Proposed Project:
The applicant proposes to redevelop the K-Mart site by clearing the buildings, dividing the property into two parcels, designating the southern parcel as an MULD overlay zone, and constructing the following:
Northern (Commercial) parcel, which is to remain zoned B-1 and is subject to approval by the Development Review Committee:
- Grocery Store with 23,013 square feet
- Commercial building with retail/medical office space and restaurant space
- Parking area with 124 surface spaces
- Rear loading areas at both buildings
- Pedestrian connections including gates to residential parcel
Southern (Residential) parcel, which is to be designated with an MULD overlay to the B-1 zone and requires formal Development Site Plan Approval and allocation of 300 Flexibility Housing Units:
- Four 5-story multi-family residential buildings
- Total of 288 apartment units consisting of 50 studios, 112 one-bedrooms, and 126 two-bedrooms
- The main residential lobby and indoor amenities for entire project to be in one building closest to the 6th Avenue Bridge
- Indoor garbage and loading areas with trash chutes for upper floors
- Breezeway and indoor hallways, no external ‘catwalk’ hallways
- All units would have balconies or porches
- Garage parking and storage areas available for some units would be provided in these buildings and in one small free-standing garage building
- Three 2-story residential ‘carriage house’ buildings
- Total of 12 apartment units consisting of 3 one-bedrooms, 6 one-bedrooms with dens, and 3 two-bedrooms
- All units would have balconies
- Garage parking and storage areas provided for all units in these buildings
- Private amenities:
- Main lobby, fitness center, and party rooms in main building closest to NE 6th Avenue Bridge
- Outdoor swimming pool adjacent to the Middle River
- Dog park
- Open space area with gazebo
- Majority of parcel would be fenced and gated, but two guest parking areas, the ride-share waiting park, and the riverfront park would be outside the gated areas
- Public amenities:
- In furtherance of the OP3D (Oakland Park Downtown Development District Study) the project incorporates:
- Multi-use public access path along the eastern border of the property connecting Oakland Park Boulevard to the Middle River.
- Public Riverfront Promenade from N.E. 6th Avenue to the eastern border of the property.
- Park area along NE 6th Avenue with waiting area for ride-share vehicle pick-up
- Parking for 403 vehicles plus bicycle parking areas
- Surface parking areas for 350 vehicles
- Garage parking for 53 vehicles
Traffic & Parking:
The applicant provided a traffic study prepared by McMahon Associates, Inc. This has been reviewed by the City’s traffic engineering consultant. It finds that the level of traffic generated by this project is lower than that generated by the approved Wal-Mart development. Signage and other infrastructure would be necessary along NE 6th Avenue to manage traffic entering and existing the site and would be provided by the applicant.
The commercial parcel is required to provide 124 parking spaces. That standard would be met with the proposed parking.
The residential parcel is required to provide 600 parking spaces for 300 dwelling units. The project would provide a total of 403 parking spaces including 53 assigned garage spaces. The applicant provided a parking analysis prepared by McMahon Associates, Inc. that compares the proposed residential unit configuration and parking ratio with four similar multi-family and mixed-use residential developments in this region as well as parking ratio guidelines from the Urban Land Institute (ULI) for residential projects, parking requirements from other Broward County municipalities, and analyses of transit and bicycle usage in similar communities. It concludes that providing 1.34 parking spaces per unit, as proposed, is in line with the average number of parking spaces provided per unit in the peer communities, is consistent with ULI guidelines, and is a suitable parking ratio for a development of this type. The City’s traffic engineering consultant found this rationale to be professionally supportable. The Development Review Committee can approve this alternate parking ratio in accordance with Section 24-80(J) of the Land Development Code and will consider this traffic study and ratio if the allocation of Flexibility Units is approved.
