Alex Dambach, AICP

Planning Supervisor

Peter Schwarz, AICP

Director of Community and Economic Development

Case #CD20-15DMUD “Central Park – Development Review”

A public hearing before the Oakland Park Planning and Zoning Board to consider an application by Smith Storage LLC, requesting Development Review in the DMUD District to construct a five-story mixed use project with commercial space on the ground floor and residential units above to be located at 3301 North Dixie Highway in the Downtown Mixed Use District-Dixie Mixed Use Subarea zone.

Issue Statement:  The applicant, Smith Storage LLC, represented by Richard Becker, requests Development Review, in accordance with Section 24-272 of the Land Development Code, to construct a mixed use building at the northwest corner of North Dixie Highway and NE 33 Street. 

Recommended Action: The Planning and Zoning Board consider Development Review approval for construction of a mixed use building at 3301 North Dixie Highway.  The decision of the Planning and Zoning Board will be provided in a report to the City Commission. If the City Commission does not elect to hear the item, this Board's decision is final, subject to the decisions of the City Commission on the additional agenda items related to this application.

Additional Agenda Items related to this application:

1.  The applicant requests an ordinance to amend to the text of the Land Development Code to eliminate a requirement to acquire an entire city block to develop a project using the Additional Building Height Program.

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 twelve (12) reserve housing units to provide for a total of 43 dwelling units in this project.

The Neighborhood  Participation  Meeting was held 10/17/19.  Per Section 24-163(E)(5) of the Oakland Park Code of Ordinances, an additional Neighborhood Participation Meeting shall be required prior to  placement on  the City Commission agenda.

 Description:  

The site is a 26,290 square foot parcel with frontage on Dixie Highway, NE 33 Street, and NE 11 Avenue. The site's front portion is vacant, and the rear includes a non-conforming contractor yard and storage building that would be removed. The subject site is in the Dixie Mixed Use subarea of the Downtown Mixed Use District.

The applicant proposes to construct a 93,097 square foot, 5-story building that would contain the commercial portion of a live-work unit on the first floor along with residential lobby area, utility and amenity areas, and garage parking for 35 cars plus 5 tandem parking spaces. The upper floors would contain 43 dwelling units, including the residential portion of the live-work unit. There would also be a gym and clubhouse, as well as a rooftop deck on the top floor. The average gross unit size would be 1,240 square feet.

The proposed exterior would have a modern façade with architectural banding and walls of glass. The parking garage is to be laid out with its main access from NE 11 Avenue and with a set of four spaces accessed from a circular driveway along NE 33 Street. Along the NE 33 Street and Dixie Highway frontages, the project would have 12’ deep setbacks creating space for a water feature, entrance

plazas, public art, and landscaped areas. The applicant would also build public parking spaces along NE 33 Street for guests and members of the public.

This property is designated as being in the Local Activity Center area of the Comprehensive Plan's Future Land Use Map, and this project complies with this designation.

Zoning District Regulations in the Dixie Mixed Use Sub Area of the Downtown Mixed Use District:

The permitted height is 3 stories and 36 feet without participation in the Additional Building Height Program and 6 stories and 90 feet with participation. The applicant proposes to participate and proposes a complying height of 5 stories and 68 feet height.

Unit Sizes:

Required – Minimum gross floor area of 900 sf per unit, Average gross floor area of 1,100 sf per unit.

Proposed –Smallest unit would have 1,004 gross square feet, and the average size would be 1,240 gross square feet.

Findings:

Proposed is a mixed-use new building on a vacant lot, where no new construction has yet occurred in the Downtown. The addition of multi-family residential units is considered a best-practice in downtown area planning. This project requires Development Review by the Planning and Zoning Board, and if this Board approves the site plan, a report is to be provided to City Commission, which may elect to review the project as well.

The Development Review Committee reviewed this project and found that it meets zoning regulations provided: 1). an amendment to Section 24-269 is made regarding requirements to acquire additional properties, 2). reserve housing units are allocated, and 3). the proposed amenities of the Additional Building Height Program are accepted by the City Commission. These items are all being considered as other agenda items.

Downtowns with high pedestrian activity, successful shops and restaurants, and high qualify amenities typically depend on having an ample residential population within the downtown itself and in the immediate surroundings.  Projects such as this provide amenity-rich housing in close walking distance to local service and retail businesses reducing automobile dependency and providing a market for those businesses.  Additionally, a vacant, underutilized property would be redeveloped and a non-conforming eyesore would be removed though this project.

Applicable Codes:

Sec. 24-272. - Development review procedure.

The development review committee, which shall include an urban designer and any other designees assigned to the committee by the city, will review all development applications pertaining to any property located in the Downtown Mixed Use District for compliance with the provisions of this Article XX and its companion Oakland Park Downtown Mixed Use District Design Guidelines. The purpose of the review is to ensure that the requested modification is compatible with the desired character of the Downtown Mixed Use District and is consistent with the provisions of this Article and the Oakland Park Downtown Mixed Use District Design Guidelines.

(A) Process for development approval.

(1) Pre-application meeting. A developer or property owner shall submit a development application at least two (2) weeks before a scheduled development review committee meeting to be scheduled for a pre-application meeting on that date. The development review committee may provide oral or written comments on plans at the pre-application meeting.

(2) Formal development review committee meeting. A developer or property owner shall submit the complete development application at least two (2) weeks before a scheduled development review committee meeting to be scheduled for a formal development review committee meeting on that date. The development review committee (DRC) shall provide written comments on the development application at the scheduled meeting.

