003-001, § 10, 2-19-03; Ord. No. O-2020-004, § 2, 2-19-20)

(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.

(B)

Planned Office Center permitted uses.

(1)

At least seventy-five (75) percent of the total gross floor area of all buildings in the lot or parcel must be used for:

(a)

Offices for business, professional and administrative uses.

(b)

Banks and financial institutions.

(c)

Laboratories for scientific, educational, and industrial research and development (located in an area designated commercial or industrial on the Oakland Park Land Use Map).

(d)

Medical and dental laboratories; hospitals and clinics.

(e)

Community facilities, public, including governmental administration, fire stations, post offices, libraries, museums, community centers and courts.

(f)

Colleges, universities and schools, public or private, if approved as a conditional use.

(g)

Day care centers.

(h)

Broadcasting facilities for radio and television, except for freestanding broadcasting towers.

(i)

Utilities, public or private, except for sanitary landfills, refuse and trash dumps.

(2)

No more than twenty-five (25) percent of the total gross floor area of all buildings in the lot or parcel may be used for retail sales, personal service, and residential uses, as provided below:

(a)

Retail sales and personal service uses as permitted in the B-1 Zoning District.

(b)

Residential uses are limited to thirty-five (35) units per gross acre.

(c)

Notwithstanding the above, the city commission after consideration by the planning and zoning board may permit up to fifty (50) percent of the total gross floor area of all buildings in the lot or parcel to be used for retail sales, personal services, and residential uses as provided above.

(d)

In a planned office center, community residences shall be regulated as follows according to the corresponding land use categories of the Future Land Use Map of the City of Oakland Park:

(i)

In the Low Density Residential (L5) category, community residences shall be regulated as provided in section 24-29(B) and section 24-29(B.1) of this Code.

(ii)

In the Low-Medium Density Residential (LM) category, community residences shall be regulated as provided in section 24-29(B) and section 24-29(B.1) of this Code.

(iii)

In the Medium Density Residential (M) category, community residences shall be regulated as provided in section 24-32(B) and section 24-32(B.1) of this Code.

(iv)

In the Medium-High Density Residential (MH) category, community residences shall be regulated as provided in section 24-32(B) and section 24-32(B.1) of this Code.

(v)

In the Commercial (C) category, community residences shall be regulated as provided in section 24-41 of this Code.

(vi)

In the Community Facilities (CF) category, community residences shall be regulated as provided in section 24-44(C) of this Code.

(vii)

In the Irregular Density category, family community residences shall be regulated as provided in section 24-29(B) and section 24-29(B.1) of this Code and transitional community residences shall be permitted only in multifamily housing and regulated as provided in section 24-32(B) and section 24-32(B.1) of this Code.

(e)

In a planned office center, recovery communities shall be regulated as follows according to the corresponding land use categories of the Future Land Use Map of the City of Oakland Park:

(i)

In the Low Density Residential (L5) category, recovery communities shall not be permitted.

(ii)

In the Low-Medium Density Residential (LM) category, recovery communities shall not be permitted.

(iii)

In the Medium Density Residential (M) category, recovery communities shall be regulated as provided in section 24-32(B) and section 24-32(B.1) of this Code.

(iv)

In the Medium-High Density Residential (MH) category, recovery communities shall be regulated as provided in section 24-32(B) and section 24-32(B.1) of this Code.

(v)

In the Commercial (C) category, recovery communities shall be regulated as provided in section 24-41 of this Code.

(vi)

In the Community Facilities (CF) category, recovery communities shall be regulated as provided in section 24-44(C) of this Code.

(vii)

In the Irregular Density category, recovery communities shall be permitted only in multifamily housing and regulated as provided in section 24-32(B) and section 24-32(B.1) of this Code.

(3)

The restriction of the total gross floor area set forth above shall not apply to sexually oriented businesses as defined in section 24-73, provided the sexually oriented businesses are properly licensed as required by section 24-73 of the Code of Ordinances.

(C)

Planned Business Center permitted uses.

(1)

The uses permitted in the PCC-2 District are the same as those uses permitted in the B-1 Zoning District, except that colleges, universities and schools, public or private, may be permitted only as a conditional use.

(2)

Those uses first permitted in the B-2, B-3 or I-1 Zoning Districts may be permitted if approved as a conditional use.

(3)

Residential uses are limited to thirty-five (35) units per gross acre.

(D)

Planned Light Industrial Center permitted uses.

(1)

At least seventy-five (75) percent of the total gross floor area of all buildings in the lot or parcel must be used for those light industrial uses permitted in the I-1 Zoning District.

(2)

No more than twenty-five (25) percent of the total gross floor area of all buildings in the lot or parcel may be used for commercial uses as permitted in the B-1, B-2 or B-3 Zoning Districts, except that offices for doctors, dentists, podiatrists and related medical professions, and hospitals and clinics are not permitted.

(3)

Limitation of permitted uses: No operation shall be allowed which emits such quantities of dust, dirt, noise, smoke, odors, fumes, vibrations, radioactive waves or substances or abnormal explosion hazards which present a threat to the public health, welfare and safety of the residents of the surrounding area.

(4)

Notwithstanding the above, the city commission after consideration by the planning and zoning board may permit up to fifty (50) percent of the total gross floor area of all buildings in the lot or parcel to be used for commercial uses as permitted in the B-1, B-2 or B-3 Zoning Districts, except that offices for doctors, dentists, podiatrists and related medical professions, and hospitals and clinics are not permitted.

State Law reference— Licensing of sexually oriented businesses, Ch. 7, Art. X.

(E)

Building site area.

(1)

Planned commerce centers should normally not be less than ten (10) gross acres of contiguous land unless the city commission finds that a tract which contains less than ten (10) acres is suitable as a planned commerce center by virtue of some unusual conditions, to provide additional protection to surrounding residents, or because the site will nevertheless serve as a major employment center in the city. This minimum may be waived by the city commission after consideration by the planning and zoning board.

(2)

The minimum lot size should normally not be less than three (3) net acres, unless proof is provided that adequate unified control is to be exercised to satisfy the purposes of this district.

(F)

Building site coverage and green space.

(1)

Minimum of twenty-five (25) percent landscaped or pervious.

(2)

A planned commerce center shall provide a continuous, fifteen-foot wide, landscaped area around the perimeter of the property and no paving shall be allowed in this area except for necessary paving for ingress, egress, and pedestrian circulation. Provided, however, that a twenty-five-foot landscaped area shall be provided along any trafficway street or major thoroughfare. This minimum landscaped area may be waived by the city commission, after consideration by the planning and zoning board, if the applicant can demonstrate that this landscaping would be more appropriate at other locations or due to other special circumstances peculiar to the site.

(3)

Where a planned commerce center is adjacent to a residential district, whether or not separated by a street other than a trafficway street, alley or waterway, a fifteen-foot wide landscaped area shall be provided along such side. This landscaped area shall be designed with trees and other landscaping sufficient to provide adequate protection to the adjacent residential district(s). No paving shall be allowed in this area except for necessary paving for ingress, egress, and pedestrian circulation.

(4)

All right-of-way, perimeter and interior landscaping shall meet the requirements of article VIII.

(5)

Interior open space areas shall be provided and designed to create an aesthetically pleasing environment in the development.

(6)

A three-foot high berm, meeting the requirements of article VIII, as well as mass plantings, ornamental plantings or ground cover, shall also be provided along any trafficway or major thoroughfare.