It should be noted that the subject site is located within an area being considered as part of the expansion of the Oakland Park Local Activity Center through the OP3D (Oakland Park Downtown Development District) project. The goals of OP3D include multi-modal connectivity, transit-supportive land uses, and pedestrian-oriented parking requirements. Although yet to be finalized, the proposed OP3D parking requirements would require this project to provide a maximum of 429 residential spaces. However, an additional credit for mixed-use development such as this project would lower the parking requirement further. The proposed project would be in line with the proposed OP3D regulations, as shown below:
Proposed OP3D Parking Requirements
171 Studio and one-bedroom units: 171 spaces
129 two-bedroom units: 258 spaces
Total spaces: 429 spaces
Findings and Applicable Codes
Comprehensive Plan:
This site is designated Commercial on the Oakland Park Comprehensive Plan Future Land Use Map. Designation of this property as MULD overlay zoning and development of 300 dwelling units is permitted with the allocation of flexibility housing units.
Development Review Committee:
The site plan has been reviewed by the Development Review Committee with a finding that the project meets the minimum standards for site plan review for developments with MULD designation in the B-1 zone. Final site plan details have been addressed by the applicant.
Flexibility Housing Unit Allocation:
Because the Future Land Use Map designation of this site is Commercial, the City can use Flexibility units in accordance with Section 24-72 of the Land Development Code for such areas to permit residential development for mixed-use or multi-use projects. The City currently has a total of 701 units available. With this allocation, the City would have a total of 401 units.
Findings:
This is a proposal for the redevelopment of a shuttered K-Mart store site. An earlier submittal for this project was reviewed by the DRC was found to not provide the pedestrian-oriented mixed-use layout required by its proposed zoning district. Subsequently, the applicant provided a revised site plan concept. The revised plan provides a pedestrian-oriented grocery store instead of a gas station. It also re-positions buildings to have shorter setbacks from NE 6th Avenue adds public park and plaza areas and has a redesigned riverfront walkway. Originally planned large parking lots are now compartmentalized by the integration of clusters of 2-story carriage houses between smaller parking areas. Through work with DRC members, this project substantially improves the design and now meets the criteria of the proposed MULD zone. The following is an analysis of the revised project based on MULD requirements found in the Land Development Code:
Sec. 24-56 (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.
Provided. The design breaks up large parking lots with sets of carriage houses and adds additional crosswalks and walkways. It also reduces the setbacks from NE 6th Avenue. A connection to the City’s street grid to the east is also provided, which would enable residents to walk to shopping areas east of the site. There are several pedestrian connection points for the residential and commercial aspects of the project including walkways to 6th Avenue.
(2) Connectivity to mass transit facilities.
Provided. The project has improved connections to NE 6th Avenue and provides a ‘Transit Plaza’ for use by rideshare services and a potential local shuttle. The improved connection of the residential area to the site’s commercial area and the provision of a shelter for Broward County Transit also helps.
(3) Vertical plane moderation for buildings over thirty-five (35) feet.
Provided. The designs feature balconies and canopy areas to vary the façade depths.
(4) Façade treatments are required for the first thirty-five (35) feet of the vertical plane.
Provided. Architectural plans indicate adequate windows at building ends, use of materials that are indicative of the local character of the Oakland Park area, and balconies to vary façade depths.
(5) Architectural fenestration shall be designed into the building façade.
Provided. Architectural plans show suitable amounts of window area.
(6) Rooftop mechanical equipment to be screened from the view of adjacent properties and streets.
Provided. Parapets in some roof areas would screen rooftop mechanicals positioned in the middle of each building's roof. This will continue to be required with any building configuration.
(7) Dumpsters and trash receptacles must be screened from the view of adjacent properties and streets.
Provided. Buildings would feature indoor trash rooms accessible by trash chutes.
(8) Street trees are required.
Provided. Street trees are placed along surrounding streets.
(9) Entry monument signage shall not exceed thirty-two (32) square feet.
Provided. Signage for the residential parcel meet standards.
(10) Exterior lighting consistent with CEPTED principles.
Provided. The riverfront walkway design includes a continuous route and has the residential buildings positioned very close to it with balconies and windows providing surveillance. It is also gated with the narrative explaining that it would be closed at night. Other areas of the site have good visibility from the dwelling units. Wayfinding/guidance signage is proposed throughout the site to direct visitors and delivery people to appropriate areas of the site (and guide them away from inappropriate areas of the site).
