The applicant requests use of the Additional Building Height Program to construct a five story building where the base permitted height is 3 stories, but where 5 stories is permitted through that program. An increase in density of three (3) additional units is also requested through the program.
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 on the top floor, as well as a rooftop deck. 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:
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Standard
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Required
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Proposed
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Status
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Minimum Landscape or Pervious Area
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5%
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18%
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Complies
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Front Setback (N. Dixie)
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10'
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12'
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Complies
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Side (north)
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10'
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10'
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Complies
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Side (NE 33 St)
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10'
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12’
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Complies
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Rear
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10'
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10’
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Complies
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Parking Spaces
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33 spaces
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35 spaces
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Complies
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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 requests approval 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.
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.
The project proposes a height of 68 feet with 5 stories. The height limit is 36 feet and 3 stories unless the applicant participates in the Additional Building Height Program in accordance with Section 24-269. Currently, the project’s ability to use the Additional Height Program is constrained by Sec. 24-269(E), which requires the applicant to assemble the entire block for a development project. There is another agenda item under consideration to remove this requirement from zoning regulations.
The developer provided a description of proposed amenities consisting of two public on-street parking spaces, a water feature, and an entry plaza provided to enable 2 additional stories and 29 feet of added building height. The public amenities are to be 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 for each story above three (3) stories. The applicant provided documentation regarding the cost of public amenities consisting of 2 on-street parking spaces, a water feature, and a pedestrian plaza from a certified engineer to city staff for review by the development review committee. Drawings of the water feature and plaza were provided showing an elliptical fountain with multiple small fountain jets on a flat surface in the center of a plaza at the corner of N. Dixie Highway and NE 33rd Street. The plaza contains benches and landscaping areas.
The value of the amenities is calculated as $48,957 by the applicant's engineer. The construction cost threshold for this project is $26,282. Staff has reviewed the proposed amenities and cost estimates and determined that the value of the amenities exceeds the required amount to qualify for additional height.
With the applicant's request for three bonus dwelling units, the criteria is met in that the project corresponds with the Community Redevelopment Plan providing mixed use and commercial areas in the Downtown. It complies with the Downtown Mixed Use District Design Guidelines. It also eliminates a nonconforming use by eliminating a construction yard and storage building. The Development Review Committee found that the proposed amenities meet the standards to permit use of the Additional Building Height Program.
Applicable Codes:
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)