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Home My WebLink AboutO-2006-032 LPA-Proportionate Share ORDINANCE NO. 2006-032 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 29 "LAND DEVELOPMENT," ARTICLE II "DETERMINING CONSISTENCY WITH THE CITY/COUNTY COMPREHENSIVE PLAN", TO ADOPT BROWARD COUNTY METHODOLOGY FOR COMPLIANCE WITH CHAPTER 163.3180, FLORIDA STATUTES, WITH REGARD TO TRANSPORTATION PROPORTIONATE FAIR SHARE MITIGATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the 2005 Florida State Legislature adopted amendments to the state growth management program which directed local governments to enact concurrency management ordinances by December 1, 2006, to allow for transportation proportionate share contributions from developers towards transportation concurrency requirements; and WHEREAS, Section 11.01 of the Broward County Charter provides the County with authority over municipal land use planning; and WHEREAS, Section 5-182(a)(5)a) of the Broward County Land Development Code provides that development within the City is subject to the County's land use planning review; and WHEREAS, the City is located entirely within a Transit Oriented Concurrency District in which the transportation proportionate share mitigation requirement has been previously satisfied; and WHEREAS, pursuant to Chapter 29, Article II of the City's Code of Ordinances, roadway levels of services within Transit Oriented Concurrency Areas are maintained and administered in accordance with the requirements of Section 5-182(a)(5)a) of the Broward County Code of Ordinances, through the calculation and assessment of Transit Concurrency Assessments on new development; and WHEREAS, to meet the requirements of the 2005 legislative amendments, the City seeks to incorporate by reference Section 5-182(a)(5)a) of the Broward County Land Development Code, as revised, in order to comply with the requirements of transportation proportionate fair share mitigation pursuant to Chapter 163.3180, Florida Statutes; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Intent. That the preceding Whereas clauses are ratified and incorporated as the legislative intent of this Ordinance. Section 2. Adoption of proportionate fair share requirement of Chapter 163.3180, Florida Statutes. That Chapter 29 "Land Development," Article II "Determining Consistency with the City/County Comprehensive Plan," is amended as follows: ARTICLE 2. DETERMINING CONSISTENCY WITH THE CITY/COUNTY COMPREHENSIVE PLAN ® 0 • (e) Concurrency monitoring system. • • o (8) Compliance with proportionate fair share requirements of Chapter 163.3180 Florida Statutes. In compliance with the transportation proportionate fair share requirements of Section 163.3180 Florida Statutes, determination of an applicant's fulfillment of transportation concurrency requirements under the City and County comprehensive plans shall be made, and Transit Concurrency Assessments shall be imposed in accordance with the methodology provided for Transit Oriented Concurrency Districts in Section 5-182(a)(5)a) of the Broward County Code of Ordinances. o m • Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this Ordinance are repealed to the extent of such conflict. Section 4. That if any section, clause, sentence or phrase of this Ordinance 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 this Ordinance shall be in force and take effect immediately upon its passage and adoption. 2 ORDINANCE 42006-032 ® PASSED on first reading on October 24, 2006. PASSED AND ADOPTED on second reading on November 14, 2006. PATRICIA FLURY MAYOR-COMMISSIONER AP n,j_t A� ,,>_) LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: T14OMAWJJAN§j3RO CITY ACTT' RNEY 3 ORDINANCE#2006-032 CITY OF DANIA BEACH Agenda ItemI -gap,%" # ®' � ® Agenda Request Database Date of Commission Meeting: 11/14/2006 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑X Award Bid /RFP ❑ Presentation ❑ Continued from: ORDINANCE NO.2006-032 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,AMENDING THE CITY CODE OF ORDINANCES,CHAPTER 29"LAND DEVELOPMENT,"ARTICLE II"DETERMINING CONSISTENCY WITH THE CITY/COUNTY COMPREHENSIVE PLAN",TO ADOPT BROWARD COUNTY METHODOLOGY FOR COMPLIANCE WITH CHAPTER 163.3180,FLORIDA STATUTES,WITH REGARD TO TRANSPORTATION PROPORTIONATE FAIR SHARE MITIGATION;PROVIDING FOR CONFLICTS;PROVIDING FOR ySyEVERABILITY;FURTHER PROVIDING FOR AN EFFECTIVE DATE. . lfscompllslaes � $ rs $ IXry.