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HomeMy WebLinkAboutO-2002-022 ORDINANCE NO. 2002-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE DEVELOPMENT ORDER FOR THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT ADOPTED BY CITY OF DANIA ORDINANCE NO. 20, AS AMENDED BY CITY OF DANIA ORDINANCE NO. 04-84, CITY OF DANIA ORDINANCE NO. 22-84, CITY OF DANIA ORDINANCE NO. 05-87, CITY OF DANIA ORDINANCE NO. 02-88, CITY OF DANIA ORDINANCE NO. 23-90, CITY OF DANIA ORDINANCE NO. 47-91, CITY OF DANIA ORDINANCE NO. 04-96, CITY OF DANIA BEACH ORDINANCE NO. 2000-017 AND CITY OF DANIA BEACH ORDINANCE 2000-051, TO MODIFY CERTAIN CONDITIONS RELATING TO THE DEVELOPMENT OF THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT AND TO MODIFY THE PHASING SCHEDULE DESCRIBED IN THE DESIGN CENTER OF THE AMERICAS APPLICATION FOR DEVELOPMENT APPROVAL; PROVIDING THAT ALL TERMS AND CONDITIONS OF THE DEVELOPMENT ORDER SHALL REMAIN IN FULL FORCE AND EFFECT, EXCEPT AS AMENDED BY THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach, Florida, previously adopted a Development Order (the "Development Order") by Ordinance No. 20 on September 13, 1983, approving with conditions the Application for Development Approval for the Development,of Regional Impact known as the Design Center of the Americas; and WHEREAS, the Development Order was subsequently amended by City of Dania Ordinance No. 04-84, adopted on April 24, 1984, City of Dania Ordinance No. 22- 84, adopted on September 25, 1984, City of Dania Ordinance No. 05-87, adopted on April 14, 1987, City of Dania Ordinance 02-88, adopted February 9, 1988, City of Dania Ordinance No. 23-90, adopted on May 8, 1990, City of Dania Ordinance No. 47-91, adopted on December 17, 1991, City of Dania Ordinance No. 04-96, adopted on April 1 ORDINANCE NO. 2002-022 23, 1996, City of Dania Beach Ordinance No. 2000-017, adopted April 25, 2000, and O City of Dania Beach Ordinance No. 2000-051, adopted December 12, 2000; and WHEREAS, the Application for Development Approval approved by the Development Order, described a phasing schedule for the development of the Design Center of the Americas; and WHEREAS, such phasing schedule has been subsequently modified by amendments to the Development Order, the last modification being made by City of Dania Beach Ordinance No. 2000-051; and WHEREAS, the City of Dania Beach has received a request from the Developer of the Design Center of the Americas to amend the Development Order, as amended, in order to further modify the phasing schedule described in the Application for Development Approval; and ® WHEREAS, the City of Dania Beach has reviewed the proposed modification to the phasing schedule described in the Application for Development Approval pursuant to the criteria enumerated in Section 380.06(19), Florida Statutes, and has determined that the proposed modification is presumed to constitute a "substantial deviation" from the approved Development Order, as amended, but that evidence has been presented to overcome the presumption and, therefore, further Development of Regional Impact review is not required. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That the above recitals are true and correct and are incorporated herein by reference. • 2 ORDINANCE NO. 2002-022 Section 2.That a modification in the phasing schedule for development of the Design Center of the Americas Development of Regional Impact, as described in the Application for Development Approval approved by the Development Order, as amended, is hereby approved so that the phasing schedule shall now consist of the following: Design Center Hotel Operations Phase Showroom Office Rooms Begin End Beginning 1 261,111 s.f. 60,000 s.f. 250 1983 1985 1985 2 288,000 s.f. 1987 1988 1988 3 230,000 s.f. 90,000 s.f. After 11/30/2001* Prior to 7/1/96 11/30/2007** 11/30/2001* Prior to 11/30/2007** 4 220,889 s.f. After 11/30/2007 Prior to 7/1/98 11/30/2007 • Provided, however, that the Phase I Design Center Showroom Building may contain more than 261,111 square feet and the Phase 2 Design Center Showroom Building may contain less than 288,000 square feet, provided the combined square footage of the Phase 1 and 2 Design Center Showroom Buildings does not exceed 549,111 square feet. A copy of the approved Master Plan for the Design Center of the Americas DRI is attached hereto as Appendix 1. *As to Design Center Showroom **As to Office Section 3.That as modified