Alex Dambach, AICP

Planning Supervisor

Jennifer Frastai,

Engineering and Community Development Director

Case #CD17-23 RZ/P/Z “Ceiba Group Multi Family Residential" - An application by CG Oakland Park, LLC requesting Rezoning from B-2, General Business District and BP; Business Parking District to RM-16, Medium Density Multi-Family Residential for the vacant property located at the northwest corner of N. Dixie Highway and NE 58th Street and with additional frontage on NE 9th Avenue to enable a multi-family housing development on the site.

Legislative Action - At the request of the applicant this item was withdrawn from the September 20, 2018, meeting. 

Issue Statement: The applicant, CG Oakland Park, LLC, is requesting Rezoning Approval for the vacant property located at the northwest corner of N. Dixie Highway and N.E. 58th Street with additional frontage on N.E. 9th Avenue to enable a multi-family housing development on the site.  Under a separate agenda item, the Applicant is also requesting both parcels be unified under a new plat.  This item will be presented to City Commission during second reading of this rezoning request.

Recommended Action:  The City Commission consider the request for rezoning from B-2, General Business District and BP, Business Parking District to RM-16, Medium Density Multi-Family Residential for the vacant property located at the northwest corner of N. Dixie Highway and N.E. 58^th Street with additional frontage on N.E. 9^th Avenue to enable a multi-family housing development on the site.

The Planning and Zoning Board voted to recommend approval by a vote of 4 to 1 at its August 20, 2018 hearing with the following conditions:

• Inclusion of a Plat Note requiring that the applicant construct a left turn lane for eastbound traffic on N.E. 58^th Street at the intersection with N. Dixie Highway as a condition of plat approval; and
• The proposed exit on to N.E. 9 Avenue shall be closed during peak and school zone hours as a DRC condition. 
  
  

The Planning and Zoning Board also directed the applicant to thoroughly examine the possibility of creating access to this site directly from N. Dixie Highway. 

Description:  The subject property is located at the northwest corner of N. Dixie Highway and N.E. 58th Street with additional frontage on N.E. 9^th Avenue.  It consists of two vacant parcels and is an irregular-shaped site of approximately 6.60 net acres.

• Surrounding Properties:  Surrounding the site is a multi-family residential complex to the northeast, a single-family residential neighborhood to the west, a water tower to the northwest, James F. Rickards Middle School to the north, the Florida East Coast Railway and industrial buildings to the east, and the Broward Behavioral Health Hospital to the south. 

• Current Zoning: The southeastern parcel is zoned B-2, General Business, and it is unplatted.  The northwestern parcel is zoned BP, Business Parking.
• Future Land Use:  The entire site is designated in the Future Land Use Map as a Medium Density Residential Area for up to sixteen dwelling units per acre. 

Proposed Project:

Based on feedback from the Community and Planning and Zoning Board the Applicant modified their original site plan to include an exit only onto Dixie Highway.  The modified application proposes the following:

• 106 rental townhouses
• 92 three-bedroom dwelling units each ranging in size from 1,455 to 1,594 square feet.
• 14 four-bedroom dwelling units each with 1,895 square feet.
• A total of 14 townhouse buildings.
• All units would have 2-stories. 
• There would be 4 floorplans available. 

Site Amenities: The site would be developed as a gated community with a private roadway network.  Most of this roadway would be lined with back-out parking spaces.  The project includes:

• A Community Center (3,087 square foot) with an outdoor pool located near the entrance on N.E. 58^th Street.  It includes management offices, a business center, an exercise room, a meeting room, and a roof-top sundeck; 

• A high-capacity trash compactor proposed near the site entrance, close to the site’s western lot line, where a collection truck could access it directly from NE 58^th Street;

• Trash valet service for residents to collect garbage from all residential units and transport it to the compactor;  

• Parking would be at the front of each unit, and there would be a seven-foot deep open space with walkways, tree plantings, and small planting strips between the parking and each townhouse’s front wall.  Several parking spaces would have canopy covers creating a carport-like effect for those spaces; 

• Instead of private rear yards, there would be common open areas behind each building.  Most of these areas would be approximately 14 feet deep, but several would be approximately 30 feet deep; 

• Other open space at the overall site would consist of a 21’5” by 58’5” dog park, a 48’8” by 28’8” playground, small grass strips, tree plantings between parking spaces, and spaces between the sides of buildings.  

• The trash compactor compound is proposed to be positioned directly in the line of sight for drivers entering the property, as it would be in alignment with the entrance driveway. 

