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Home My WebLink AboutO-2014-005ORDINANCE NO.2O14-OO5 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO AMEND THE LAND DEVELOPMENT CODE BY AMENDING ARTICLE 810'IMPACT FEES" TO PROVIDE FOR ADOPTION OF A MITIGATION FEE PROGRAM ASSOCIATED WITH THE MITIGATION OF TRAFFIC IMPACTS ASSOCIATED WITH THE MODIFICATION OF PERMITTED USES WITHIN THE AREA DESIGNATED AS THE DANIA BEACH REGIONAL ACTIVITY CENTER C'RAC") BY THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN, AS OUTLINED IN TIIE BROWARD COUNTY LONG RANGE TRANSPORTATION PLAN ("LRTP"); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODEI PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 8, 2009, the City Commission of the City of Dania Beach amended its Comprehensive Plan to adopt a Regional Activity Center ("RAC") for the area that is designated as the City's Community Redevelopment Agency redevelopment are4 the geographic area depicted in the attached "Exhibit A" ; and WHEREAS, on September 28, 2010, the City amended the RAC Plan to include the addition of thirty (30) acres of Commercial Land Use and twenty (20) acres of Employment Center Land Use via Ordinance No. 2010-007; and WHEREAS, as part of the Broward Corurty Planning Council staff review of the amendment, adverse traffrc impacts were identified on the Regional Transportation System that are estimated to increase the number of P.M. Peak Hour Vehicle Trips at the long term planning horizon (2020); and WHEREAS, as a condition of the approval of the amendment, the Broward County Planning Council required the City to develop a traffic mitigation system for development within the RAC; and WIIEREAS, in satisfaction of this traffic mitigation condition, the City Commission of the City of Darda Beach adopted Resolution Number 2010-114, which committed to the development of a transportation mitigation impact fee of up to $1.8 Million Dollars for future development within the RAC; and WHEREAS, the purpose of this Ordinance is to amend Article 8l0 "Impact Fees" of the Land Development Code of the Code of Ordinances, to establish the fair share contribution payment schedule, which will be implemented for new development within the RAC, after the effective date of this Ordinance; and WHEREAS, the proposed fee schedule is based upon the available remaining development rights within the RAC, and will be assignable to and used toward traffic impacts of proposed development within the RAC, based upon the P.M. peak hour trips that those developments generate; and WIIEREAS, for the purposes of this program, the P.M. peak hour trips are based upon the Institute of Transportation Engineer's ("ITE") trip generation rates current at the date of the building permit application, and will be utilized to determine the fair share contribution payment at the time ofbuilding permit application for each individual project; and WIIEREAS, the maximum total impact fee amount of $1,800,000.00 is required to mitigate a maximum of 8 4,649 P.M. peak hour trips within the RAC; and WHER.EAS, the payment schedule that has been developed for the procedure provides for a fee of $21.26 per P.M. peak hour trip as the fair share contribution payment for traffic mitigation for projects within the RAC; and WIIREAS, firnds received by the City through the RAC Transportation Mitigation Impact Fee will be placed into a new RAC Traffic Mitigation Special Revenue Fund to be created by the City; and WIIEREAS, the fi.rnds collected by the City at the time of building permits through this pro$am shall be utilized for transit infrastructure improvements, programmed roadway improvements and pedestriar/geenway/bicycle improvements, or all of the foregoing and will be consistent with the Broward County 2035 Long Range Transportation Plan ("LRTP") and within the RAC boundaries; and WHEREAS, the Planning and Zoning Board, sitting as the City's local planning agency, has reviewed this Ordinance; and WHEREAS, a public notice was provided in accordance with Section 163.31801, F.S.; and WHEREAS, a public hearing was held before the City Commission pusuant to the published notice described above; and 2 ORDINANCE #20I4-OO5 WHEREAS, the City Commission finds that adoption of this Ordinance through its police powers will protect the public health, safety, and welfare of the residents of the City, and furthers the purpose, goals, objectives, and policies of the City's Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DAI\IA BEACH, FLORIDA: Section 1. That the preceding "Whereas" clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Section 2. That Article 810 "Impact Fees" of the City of Dania Beach Land Development Code is amended to read as follows: Section 810-70.Activitv Center Transoortation tion Imoact Fee. (A) Impacts to the regional transportation svstem within the Reeional Activitv Center /.P A s ComCi ive P I be miti thro,,-Lll -PAaCde Transportation Mitisation Imoact Fee.uoon a fair share contribution Da\ment schedule, for the mitigation orl transDortation imDacts associated with development within the RAC. (B) The amount ofa uired RAC Transoortation Mitisation Fee oavment shall be determined bv the number of to be senerated bv a oropo develoDment at the tlme of buildins oermit application.The amount of the fee shall be calculated based on RAC Trans rtation Mi on Im Fee sched which shall be resolution of the citv commlsslon. Section 3. All ordinances of the City of Dania Beach in conflict with any provislons ofthis Ordinance are repealed to the extent of such conllict. Section 4.That if any section, clause, sentence or phrase of this Otdinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. That the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Dania Beach, Florida" that the sections of the Ordinance may be renumbered or relettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section," "Article" or other appropriate word. 3 oRDtNANCE #2014-005 Section 6. That this Ordinance shall take effect immediately upon its passage and adoption. PASSED on first reading orMay 27,2014. PASSED AND ADOPTED on second reading on June 24,2014. ATTEST: [u/4 LOUISE STILSON, CMC CITY CLERK B. DT]KE. III MAY APPROVED AS TO CORRECTNESS: THO CITY ATT Y J 4 ORDINANCE #20I4-OO5 c4 M)