(G)

Setbacks.

(1)

There shall be a setback of not less than fifteen (15) feet in depth around the perimeter of the planned commerce center, in addition to such setbacks as are required under the street widening program or the Broward County Trafficways Plan. Provided, however, that there shall be a setback of not less than twenty-five (25) feet from any arterial or urban collector street. This minimum setback may be waived by the city commission, after consideration by the planning and zoning board, if the applicant can demonstrate that this setback does not serve any valid public purpose.

(2)

There shall be a setback of not less than fifteen (15) feet in depth along any side of the planned commerce center which is adjacent to a residential district, whether or not separated by a street other than a trafficway street, alley, or waterway, in addition to such setbacks as required under the street widening program or the Broward County Trafficways Plan.

(H)

Building height limit. The maximum building height of all buildings or structures shall be four (4) stories or fifty (50) feet, whichever is less. This maximum may be waived by the city commission after consideration by the planning and zoning board if appropriate to the location and type of development proposed, as well as surrounding uses. Additional setback may be required for the granting of additional building height.

(I)

Minimum floor area.

(1)

No minimum requirements for commercial or industrial uses.

(2)

Residential uses are governed by the provisions of subsection 25-54(F)(6) of this article.

(J)

Unified control. All land included for the purpose of development within a Planned Commerce Center District shall be under the control of the applicant (an individual, partnership or corporation, or group of individuals, partnerships or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed planned commerce center, including appropriate warranty deeds. The applicant shall also agree in the site development plan to the following:

(1)

To proceed with the proposed development according to:

(a)

The provisions of these regulations,

(b)

Conditions attached to the rezoning of the land to planned commerce center and/or approval of the site plan therefor,

(c)

The site development plan.

(2)

To make provision for continuing operation, management and maintenance of such buildings, areas, functions and facilities which are not proposed to be provided, operated or maintained at public expense in an adequate and proper manner.

(3)

To bind their successors in title to any commitments made under the above.

Such site plan or an appropriate legal instrument referencing the site development plan shall be recorded in the public records of Broward County.

(K)

Rezoning and site plan approval.

(1)

Site plan: No building permit shall be issued for any improvements in a Planned Commerce Center District until such time as a site plan is approved by the city commission after consideration by the planning and zoning board following due public hearings. Such site plan shall include those elements specified in article XII, as well as typical building elevations, and may be submitted for approval either concurrent with or subsequent to rezoning. In addition, floor plans may be required in a mixed use development to assure compliance with section 24-55(B)—(D).

(2)

Conditions and stipulations: In granting approval of rezoning to planned commerce center, and/or the site plan thereof, the planning and zoning board may recommend and the city commission may attach reasonable conditions, safeguards and stipulations made at the time of approval, which shall be binding upon the applicant or any successors in interest.

(3)

Application filing fees: See land development fee schedule.

(4)

Revisions to approved site plan:

(a)

Minor change: The city manager, after receiving staff recommendations, may approve "minor" changes and deviations from the approved site plan which are in compliance with the provisions and intent of this article, and which do not depart from the principal concept of the approved site plan. All other requested changes and deviations shall be referred to the city commission.

(b)

Intermediate change: The city commission may at the request of the owner, without requiring a new application, authorize "intermediate" changes to approved site plans that pertain to location, types and configuration of buildings, landscaping and similar changes when the full character and intent of the approved master plan is not violated. This can be done without a public hearing or full application.

(c)

Substantial change: The city commission may determine that requested changes and deviations from an approved site plan constitute a substantial alteration to the character of the development and thus require that the requested changes be subject to the same procedure as required for new application. Substantial changes would include alteration of the intensities or mix of land uses.

(5)

Expiration of approved site plan: If no construction has begun or development taken place within eighteen (18) months of approval of the site plan, such site plan approval shall become null and void. An extension may be granted up to an additional eighteen (18) months by adoption of a resolution by the city commission upon written request. Any development thereafter is subject to resubmittal of a site plan in accordance with (K) above.

(l)

City-initiated rezoning. The city commission may initiate the rezoning of areas or 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 and which are appropriate for larger scale regional business or industrial parks to a Planned Commerce Center (PCC) District. Pursuant to such rezoning, the city may accept site development plans for all or a portion of the Planned Commerce Center (PCC) District provided all other requirements of this section are met.

(Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-97-14, § 9, 11-19-97; Ord. No. O-2004-021, § 3, 7-21-04; Ord. No. O-2020-004, § 2, 2-19-20; Ord. No. O-2024-013, § 2, 12-4-24)

(A)

Purpose and intent. The purpose and intent of this ordinance is to encourage mixed use and free standing multi-family development in areas with access to transit stations or stops along existing and planned transit corridors including Federal Highway, Oakland Park Boulevard and Commercial Boulevard; to promote mixed use land development patterns which achieve an aesthetic and functional pedestrian and transit compatible environment. Those commercial areas located within a Community Redevelopment Area (CRA) which are consistent with design ideals that encourage pedestrian friendly environments with enhanced public access to the city's waterways or the CRA Redevelopment Plan may also be considered for freestanding multi-family residential uses.

(B)

Locational requirements for mixed use land development projects. In order to qualify for allocation of reserve units the property shall have an underlying zoning which permits residential use and satisfy one of the following criteria: (1) the property shall abut at least one of the following transit corridors: Federal Highway, Oakland Park Boulevard or Commercial Boulevard ; or, (2) all residential dwelling units shall be located within one-quarter (¼) mile of such corridors, or (3) the project shall lie within a designated Community Redevelopment Area and be consistent with the design ideals that encourage pedestrian environments with enhanced public access to city waterways; provided however, that upon adoption of a Community Redevelopment Plan by the city, a project shall also be required to be consistent with the adopted Community Redevelopment Plan.

(C)

Permitted uses.

(1)

Commercial uses

(a)

Retail.

(b)

Office.

(c)

Personal service.

(d)

Restaurants.

(2)

Residential uses.

(a)

Multi-family uses above the first floor of a commercial establishment.

(b)

Free standing multi-family uses.

(c)

In a mixed use land development, community residences shall be regulated as follows according to the corresponding land use categories of the Future Land Use Map of the City of Oakland Park:

(i)

In the Low Density Residential (L5) category, community residences shall be regulated as provided in section 24-29(B) and section 24-29(B.1) of this Code.

(ii)

In the Low-Medium Density Residential (LM) category, community residences shall be regulated as provided in section 24-29(B) and section 24-29(B.1) of this Code.

(iii)

In the Medium Density Residential (M) category, community residences shall be regulated as provided in section 24-32(B) and section 24-32(B.1) of this Code.

(iv)

In the Medium-High Density Residential (MH) category, community residences shall be regulated as provided in section 24-32(B) and section 24-32(B.1) of this Code.

(v)

In the Commercial (C) category, community residences shall be regulated as provided in section 24-41 of this Code.

(vi)

In the Community Facilities (CF) category, community residences shall be regulated as provided in section 24-44(C) of this Code.

(vii)

In the Irregular Density category, family community residences shall be regulated as provided in section 24-29(B) and section 24-29(B.1) of this Code and transitional community residences shall be permitted only in multifamily housing and regulated as provided in section 24-32(B) and section 24-32(B.1) of this Code.

(d)

In a mixed use land development, recovery communities shall be regulated as follows according to the corresponding land use categories of the Future Land Use Map of the City of Oakland Park:

(i)

In the Low Density Residential (L5) category, recovery communities shall not be permitted.