(11) Buffering of adjacent single-family and other lower density uses.
Provided. There is a green area with a pedestrian pathway separating the proposed residential development from existing residential areas to the east.
(12) Use of site furnishings such as bike racks, bollards and flagpoles.
Provided. Plans provide bike parking and sitting areas.
Density (MULD):
Maximum Permitted if flexibility units are allocated: 10 DU/Acre plus incentive densities up to 30 DU/Acre total.
The following incentive items for which bonus density is requested are provided:
- Inclusion of plazas, open spaces, greenways, water features and/or public art (3 units);
- Application of design materials such as special paving, site furniture, specialty light fixtures and approved signage (1 unit);
- Use of signature trees as street trees (1 unit);
- Project provides enhancements to the public’s access to adjacent waterways (5 units);
- Inclusion of internal mass transit features and parking associated with supporting transit (1 unit);
- Inclusion of trash facilities inside the building envelope (1 unit);
- Project provides a variety of housing types (2 units);
- The project is (to be) consistent with the 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 (5 units);
- Inclusion of arcades or other acceptable weather protection for pedestrians (1 unit);
Based on the above, the project is eligible for 30 DU/Acre.
Zoning Standards:
Proposed Zoning:
- B-1 and MULD, Mixed Use Land Development
Zoning District Regulations:
- Floor Area Ratio (B-1 and MULD):
- Maximum Permitted: 1.0 for commercial in B-1, no residential limit for MULD
- Proposed: 0.25 for commercial
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Standard
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Required
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Proposed
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Status
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Front Setback
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25'
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26.89’
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conforming
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Side
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15'
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40.55'
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conforming
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Rear
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15'
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95.12’
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conforming
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Building Height Limit
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50'
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47.5'
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conforming
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Parking Spaces (Commercial: 4 per 1,000 SF)
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600
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403
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DRC review of parking analysis required. Parking study reviewed by City Traffic consultant.
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Applicable Regulations:
Sec. 24-56. - Mixed use land development.
(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 an 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, stand alone 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.
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Incentive
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Additional Dwelling Unit Density Per Gross Acre
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Inclusion of structured parking that provides at least 75% of required parking spaces.
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5 DU
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Inclusion of plazas, open spaces, greenways, water features and/or public art.
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3 DU
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Inclusion of commercial uses at a floor area ratio of 2.0
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2 DU
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Inclusion of internal mass transit features and parking associated with supporting transit.
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1 DU
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Inclusion of arcades or other acceptable weather protection for pedestrians.
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1 DU
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Application of design materials such as special paving, site furniture, specialty light fixtures and approved signage.
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1 DU
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Inclusion of trash facilities inside the building envelope.
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1 DU
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Use of signature trees as street trees.
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1 DU
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Project provides a variety of housing types.
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2 DU
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Project provides enhancements to the public's access to adjacent waterways.
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5 DU
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(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 of one thousand two hundred dollars ($1,200.00) will be charged for buildings three stories and lower and a fee of two thousand four hundred dollars ($2,400.00) will be charged for buildings four (4) stories and higher. One-half (½) of the development review fee must be paid to the city before the pre-application meeting with the development review committee. One-half (½) must be paid to the city before formal review of completed site plans by the development review committee. The development review fee may be reviewed and adjusted on an annual basis by the city commission to determine the cost and applicability.
(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 tine to time.
(M) Park and open space charge. A park and open space charge of one thousand five hundred dollars ($1,500.00) for every dwelling unit 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.
Sec. 24-72. - Flexibility, reserve and affordable housing unit procedure.
(A) Purpose. Flexibility, reserve and affordable housing unit procedures are hereby established so that the number of dwelling units permitted on a lot or parcel of land may be increased above the normal authorized densities in certain specific situations as hereinafter provided.
(B) Conditions for granting flexibility, reserve and affordable housing units.