�' a �r> rah 23s ..,..s, 3b�., ..sw, .�.r 'E=s5: tti` ✓ a ng2equests G7P1LY ;y£ ws � � _ g� � :lows;, 41. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Proportionate Share Land Development Code Amendment (SECOND READING). � %'is �'��w'n ..✓'gal�&�-.�s��. ` � ��'r�zfrz '��khe�.� z�¥`z,, �."y rx�.r,�,ra„ +'s-��g '.�,��,�'�5+„i�'a �`r�n�t�t5 �.'� �� x,. Ordinance Staff Report Public Hearing Notice Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 • /� p� � _ �� 4 ,. ,}tom^ Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date P+t�C UseUN Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ • — CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: November 14, 2006 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director C SUBJECT: Proportionate Share Land Development Code Amendment (SECOND READING). The attached ordinance, prepared by the City Attorney, is required by Ch. 163, Florida Statutes to maintain the City's ability to amend the City Comprehensive Plan. CITY COMMISSION PREVIOUS ACTION On October 24, 2006 the City Commission recommended approval on first reading. PLANNING AND ZONING BOARD RECOMMENDATION On October 18, 2006 the Planning and Zoning Board recommended approval. STAFF RECOMMENDATION Approval. sun- mom Public Hearing Notices • 1 Nirv.3 NOTICE OF PUBLIC 1-iEAR1NG C'1"fY Of DANIA BEACii ORDINANCE 2006-032 NOTiC6 IS HEREBY GIVEN that a public hearing will be held before the City Commission,on Tuesday:November 14,2006,at 7:00 pm,or as soon thereafter its possible,in the Dania Beach City Commission Room,City Hall,100 West Dania Beach Blvd.,Dania Beach,Florida 33004.for the purpose of hearing any comments which might be made to the following:ORDINANCE NO.2006-032 AN ORDINANCE OF Tl1E CITY OF DANIA BEACH,FLORIDA,AMENDING TI IE CITY CODE:OF ORDiNANCE::S,CHAPTER 29?LAND DEVELOPMENT,?ARTICLE 11?DETERMINING CONSISTENCY Wl'I'H THE CITY/COUNTY COMPREHENSIVE PLAN?,TO ADOPT BROWARD COUNTY METHODOLOGY FOR COMPLIANCE WITH CHAPTER 163.3180,FLORIDA STATUTES,WITH REGARD TO TRANSPORTATION PROPORTIONATE,FAiR SHARE MITIGATION; PROVIDING FOR CONFLICTS:PROVIDING FOR SEVERABiLITY;FURTHER PROVIDING FOR AN EFFECTIVE DATE.Copies of the proposed amendment is available for viewing in the Community Development Department. 100 West Dania Beach Blvd.,Dania Beach,Florida between the hours of 8:00 a.m.and 4:00 p.m.,Monday—Friday please call(954)924-3645 for more information.Interested parties may appear at .the public hearing and be heard with respect to the proposed petition.In accordance with the Americans With Disabilities Act,persons needing assistance to participate in any of these proceedings should contact Louise Stilson,City Clerk, 100 W.Dania Beach Blvd,Dania Beach,FL 33004,(954)924-3622,at least 48 hours prior to meeting.Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to based.Lou Ann Cunningham Planning Associate November 3,2006 2• Nov.3 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH VA-71-06 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Planning and Zoning Advisory Board,on Tuesday.Novemeber 14,2006,at 7:00 p.m.,or as soon thereafter as possible,in the Dania Beach City Commission Room,City Hall, 100 West Dania Beach Blvd.,Dania Beach,Florida 33004,for the purpose of hearing any comments which might be made to the following:VA-71-06-Request submitted by Hold-Thyseen,Inc.management company representing property oNvner Janie M.Cobb,V.P.,Cabot 11,1nc.,for a variance to allow the installation of a 12 foot wall with barbed wire,which is associated with tenant requirements for Toyota Tsusho America,inc.Property located at 2200 SW 45 Street.(Chapter 28.Zoning,allows a maximum 6'wall).Property is legally described as:Tracts A&B,of the Don Tract,according to the plat thereof as recorded in plat book 113,at page 44,of the public records of Broward County,Florida.Copies of the proposed request is available for viewing in the Community Development Department,100 West Dania Beach Blvd.,Dania Beach,Florida between the hours of 8:00 a.m.and 4:00 p.m.,Monday—Friday please call(954)924-3645 for more information.Interested parties may appear at the public hearing and be heard with respect to the proposed petition.ln accordance with the Americans With Disabilities Act.persons needing assistance to participate in any of these proceedings should contact Louise Stilson,City Clerk, 100 W.Dania Beach Blvd,Dania Beach,FL 33004,(954)924-3622,at least 48 hours prior to meeting.Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which • record includes the testimony and evidence upon which the appeal is to based.Lou Ann Cunningham Planning Associate November 3,2006 3. Nov.3 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH PL-24-05 NOTICE 1S HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday,November 14,2006 at 7:00 pm or as soon thereafter as possible.in the Dania Beach City Commission Room, City Hall, 100 West Dania Beach Blvd.,Dania Beach,Florida 33004,for the purpose of hearing any comments which might be made to the following:Pl.,45-05:The applicant.Pedro Garcia,on behalf of the property owner RASP Developmentrfhe shops at Griffin,is requesting a perimeter plat for the property located at the south west comer of Griffin Road and Ravenswood Road.to allow for commercial use. ORDINANCE NO.2006-033-AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING T'HE'SHOPS AT GRIFFIN SUBDIVISION'PLAT,SUCH PROPERTY BEING GENERALLY LOCATED AT THE SOUTHWEST CORNER OF GRIFFIN ROAD AND RAVENSWOOD ROAD.IN THE CITY OF DANIA BEACH AND LEGALLY DESCRiBED IN EXHIBIT'A',A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;ACCEP`f'ING'fl-IE DEDICATION FOR PUBLIC USE OF ALI.STREETS-HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE'SHOPS AT GRIFFIN SUBDIVISION'PLAT:PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;FLLR'Ff IFR,PROVIDING FOR AN FITFECiIVE DATE.Property is legally described as:(Exhibit A)—A RF.,PLAT OF A PORTION OF TRACT 4 BLACK 1, IN THE NORTHEAST ONE-QUARTER(NE 1/4)OF SECTION 32,T'OW'NSI III>50 SOUTH,RANGE42 EAST;ACCORDING TO TFIE PLAT OF SECTIONS 28.29,31 AND 32 TOWNSIIIP 50 SOUTH,RANGE 42 EAST DADE COUNTY,FLORIDA.AS RIECORDED 1N PLAT BOOK 2,PAGE 32 OF TIIE PUBLIC RECORDS OF DADE COUNTY,FLORIDA. SAID LANDS SITUATED,LYING NAD BEING IN Tl IE CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA,AND CONTAINING 4.00 ACRES MORE:OR LESS.Copies of the proposed ordinance is available Im viewing in the Community Development Deparuent, 100 West Dania Beach Blvd.,Dania Beach,Florida between the hours of 8:00 a.m.and 4:00 p.m.,Monday—Friday please call (954) 924-3645 for more information.Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act,persons needing assistance to participate in any of these proceedings should contact Louise Stilson,City Clerk, 100 W. Dania Beach Blvd,Dania Beach,IT.,33004,(954)924-3622.at least 48 hours prior to meeting.Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record ofthe proceedings is made,which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate November 3,2006 4. Nov.3 NOTICE OF Pi IBL.IC:'I[FARING CITY OF DANIA BEACH VA-49-06 NOTICE IS I IEREB)'GIVEN that a public hearing will be held before the City Commission.on Tuesday, November 14.2006,at 7:00 p.m.,or as soon thereafter as possible,in the Dania Beach City Commission Room.City hall. 100 West Dania Beach Blvd., Dania Beach,Florida 33004.for the purpose of hearing any comments which might be made to the following:Request submitted by Sheryl Zvi,Land Planner with Consultech Development Services,Inc.on behalf of'property owner Regina Novaes Perim representing,Venezia Villas.LI.C.,for property located at 4432 SW`52nd Street.Dania Beach.The request is 6)r: VA-4c)-06-A variance to allow a driveway 22 foot wide driveway,(Chapter 28.Zoning,requires driveways to be 24 feet wide).Waiver-A waiver from the 40%pervious area requirement.(Chapter 28.Zoning Article 29.10. Impen ious land area requirements).SP-10-06-The above requests are in conjunction with a proposed site plan for the construction of an 8 unit town home project(Seminole Village). Property is legally described as:The south 100 tuet of,thc Lois 7,8,9 and 10,Block 5,13ro),vard Gardens,according to the plat thereof:as recorded in Plat Book 21,Page 48 of the public records nt'i3roward County,Florida,and the East 6 feet of the North 116 feet of Lot 8 and the West 44 feet of the North 1 I6 Iect of Lot 9, in Block 5.. Rroward Gardens,according to the Plat thereof,as recorded in Plat Book 21,Page 48 of the public records of Broward County, Florida.Subject to casement liar ingress and egress over and across the south 16 feet of the south 100 feet of Lots 7 to 15 inclusive.Block 5 of Broward Gardens.Copies of the proposed requests are available for viewing in the Community Development Department, 100 West Dania Beach Blvd..Dania Beach,Florida between the hours of 8:00 a.m.and 4:00 p.m.,Monday—Friday please call(954)924-3645 for more information. interested parties may appear at the public hearing and be heard with respect to the proposed petition.In accordance with the Americans With Disabilities Act,persons needing assistance to participate in any of these proceedings should contact Louise Stilson,City Clerk, 100 W. Dania Beach Blvd,Dania Beach,FL.33004,(954)924-3622,at least 48 hours prior to meeting.Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to based.Lou Ann Cunningham Planning Associate November 3.2006 5. Nov.3 NOTICE OF PUBLIC HEARING CiTY OF DANIA BEACH TX-41-06 RZ-51-06/SE-63-06 NOTiCE 1S HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday,November 14,2006 at 7:00 pm or as soon thereafter as possible,in the Dania Beach City Commission Room,City Hall, 100 West Dania Beach Blvd.,Dania Beach,Florida 33004,for the purpose of hearing any comments uvhich might be made to the following:Bonnie Miskel,Esq.,Ruden-McClosky,on behalf of the property owner WSSA Florida,LLC.,is requesting rezoning and site plan approval for a border patrol facility at property located on the east side of NE.7 Avenue between Taylor Road and Eller Drive. (Property is located east of[IS I and north of the Dania Cut-Off canal.)TX-41-06:Zoning Code Text Amendments to the IRO Zoning district to allow a U.S.Border Patrol Facility and Accessory Uses.ORDINANCE NO.2006-030-AN ORDINANCE.OF THE CITY COMMISSION OF THE CiTY OF DANIA BEACH,FLORIDA AMENDING ARTICLE 16,ENTITLED INDUSTRIAL-RESEARCH-OFFICE(IRO)DISTRICT OF CHAPTER 28 OF THE CITY CODE OF ORDINANCES,WHICH CHAPTER 1S ENTITLED ZONING"1-0 PROVIDE REGULATIONS APPLICABLE TO U.S.BORDER PATROL FACILITIES AND RELATED SHORT TERM DETENTION FACILITIES: PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.RZ-51-06:Zoning map change from Industrial General(IG)to Industrial Research Office(IRO).ORDINANCE NO.2006-031 -AN ORDINANCE OF THE CiTY OF DANIA BEACH,FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY BONNIE L.MISKEL OF RUDEN,MCCLOSKY, SMITH, SCHUSTER&RUSSELL,P.A.ON BEHALF OF JOHN E.SABTY,MANAGER OF WSSA FLORIDA,L LC.,FOR PROPERTY GENERALLY LOCATED ON'FIE EAST SIDE OF NE 7TH AVENUE BETWEEN TAYLOR ROAD AND ELI,ER DRIVE,IN THE CITY OF DANIA BEACH,FLORIDA,WHiCH PROPERTY IS LEGALLY DESCRIBED 1N EXHIBIT A,A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM IG(INDUSTRIAL GENERAL),TO IRO(INDUSTRIAL RESEARCH OFFICE),SUBJECT TO CERTAIN RESTRICTIONS;PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABIL ITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.5E-63-06—Special Exception request to allow U.S.Border Patrol facility in an Industrial Research Office(IRO)zoning district,including the following uses,when incidental and accessory to the facility:-Dog kennels;-indoor Holding cells;-Secure storage of illegal items and contraband seized by government authorities;- Automobile storage,service,and limited repair;-Storage and distribution of fuel;-Storage of weapons and ammunition;-Communications tower.The above request is in conjunction with a site plan request(SP-48-06)for a 30,000 square foot U.S Border Patrol facility and accessory uses.Property is legally described as:(Exhibit A)-THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTi IWEST QUARTER OF SECTION 26,TOWNSHIP 50 SOUTH,RANGE 42 EAST,BROWARD COUNTY, FLORIDA,LESS AND EXCEPTING THE WEST 100.00 FEET THEREOF FOR A FEE SIMPLE RIGHT-OF-WAY,PURSUANT TO AN ORDER OF TAKING BY THE STATE OF FLORiDA,DEPARTMENT OF"TRANSPORTATION,AS RECORDED IN OFFICIAL RECORDS BOOK 12137,PAGE 708.OF THE PUBLIC RECORDS OF BROWARD COUNTY..FLORIDA.Copies of the proposed requests are available for viewing in the Community Development Department, 100 West Dania Beach Blvd.,Dania Beach,Florida between the hours of 8:00 a.m.and 4:00 p.m.,Monday—Friday please call(954)924-3645 for more information.Interested parties may appear at the public hearing and be heard with respect to the proposed petition.In accordance with the Americans With Disabilities Act,persons needing assistance to participate in any of these proceedings should contact Louise Stilson,City Clerk, 100 W.Dania Beach Blvd,Dania Beach,FL 33004.(954)924-3622,at least 48 hours prior to meeting.Any person who decides to appeal any decision made by the Planning and Zoning Advisory Previous page •