Item Coversheet

CITY OF OAKLAND PARK, FLORIDA
CITY COMMISSION AGENDA ITEM REPORT

AGENDA ITEM NO. 1

MEETING DATE: 10/7/2020
PREPARED BY: 

Alex Dambach, AICP

Planning Supervisor


Peter Schwarz, AICP

Assistant Director of Community and Economic Development


Brad Ostroff

Acting Director of Community and Economic Development

DEPARTMENT HEAD APPROVAL:  ECD - Planning
SUBJECT:

Case #CD20-20DMUD “Oakland Park Square – Additional Building Height” An application by Oakland Park Dixie LLC to utilize the Additional Building Height Program for the proposed mixed-use development to be located at 3701-3801 North Dixie Highway.

1.BACKGROUND/HISTORY
    
 

Issue Statement: This is a request to use the Additional Building Height Program, available to properties in the Downtown Mixed Use District, for the Oakland Park Square Project, a mixed use development on the two vacant properties located at the northwest and southwest corners of N. Dixie Highway and Park Lane East (N.E. 38th Street). 

 

 

Recommended Action: Staff recommends the City Commission review and approve the application for the Additional Building Height Program for the Oakland Square Project.

 

On September 21, 2020, the Planning and Zoning Board voted to recommend the Additional Building Height application by a vote of 5 to 0. 

 

The Neighborhood Participation Meeting was held on August 27, 2020.

 

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, referred to as the West Dixie Lots, was also approved by the City Commission that day

 

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 and an updated Development Program.  Under the first Amendment the Development Program was updated as follows:

 

  • 19 residential units
  • 21 Live/Work units
  • 16,242 Square Feet of Ground Floor Retail/Commercial space
  • 1st floor and 6th floor dedicated space to City Hall
  • 360 Parking Spaces

 

This application complies with the agreement.  

 

On September 3, 2020, the zoning regulations were amended to permit use of the Additional Building Height Program for up to three additional stories to accommodate the additional units needed and building heights in the subarea for the pedestrian sky bridge.  With this amendment, the project would comply with the new regulation if approved. 

 

Additional Building Height Program: Section 24-269 of the City’s Land Development Code provides the flexibility for projects within the Downtown Mixed Use District to construct additional stories above the minimum code standards within the North End Urban Residential, Boulevard Commercial, Park Place, Dixie Mixed Use and Civic Use Sub-Areas. This project is within the Dixie Mixed Use Sub-Area. 

 

 

Site Description:  The site consists of two vacant city blocks on the west side of N. Dixie Highway separated by N.E. 38th Street.  The site is in the Dixie Mixed Use subzone of the Downtown Mixed Use Zoning District (DMUD).  The southern parcel (south block) is a 1.2 acre rectangular lot with frontage on N. Dixie Highway, N.E. 37th Street, N.E. 11th Avenue, and N.E. 38th Street (Park-Lane Road).  The northern parcel (north block) is a 0.9 acre triangular shaped lot with frontage on N. Dixie Highway, N.E. 38th Street (Park-Lane Road), N.E. 11th Avenue, and N.E. 39th Street.  These lots are city-owned and intended for redevelopment.    

 

Proposed Project:  The applicant proposes to construct a new building on each lot.  The south block is to contain a mixed use building that would include offices and meeting rooms for a new City Hall, street-level retail and commercial space, a 338-space parking garage, and 21 live-work dwelling units.  The north block is to contain a mixed use building that would include street-level retail and commercial space and 119 dwelling units.

 

 

Project Approvals:  As presented at the August 6, 2020 City Commission meeting, the project will require the following City approvals:

 

  • Additional Flexibility Units (item for consideration on October 7, 2020 agenda)
  • Additional Story for the project from 5 stories to 6 stories (current item for consideration)
  • Long Term Lease
  • Site Plan Approval

 

The following City initiated actions are also necessary for the project to move forward:

 

Complete: Approving a text Amendment to the Dixie Mixed Use Sub-Area to permit:

  • Residential Units on N.E. 11th Avenue
  • 6 stories in this sub-area
  • Additional height that may be required to accommodate a potential skybridge due to the overhead high-power transmission lines

In Process: Receiving a "No Further Action" letter from Broward County for the environmental clean-up

 

Existing Zoning:  Downtown Mixed Use District (DMUD) – Dixie Mixed Use Subzone.  This zone is intended to promote mixed use buildings and a pedestrian-oriented environment.

 

Comprehensive Plan Designation:  Local Activity Center

2.CURRENT ACTIVITY
    
 

The Applicant requests to utilize the Additional Building Height Program pursuant to section 24-269. 

 

To meet the requirements of the Additional Building Height program, the developer is providing parking to support downtown development.  Section 24-269 requires the value of the public amenity exceed 0.5 percent of the construction cost of the additional three stories in the north building.  Acceptable amenities, enumerated within the Code, include public parking, pedestrian connection features, and public open space. 

 

Under the code, the project requires 320 parking spaces. The project provides 360 parking spaces. The 40 additional spaces constitute the public amenity. In addition, the project includes as a public amenity a pedestrian bridge and public plazas on the corners of Park Lane and Dixie Highway. 