(ii)

In the Low-Medium Density Residential (LM) category, recovery communities shall not be permitted.

(iii)

In the Medium Density Residential (M) category, recovery communities shall be regulated as provided in section 24-32(B) and section 24-32(B.1) of this Code.

(iv)

In the Medium-High Density Residential (MH) category, recovery communities shall be regulated as provided in section 24-32(B) and section 24-32(B.1) of this Code.

(v)

In the Commercial (C) category, recovery communities shall be regulated as provided in section 24-41 of this Code.

(vi)

In the Community Facilities (CF) category, recovery communities shall be regulated as provided in section 24-44(C) of this Code.

(vii)

In the Irregular Density category, recovery communities shall be permitted only in multifamily housing and regulated as provided in section 24-32(B) and section 24-32(B.1) of this Code.

(D)

Prohibited uses. Animal boarding kennel; auction houses; boat and marine motor sales and service; building supplies; carpet, rug and rag cleaning; contractors' office; day labor center; dry cleaning plant; engraver; fertilizer store; fishing supplies—live bait; funeral home; millwork; propane gas sales; pumps and wells; second hand stores; towing service; upholstery shop and water treatment, pool equipment supplies, standalone automobile oriented uses including but not limited to large surface parking lots, gas stations, auto repair, car washes, automobile dealers and drive through facilities (either principal or accessory) are prohibited.

(E)

Densities and intensities.

(1)

A base density of ten dwelling units per gross acre shall be established. Increased density may be earned through incentives.

(2)

A maximum floor area ratio of 2.0 is established for commercial uses.

(3)

The maximum allowable density shall not exceed thirty (30) dwelling units per gross acre.

(F)

Site characteristics.

(1)

Setbacks.

(a)

There shall be a setback of not less that fifteen (15) feet in depth around the perimeter of the project in addition to setbacks as required under the street widening program or the Broward County Trafficways Plan. There shall be a setback of not less than twenty-five (25) feet from any arterial or urban collector street. This minimum setback may be waived by the city commission after consideration by the planning and zoning board if the applicant can demonstrate that this setback does not meet the intent and purpose of these regulations.

(b)

There shall be a setback of not less than fifteen (15) feet in depth along any side of the project which is adjacent to a residential district, whether or not separated by a street other than a trafficway, alley or waterway, in addition to such setbacks as required under the street widening program or the Broward County Trafficways Plan.

(2)

Building height, pervious area, landscaping and signage requirements shall be as required by the underlying district regulations unless superseded by this section.

(G)

Required design components. In order to qualify for allocation of reserve units as provided herein each of the following design components must be incorporated into the approved site plan and meet the purpose and intent of these regulations:

(1)

Enhancement of pedestrian mobility.

(2)

Connectivity to mass transit facilities.

(3)

Vertical plane moderation for buildings over thirty-five (35) feet.

(4)

Façade treatments are required for the first thirty-five (35) feet of the vertical plane.

(5)

Architectural fenestration shall be designed into the building façade.

(6)

Rooftop mechanical equipment to be screened from the view of adjacent properties and streets.

(7)

Dumpsters and trash receptacles must be screened from the view of adjacent properties and streets.

(8)

Street trees are required.

(9)

Entry monument signage shall not exceed thirty-two (32) square feet.

(10)

Exterior lighting consistent with CEPTED principles.

(11)

Buffering of adjacent single-family and other lower density uses.

(12)

Use of site furnishings such as bike racks, bollards and flagpoles.

(H)

Optional design guidelines and incentives for increased density. Based on performance, i.e. the extent to which design standards are incorporated into the development proposal and are found to meet the purpose and intent of these regulations, the project will qualify for increased density. Additional dwelling units may be awarded by the city commission for each of the following optional design guidelines, which are incorporated into the approved site plan. Additionally, a density bonus may be granted by the city commission of up to five units per acre to the extent that the project is consistent with design ideals that encourage pedestrian friendly environments with enhanced public access to the city's waterways or the adopted goals, objectives and priority improvement projects of the city's community redevelopment plan adopted pursuant to F.S. § 163.360. Allocation of these units shall be commensurate with the value of the planned improvements.

(I)

Allocation of flexibility, reserve and affordable housing units. Allocation of flexibility, reserve and affordable housing units shall be as set forth in section 24-72 of this chapter.

(J)

Parking.

(1)

General requirements. General parking requirements shall be as provided in Article VI, Parking, Loading and Access.

(2)

Single use projects. The amount of off-street parking spaces for single use projects shall be as required in the off-street parking table within Article VI of these regulations.

(3)

Mixed use projects. Off street parking shall be the same as for single use projects, however parking requirements for the nonresidential component may qualify for a reduction up to fifteen (15) percent of the required number of spaces contingent on the following:

(a)

A parking study prepared and certified by a professional traffic engineer or traffic planner which documents and supports the reduction in terms of the extent to which the project vehicular parking program is in harmony with and supports mass transit; includes internal mass transit features; provides arcades or other weather protection features and generally enhances pedestrian mobility and connectivity to mass transit features.

(b)

The methodology for conducting the study shall be submitted to the city engineer for review and approval and shall include the week and days the study will be conducted, the number of days and duration of the study and the time intervals and location for data collection.

(c)

Documents the existence of certain facts related to the projected use of the parking facility and its relationship to surrounding rights of ways and properties; and/or

(d)

Documents that the use, site, structure or any combination thereof characterizes that the need for project parking is less than required by Article VI; and/or

(e)

There is a public parking facility within seven hundred (700) feet of the property which the parking is intended to serve and that the projected use of this parking facility will not conflict with the need for public parking; and/or

(f)

The requested parking reduction will be compatible with and not adversely impact the character and integrity of the surrounding properties.

(g)

Ninety-degree back out parking in or into the public right-of-way is prohibited.

(K)

Development review fee. The city intends to collect a development review fee for review of applications for mixed use land development. A fee established by resolution adopted by the city commission shall be charged.

(L)

Student station fee. Developers shall pay a student station fee as determined by the School Board of Broward County pursuant to Policy 1161, as it may be amended from time to time.

(M)

Park and open space charge. A park and open space charge established by section 24-175 shall be paid before issuance of a building permit for mixed use land development projects to offset the costs of increasing park and open space. The park and open space charge may be adjusted on an annual basis by the city commission.

(N)

Development review procedure. The development review committee, which shall include an urban designer and any other designees assigned to the committee by the city manager, will review all development applications for mixed use land development for compliance with the provisions of these regulations. The purpose of the review is to ensure that the proposed project is compatible with the purpose and intent of the mixed use land development regulations and is consistent with the provisions contained therein.

(1)

Process for development approval.

(a)

Pre-application meeting. A developer or property owner shall submit a development application at least two (2) weeks before a scheduled development review committee meeting to be scheduled for a pre-application meeting on that date. The development review committee may provide oral or written comments on plans at the pre-application meeting.

(b)

Formal development review committee meeting. A developer or property owner shall submit the complete development application at least two weeks before a scheduled development review committee meeting to be scheduled for a formal development review committee meeting on that date. The development review committee (DRC) shall provide written comments on the development application at the scheduled meeting.

(c)

Required developer response. The developer or property owner shall respond to the development review committee's comments within thirty (30) days of the formal development review committee meeting. The development review has a right to table development applications due to lack of response or incomplete response by a developer or property owner. An application may be reconsidered with a new development review fee with a written request after three (3) months of inactivity.