Traffic Circulation:

• The site’s vehicular entrance is at N.E. 58^th Street. 
• This entrance includes a parking area for visitors, truck access to the trash compactor, and two entry lanes leading to the gate, one for residents with access credentials and one for guests. 
• Exiting from the Community will be from N.E. 58^th Street, N. Dixie Highway, or N.E. 9^th Avenue.
• The N.E. 9^th Avenue gate will also be accessible for emergency-only entrance access. 
• The N. Dixie Highway gate will be for exit-only.  Vehicles using this gate would only be able to turn right and travel south on that roadway. 
• As a recommended condition of plat approval, if granted, the applicant would be required to construct a new left turn lane on N.E. 58^th Street for traffic approaching N. Dixie Highway.  This lane is depicted on the current site plan.

N.E. 9^th Avenue: The Planning and Zoning Board recommended that the N.E. 9^th Avenue exit be closed as a condition of final site plan approval during peak and school hours.  

• Rickards Middle School hours are from 9:15 a.m. to 3:45 p.m.
• Peak traffic hours identified in the Traffic Study are: AM Peak: 7:15 a.m. – 8:15 a.m. and PM peak: 5:00 p.m. to 6:00 p.m.
• the Applicant is proposing that the gates be electronically programmed with the following times for closure pursuant to the Board’s request:

o   AM Closure: 7:15 a.m. to 9:15 a.m.

o   PM Closure: 3:45 p.m. 6:00 p.m.

Dixie Highway:  The Applicant was requested by the Planning and Zoning Board members to consider providing vehicular access directly from Dixie Highway into the site to reduce traffic on neighborhood streets.  After review by the Florida Department of Transportation, it was determined that an exit-only driveway could be added for right-turns only.  The applicant would need to modify the median on the roadway to prevent left turn movements and design the driveway to prevent vehicles from entering the site.     

Site Enclosure: The site is proposed to be fully enclosed by fences and walls.  Initially, the applicant proposed 8-foot-tall masonry walls to surround the entire site.  After review by staff and the Broward Sheriff’s Office, the Applicant has amended the site plan to provide for a decorative aluminum fence that would sit atop low retaining walls no taller than 1.5 feet with low hedges to be planted for screening.    The fence-wall combination would range in height from 5 to 6.5 feet along all site boundaries and frontages, as permitted.  This change addresses the BSO concerns about the potential for graffiti on blank cement walls adjacent to streets. 

Parking: The project is proposed to have 106 units of 3 and 4 bedrooms townhomes.  This has raised concerns during DRC review about the adequacy of parking for such high bedroom counts.  In response, the applicant reduced the number of units from an originally proposed 110 to 106 and added additional parking spaces, as compared to the original submittal. 

Parking is allocated as follows:

Outside Gates:

• Community Center: 6 spaces
• Entrance near dumpster enclosure: 2 spaces

Inside Gates:

• 2 spaces per unit: 212 parking spaces
• Additional parking spaces: 36 parking spaces

The Applicant provided the attached Parking Procedures statement.  The allocation of parking spots will be controlled through a parking permit program. Residents will receive their parking permit(s) at lease signing and these parking permits, through readers at the gate, will allow for access into the community through the vehicular entrance gate. Without the permit, a resident’s vehicle will not be granted access into the community.

Guest Parking: 

During office hours, all guests seeking vehicular access to the community will be required to check-in with the management at the lobby prior to entering the site. During office hours, each guest granted vehicular access to the site will receive a parking pass from management.  After office hours, guest access and parking would be managed through a registration process, which would involve an online application.   The resident will receive a unique passcode that will allow only their guest to enter the community for that night. There would be a limit on the number of nights a guest can enter the property per month.

Findings and Applicable Codes

The site is designated in the City’s Comprehensive Plan and in the Broward County Land Use Plan for Medium Density Residential Use for up to 16 dwelling units per gross acre and office uses for up to 50% of building floor area. The current B-2 Zoning for the southeast parcel permits office uses and permits apartments and residences only if they are above the ground floor.  Under current zoning this parcel could be developed for mixed-use office-residential development.  The current BP zoning for the northeast parcel only permits open parking lots, so non-parking related development is not possible without a rezoning. 

The applicant has agreed to several design adjustments during its DRC review process.  These include deepening the open space areas behind townhouses from 7 feet to 15 feet, providing a trash valet service to transport trash and recycling over the distance from the townhouses to the trash compactor, addition of a dog park, adding decorative elements to the dwelling units, and using perimeter fencing and landscaping instead of 8’ tall cement walls along public streets.  

