Alex Dambach, AICP

Planning Supervisor

Peter Schwarz, AICP

Director of Community and Economic Development

Case #CD20-15DMUD “Central Park – DMUD land Development Code Text Amendment”

 A Public Hearing to consider the application by Smith Storage LLC, requesting a text amendment to Article XX, Section 24-269(E), of the Land Development Code to remove the required aggregation or assembly of parcels in order to participate in the Additional Building Height Program.

Issue Statement:  The applicant, Smith Storage LLC, represented by Richard Becker, requests a text amendment to remove Section 24-269 (E) from the Land Development Code in order to eliminate the requirement that developers acquire all properties on a block as well as right-of-way from NE 11 Avenue in order develop its property using the Additional Building Height Program. 

Recommended Action: The Planning and Zoning Board consider a recommendation to the City Commission regarding adoption of an Ordinance amending Section 24-269 to remove the requirement for land and right-of-way aggregation for participation in the Additional Building Height Program.

Additional Agenda Items related to this application:

1.  The applicant requests Development Review to construct a 5-story mixed use building at 3301 North Dixie Highway in the Downtown Mixed Use District.

2.  The applicant requests use of the Additional Building Height Program to construct a five story building where the base permitted height is 3 stories. An increase in density of 3 additional units is also requested through that program.

3.  The applicant seeks an allocation of 13 Reserve Housing Units to provide for a total of 43 dwelling units in this project.

Description:  The Additional Building Height Program for the Downtown Mixed Use District is regulated through section 24-269 of the Land Development Code.  It enables property owners or developers to obtain approval to construct buildings up to the maximum permitted height for that zone above above a set base height limit provided they contribute one or more of the following public amenities to the community:

(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.

The amenity value is required to exceed a minimum cost calculated by the size of the portion of the building that would be taller than the base height limit. 

Section 24-269 (E) requires that the developer acquire all property on the site’s city block if the project is in the Park Place or Dixie Mixed Use sub-area. Furthermore, the developer is also to acquire the right-of-way of NE 11 Avenue and the lots west of that street if in the Park Place sub-area in order to implement a circulation plan from 2004 that has since been replaced, is no longer valid, and is contrary to current intentions for transportation on NE 11 Avenue. 

Staff is now aware that most downtown redevelopment projects tend to occur though infill on lots within existing city blocks and are carried out by smaller, local developers who usually cannot acquire an entire block from surrounding property owners, especially if those property owners do not intend to sell their property.

The applicant proposes to develop a 5-story mixed use building at the corner of Dixie Highway and NE 33 Street using a long-vacant lot and a lot that has been used as a non-conforming contractor yard and storage building. The permitted base height at this location in the Park Place sub-area is 3 stories, but the proposed five stories are permitted through participation in the Additional Building Height Program. The project site would consist of two lots that are part of a block that also contains a garden center, an apartment complex, and a city parking lot on surrounding properties. These other properties are not for sale, so the developer cannot reasonably acquire them.

This applicant has requested that Section 24-269 be amended to remove subsection (E) and its reference in subsection (A). The applicant is not able to acquire the entire block. 

Findings and Applicable Codes

The Downtown Mixed Use District was adopted in 2004, and there were assumptions at that time that large developers would acquire multiple blocks to build large projects.  Since that time, it has been discovered that most downtown redevelopment in Oakland Park, as is common in many cities, comes from smaller projects from local developers using exiting properties available for acquisition from willing sellers. A code requirement mandating acquisition for development as permitted by zoning if community amenities are provided can put an unrealistic burden on downtown redevelopment.

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. Property may 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.

(Ord. No. O-2004-030, § 2, 12-1-04; Ord. No. O-2020-016 , § 2, 9-3-20)

The Planning and Zoning Board consider a recommendation to the City Commission regarding adoption of an Ordinance amending Section 24-269 to remove the requirement for land and right-of-way aggregation for participation in the Additional Building Height Program.