Alex Dambach, AICP

Planning Supervisor

Peter Schwarz, AICP

Assistant Director of Community and Economic Development

Brad Ostroff

Acting Director of Community and Economic Development

Case #CD20-20DMUD “Oakland Park Square – Flex Units”

An application by Oakland Park Dixie LLC requesting the assignment of 32 additional flexibility units to be located at 3801 N. Dixie Highway.

Issue Statement: This is a request to assign 32 Flexibility Units, in addition to the 47 previously assigned, for the north block of the Oakland Square Project, a mixed use development on the two vacant parcels located at the northwest and southwest corners of North Dixie Highway and Park Lane East (N.E. 38^th Street).

Recommended Action: Staff recommends the City Commission adopt an ordinance to assign 32 Flexibility Units to the north block of the Oakland Park Square Project located at the west side of North Dixie Highway between NW 38th Street and NW 39th Street.

On September 21, 2020, the Planning and Zoning Board voted to recommend the assignment of 32 Flexibility Units to the project by a vote of 5 to 0. 

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

Assignment of Flexibility Units: Section 24-72 of the City’s Land Development Code provides for the allocation of flexibility, reserve, and affordable housing units from the City's inventory to provide residential density for mixed-use projects and to provide appropriate density for downtown projects.

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. 37^th Street, N.E. 11^th Avenue, and N.E. 38^th 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. 38^th Street (Park-Lane Road), N.E. 11^th Avenue, and N.E. 39^th 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 Story for the project from 5 stories to 6 stories (item for consideration on October 7, 2020 agenda) 
• Additional Flexibility Units (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

The development includes two parcels. The applicable zoning regulations permit 45 dwelling units per acre.

The south block has 1.2 acres of land, allowing 54 dwelling units to be permitted by right. Only 21 dwelling units are proposed for this block. These dwelling units are “live-work” units.

The north block has 0.9 acres of land, allowing 40 units to be permitted by right. 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 housing units" in 2019 and is now requesting Commission approval to use of 32 additional “flexibility housing units” on this north block.

Applicable Code Sections:

Comprehensive Plan Section 3.02.B.5 - Flexibility Units

“Flexibility units” means the difference between the number of dwelling units permitted within a flexibility zone by the Future Broward County Land Use Plan Map (Series) and the number of dwelling units permitted within the flexibility zone by a City’s certified future land use plan map.

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.

(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.

Analysis & Findings

The Development Review Committee Reviewed this application on September 10, 2020 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 401 Flexibility Units available to facilitate mixed-use development in areas designated for Commercial Use in its Comprehensive Plan; therefore, 369 units would remain after this allocation.

The allocation requires approval by the City Commission.