(d)

Staff discretion. City staff has the sole discretion to hold a second formal development review committee meeting with the developer within two (2) weeks of receipt of the developer's modifications if the developer is deemed non-responsive to the development review committee's comments and or the submittal includes major amendments.

(e)

Revisions to approved site plan.

1.

Minor amendment: The development review committee, after receiving staff recommendations may approve "minor" changes and deviations from the approved site plan which are in compliance with the provisions and intent of this article, and which do not depart from the principal concept of the approved site plan. All other requested changes and deviations shall be referred to the city commission.

2.

Major amendment: The city commission may review and determine that requested changes and deviations from an approved site plan constitute a substantial alteration to the character of the development and thus require that the requested changes be subject to the same procedure as required for new application. Substantial changes would include alteration of the intensities, density, design, public amenities or modifications to minimum code requirements and approved conditions.

(f)

Final approval. City staff shall issue a report to the planning and zoning board and city commission on site plans reviewed by the development review committee submitted for mixed use land development projects.

(g)

Planning and zoning board consideration. City staff shall report on the development review committee's comments at the first possible planning and zoning board meeting. The planning and zoning board will determine if the site plan meets the standards and requirements of the Oakland Park Land Development Code. The planning and zoning board will forward its recommendation to the city commission.

(h)

City commission consideration. The city commission reserves the right to schedule and to hold a formal hearing within forty-six (46) days of the planning and zoning board's review of the development review committee's comments. If no formal hearing is scheduled within the forty-six (46) days, development may proceed as approved by the development review committee.

(Ord. No. O-2005-015, § 2, 2-16-05; Ord. No. O-2005-033, § 2, 11-2-05; Ord. No. O-2006-009, § 2, 5-3-06; Ord. No. O-2007-010, § 5-2-07; Ord. No. O-2020-004, § 2, 2-19-20; Ord. No. O-2021-016, § 2, 9-22-21)

(A)

Purpose and intent. The purpose of this section is to further the intent of the City's Comprehensive Plan (Objective 1.3, Policy 1.3.7) and Community Redevelopment Plan (Goal 4). The New Urban Planned District (NUPD) is intended to promote development which will benefit the city and its urban form by encouraging project design surpassing the standard of development promulgated by application of either its conventional zoning regulations or the existing planned unit development ordinance (PUD). This section is intended to:

(1)

Promote new urbanism design principles;

(2)

Provide flexibility of design;

(3)

Encourage innovation in project design;

(4)

Promote an economic and efficient use of urban infill land;

(5)

Provide a mix of housing types;

(6)

Incorporate open space and other amenities;

(7)

Insure compatibility with adjacent neighborhoods.

(B)

Rezoning to New Urban Planned District.

(1)

Locational requirements. In order to be eligible for rezoning to a New Urban Planned District, the project must be:

(a)

Located within the city's community redevelopment area and

(b)

Designated as either Commercial, Low-Medium Density Residential, Medium Density Residential or Medium High Density Residential on the city's future land use map.

(2)

Applicability of NUPD regulations. Properties in the community redevelopment area shall be rezoned to a NUPD District concurrent with undergoing development approval if:

(a)

Designated as low-medium, medium or medium high on the city's future land use map; and

(b)

Under single ownership and consist of at least one (1) city block or a minimum of one (1) acre.

(C)

Unified control. All land included for the purpose of development within a New Urban Planned District shall be under the control of the applicant (an individual, partnership or corporation, or group of individuals, partnerships or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed Planned New Urban District.

(D)

Signed agreement.

(1)

The applicant shall agree in writing to proceed with the proposed development according to the provisions of these regulations and conditions attached to the rezoning of the land to planned unit development; and

(2)

To provide agreements, contracts, covenants, deed restrictions and sureties acceptable to the city for completion of the development according to the plans approved at the time of rezoning to planned unit development and for continuing operation and maintenance of such areas, functions and facilities which are not proposed to be provided, operated or maintained at public expense; and

(3)

To bind their successors in title to any commitments made under the above. All agreements and evidence of unified control shall be examined by the engineering and community development department, and no rezoning of land to the New Urban Planned District classification shall be adopted without a certification by the engineering and community development department that such agreements and evidence on unified control meet the requirements of these regulations; and

(4)

If the developer elects to administer common open space through an association or nonprofit corporation, said organization shall conform to the applicable laws of the State of Florida.

(E)

Permitted uses. The uses permitted in a New Urban Planned District shall be consistent with the permitted uses in the residential categories in the Oakland Park Comprehensive Plan as further restricted in this section.

(1)

Town homes.

(2)

Lofts.

(3)

Multifamily buildings.

(4)

Offices.

(5)

Neighborhood retail stores.

(6)

Personal service establishments.

(7)

Live-work units.

(8)

In a new urban planned district, community residences shall be regulated as follows according to the corresponding land use categories of the Future Land Use Map of the City of Oakland Park:

(a)

In the Low Density Residential (L5) category, community residences shall be regulated as provided in section 24-29(B) and section 24-29(B.1) of this Code.

(b)

In the Low-Medium Density Residential (LM) category, community residences shall be regulated as provided in section 24-29(B) and section 24-29(B.1) of this Code.

(c)

In the Medium Density Residential (M) category, community residences shall be regulated as provided in section 24-32(B) and section 24-32(B.1) of this Code.

(d)

In the Medium-High Density Residential (MH) category, community residences shall be regulated as provided in section 24-32(B) and section 24-32(B.1) of this Code.

(e)

In the Commercial (C) category, community residences shall be regulated as provided in section 24-41 of this Code.

(f)

In the Community Facilities (CF) category, community residences shall be regulated as provided in section 24-44(C) of this Code.

(g)

In the Irregular Density category, family community residences shall be regulated as provided in section 24-29(B) and section 24-29(B.1) of this Code and transitional community residences shall be permitted only in multifamily housing and regulated as provided in section 24-32(B) and section 24-32(B.1) of this Code.

(9)

In a new urban planned district, recovery communities shall be regulated as follows according to the corresponding land use categories of the Future Land Use Map of the City of Oakland Park:

(a)

In the Low Density Residential (L5) category, recovery communities shall not be permitted.

(b)

In the Low-Medium Density Residential (LM) category, recovery communities shall not be permitted.

(c)

In the Medium Density Residential (M) category, recovery communities shall be regulated as provided in section 24-32(B) and section 24-32(B.1) of this Code.

(d)

In the Medium-High Density Residential (MH) category, recovery communities shall be regulated as provided in section 24-32(B) and section 24-32(B.1) of this Code.

(e)

In the Commercial (C) category, recovery communities shall be regulated as provided in section 24-41 of this Code.

(f)

In the Community Facilities (CF) category, recovery communities shall be regulated as provided in section 24-44(C) of this Code.

(g)

In the Irregular Density category, recovery communities shall be permitted only in multifamily housing and regulated as provided in section 24-32(B) and section 24-32(B.1) of this Code.

(F)

Narrative planning document required. A narrative plan shall accompany the application for rezoning to the New Urban Planned District and shall address the following:

(1)

A clear and convincing demonstration that the proposed project complies with the intent of this ordinance which is restated as follows:

(a)

Promote new urbanism design principles;

(b)

Provide flexibility of design;

(c)

Encourage innovation in project design;

(d)

Promote an economic and efficient use of urban infill land;

(e)

Provide a mix or housing types;

(f)

Incorporate open space and other amenities;

(g)

Ensure compatibility with adjacent neighborhoods.

