Alex Dambach, AICP

Planning Supervisor

Peter Schwarz, AICP

Director of Community and Economic Development

Case #CD20-21DMUD “Sky Building – Development Review”

Issue Statement:

Oakland Park Dixie, LLC, requests Development Review in the Downtown Mixed Use District, in accordance with Section 24-271 of the Land Development Code, to construct a mixed-use development with commercial, office, and residential uses and structured parking, to be located at 3701 North Dixie Highway and 3801 North Dixie Highway in the Downtown Mixed Use District - Dixie Mixed Use subarea. 

The Planning and Zoning Board shall determine if the site plan meets the standards and requirements of the Oakland Park Land Development Code based on the Development Review Committee's findings. The City Commission will receive a report from the Planning and Zoning Board and may elect to schedule a formal hearing on this application, otherwise the project may proceed as approved by the Development Review Committee. 

Recommended Action:

The Planning and Zoning Board consider the Development Review Committee’s findings that the project complies with the Land Development Code and recommend approval to the City Commission.

Neighborhood Participation Meetings for the project were held November 14, 2018, August 27, 2020 and March 25, 2021.

Background:

On October 17, 2018, the City Commission passed Resolution #R-2018-154 approving the City to enter into a Development Agreement with Integra Real Estate, LLC. The corresponding Purchase and Sale Agreement for the site, also referred to as the West Dixie Lots, was also approved by the City Commission on at that meeting.

On August 6, 2020, City Commission approved the First Assignment of the Purchase and Sale and Development Agreements which included the transfer of the project to NR Investments, Inc. and an updated Development Program. The attached application complies with that agreement.  

On October 7, 2020, the City approved increased building height above the permitted base of three (3) stories and 36 feet though the provisions of Section 24-269, with acceptance of public amenities consisting of 40 public parking spaces, a pedestrian bridge, and pedestrian plazas. In addition, the City Commission approved the allocation of flexibility housing units to provide for a total of 140 apartments, including live-work units.

Property Description:

The site consists of two vacant city blocks on the west side of Dixie Highway separated by NE 38 Street. The subject site is located in the Dixie Mixed Use subarea of the Downtown Mixed Use District. The southern parcel is 1.2 acres (50,001 square feet) with frontage on Dixie Highway, NE 37 Street, NE 11 Avenue, and NE 38 Street. The northern parcel is 0.9 acres (38,390 square feet) with frontage on Dixie Highway, NE 38 Street, NE 11 Avenue, and NE 39 Street. The lots are city-owned and approved for redevelopment.

The applicant proposes to construct a new building on each of the two lots, which will be connected by an elevated skybridge at the third level.

The south lot will contain a mixed-use building with 35,223 square feet of City Hall space, street-level retail and commercial space, a 334-space parking garage, and 21 live-work units. Vehicular access to the garage is from NE 37 Street, and pedestrians will access the garage at the ground level. Connections from the garage to live-work units in the south lot will be through internal connections on each level. Connections from the garage to residences in the north lot will be through the skybridge at the third floor.

The north block is to contain a mixed-use building that will include street-level retail and commercial space and 119 dwelling units. Residential amenities including a gym, entrance lobbies, and a café are to be located on the ground floor as well.

Each building will have internal loading areas. Access to the south building loading area will be at NE 37 Street, and access for the north building loading area will be located on NE 11 Avenue. The total floor area of street-level retail and commercial in both buildings is 16,237 square feet. The minimum gross unit size for all project residences are proposed to be 991 square feet with an average unit size of 1,142 square feet. The total height of the buildings is to be 74.75 feet.

The site is to be laid out with varying setbacks from each street line--all to be greater than required, which is 12 feet from Dixie Highway and 10 feet from each of the other streets. These setback areas are planned for plazas, planting areas, walkways, ramps, decks, and steps. Special pavers are proposed for the plazas and walkways. On-street parking and new sidewalks are proposed along all sides of the two parcels, and new utility connections will come from NE 11th Avenue. Street trees are proposed for all street frontages with adjustments in spacing, location, and number of trees based on locations of loading areas, parking, and utilities.

Zoning District Regulations in the Dixie Mixed Use Sub-Area of the Downtown Mixed Use District:

Findings:

Proposed is a pair of mixed-use new buildings on vacant lots that were acquired, cleared, and remediated for redevelopment. The addition of multi-family residential units in mixed-use buildings is considered a best practice in downtown area planning. Additional benefits are provided by a new City Hall, public parking for the overall downtown community, and new retail space.

The Development Review Committee finds that the project complies with the Land Development Code with an adjustment to street tree placement permissible under the code. This project requires Development Review by the Planning and Zoning Board, and if the Board approves the site plan, a report is to be provided to City Commission, which may elect to review the project as well. 

This property is in an area designated by the Future Land Use Map of the Comprehensive Plan as a Local Activity Center. Development patterns within Local Activity Centers shall generally reflect planning and design principles such as walkable neighborhoods oriented around a five-minute walk to residences and commercial activities; primary building orientation toward public transit systems;  centrally located community-serving land uses; and greater integration of housing, employment, shopping, and recreation at the neighborhood level. The Comprehensive Plan states that the Downtown Local Activity Center provides the ultimate flexibility for mixed-use redevelopment, park land and/or open space, commercial, employment-based activity, civic activities and for preserving single-family residential neighborhoods within the area.

Applicable Codes:

§  24-272. - Development review procedure.

The development review committee, which shall include an urban designer and any other designees assigned to the committee by the city, will review all development applications pertaining to any property located in the Downtown Mixed Use District for compliance with the provisions of this Article XX and its companion Oakland Park Downtown Mixed Use District Design Guidelines. The purpose of the review is to ensure that the requested modification is compatible with the desired character of the Downtown Mixed Use District and is consistent with the provisions of this Article and the Oakland Park Downtown Mixed Use District Design Guidelines.

(A) Process for development approval.

(1) 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.

(2) Formal development review committee meeting. A developer or property owner shall submit the complete development application at least two (2) 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.

(3) 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.

(4) 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

(5) Revisions to approved site plan.

(a) 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.

(b) 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.

(6) Final approval. City staff shall report to the planning and zoning board and city commission on site plans reviewed by the development review committee submitted for development and redevelopment in the Downtown Mixed Use District.

(a) 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.

The Planning and Zoning Board consider the Development Review Committee’s findings that the project complies with the Land Development Code and recommend approval to the City Commission.