(3) Required developer response. The developer or property owner shall respond to the development review committee's comments within thirty (30) days of the formal development review committee meeting. The development review has a right to table development applications due to lack of response or incomplete response by a developer or property owner. An application may be reconsidered with a new development review fee with a written request after three (3) months of inactivity.

(4) Staff discretion. City staff has the sole discretion to hold a second formal development review committee meeting with the developer within two (2) weeks of receipt of the developer's modifications if the developer is deemed non-responsive to the development review committee's comments and or the submittal includes major amendments

(5) Revisions to approved site plan.

(a) Minor amendment: The development review committee, after receiving staff recommendations may approve "minor" changes and deviations from the approved site plan which are in compliance with the provisions and intent of this article, and which do not depart from the principal concept of the approved site plan. All other requested changes and deviations shall be referred to the city commission.

(b) Major amendment: The city commission may review and determine that requested changes and deviations from an approved site plan constitute a substantial alteration to the character of the development and thus require that the requested changes be subject to the same procedure as required for new application. Substantial changes would include alteration of the intensities, density, design, public amenities or modifications to minimum code requirements and approved conditions.

(6) Final approval. City staff shall report to the planning and zoning board and city commission on site plans reviewed by the development review committee submitted for development and redevelopment in the Downtown Mixed Use District.

(a) Planning and zoning board consideration. City staff shall report on the development review committee's comments at the first possible planning and zoning board meeting. The planning and zoning board will determine if the site plan meets the standards and requirements of the Oakland Park Land Development Code. The planning and zoning board will forward its recommendation to the city commission.

(b) City commission consideration. The city commission reserves the right to schedule and to hold a formal hearing within forty-six (46) days of the planning and zoning board's review of the development review committee's comments. If no formal hearing is scheduled within the forty-six (46) days, development may proceed as approved by the development review committee.

(B) Development applications. Applications shall be accompanied by site plans and exhibits, as appropriate for the permit requested, prepared by design professionals (e.g., architects, landscape architects, engineers, etc.) that include, at minimum, the following plus any additional material required by the Oakland Park Downtown Mixed Use District Design Guidelines:

(1) Lot lines and setbacks.

(2) Gross and net acreage.

(3) Total square footage of all land uses.

(4) Total number of dwelling units.

(5) Location, shape, size, and height of existing and proposed building construction and landscaping.

(6) Amount of building coverage at ground level, in square feet and as a percentage of the total site.

(7) Typical floor plans and elevations of all structures, including total gross square foot area of each floor and all dimensions relating to the requirements of this article.

(8) Location, size and total amount of open space, if applicable.

(9) Total amount of paved area in square feet and percentage of entire site.

(10) Location of on-street and off-street parking, loading facilities and all utilities.

(11) Location and dimensions of proposed parking and service areas, including typical parking space dimensions and/or narrative regarding payment of in-lieu fee for parking.

(12) Proposed means of vehicular and pedestrian access from the site(s) within the development to adjacent streets and/or alleys, showing all proposed or existing curb cuts and sidewalks.

(13) Adjacent roadway widths (paved right-of-way), including elevation of road plus any dedications required by the city.

(14) Location, shape, and size of signage.

(15) Indication of any site or building design methods used to conserve energy and/or water.

(16) Indication of any site or building design methods used to incorporate the principals of crime prevention and public safety through environmental design ("CPPSTED"), as set forth in City Resolution No. R-95-46.

(17) Location and method of screening of refuse stations, storage areas and off-street loading areas. Refuse collection areas; dumpsters and recycling containers shall be placed on a twelve-foot by twelve-foot concrete pad with a twelve-by-six-foot apron of three thousand (3,000) PSI concrete. All containers must be enclosed as prescribed in subsection 24-265(D)(1) of the Oakland Park Land Development Code.

(18) Conceptual landscape plans including trees/palm massing, landscape areas, and parking landscape treatment.

(19) Location and method of buffering from adjacent residential zoning districts.

(20) Proposed or existing utility easements or fire hydrants and distance to structures.

(21) Location and method of stormwater retention or detention.

(22) Schematic engineering drawing, which included an outline of the plan to provide water, sewer, roads, and drainage for the proposed project. This plan shall be a preliminary conceptual design signed and sealed by a registered engineer attesting that the public infrastructure planned will be in accordance with all federal, state, and local regulations. At minimum the drawing shall contain the following: Utility pipe sizes, (lengths, material, and preliminary locations), roadway cross-section (width, depth of base and subgrade), typical sections across property lines, and offsite utility and roadway public infrastructure necessary to serve the site. The information contained on the schematic engineering drawing must be reviewed and approved by the public works department.

(23) Method of maintaining any common or joint use area.

(24) Design data as may be needed to evaluate the project such as:

(a) Building elevation.

(b) Samples of materials including roofing tiles, pavers, exterior paint, or exterior materials.

(c) Drawing or images of street furniture.

(d) Detailed drawings of signage and wayfinding.

(25) If buildings in the proposed development are over three (3) stories, site plans, appropriate exhibits and narrative regarding participation in the building height incentive program shall be provided.

(26) The city may ask for additional documentation and studies as necessary. The costs of such document and studies shall be born by the property owner.

(Ord. No. O-2004-030, § 2, 12-1-04)

The Planning and Zoning Board consider Development Review approval for construction of a mixed use building at 3301 North Dixie Highway.  The decision of the Planning and Zoning Board will be provided in a report to the City Commission. If the City Commission does not elect to hear the item, this Board's decision is final, subject to the decisions of the City Commission on the additional agenda items related to this application.