hereby, all terms and conditions of the Development Order, as amended, shall remain in full force and effect. The phasing schedule for the Design Center of the Americas set forth in Section 2 above shall be utilized in determining whether any future change in the phasing schedule constitutes a substantial deviation pursuant to Section 380.06(19), Florida Statutes. Section 4.If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent • jurisdiction, such portion shall be deemed a separate, distinct and independent 3 ORDINANCE NO. 2002-022 provision and such holding shall not affect the validity of the remaining portions of this ordinance. Section 5.That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 6.That this ordinance shall be in force and take effect immediately upon its final passage and adoption. PASSED and ADOPTED on First Reading on the 14th day of May, 2002. PASSED and ADOPTED on Second and Final Reading on the 28th day of May, 2002. O RT H. CHUNN, JR. MAY R-COMMISSIONER AT EST: ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES CHARLENE JO N ON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO ORM AND CORRECTNESS: BY: T OMA I J. BRO C ITY/ATTO R N EY 4 ORDINANCE NO. 2002-022 This instrument was prepared by: Gerald L. Knight, Esq. HOLLAND & KNIGHT LLP One East Broward Boulevard Suite 1300 Fort Lauderdale, FL 33301 NOTICE OF ADOPTION OF DEVELOPMENT ORDER AMENDMENT NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach, Florida, adopted an amendment to the Development Order for the Design • Center of the Americas Development of Regional Impact on May 28, 2002. The original Development Order was adopted on September 13, 1983, and has been subsequently amended. The property covered by the Development Order is described as follows: A parcel of land lying in a portion of the East one-half (E1/2) of the Northwest one-quarter (NW1/) of Section 33, Township 50 South, Range 42 East being more particularly described as follows: COMMENCE at the NE corner of the NW/4 of said Section 33; Thence South 01°20'33" East along the East line of said NW1/, a distance of 67.66 feet to a point on the Southerly right-of-way line of GRIFFIN ROAD as described in O.R. Book 9455, Page 70, of the Public Records of Broward County, Florida, said point also being the POINT OF BEGINNING; Thence continue South 01°20'33" East, along said NWl/ line and the West lines of "HOLLYWOOD PALMS" plat and "RE- AMENDED PLAT OF HOLLYWOOD PALMS", Tract "A" plat, according to the plats thereof as recorded in Plat Books 10 and 36, i 1 Pages 65 and 46 respectively of the Public Records of Broward County, Florida, a distance of 2613.96 feet to the center of said Section 33 and a point on the North line of "TIGERTAIL GROVE RE SUBDIVISION", according to the plat thereof as recorded in Plat Book 30, Page 20 of said Broward County Records; Thence South 87°46'58" West, along the aforementioned North plat line and the South line of the Northwest - One-quarter of said Section 33, a distance of 568.84 feet to a point on the Easterly limited access right-of-way line of Interstate 95 (State Road No. 9) as shown on D.O.T. map section 86070-2403; Thence North 03°54'37" West, along the aforementioned right-of-way line, a distance of 233.13 feet to a point on the arc of a tangent curve to the left, concave to the Southwest; Thence Northerly and Northwesterly along the arc of said curve, and the aforementioned right-of-way line, an arc distance of (raving a radius of 5929.65 feet. and a central angle of 10036'26") 1097.76 feet to a point of tangency; Thence North 14°31'03" West, along the aforementioned right-of-way line, a distance of 778.32 feet; Thence North 09°49'17" West, along the aforementioned right-of- way line, a distance of 410.03 feet; Thence North 87°47'38" East, a distance of 185.51; Thence along a non-radially extended line (radial) bearing bears North 02°37'15" West) North 02012'22" West, a distance of 133.75 feet to a point on the arc of a non tangent curve to the right, concave to the South, and a point on a Southerly right-of-way line of said GRIFFIN ROAD: Thence Easterly along the arc of said curve and the aforementioned Southerly right-of-way line an arc distance of (having a radius of 2238.83 feet and a central angle of 00°24'53") 16.20 feet to a point of tangency; Thence North 87°47'38" East, along said Southerly right-of-way line, a distance of 673.41 feet to a point on the arc of a tangent curve to the right, concave to the South; Thence Easterly along the arc of said curve and said Southerly right-of-way line an arc distance of (having a radius of 563.96 feet and a central angle of 09°36'11") 94.52 feet to the POINT OF BEGINNING. The Development Order and amendments thereto may be examined in the office of the City Clerk, City of Dania, Florida. The Development Order, as amended, constitutes a land development regulation applicable to the above- described property. 