(2)

Compliance with the site, design and environmental standards as contained herein. Studies, including but not limited to traffic analyses, drainage studies and line of sight drawings, shall be submitted to substantiate the narrative plan.

(3)

The nature, planned use, future ownership and method of perpetual maintenance of common elements of the project;

(4)

Such other pertinent information as may be considered necessary for the city commission to make a determination that the proposed use and master development plan is in compliance with the purpose and intent of these regulations.

(G)

Density. Maximum allowable density shall be as established by the city's future land use map.

(H)

Minimum project size. The minimum size of a proposed project shall be one (1) acre or one (1) city block, whichever is less. The minimum project size may be waived by the commission after review by the planning and zoning board if it finds that granting the waiver will be in harmony with surrounding properties.

(I)

Pre-application conference required. An applicant shall submit a preliminary plan for informal development review committee review prior to submitting a formal application for development approval. The development review committee will provide verbal comments on the proposal.

(J)

Site characteristics. Building site coverage, open space, setbacks, minimum space between buildings, building height, parking and unit size shall be as shown on the master development plan as approved by the commission. Master development plan approval shall be based on a finding of compliance with the intent and purpose of the ordinance as stated in the narrative document which is part of the application for approval. Notwithstanding the foregoing, minimum site requirements are established as follows.

(1)

Height of structure: Five (5) habitable stories not to exceed seventy-six (76) feet.

(2)

Minimum residential floor area: 1100-square foot average gross floor area; 800-square foot gross floor area.

(3)

Off-street parking:

(i)

Studio apartments, 1.0 parking spaces per unit;

(ii)

One (1) bedroom units, 1.5 parking spaces per unit;

(iii)

Two (2) and three (3) bedroom units, 2.0 spaces per unit;

(iv)

One (1) guest space for every five (5) units either on-site or on-street.

(4)

Landscaping and open space: 20% minimum.

(K)

Design standards. Each of the following design components must be incorporated into the approved site plan and meet the purpose and intent of these regulations:

(1)

Enhancement of pedestrian mobility.

(2)

Connectivity to mass transit facilities.

(3)

Buildings closest to the street on which the project fronts must be built to the sidewalk.

(4)

Grade level parking shall be minimized along other streets adjacent to the project.

(5)

No street level building façades shall be blank or contain mirrored glass.

(4)

Façade treatments are required for the first thirty-five (35) feet of the vertical plane.

(5)

Architectural fenestration shall be designed into the building façade.

(6)

Rooftop mechanical equipment to be screened from the view of adjacent properties and streets.

(7)

Dumpsters and trash receptacles must be screened from the view of adjacent properties and streets.

(8)

Street trees are required except when in violation of accepted horticultural practices and roadway planting standards or in conflict with existing or proposed utility lines.

(9)

Entry monument signage shall not exceed thirty-two (32) square feet.

(10)

Exterior lighting consistent with CEPTED principles.

(11)

Buffering of adjacent single-family zoning districts.

(12)

Use of site furnishings such as, but not limited to, bike racks, bollards and flagpoles.

(L)

Neighborhood compatibility. Development shall be compatible with and preserve the character and integrity of adjacent neighborhoods.

(1)

Buildings closest to the perimeter of the project if adjacent to a single-family zoning district shall provide a 15-foot stepback in the vertical surface plane of the building between floors two and three.

(2)

Balconies may project no more than six (6) feet into the required stepback.

(L)

Professional services required. Any plans submitted as part of a petition for a New Urban Planned District shall certify that the services of competent professionals were utilized in the designing or planning process and shall state their names and businesses and addresses.

(1)

Plans submitted as part of a petition for a New Urban Planned District must be prepared by either a planner who by reason of his education and experience is qualified to become or is a full member of the American Institute of Certified Planners, or an architect licensed by the State of Florida, a landscape architect registered by the State of Florida and a professional engineer registered by the State of Florida and trained in the field of civil engineering, and/or a land surveyor registered by the State of Florida.

(N)

Reference to Planned Unit Development District procedures. Paragraphs G, H, I, J and K of Section 24-54, Planned Unit Development District, shall apply to NUPUD approvals.

(Ord. No. O-2008-006, § 2, 1-23-08; Ord. No. O-2009-021, § 2, 9-16-09; Ord. No. O-2020-004, § 2, 2-19-20)

(A)

(1)

Powerline Road Zoning District Purpose and intent. It is the intent of the City Commission to create a Mixed Use District for the purpose of encouraging mixed use redevelopment opportunities for existing and new property owners in the area identified as the Powerline Road Zoning District. The city commission does intend that the Powerline Road Zoning District is to provide a compatibility enhancement to the present B-1, B-2 and B-3 zoning. A property owner who proposes a redevelopment plan can utilize the Powerline Road Zoning District as a means of achieving mixed use flexibility not currently allowable in the B-1, B-2 and B-3 zoning classification of the City of Oakland Park's Land Development Code of Ordinances. It is the express intent of the city commission that the Powerline Road Zoning District shall augment the properties located within it, offering a number of redevelopment opportunities along the corridor of Powerline Road. In addition, it is the goal of the city commission that the creation of the Powerline Road Zoning District accomplishes the following objectives:

(a)

Introduce a mix of uses to include residential, retail, entertainment, and office.

(b)

Encourage diversifications and coexistence of compatible uses, structures and open spaces not in conflict with surrounding properties and land uses.

(2)

Geographical boundaries of the Powerline Road Zoning District. The geographical boundary of the Powerline Road Zoning District shall consist of the following described areas as shown on zoning map exhibit:

(a)

East side of Powerline Road from West Oakland Park Boulevard to the north side of the block on NW 35 Street;

(b)

East side of Powerline Road from NW 38 Street to the south right-of-way line of the I-95 overpass;

(c)

West side of Powerline Road from the south right-of-way line of the I-95 overpass to NW 38 Street;

(d)

West side of Powerline Road from NW 38 Street to the north property line of the Powerline Development Plat, Plat Book 123/Page 14 B Parcel A;

(3)

Powerline road zoning district permitted use list. See the Master Business List in Chapter 24, Article III, section 24-41.

(B)

Mix of uses, required design components and bulk standards.

(1)

Mix of uses and commercial.

(a)

Mixed use residential. Buildings fronting Powerline Road are permitted and encouraged to have a vertical mix of use consisting of active retail/commercial office and residential with pedestrian friendly plazas and arcades with outdoor dining permitted as an accessory use to an enclosed restaurant. Multi-family, live work, villas and town house uses are permitted above the first floor of a commercial establishment.

(b)

Site design standards for free standing commercial building developments. When residential mixed use development is not proposed then the development requirements provided for in the B-1: Community Business District, section 24-37 shall apply.

(2)

Mixed use required design components. In order to redevelop the existing properties or to qualify for allocation of residential flexibility or reserve dwelling units as provided herein each of the following design components shall be incorporated into the approved master site plan and meet the purpose and intent of these regulations:

(a)

Enhancement of pedestrian mobility and accessibility.

(b)

Connectivity to mass transit facilities including the dedication of new bus shelter easements for any new Powerline Road development which shall meet the specifications of the Broward County land development code.

(c)

Pedestrian connectivity.

(d)

Building façade treatments incorporated into the architectural appearance.

(e)

Architectural fenestration designed into the building façade.