 

The cost of construction for the additional stories is estimated at $12,888,600. The value of the parking, pedestrian bridge and plaza is estimated to be in excess of $1 million. Under the public amenity calculation (0.5 percent of the construction cost) the applicant would have to spend $64,443 toward public amenities to qualify for the additional height.  The applicant is spending well in excess of the amount required.

 

Applicable Code Sections:

 

 

ARTICLE XX. – Oakland Park Downtown Mixed Use District Regulations

Sec. 24-269. – Additional Building Height Program.

(A)Building height. Property owners may obtain approval to construct additional stories provided they contribute toward public amenities. In the Park Place and Dixie Mixed Use Sub-Areas, owners must also meet the aggregation requirements in section 24-269(E) below to obtain additional height.

(B)Sub-Area regulations.Three additional stories may be added in the following sub-areas:

(1) North End Urban Residential.

(2) Boulevard Commercial.

(3) Park Place.

(4) Dixie Mixed Use.

Two additional stories may be added in the following sub-areas:

(1) Civic Use (except within 225 feet west of NE 13th Avenue).

(C)Neighborhood compatibility requirement in North End Urban Residential Sub-Area.Buildings in the North End Urban Residential Sub-Area closest to the perimeter of the sub-area, unless adjacent to the Dixie Mixed Use Sub-Area, shall not exceed three stories with a maximum of thirty-six (36) feet.

(D)Density bonus.A density bonus may be granted by the city commission of up to five (5) units per acre if said density bonus is consistent with:

(1) The adopted goals, objectives and priority improvement projects of the City's Community Redevelopment Plan adopted pursuant to F.S. § 163.360, and;

(2) The adopted City of Oakland Park Downtown Mixed Use District Design Guidelines, and;

(3) When a property owner terminates or voluntarily abandons a nonconforming use.

(E)Required aggregation in Park Place and Dixie Mixed Use Sub-Areas.Property owners in the Park Place and Dixie Mixed Use Sub-Areas must also assemble all parcels within a city block measured from right-of-way to right-of-way and provide site plans for the entire area within the right-of-way block to participle in the additional building height program. Propermay also be assembled to include former right-of-ways to increase property size for development or to create a plaza or equivalent area for public assembly. In the Park Place Sub-Area, owners assembling entire blocks must also obtain the NE 11th Avenue right-of-way, additional land to the west, and create a new roadway according to the Oakland Park Downtown District Master Plan as approved in 2004 by city commission in order to participate in the additional height program.

(F)Developer contribution for public amenities.Developers shall be required to provide public amenities equal in value to five-tenths (0.5) percent or more of the construction cost for each story above three (3) stories. Construction cost will be calculated based upon two hundred dollars ($200.00) per square foot (in 2004 dollars) for each story above three (3) stories. The method of calculating construction cost may be reviewed and adjusted on an annual basis by the city commission.

(G)Public amenities to be provided.Public amenities include the following:

(1) Additional public open space or public park;

(2) Water feature;

(3) Community facility (i.e. amphitheater);

(4) Additional public art;

(5) Additional pedestrian connection features;

(6) Critical infrastructure enhancements;

(7) Special downtown entry features (Boulevard Commercial and North End Urban Residential Sub-Areas only);

(8) Public parking;

(9) Or as determined by the city commission.

 

(H)Additional Building Height Program procedure.

(1)Funds for public amenity.Developers shall provide the city with an irrevocable letter of credit or bond, which is acceptable to the city and will guarantee the developer's construction of the public amenity as described section 24-269(F)

(2)Approval of public amenity by city commission. The developer must provide appropriate drawings and documentation regarding the cost of the public amenity from a certified engineer to city staff for review by the development review committee and an urban designer. City staff and an urban designer shall submit a report for city commission approval of the proposed public amenities.

(3) The public amenity must be installed within six (6) months of the issuance of the certificate of occupancy and receive final approval from city staff and an urban designer.

(4) A developer may ask for an extension of the six-month period referred to in section 24-269(H)(3) above from the city commission.

(5) In the event that the developer fails to construct the public amenity as approved by city commission or if the value of the public amenity is determined by the city to be less than the required contribution as stated in 24-269(F), the city shall be entitled to withdraw from the letter of credit or bond stated in 24-269(H)(1) for the cost of the public amenities. The funds from any withdrawal shall be used by the city exclusively for capital improvements in the Downtown Mixed Use District.

(6) In the event the city draws on the letter of credit or bond in accordance section 24-269(H)(5), the city shall be responsible for the city's reasonable cost incurred in drawing against the security.

 

Findings

 

The Development Review Committee reviewed this application on September 10, 2020 and found that this project meets the criteria for the Additional Building Height Program. 

3.FINANCIAL IMPACT
    
 N/A
4.RECOMMENDATION
    
 

Staff recommends the City Commission review and approve the application for the Additional Building Height Program for the Oakland Square Project
ATTACHMENTS:
Description
Application and Plans
Engineer's Public Amenity Letter
Zoning Map
Location Map
Trip Generation Report
Building Cross-Section Drawing with Bridge