Coversheet

CITY OF OAKLAND PARK, FLORIDA
CITY COMMISSION AGENDA ITEM REPORT

AGENDA ITEM NO. 1A

MEETING DATE: 12/14/2022

PREPARED BY:

Peter Schwarz, AICP

Director of Community and Economic Development

DEPARTMENT HEAD APPROVAL:

ECD - Planning

SUBJECT:

Case #CD20-21OP3D "Sky Building Flexibility Units"

An application by the City of Oakland Park and Oakland Dixie, LLC, requesting the assignment of 57 "Flexibility Units" to the Sky Building project located at 3701 and 3801 North Dixie Highway.

BACKGROUND/HISTORY

Issue Statement: This is a request to assign 57 flexibility units, to replace the 57 local activity center units allocated for the Sky Building project, a mixed-use development on the two vacant parcels located at the northwest and southwest corners of Dixie Highway and Park Lane (NE 38 Street).

Recommended Action: Staff recommends the City Commission adopt a Resolution to assign a total of 57 flexibility units, consisting of 17 flexibility units in the south block and 40 flexibility units in the north block of the Sky Building project, located on the west side of Dixie Highway between NW 37 Street and NW 39 Street to replace the 57 local activity centers units previously assigned.

Background: On October 17, 2018, the City Commission approved a Purchase and Sale Agreement and Development Agreement with Integra Real Estate to redevelop the City-owned property (formerly referred to as the West Dixie Lots) located on N. Dixie Highway and Park Lane East. The City Commission approved the assignment of 47 Flexibility Units on April 17, 2019.

On August 6, 2020, the City Commission approved the transfer of the Agreements to Oakland Park Dixie LLC (NR Investments). NR Investment filed their required Development Review Committee application for the allocation of Flexibility Units which received full City Commission approval on October 21, 2020.

The City Commission approved a Second and Third Amendment to the Development Agreement and Purchase and Sale Agreement on November 17, 2021, and November 2, 2022, respectively.

On June 16, 2021, the City Commission received the final report regarding the Development Review Committee and Planning and Zoning Board's findings per the Land Development Code's requirements for Development Review Procedures

Previous Approvals: The Sky Building project has completed all required approvals and reviews and has submitted its building permit application package to the City and Broward County. The project required multiple opportunities for public participation, including neighborhood participation meetings that were held on November 14, 2018, August 27, 2020, and March 25, 2021. The previous applications to utilize the Additional Building Height program and the final site plan review were presented at Planning and Zoning Board public hearings that were held March 11, 2019, September 21, 2020, and June 7, 2021, respectively. Lastly, the project was considered at the Development Review Committee's public meetings of February 28, 2018, September 10, 2020, April 29, 2021, and April 14, 2022. The final Development Review Committee approval letter was issued November 21, 2022 (attached).

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 in the Downtown Core West subarea of the Oakland Park Downtown Development District (OP3D). The southern parcel is 1.2 acres (50,001 square feet) with frontages 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 frontages on Dixie Highway, NE 38 Street, NE 11 Avenue, and NE 39 Street. The lots are city-owned and approved for redevelopment.

Zoning Review: The development includes two parcels. The applicable zoning regulations permitted 45 dwelling units per acre at the time of the previous allocations of flexibility units.

The south block has 1.2 acres of land, which allowed a maximum of 54 dwelling units to be permitted by right. Seventeen (17)“live-work” dwelling units are proposed for this block.

The north block has 0.9 acres of land, which allowed a maximum of 40 dwelling units to be permitted by right at the time of the previous allocations of flexibility units. One-hundred-nineteen (119) units are proposed for the north block, which is 79 more units than the 40 units that would be allowed by right.

The applicant was allocated 47 flexibility units on April 3, 2019, and 32 flexibility units on October 7, 2020, totaling 79 flexibility units, all of which were allocated to the north parcel.

CURRENT ACTIVITY

The Sky Building Project (Project) has a total of 136 units - 119 residential units and 17 live/work units. The Project was assigned 47 flexibility units on April 3, 2019 and 32 flexibility units on October 7, 2020. The remaining 57 units assigned are Local Activity Center (LAC) units.

This action item is to replace the 57 LAC units with 57 Flexibility Units.

Applicable Code Sections:

Comprehensive Plan Section 3.02.B.5 - Flexibility Units

“Flexibility units” means the difference between the number of dwelling units permitted by the Broward County future land use map and the number of dwelling units permitted by the City’s future land use plan map.

Code of Ordinances Article V. – Supplemental Regulations

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.

(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.

Analysis & Findings

The Development Review Committee Reviewed this application on December 12, 2022, finding that this project qualifies for assignment of flexibility units.

The project site is in an area designated as a Local Activity Center, which is intended to be developed with a balanced mix of land uses characterized by a mix of commercial and residential patrons to support commercial enterprises within the downtown. Development patterns within a Local Activity Centers shall generally reflect planning and design principles such as walkable neighborhoods oriented around the five-minute walk, primary orientation toward public transit systems, a centrally located community-serving land use or land uses and greater integration of housing, employment, shopping and recreation at the neighborhood level.

Flexibility housing units were established by Broward County so that the number of dwelling units permitted on a lot or parcel of land may be increased above the normal authorized densities to allow efficient municipal adjustment to further city goals.

The allocation of flex units is the City’s method to facilitate mixed-use projects in the Local Activity Center and other commercial areas where mixed-use development is encouraged by zoning regulations and by the Comprehensive Plan. The City has 369 Flexibility Units available to facilitate mixed-use development in areas designated for Commercial Use in its Comprehensive Plan; therefore, 312 units would remain after this allocation.

The allocation requires approval by the City Commission.

3.	FINANCIAL IMPACT
	Not Applicable.

4.	RECOMMENDATION
	Staff recommends the City Commission adopt a Resolution to assign a total of 57 Flexibility Units, consisting of 17 flexibility units in the south block and 40 Flexibility Units in the north block of the Sky Building project, located on the west side of Dixie Highway between NW 37 Street and NW 39 Street.

ATTACHMENTS:

Description

Resolution

DRC Final Project Approval Letter 11-21-2022

Application

Narrative

Aerial Photograph Map

Future Land Use Map

Sky Building DRC Finial