Issue Statement: The City of Oakland Park proposes to vacate an approximately 145-foot-long and 25-foot-wide public alley to enable the construction of the downtown Horizon Oakland Park redevelopment project in conjunction with Horizon Oakland Park, LLC, a joint venture of Kaufman Lynn Construction, Inc., and Falcone Group. The alley is located east of Northeast 12 Avenue, north of Northeast 37 Street, and situated within a portion of the proposed development site.

Recommended Action: Staff recommends that the Planning and Zoning Board conduct a public hearing and make a recommendation of approval to the City Commission for the proposed vacation of the subject alley.

Background: On August 3, 2022, the City entered into a development agreement with Horizon Oakland Park, LLC. for the redevelopment of City-owned downtown properties (subject site). The mixed-use redevelopment project is comprised of three development parcels and will include 310 mid-rise dwelling units in three buildings, as well as approximately 23,000 square feet of ground floor retail space, a living street known as a woonerf, public plazas, new a public train station, and a new, relocated Greenleaf Park.

The vacation or abandonment of the alley north of Northeast 37 Street is necessary to assemble the parcels into one development site. The north portion of the alley accessing 38 Street will remain, providing access to the rear of the property at 1230-1254 Northeast 38 Street.

Property Description: The subject site is a city-owned 3,625 square-foot public right-of-way with frontage on Northeast 37 Street located east of Northeast 12 Street. It is staff’s understanding that there are no public utilities located within the right-of-way, however the public utilities will be contacted prior to development of the construction plans and any utilities identified within the right-of-way during that process will be relocated.

Neighborhood Participation Meeting: June 26, 2023.

The City is currently working to finalize the Development Agreement with Horizon Oakland Park, LLC. As part of that Agreement, the City committed to vacating the public alley located within the north assemblage of the redevelopment project. Consideration of the vacation by the Planning and Zoning Board is the first step in the process to vacate a public way. Following the Planning and Zoning Board hearing, the City Commission will consider a Resolution to vacate the alley. An application will then be filed with Broward County for finalization of the Vacation.

Findings:
The vacation of this utility easement and relocation of any existing utilities is a necessary element of the downtown Horizon redevelopment project.
As this is a platted right-of-way, the vacation of the easement requires approval from Broward County.
Utility providers will be contacted during the development of construction plans.
It is necessary to vacate the right-of-way now due to the length of time to complete the vacation process and contractual obligations of the Development Agreement.

Applicable Codes:
City of Oakland Park, Land Development Code
Sec. 24-97. - Vacation of public ways.

(A) Who may file. An owner or owners of property abutting a street, alley, easement or other public way may make application to the community development department to vacate the public way within or adjacent to the property. If the applicant or applicants are not the only abutting property owner(s), or if the property proposed for vacation serves any other property owner(s), a signed and notarized consent form from each such other property owner must be submitted with the application.
(B) Fee. A fee as specified in the Land Development Fee Schedule shall be submitted with an application for the vacation of a public way.
(C) Public hearings; notifications. Advertised public hearings required by State Statute, City Charter or the City Code of Ordinances shall be held before the planning and zoning board and city commission when required and a notice of such hearing shall be mailed to the affected property owners when and as required.