There remains concern about the arrangement of open space in the site’s layout even though the amount of open space provided meets minimum requirements.  There is also concern over the aesthetic of the proposed positioning of the trash compactor at the site’s entrance.  The City’s traffic consultant has also recommended that a new left-turn lane for vehicles traveling from NE 58^th Street to N. Dixie Highway would be warranted as a result of this development, which the Applicant has agreed to install.  

Development Review Committee: The site plan has been reviewed by the Development Review Committee, and it has been found to comply with the minimum standards under RM-16 zoning of the Land Development Code and would get approval if the site is rezoned and platted with the requirement that the Applicant provide a new left-turn lane for vehicles traveling from N.E. 58^th Street to N. Dixie Highway and/or any additional street improvements per the City’s traffic consultant.  The Planning and Zoning Board recommended that should the plat be approved that this requirement be noted on the plat.

RM-16 Zoning Requirements

Comprehensive Plan Findings:

Objective 3.5 Protect the viability of residential neighborhoods.

Policy 3.5.1 Reject rezoning and variance applications that could be detrimental to

neighborhood viability and stability. Items to be considered during the rezoning

or variance process include, but are not limited to, compatibility and types of

uses, building placement, mass and scale, lighting and noise conditions, traffic

patterns, hours of operation, and buffering and aesthetics.

Land Use Implementation Sec 3.02.A.8.d) Space within residential buildings in areas designated for Medium (16) Residential density may be used for offices, as long as no more than 50% of the floor area is used for offices.

Land Development Code Findings:

§ 24-32 - RM-16: Multifamily Residential District.

(A) Purpose. RM-16 zoning is established for low density multifamily dwelling units at a density not to exceed 16 dwelling units per gross acre.

(B) Uses permitted.

(1) Any use permitted in an R-1 and R-2 District.

(2) Townhouses and rowhouses.

(3) Multifamily dwelling.

(4) Boarding house or bed and breakfast with not more than four (4) rental rooms.

(5) Parking structure to serve the development.

(6) Community residential homes, subject to section 24-71 and the definition in article XVIII, and separated from any other community residential home by a radius of at least 1,200 feet and from any single-family residential district by 500 feet.

(7) Community care facility as a conditional use subject to section 24-165.

(8) Rooming house with not more than four (4) rental rooms.

(9) Child care facility/center as defined in article XVIII and F.S. 402.302. Child care facilities/centers must be separated by a radius of at 800 feet.

(C) Building site area.

(1) Single-family residential use: Minimum 6,000 square feet and 60 feet in width.

(2) Other residential uses: See (E) below.

(3) Nonresidential uses: Minimum 10,000 square feet and 100 feet in width.

(D) Building site coverage and green space.

(1) Maximum coverage by buildings: 40%.

(2) Minimum landscaped or pervious: 30%.

(a) A maximum of 33% percent of the required green space may be devoted to recreational areas such as swimming pools, tennis courts, walkways or patios.

(b) No more than 50% percent of the required green space may be water.

(E) Density. Maximum of 16 dwelling units per gross acre. A community residential home shall count as two (2) dwelling units and each two (2) sleeping rooms in a community care facility shall count as one (1) dwelling unit.

(F) Yard setbacks. Every plot upon which a building or structure is erected shall have:

(1) Front yard: 25 feet.

(2) Side yards:

(a) Residential uses: 7.5 feet.

(b) Nonresidential uses: 25 feet.

(3) Street side yards: 15 feet.

(4) Waterway side yard: 15 feet.

(5) Rear yard:

(a) Residential uses: 15 feet.

(b) Nonresidential uses: 25 feet.

(G) Building height limits. Three (3) stories with a maximum of 35 feet.

(H) Minimum floor area. The minimum floor area of each dwelling unit in the following shall be:

(1) One-family dwelling: 1,100 square feet.

(2) Two-family dwelling: 550 square feet.

(3) Multifamily dwelling: 550 square feet.

(4) Sleeping room for rental purposes, not including bathrooms, toilets, closets, or similar appurtenances, in a boarding house or rooming house: 120 square feet.

(I) Parking. There shall be not less than two (2) parking spaces for each dwelling unit.

(J) Supplemental regulations. See article V for supplemental regulations.

§ 24-35. - BP: Business Parking District.

(A) Purpose. To strike a balance between the need for parking to serve commercial development and the need of the residents of adjacent residential neighborhoods to enjoy peace and quiet free from traffic noise and hazard. A site plan shall be required in conformance with article XII.

(B) Uses permitted. Open parking lots for automobiles of the patrons, owners or employees of the adjacent commercial buildings as specified on the site plan.

(C) Uses prohibited. Parking for establishments which:

    (1) Sell alcoholic beverages.