(f)

Rooftop mechanical equipment that is installed screened from the view of adjacent properties and streets.

(g)

Implement wherever possible the "LEED" standards and guidelines to design and function.

(h)

Dumpsters and trash receptacles screened from the view of adjacent properties and streets.

(i)

Exterior lighting consistent with CPTED principles that that is designed and installed so as to reflect the light away from any contiguous property and to prevent any glare or excessive light on adjacent property, including rooftop lights.

(j)

Buffering of adjacent single-family and other lower density uses.

(k)

Use of site furnishings, where appropriate, such as park benches, bike racks and safety bollards.

(3)

Building orientation and design.

(a)

Mixed use or commercial buildings shall be oriented toward Powerline Road.

(b)

Parking structures shall provide architectural fenestration, which shall consist of, but not be limited to window details, mantles, cornice details, permanent shade structures/features for pedestrians and should resemble residential architecture with landscape screening and buffering. Parking structure exhaust fans shall not be visible from any of the adjacent residential zoning districts.

(4)

Pervious area. Twenty (20) percent of the site shall be in open space. Open space, for the purposes of this section, shall include all areas on the site not covered by structures or impervious surfaces/material.

(5)

Setbacks and bufferyards.

(a)

Powerline Road. A minimum of ten (10) feet.

(b)

NW 38 Street.A minimum of fifteen (15) feet shall be maintained along NW 38 Street and Powerline Road.

(c)

Adjacent to existing residential neighborhoods. A fifteen-foot landscape buffer is required within the setback adjacent to any existing residential neighborhoods. This buffer area landscaping is to buffer and screen the zoning district from the adjacent neighborhood.

(6)

Height limit.

(a)

Building height. Proposed new buildings on the west side of Powerline Road shall not exceed sixty (60) feet or five (5) stories in height. Proposed new buildings on the east side of Powerline Road shall not exceed thirty-five (35) feet or three (3) stories in height.

(b)

Building height and roof structures. Overall height of a building or structure shall be measured from the required minimum floor elevation, to top of beam of the uppermost story. Roof structures shall not be included in the overall height of the building; however, they shall not exceed fifteen (15) feet in height for fifty (50) percent of the roof area, allowing for elevator equipment, stairwells, and roof structure applications which screen roof equipment.

(c)

Mechanical equipment. No mechanical equipment shall be visible from or adjacent to a residential zoning district. Mechanical equipment shall be fully screened.

(7)

Circulation, parking and access.

(a)

Parking. All existing development and redeveloped areas within the Powerline Road Zoning District shall comply with all parking requirements in Article VI; Parking, Loading and Access. In addition to the city's parking code, the following parking provisions and exceptions shall apply:

1.

No on-street parking facilities are permitted.

2.

Adjacent at grade parking lots shall provide for pedestrian and vehicular cross access to existing and future parking lots and structured parking facilities.

(b)

General requirements. General parking requirements shall be as provided in Article VI, Parking, Loading and Access based on the type of mixed use, a reduction in the requirements through a parking study is permitted.

(c)

Structured parking. Structured parking facilities are allowed and encouraged within the zoning district and may include permitted commercial uses on the west side of the main transportation corridor of Powerline Road. All parking structures shall be treated with architecturally aesthetic façades, including architectural fenestration, false window treatments, "LEED" applications or other innovative designs. Street level openings to parking structures shall occur only on the Powerline Road frontage. Structured parking facility exhaust systems shall not be visible from any existing residential area and shall be screened from view. Exhaust fumes from these systems shall not impact adjacent residential areas.

(8)

Site landscaping. Article VIII, Landscape and Fences, shall apply.

(9)

Site furnishings.

(a)

Seating. Outdoor seating within the Powerline Road Zoning District shall be designed to discourage overnight sleeping. Seating shall be provided at bus stops and future transit stations.

(b)

Tree grates. Tree grates shall be provided for perimeter trees planted in paved/impervious surfaced areas along Powerline Road.

(c)

Trash receptacles. Receptacles are to be sited only where they will be accessible and used. They shall be placed along major pedestrian corridors, but shall not impede pedestrian traffic. They shall also be located at portals, pedestrian nodes, intersections, and seating areas. All of the trash receptacles shall be waterproof and shall contain a lid and be maintained by the developer/property owners. Each receptacle shall have a sturdy removable liner for easy maintenance and be sized to accept standard trash bags. All transit stops or bus stops shall have at least one trash receptacle that will be maintained and replaced as needed by the developer/owner of the property.

(d)

Bus transit shelters. A bus transit shelter easement shall be dedicated to the county at any new Powerline Road development, whether or not it is mixed use. New shelters shall be installed, matching the architectural design, style and theme of the new development. New shelters shall be designed to provide transit rider protection and shade from rain and sun, and utilizing a renewable energy source for power.

(10)

Street closures and traffic studies.

(a)

All development permits for new projects within the boundaries of the Powerline Road Zoning District shall be subject to a traffic study provided by the applicant and subject to the cost recovery provisions of the development fee schedule.

(b)

Any development that is expected to diminish the level of service (LOS) on the neighborhood streets will warrant city commission consideration of the implementation of a street closure on the impacted street. Any street closure that is approved shall be paid by the developer/owner.

(C)

Mixed use, density, intensity and density incentives.

(a)

Mixed use. Commercial activities within the Powerline Road Zoning District shall be limited to the first floor of all mixed use buildings. Office uses may be located above the first floor.

(b)

Floor area ratio. A maximum floor area ratio of 2.5 is established for commercial uses.

(c)

Base residential density. A base density of 10 dwelling units per gross acre shall be established. Increased density may be earned through incentives.

(d)

Maximum residential density. Residential density shall not exceed 20 dwelling units per acre (DU/AC).

(e)

Allocation of density. Allocation of flexibility and reserve dwelling units shall be as set forth in section 24-72 of this chapter.

(f)

Design guidelines and incentives for increased density. Based on performance, i.e. the extent to which design standards are incorporated into the development proposal and are found to meet the purpose and intent of these regulations, the project will qualify for increased density. Additional dwelling units may be awarded by the city commission for each of the following design guidelines, which are incorporated into the approved master site development plan (see table below):

(D)

Nonconforming uses and structures.

(1)

Purpose. It is the purpose of this zoning district to provide for the regulations of nonconforming uses and structures which existed lawfully (whether by special exception, variance, or otherwise) on the effective date of passage or amendment of this zoning district and which fail to conform to any of the applicable regulations contained herein. Nonconforming uses are deemed to be: incompatible with and detrimental to permitted uses and structures in the zones in which they are located; the cause of disruption of the comprehensive land use patterns of the city; an inhibition of present and future development of nearby properties; conferring upon their owners and users an absolute franchise and hence a position of unfair advantage. A rigid control on expansion and the eventual elimination or reduction to conformity, as expeditiously as is reasonable, of nonconforming uses or structures is declared to be as much a subject of health, safety and welfare as is the prevention of the establishment of new uses that would violate the provisions of this section.

(2)

Nonconforming buildings or structures. Any nonconforming building or structure may be continued subject to the following conditions and requirements:

(a)

Repairs, alterations and enlargements. Any nonconforming structure may be repaired or altered subject to the provisions of this article, provided there is no increase in nonconformity.

(b)

Restoration.

1.

Damage less than fifty (50) percent of restoration cost: If a nonconforming structure is damaged by any means to the extent that the cost of restoration would be less than fifty (50) percent of the replacement cost of the entire building or structure at the time of the damage, such structure may be restored subject to the following provisions:

a.