1�4 Charlene Johnson, City Clerk J FTL1 #591818 vl . 2 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: 05/28/02 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—2ND READING ORDINANCE DESIGN CENTER OF THE AMERICAS (DCOTA) 3. COMMISSION ACTION BEING REQUESTED: GENERAL APPROVAL OF ITEM 4. SUMMARY EXPLANATION & BACKGROUND: Notification of Proposed change to amend the construction phasing schedule of the Design Center of the Americas' Development of Regional Impact. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Memorandum Ordinance Public Hearing Notice • 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds, AICP, Director Date May 20, 2002 Growth Management Department City Manager Date CITY OF DANIA BEACH INTER-OFFICE MEMORANDUM TO: Ivan Pato, City Manager ell G FROM: Laurence Leeds, AICP, Director Growth Management Department RE: Amendment to Development Order: DCOTA Development of Regional Impact DATE: May 28, 2002 The applicant has submitted a Notification of Proposed Change ("NOPC") to amend the construction-phasing schedule of the Design Center of the Americas Development of Regional Impact ("DRI"). The City Commission has approved similar time-extension amendments as follows: April 2000 Amendment: Approval to extend the buildout date of Phase 3 Showroom from November 30, 2000 to November 30, 2001. December 2000 Amendment: Approval to extend the buildout date for the Phase 3 Office Building from November 30, 2001 to November 30, 2002. The current development phasing program is as follows: Design Center Hotel Operations Phase Showroom Office Rooms Begin End Beginning 1 261,111 sq., ft, 60,000 sq. ft. 250 1983 1985 1985 2 288,000 sq., ft, 1987 1988 1988 3 230,000 sq. ft. 90,000 sq. ft. After 11/30101 Prior to 7/1/96 11/30/02 11/30/01 4 220,889 sq. ft 7/1/98 11/30/03 11/30/03 DCOTA DRI NOPC 5-1402doc.doc The proposed development-phasing program (changes in bold type) is as follows Design Center Hotel Operations Phase Showroom Office Rooms Begin End Beginning 1 261,111 sq., ft, 60,000 sq. ft. 250 1983 1985 1985 2 288,000 sq., ft, 1987 1988 1988 3 230,000 sq. ft. 90,000 sq. ft. After 11/30/01 Prior to 7/1/96 11/30/05 11/30/01 4 220,889 sq. ft 7/1/98 11/30/07 11/30/03 The only changes are as follows: Phase 3 Office Building buildout extended to 11/30/2005. ® Phase 4 Showroom Building buildout extended to 11/30/2007. STAFF RECOMMENDATION Approval as submitted. DCOTA DRI NOPC 5-1402doc.doc FOR1 RPNI-BSP-PROPCHANGE-i • STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF LOCAL PLANNING, 255; Shumard Oak Blvd. Tallahassee. Florida 32399 904.'488-492; NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes. requires that submittal of a proposed change to a previously approved DRI be made to the local government. the regional planni state land planning agency according to this form. ng agency. and the 1. I. Gerald L. Knight, the undersigned owner/authorized representative of Lauderdale Land Company. hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19). Florida Statutes. In support thereof, I submit the follo«•ing information concerning the Design Center of the Americas development. which information is true and correct to the best of my kno-vyledge. I have submitted today. under separate cover, copies of this completed notification to City of Dania Beach. to the South Florida Regional Planning Council. and to the Bureau of State Planning. g Department of Community Affairs. 4te Fgnature Note: If a response is to be more than one sentence, attach a • detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. • Applicant (name. address, phone). Lauderdale Land Company Design Center of the Americas c/o Mr. Warren Weiser Limited Partnership Continental Real Estate Companiesc/o James DPart 2665 South Bayshore Drive 1700 Stutz Dr., #25 anto Suite 1002 Troy, Ml -1808-t Miami, FL 33133 (305) 854-7342 (248) 649-4770 3. Authorized Agent (name, address, phone). Gerald L. Knight Holland & Knight LLP One East Broward Boulevard Suite 1300 Fort Lauderdale, FL 33301 (954) 525-1000 4. Location (City, County, Township/Range/Section) of approved DRI and proposed change. City of Dania Beach Br oward County Township 50 South, Range 42 East, Section 33 �. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands. commencement date, build-out date. development order conditions and requirements. or to the representations contained in either the development order or the Application for Development Approval. The proposed change consists of an extension of the buildout date ("End" and "Operations Beginning") of the office portion of Phase 3 of the development from 11/30/2002 to 11/30/2005, and Phase 4 of the wholesale showroom from 11/30/2003 to 11/30/2007. Indicate such changes on the project master site plan, supplementing with other detailed maps. as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. No change to project master site plan. Note: If a response is to be more than one sentence. attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. 6. Complete the attached Substantial Deviation Determination Chart for all land use IX-pe: approved in the development. If no change is proposed or has occurred.chan indicate no ge. See attached Chart. '. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e.. any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued ) If so, has the annexing local government adopted a new DRI development order for the project' 1) Ordinance No. 20 (September 13, 1983) — Original Development Order. 2) Ordinance No. 04-84 (April 24, 1984) — Revised requirement for energy conservation measures. 3) Ordinance No. 22-84 (September 25, 1984) — Revised phasing schedule. 4) Ordinance No. 05-87 (April 14. 1987)— Revised phasing schedule. 5) Ordinance No. 02-88 (February 8, 1988) — Revised phasing schedule. 6) Ordinance No. 23-90 (May 8, 1990)— Revised phasing schedule. 7) Ordinance No. 47-91 (December 17, 1991) — Revised phasing schedule (includes provision that new phasing schedule shall be utilized in determining whether anv future change in the phasing schedule constitutes a substantial deviation pursuant to Section 3809.06(19), Florida Statutes). 8) Ordinance No. 04-96 (Apr. 23, 1996)— Revised phasing schedule. 9) Ordinance No. 2000-17 (April 25, 2000) — Revised phasing schedule, reduced office square footage in Phase 3, and transferred showroom warehouse square footage from Phase 3 to Phase 4. 10) Ordinance No. 2000-051 (December 12, 2000) — Revised phasing schedule for the Office portion of Phase 3. There has been no change in local government jurisdiction. fi. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land. its size. intended use. and adjacent non-project land uses within !! mile on a project master site plan or other map. None. Note: If a response is to be more than one sentence. attach a • detailed description of each proposed change and copies o the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. 9. Indicate if the proposed change is less than 400io (cumulatively With other prex-ic,u; changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. N/A FD you believe this notification of change proposes a chance ich meets the criteria of Subparagraph 380.06(19)(e)2.. F.S. YES NO The change extends the buildout date of the Office portion of Phase 3 and the buildout date of Phase 4 of the wholesale showroom more than 7 years, and is therefore presumed to create a substantial deviation pursuant Section 380.06(19)(c), Florida Statutes. 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. portion of Phase 3 from 11/30/2002 to 11/30/2005, Yes. The proposed change results in an extension in the buildout date for the Office showroom from 11/30/2003 to 11/30/2007. and Phase 4 of the wholesale 1 1. Will the proposed change require an amendment to th plan? e local government comprehensive No. Provide the following for incorporation into such an amended development order. pursuant to Subsections 380.06 (15). F.S., and 9J-2.025. Florida Administrative Code: 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRl or development order conditions. No change to master plan. 13. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: Note: If a response is to be more than one sentence, attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. a. All proposed specific changes to the nature. phasing. and build-out date of the development: to development order conditions and requirements: to commitments and representations in the Application for Development Approval: to the acreai-,e attributable to each described proposed change of land use. open space. areas for preservation. green belts: to structures or to other improvements including locations. square footage. number of units: and other major characteristics or components of the proposed change: See attached Exhibit "I". b. An updated legal description of the property. if any project acreage is,has been added or deleted to the previously approved plan of development: N/A C. A proposed amended development order deadline for commencing physical development of the proposed changes. if applicable: N/A d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; N/A e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to doxyii-zoning, unit density reduction. or intensity reduction. if applicable: and N/A f. Proposed amended development order specifications for the annual report. including the date of submission. contents. and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7). F.A.C. N/A Note:. If a response is to be more than one sentence. attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. z ` z v J > � J Z U = rr _ :J — Z U .i (`1 L T7 � U Q U •C r Z I Z � r _v O � U L •L ,y c'3 O U C a` CZ C �✓ Gj cUs U y U CCJ � U r_Uy= v) U O 2py U CU U U n J 5 L � Cn Cs = < v C -vL �. y v d! 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C4 UJ cn w a) a� rn m N bA .� p O 00 00 Ct, ccz Op O C. c to L6 E o 00 m IN Q 7U) e-N'4 OV CV CV y c'3 ceCc a C . > a) 0 L Z C. 3 M c _ C cC > .r * 0~C r M Y 0 Cj *tz CI I Y VF'VANIA ULACH NOTICE IS HEREBY GIVEN that a public hearing will SUN - SENTINEL be held before the City Commission on May 25, PUBLISHED DAILY 2002 at 7:00 p.m., or as FORT LAUDERDALE BROWARD COUNTY, FLORIDA soon thereafter as possi- ble, in the City Commis- sionBOCA RATON PALM BEACH COUNTY, FLORIDA 'Center, ROOM,100AdministrativeWsn Center, 100 West Dania MIAMI, MIAMI DADE COUNTY, FLORIDA FloridaBeach Dania Beach, Blvd., lorida for the pur- pose of hearing any com- ments which mighttbe bei made to the following re- STATE OF FLORIDA quest: Notification of Proposed COUNTY OF BROWARD/PALM BEACH/MIAMI DADE change to amend the con- struction phasing sched-, BEFORE HE �I NEDAUTHORITY, PERSONALLY APPEARED uleof the Design center ofl the Americas' Develop- . � Prop of Regional Impact.li �i WHO, ON OATH, SAYS THAT reaProposed ordinances s as follows: HE] HE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED ANdORDINANCE OF THE! DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED CITY of DANIA BEACH FLORIDA, AMENDINGGTHE'THE' IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE DEVELOPMENT ORDER i' FOR THE DESIGN CENTER ATTACHED COPY OF ADVERTISEMENT, BEING A: OF THE AMERICAS DEVEL- OPMENT OF REGIONAL IM- PACT ADOPTED BY CITY ORDINANCES OF DANIA ORDINANCE NO. 20,AS AMENDED BY CITY OF DANIA ORDINANCE No. IN THE MATTER OF: DINANCETNOF 2-8 IA I Y OF DANIA ORDINANCE NO. 05-87, OF DANIAOrdinances DINANCETNO.02 89,CIO OF DANIA ORDINANCE NO. 23-90,CITY OF DANIA GR- IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE DINANCE NO.47-91, CITY OF NO. ISSUES OF: 04-96,NICITTYDICE OF NDANIA BEACH ORDINANCE NO. 2000.017 ANY CITY OF 5117 10904444 DANIA BEACH ORDINANCE 2000-051, TO MODIFY CERTAIN CONDITIONS RE- LATITO AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER ENNG OF THE DEVELOP- EDESIGN PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, CENTER MTHEAMERICAS DEVELOPMENT OF RE-_ AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY GIONAL IMPACT AND To PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, s HEIDULETHE DESCRIBEDrIN EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE THE DESIGN CENTER of THE AMERICAS APPLICA- ' ® POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, TION FOR DEVELOPMENT FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF THATOALL. TERMS PROVIDING AND ATTACHEDATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT CONDITIONS OF THE DLL VELOPMENTORDERSHALL HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR REMAIN IN FULL FORCE AND EFFECT, EXCEPT AS CORPORATION,ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE AMENDED BY THIS ORDI-I NANCPURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID SEVERA PROVIDING FOR; EVERABILITY;PROVIDING NEWSPAPERTHA�j� AND A LL E OI RESOLUTIONS PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS ONS NCONFLICT HEREWITH EREW TH BE TO THE (SIGNATURE OF AFFIANT) OFPSUCHDCONFL CT;TENT AND PROVIDING FOR AN EF- FECTIVE DATE. SWORN TO AND SUBSCRIBED BEFORE ME Copies of the proposed: ON: 17-May-2002 A.D. viewing in the available Growth Management Depart- ment, 100 West Dania Beach Blvd.,Dania Beach, Florida between the hours of 8:00 a.m.and 4:00 p.m., (SIGNATURE OF NOTARY PUBLIC) Monday-Friday.Interest- ed parties may appear at :'4•' ., T L.bezak the public hearing and be ara heard with respect to the :x W CONIMJSSION# DD024959 EXPIRES proposed petition. July 20, 2005 In accordance with the Americans With Disabili- eirdmsuenrrcE,INC. ties Act, persons needing assistance to participate in any of these proceed- (NAME OF NOTARY,TYPED, PRINTED, OR ySTAMPED) ings should contact Char- lene Johnson, City Clerk, 100 W.Dania Beach Blvd. 4. PERSONALLY KNOWN OR Dania Beach, -3 22, at and (954) 924-3622, at least 48 hours prior to meeting. PRODUCED IDENTIFICATION Any person who decides to appeal any decision made by the planning and • ,Zoning Advisory Board or 'the City Goarnlssion with regard to any matter con- sidered at this meeting on 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 in- cludes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Law Offices Annapolis Northern Virginia HOLLANM & KNIGHT LLP Atlanta Orlando Bethesda Portland Boston Providence Bradenton St.Petersburg Chicago San Antonio One East Broward Boulevard,Suite 1300 Jacksonville San Francisco O.Box 14070(ZIP 33302-4070) Lakeland Seattle P. Los Angeles Tallahassee Fort Lauderdale,Florida 33301 Melbourne Tampa Miami Washington,D.C. 954-525-1000 New York West Palm Beach FAX 954-463-2030 _ international01fices SzoPaulo f Caracas` Tel Aviv' www.hklaw.com - Helsinki Tokyo Mexico City JUN 6 _ ZOUZ t v U Rio de Janeiro "Representative Office June 5, 2002 BY: �._..___ = GERALD L.KNIGHT 954-468-7868 Internet Address: gknight@hklaw.com Ms. Charlene Johnson City Clerk City of Dania Beach 100 W. Dania Beach Boulevard Dania, FL 33004 Re: Notice of Adoption of Development Order Amendment ("Notice of Adoption") - Design Center of the Americas Dear Ms. Johnson: Enclosed please find the proposed Notice of Adoption for the Design Center of the Americas. If the Notice of Adoption is acceptable to you, kindly have it executed, place the City's seal on the document then return it to me for recording in the Public Records of Broward County, Florida. Thank you for your consideration. Very truly yours, HO4LN & 'NIGH i LLP By D L. KN T Enclosure FTL1#591947 vl Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 9.5 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE DEVELOPMENT ORDER FOR THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT ADOPTED BY CITY OF DANIA ORDINANCE NO. 20, AS AMENDED BY CITY OF DANIA ORDINANCE NO. 04-84, CITY OF DANIA ORDINANCE NO. 22-84, CITY OF DANIA ORDINANCE NO. 05-87, CITY OF DANIA ORDINANCE NO. 02-88, CITY OF DANIA ORDINANCE NO. 23-90, CITY OF DANIA ORDINANCE NO. 47-91, CITY OF DANIA ORDINANCE NO. 04-96, CITY OF DANIA BEACH ORDINANCE NO. 2000-017 AND CITY OF DANIA BEACH ORDINANCE 2000- 051, TO MODIFY CERTAIN CONDITIONS RELATING TO THE DEVELOPMENT OF THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT AND TO MODIFY THE PHASING SCHEDULE DESCRIBED IN THE DESIGN CENTER OF THE AMERICAS APPLICATION FOR DEVELOPMENT APPROVAL; PROVIDING THAT ALL TERMS AND CONDITIONS OF THE DEVELOPMENT ORDER SHALL REMAIN IN FULL FORCE AND EFFECT, EXCEPT AS AMENDED BY THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) • Laurence Leeds, Growth Management Director, advised that the Ordinance is a housekeeping matter that extends the phasing schedule and completion of the last office building through 2007. Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition, Mayor Chunn closed the public hearing. A motion was made by Vice-Mayor Flury, seconded Commissioner Bertino, adopting the Ordinance on second reading. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes Item 9.7 was heard after Item 9.5. Item 9.6 was heard after Item #4. 9.6 SA-102-99- Request by Kodner Galleries for Revised Building Elevation Plans for property located at 45 South Federal Highway. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REVISED SITE PLAN REQUEST SUBMITTED BY KODNER GALLERIES, FOR PROPERTY LOCATED AT 45 SOUTH FEDERAL HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. MINUTES 15 MAY 28, 2002 CITY OF DANIA BEACH