    (2) Sell food.

    (3) Have a room for public assembly holding more than 100 people.

(D) Hours of operation. Vehicles may be parked only from 7:00 a.m. to 10:00 p.m.; tow-away signs shall so indicate.

(E) Site plan and landscaping requirements. A site plan shall be approved in accordance with article XII and shall demonstrate adequate access, circulation, channelization, landscaping and buffers. In addition to the landscaping provisions of article VIII, the following shall be required:

    (1) A landscaped setback of ten (10) feet from any public right-of-way.

    (2) A six-foot wall at the property line abutting any residential property with a     landscaped setback of 15 feet inside the wall.

    (3) A five-foot landscaped setback abutting any nonresidential property.

(F) Deed restriction. A restrictive covenant shall accompany the development permit application whereby the owner of the parcel provides that in no event shall the property to be zoned as business parking be sold, leased or utilized separate and apart from the businesses to be served unless said parking area is rezoned and developed for residential purposes provided, however, that the business parking area does not contain parking spaces designated as required parking for specified business.

§ 24-38. - B-2: General Business District.

(A) Purpose. The B-2: General Business District is intended to apply to certain arterial streets where business establishments may be located to serve large sections of the city and adjacent areas. Such businesses need a conspicuous and accessible location convenient for motorists. Uses are particularly oriented toward meeting the full-service needs of city residents, including repair of small articles, but not of a "heavy" commercial nature. A site plan is required in accordance with article XII.

(B) Uses permitted.

    (1) Uses as specified for this district in the master business list.

    (2) Limitation of permitted uses: All activities of permitted uses, including sale,     display, preparation and storage shall be conducted entirely within a completely     enclosed building except for:

         (a) Automobile parking lots.

         (b) Boat retail sales subject to approval as a conditional use.

         (c) Drive-in banks.

         (d) Gasoline service stations, subject to approval as a conditional use and the          provisions of section 24-74.

         (e) Golf driving range.

         (f) Plant nursery enclosed by a vision-obscuring fence.

         (g) Outdoor restaurants as an accessory use to an enclosed restaurant or               drive-in restaurant, see subsection (3) below.

    (3) Restaurants.

         (a) Outdoor seating area, as an accessory use to an enclosed restaurant shall          not exceed 49% of the total gross floor area of the interior customer service          area.

         (b) Drive-in restaurant outdoor seating shall be limited to 25% of the gross               floor area of the building.

(C) Building site area. 100 feet in width and 125 feet in depth except for those lots platted prior to December 29, 1984.

(D) Building site coverage and green space. 25% of the site shall be landscaped or pervious.

(E) Residential density. 16 dwelling units per acre in accordance with sections 24-41(D)(2), Master Business List and 24-72, Reserve Units.

(F) Maximum floor area ratio (FAR): 1.0 FAR.

(G) Setbacks and bufferyards. Except for driveways, sidewalks and rear yards, all setbacks shall be landscaped or pervious.

    (1) Front:

         (a) 25 feet if 300 feet or more in depth, ten (10) feet if less than 300 feet in               depth.

         (b) 25 feet when a residential district is across the street with the first ten (10)          feet landscaped unless the parcel is 300 feet in depth in which case the entire          setback shall be landscaped.

         (c) Fences and walls: ten (10) feet; hedges or trees: seven (7) feet.

    (2) Side: 15 feet where B-2 District directly abuts a residential district.

    (3) Corner:

         (a) Ten (10) feet abutting on the side street, alley or waterway.

         (b) 25 feet when a residential district is across the street with the first ten (10)          feet landscaped.

         (c) No fence, wall, hedge, tree, structure or parking space shall be erected or          allowed to obstruct vision within 30-foot clear sight triangle at the corner of the          property.

    (4) Rear: 15 feet where a B-2 District is separated by an alley or waterway from a     residential district or where a B-2 District abuts a residential district.

(H) Building height limit.

      (1) 100 feet.

      (2) Any building over 50 feet:

         (a) The front yard setback must be at least one-half (½) of building height;               side and rear setbacks must be at least one-third (1/3) of building height; in no          case less than (G) above.

         (b) Where the building site is adjacent to a residential district, the setback               shall be at least the height of the building.

(I) Other regulations. See also articles V (Supplemental Regulations), VI (Parking), VIII (Landscaping) and XI (Signs).

§24-166 - Other Development Application Reviews

(B)      Rezoning.  Amendments to the zoning map or district regulations in article III shall be made in conformance with F.S. Ch. 166, and the City Charter with recommendation by the planning and zoning board and approval by the city commission. See also article XVII.