No nonconformity shall be increased beyond its extent prior to the damage.

b.

Restoration shall be completed within twelve (12) months after the infliction of the damage.

2.

Damage or deterioration more than fifty (50) percent of restoration cost: If a nonconforming building or structure is damaged or deteriorated by any means to the extent that the cost of restoration would equal or exceed fifty (50) percent of the replacement cost of the entire building or structure, it shall not be restored and may be replaced only by a conforming building or structure.

(c)

Nonconforming uses. Any nonconforming use of a building or land may be continued subject to the following conditions and requirements:

1.

Expansion. A nonconforming use of a building, structure or land shall not be expanded into any other portion of such building, structure or lot occupied by such use.

2.

Change. The nonconforming use of a building, structure or land may be changed only to a conforming use except as provided. If a nonconforming use of a building, structure or land has been changed to a conforming use, it may thereafter be changed only to another conforming use.

3.

Existing use. Any existing use which is classified as a conditional use in the zone in which it is located shall be deemed to have been authorized subject to maintaining the existing character and extent of operations and structures.

4.

Discontinuance. A nonconforming use of a building, structure or land which has been discontinued shall not be returned to a nonconforming use. A nonconforming use shall be considered to be discontinued when the premises have been devoted to another use or the premises have been vacant for a period of two (2) months.

5.

Use discontinuance. Any use existing on the effective date of this zoning district or any amendment to it which is classified as a nonconforming use in the zoning classification in which it is located shall be terminated by the July 2, 2018.

Any owner that perceives the year 2018 date to constitute a unique hardship may apply to a "nonconforming use amortization board" which is hereby created. The five-person board shall be appointed by the city commission and shall include at least one (1) accountant familiar with tax and business law, and one (1) architect or builder. All applications for extensions must be submitted to the code enforcement officer by January 1, 2016; said applications must be accompanied by an appraisal, and a statement of what is unique to this use and structure. No extension shall be granted beyond the year 2028.

(Ord. No. O-2014-012, § 2, 7-2-14; Ord. No. O-2016-004, § 5, 3-2-16)

(A)

Purpose. The Planned Redevelopment District (PRD) is designed to encourage the development of planned and unified office, commercial, and residential complexes, near the intersection of the planned transit corridors, Federal Highway and Oakland Park Boulevard, with a greater amount of flexibility by amending some of the detailed restrictions of conventional zoning.

(B)

Definition. A planned redevelopment is land under unified control, planned and developed as a whole in a single development operation or an approved programmed series of development operations for mixed use and related uses and facilities. It may include principal and accessory uses and structures substantially related to the character of the development itself and the surrounding area of which it is a part.

(C)

Unified control. All land included for the purpose of development within a PRD development district shall be under the control of the applicant (an individual, partnership or corporation, or group of individuals, partnerships or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed PRD development.

(D)

Locational requirements. Only properties within the FHOD may be rezoned to PRD.

(E)

Permitted uses.

(1)

Multi-family Residential above the first floor of a commercial establishment

(2)

For all nonresidential uses, the uses in the Master Business List in the Planned Redevelopment District (PRD) category shall apply to properties in the PRD District. See the Master Business List in Chapter 24, Article III, Section 24-41.

(F)

Mix of uses.

(1)

Buildings fronting Federal Highway and Oakland Park Boulevard are permitted to have a vertical mix of uses consisting of active commercial and residential uses. This provision does not preclude a vertical mix of uses in other zoning districts where they are otherwise permitted.

(2)

There shall be no restriction on the percentage of floor area dedicated to residential use within a building. Residential uses are prohibited on the ground floor.

(3)

Outdoor dining is permitted in this zone only as an accessory use to a permitted restaurant. The total service area permitted for outdoor dining shall be no greater than an area equal to fifty (50) percent of the total service area for dining purposes.

(G)

Land use and design regulations.

(1)

Minimum size of PRD development. All PRD developments shall contain a minimum of two (2) gross acres of contiguous land unless the planning and zoning board finds and recommends that a tract which contains less than two (2) gross acres is suitable as a PRD development by virtue of some unusual conditions. This minimum may be waived by the city commission upon the recommendation of the planning and zoning board.

(2)

Density.

(a)

A maximum floor area ratio of 3.0 is established for all structures.

(b)

The maximum allowable density shall not exceed fifty (50) dwelling units per gross acre.

(c)

Studio and efficiency units of five hundred (500) square feet or less will be calculated as 0.5 dwelling unit each only for the purpose of calculating density (including flexibility).

(d)

No dwelling unit is permitted to have a floor area of less than four hundred (400) square feet.

(3)

Minimum lot area, distance between structures, frontage and setbacks.

(a)

No minimum lot size shall be required within a PRD development.

(b)

No minimum distance between structures shall be required within a planned redevelopment district.

(c)

Structures shall be permitted to project up to a maximum of five (5) feet into the required setback above the ground floor to provide for screening, architectural fenestration, balconies or other façade elements.

(d)

There are no required setbacks or yards except for those adjacent to the following streets:

(i)

Federal Highway: A minimum of ten (10) feet shall be maintained.

(ii)

Oakland Park Boulevard: A minimum of ten (10) feet shall be maintained.

(iii)

NE 38 ^th Street: A minimum of ten (10) feet shall be maintained.

(iv)

NE 20 ^th Avenue: A minimum of ten (10) feet with landscaped buffering shall be maintained along NE 20 ^th Avenue to buffer existing residents from mixed use activities, including parking garages.

(4)

Maximum length of structures. No maximum length of structures shall be required within a planned redevelopment district.

(5)

Maximum height of structures.

(a)

A maximum height of one-hundred thirty (130) feet shall be permitted within a planned redevelopment district.

(b)

Overall height of a building or structure shall be measured from the minimum floor elevation as per sections 24-131 and 24-134(B) of the City of Oakland Park Land Development Code, to top of beam of the uppermost story. Parapets and roof structures are not included in the overall height of the building; however, they shall not exceed twenty-five (25) feet in height, which allows for projections above the roof such as air conditioning, electrical equipment, communication towers, elevator equipment, stairwells, and roof structure applications which screen roof equipment.

(c)

The combined area of all roof structures, including air conditioning equipment, communication towers, elevator equipment, stairwells, and other electrical equipment, shall not exceed fifty (50) percent of the total roof area.

(6)

Bufferyards. A varying height landscape buffer of at least ten (10) feet in width is required within the setback along neighboring residential districts. This landscaping is to buffer the district from the adjacent residential neighborhood.

(a)

In addition to the required landscape buffer, where a nonresidential district abuts a residential district or is separated by a street, alley or waterway from a residential district, the owner of the nonresidential lot shall be required to provide a decorative façade for the length of the structure along the property line adjacent the residential neighborhood in a manner consistent with the design guidelines presented in this section as the means to comply with the requirement of section 3-C of the Landscape and Streetscape Design Standards.

(7)

Pervious area. A minimum of twenty (20) percent of the site shall be maintained as open space. Open space, for the purposes of this section, shall include all areas on the site not covered by structures. A minimum of forty (40) percent of the required open space shall be landscaped.

(8)

Building orientation.

(a)

Mixed use or commercial buildings shall be primarily oriented toward Federal Highway and/or Oakland Park Boulevard, and away from any existing residential neighborhoods.

