Steven Tinsley, Assistant Director

Community and Economic Development Department

Issue Statement:  AKB Realty, LLC is requesting an Amendment to their Parking Waiver Agreement to enable a permanent parking waiver and include the removal of the specific use requirements required under their current Amendments. 

Recommended Action: The City Commission consider a Resolution authorizing the appropriate City official to execute a permanent Parking Waiver Agreement requiring no further conditions or requirements to remain in effect.

Background: 

• On September 10, 2014, the City of Oakland Park entered into a Parking Waiver Agreement with AKB Realty, LLC (Allied Kitchen and Bath), regarding parking for the future uses of their building at 3484-3498 NE 12th Avenue (Main Street). The parking agreement waived fee requirements under the Interim Regulations of the Downtown Mixed Use District section of the Land Development Code. The original agreement required the following improvements completed by September 2016:
  

1. Facade upgrades 
2. Conversion of the loading driveways on N.E. 12th Avenue to outdoor seating area and addition of five (5) new public parking spaces
3. New landscaping on the property and on the adjacent City owned property
4. Completion of the internal improvements with specified uses as set forth in Exhibit A of the agreement.  

 The total required parking for the four suites was 152 parking spaces.  The agreement waived the payment in lieu of onsite parking fee of $15,000 per parking space totaling $2,280,000.  

• First Amendment:  On September 21, 2016, the City Commission authorized the execution of a First Amendment to the Parking Waiver Agreement, extending the deadline for completion of tenant build-outs to September 30, 2018.

• Second Amendment:  On June 7, 2017, the City Commission authorized the execution of a Second Amendment to the Parking Waiver Agreement, allowing Suite A to be utilized for an Athletic Facility and eliminating the planned second-floor office. 

The uses were amended as follows:

Suite A – Athletic Club (changed from a Restaurant use)

Suite B - Restaurant Bar

Suite C - Showroom

Suite D - Restaurant Bar

• Third Amendment: On September 20, 2018, the City Commission authorized the execution of a Third Amendment to the Parking Waiver Agreement, extending the deadline for completion of tenant build-outs to July 31, 2020.

• Fourth Amendment: On July 22, 2020, the City Commission authorized the execution of a Fourth Amendment to the Parking Waiver Agreement, extending the deadline for completion of tenant build-outs to July 31, 2021.

• Fifth Amendment:  On April 21, 2021, the City Commission authorized the execution of a Fifth Amendment to the Parking Waiver Agreement, extending the deadline for completion of tenant build-outs to July 31, 2022. 

Per the current amended agreement, all improvements must be completed by July 31, 2022, or the parking associated with each tenant space not yet built out would be forfeited.

AKB Realty, LLC has submitted the attached letter requesting a permanent parking fee waiver and a request to be released from the use requirements of the above-listed suites.

*AKB Realty, LLC advised staff that the restaurant bar concept Park Place New American Kitchen, originally planned for Suite B was changed to Five Restaurant and Pie Bar. Permits have been issued for the interior build-out of the new restaurant-bar concept; however, the City has been advised that that tenant will not be completing the interior build-out.

Suite D was recently leased to Black Flamingo Brewery and is under construction for the build-out.

Neither Suite B nor Suite D has received a Certificate of Occupancy from the City.

The Original Parking Waiver Agreement identified a total of 152 parking spaces required and fees waived amounting to $2,280,000. 

In 2018, the Downtown Mixed Use District Parking Code was amended to provide a modified parking calculation and a fee reduction from $15,000 to $7,000 per parking space not provided. 

Should the waiver not be approved, based on OP3D Code and square footage provided in the First Amendment, the following would be the 2022 estimated fees for the suites that have not completed the internal improvements:

The City Commission consider a Resolution authorizing the appropriate City official to execute a permanent Parking Waiver Agreement requiring no further conditions or requirements to remain in effect.