(1) Reserve units may be granted as an incentive for the dedication of land for public purposes. In exchange for land dedication for public purposes of any portion of a parcel of property, the city commission may grant a transfer of up to two hundred (200) percent of the maximum number of dwelling units designated on the Oakland Park Future Land Use Map for the dedication area to other parcels of land within the same flexibility zone. Reserve units may be granted only for land dedications or monetary contributions in lieu of land dedications in excess of city and/or county requirements, as otherwise provided, but shall not be granted for county park dedication purposes.
(2) Flexibility, reserve and affordable housing units may be granted to a parcel of land which is designated for commercial use on the City of Oakland Park Future Land Use Map and zoned for business in order to permit residential uses. In addition, affordable housing units may be permitted in accordance with Article 8 of the Broward County Planning Council's Administrative Rules Document in the following areas:
(a) Prospect Road from Dixie Highway to I-95.
(b) Andrews Avenue from Oakland Park Boulevard to Prospect Road.
(c) Orange Grove Manors subdivision (South of Cambridge Park PUD).
(3) For other than those in (1) and (2) above, reserve units may be granted in the following manner:
(a) The total number of reserve units assigned to any undeveloped parcel of land in excess of ten (10) acres in size, which was at the time of adoption of the 1989 Oakland Park Future Land Use Element under one (1) ownership, regardless of future division or sale, cannot exceed ten (10) percent of the residential density designated for the parcel on the Oakland Park Future Land Use Map.
(b) Except as specified in (a) above, the total number of reserve units assigned to any developed parcel of land or any undeveloped parcel of land less than ten (10) acres in size may not exceed twenty-five (25) percent of the residential density designated for the parcel on the Oakland Park Future Land Use Map 1 or one (1) additional dwelling unit per lot, whichever is greater.
(C) Application for flexibility, reserve and affordable housing units. The owner of a tract of land may make an application to the city for flexibility, reserve and affordable housing units in accordance with the conditions for granting flexibility, reserve and affordable housing units outlined in (B) above.
(1) For a residential lot which is zoned R-1 and on which the property owner wishes to construct a two-family dwelling, an application for a reserve unit must be accompanied by a request for a rezoning of the property to R-2.
(2) For all parcels of land, other than as provided in subsection (1) above, an application for flexibility, reserve and affordable housing units must adhere to the following procedures and requirements:
(a) The application must be accompanied by a conceptual site plan which depicts the number and layout of the dwelling units and complies with article XII.
(b) A filing fee in accordance with the land development fee schedule.
(D) Review of application for flexibility, reserve and affordable housing units. The application for flexibility, reserve and affordable housing units and the accompanying site plan shall be reviewed by the development review committee for compliance with this section and all other applicable regulations. A report of the committee's review and recommendation shall be submitted to the city commission.
(E) Action of the city commission.
(1) The city commission shall review the application for flexibility, reserve and affordable housing units and the accompanying conceptual site plan for adherence to all existing city requirements and as to whether the development as presented will enhance the quality of life in the City of Oakland Park and promote the health, safety and welfare of its citizens.
(2) After the public hearings, the city commission may take action to grant the application for flexibility, reserve and affordable housing units, in whole or in part, only as provided in (B) above.
(3) Upon granting flexibility, reserve and affordable housing units, the number of available flexibility, reserve and affordable housing units in the flexibility zone shall be reduced by the number of flexibility, reserve and affordable housing units granted.
Sec. 24-80(J) Parking study. In recognition that a site or use may have unique characteristics not contemplated by the Code, an applicant may submit a formal "Parking Study" requesting that an alternative parking ratio be approved by the development review committee or sub-committee thereof.
(1) The parking study shall provide verifiable documentation of the appropriateness of the ratio(s), indicate tenant use(s), square footage, requirement per the Code, ratio used, hours of operation, and the requested reduced number of spaces.
(2) In addition to the parking study, a restrictive covenant stating the findings of the parking study and provides that the city may collect any and all costs to enforce them should litigation be necessary shall be provided by the applicant.
(3) Should the parking study and restrictive covenant be approved, then the applicant shall record it in the Official Records of Broward County on the property and provide the engineering and community development department a certified copy of the document.