(b)

Buildings in excess of eight stories or eighty (80') feet shall provide a step back of twenty (20') feet or greater at or below a height of forty (40') feet for the portion of the building abutting a residentially zoned district.

(H)

Circulation, parking and access.

(1)

General parking requirements. Commercial uses in a planned redevelopment district shall comply with all parking requirements in article VI; Parking, Loading and Access. In addition to the city's parking Code, the following parking provisions shall apply:

(a)

The amount of off-street parking required for mixed-use developments may be based on a shared parking analysis with a methodology approved by city staff.

(2)

Structured parking.

(a)

Structured parking facilities are allowed and encouraged as accessory to another use and may include permitted commercial uses. All parking structures shall be integrated within the design of the building and treated with architecturally aesthetic façades including elements such as architectural fenestration, false window treatments, landscape elements, etc.

(b)

Street level openings to parking structures shall occur within the site and only on NE 38th Street, NE 33rd Court, NE 20th Avenue, and Federal Highway. Parking structure access is not permitted on Oakland Park Boulevard. Parking structure (or parking garage) access from NE 20 ^th Avenue shall only be permitted between the hours of 7 a.m. and 10 p.m. Access to structured parking is encouraged from secondary streets and alleys where appropriate.

(c)

Structured parking facility exhaust systems shall not be visible from any existing residential area and shall be screened from view.

(d)

When structured parking is adjacent to residential uses, innovative design solutions and intensive exterior façade treatment is required as follows:

(i)

Provide consistent architectural style and details throughout the site with similar architectural elements applied to parking structures as principal structures.

(ii)

Provide durable, high-quality exterior materials such as masonry, stone, metal paneling, precast concrete, simulated wood, glass, or other comparable materials.

(iii)

All exposed parking shall be designed with exceptionally creative solutions such as perforated metal architectural screening, simulated residential façades with fake window openings, woven wire mesh, glass fiber reinforced concrete panels, or other comparable materials.

(iv)

At least fifty (50) percent of parking garage openings shall be screened.

(v)

At least twenty-five (25) percent of parking garage façades facing a residentially zoned district shall consist of green landscape walls. The maintenance of the green landscape walls shall be the responsibility of the property owner.

(vi)

Cable trellis or a similar structure shall be used as a wall feature to support vegetation along any wall façade facing 20 ^th Avenue or any other residentially zoned property.

(3)

Shared parking. The intent of shared parking is to permit a reduction in the total number of required parking spaces when a parcel is occupied by two (2) or more uses which typically do not experience peak parking demands at the same time. A parking study may be submitted for review by the development review committee for consideration and recommendation to the city commission for a parking reduction.

(I)

Designing guidelines.

(1)

Encourage unique architectural styles that create a sense of identity and strive for the highest quality expression of the desired architectural style.

(2)

Enhanced pedestrian mobility.

(a)

At least seventy-five (75) percent of ground floor commercial space façades shall have arcades or canopies.

(b)

Glazing used for ground floor commercial space façades shall be transparent glass.

(c)

Public art and attractive architecture elements encouraged.

(d)

Special paving in heavily used pedestrian areas such as concrete pavers, brick pavers, colored stamped concrete, or other comparable materials are required.

(3)

Support multi-modal transportation options:

(a)

Provide effective circulation for ride-sharing services.

(b)

Provide adequate bike racks and sidewalk connectivity. Provide bicycle parking at a rate of one (1) space per twenty (20) dwelling units, one (1) space per ten thousand (10,000) square feet of non-office commercial space, and one (1) space per twenty (20,000) square feet of office space.

(c)

Provide motorcycle and scooter parking at a rate of one (1) space per twenty (20) residential units, one (1) space per fifty thousand (50,000) square feet of office use, and one (1) space per twenty-five thousand (25,000) square feet of non-office commercial space.

(d)

Provide electric vehicle charging stations at a rate of one (1) station per fifty (50) residential units and one (1) station per fifty thousand (50,000) square feet of office space.

(4)

Provide articulated façade treatments constructed of durable, high-quality exterior materials such as masonry, stone, metal paneling, precast concrete, simulated wood, glass, or other comparable materials.

(5)

Architectural fenestration shall be designed into the building façade with the use of at least two (2) window types and scales. The following glazing requirements apply to all façades:

(a)

Street-facing walls: A minimum of twenty (20) percent of each façade shall consist of transparent glazing.

(b)

Non-street-facing walls: A minimum of ten (10) percent of each façade shall consist of transparent glazing unless the applicable building code sets a lower limit, in which case the minimum glazing percentage shall be ninety (90) percent of the maximum permitted by the applicable building code.

(6)

Rooftop mechanical equipment shall be screened from the view of adjacent properties and streets.

(7)

Dumpsters and trash receptacles shall be screened from the view of adjacent properties and streets.

(8)

Landscaping shall consist of Florida native species using principles to reduce water consumption and promote shade trees, primarily as street trees and in parking lots where appropriate. See Landscape and Streetscape Design Standards for further requirements.

(9)

Notwithstanding the provisions of article XI of the Code, entry monument signage structures in this zone shall not exceed twelve (12) feet in height and a face area of one hundred (100) square feet on each side at drive entry.

(10)

Exterior lighting shall be consistent with CPTED principles.

(11)

Site furnishings. Appropriate use of site furnishings such as bike racks, bollards, and flagpoles are encouraged.

(a)

Seating. Outdoor seating within the Planned Redevelopment District shall be designed to discourage overnight sleeping.

(b)

Tree grates. Tree grates shall be provided for perimeter trees planted in paved areas along Oakland Park Boulevard and Federal Highway.

(c)

Trash receptacles. Receptacles, utilized for public trash and recycling as part of the site furnishing, are to be located only where they will be accessible and used. They shall be placed along major pedestrian corridors but shall not impede pedestrian traffic. They shall also be located at portals, pedestrian nodes, intersections, and seating area. Trash receptacles shall be waterproof and shall contain a lid. Each receptacle shall have a sturdy removable liner for easy maintenance and be sized to accept standard trash bags. All transit stops, or bus stops shall have at least one (1) trash receptacle.

(J)

Signs and graphics. The signage and graphics element of the City of Oakland Park Downtown Mixed Use District Design Guidelines are hereby adopted by reference as if set forth fully herein. The following signage is permitted for structures within a planned redevelopment district in addition to the level of signage permitted by article XI of the Code and the Downtown Mixed Use District Design Guidelines.

(1)

Structures in excess of seventy (70) feet in height are permitted one (1) building identification sign on each building elevation but such signage shall not be permitted on elevations facing residential districts. The maximum size of each building identification sign shall be no more than one hundred fifty (150) square feet. Such signage shall be located on the upper third of the building elevation or façade.

(2)

Each drive entry is permitted one (1) monument sign structure not to exceed twelve (12) feet in height and a face area of one hundred (100) square feet on each side.

(K)

Allocation of flexibility, reserve and affordable housing units. Allocation of flexibility, reserve and affordable housing units shall be as set forth in section 24-72 of this chapter.

(L)

Fees. All application fees for a planned redevelopment district or development orders required by chapter 24 shall be set forth in this fee schedule to be established by resolution and shall be in addition to fees for development permits set forth in the land development fee schedule.

(M)

Development review procedure. The development review process shall be as set forth in chapter 24, article XII - site plan and other development permit review procedures of the Code of Ordinances.

(Ord. No. O-2018-017, § 3, 8-1-18; Ord. No. O-2019-003, § 2, 1-23-19)