HomeMy WebLinkAboutO-2007-016 FPL Land Use Change ORDINANCE NO. 2007-016
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL
COMPREHENSIVE PLAN IN RESPONSE TO A REQUEST BY FLORIDA
POWER AND LIGHT, TO REDESIGNATE FROM "CONSERVATION" TO
"UTILITIES" CERTAIN PROPERTY GENERALLY LOCATED ON THE
EAST SIDE OF SE 5T" AVENUE, BETWEEN SE 3RD STREET AND SE 3RD
TERRACE (301 SE 5T" AVENUE), DAN IA BEACH AND LEGALLY
DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO
THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Daniel Habibe with Calvin Giordano and Associates representing the
property owner Florida Power and Light, has made an application to amend the local future land
use plan to replace the existing FPL Substation facility with a new substation; and
WHEREAS, the City Commission desires to approve such application;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the Future Land Use Element and Map is amended as described
below:
THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE
PLAN OF THE CITY OF DANIA BEACH, FLORIDA, IS AMENDED TO
REDESIGNATE FROM "CONSERVATION" TO "UTILITIES" CERTAIN PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF SE 5T" AVENUE, BETWEEN SE
3RD STREET AND SE 3RD TERRACE (301 SE 5T" AVENUE), DANIA BEACH AND
LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO
THIS ORDINANCE.
Section 2. 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 3. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 4. That staff shall submit this amendment to the Broward County Planning
Council for re-certification.
Section 5. That this Ordinance shall take effect immediately at the time of its
passage. However, this plan amendment shall not become effective until the conclusion of the
process and time frames set out in Section 163.3187(3)(a) of the Florida Statutes and re-
certification by the Broward County Planning Council.
PASSED on first reading on August 14, 2007.
PASSED AND RE-ADOPTED on second reading on March 25, 2008.
ALBERT C. JONES
MAYOR—COMMISSIO
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FORM ND RRECTNESS:
BY: �
THOMAS J. SBRO
CITY ATTO EY
2 ORDINANCE 42007-016
EXHIBIT `A'
Legal Description:
Legally described as: The West 472 feet of the North 316.04 feet of the Southwest Quarter
(SW 1/4) of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section
2, Township 51 South, Range 42 East, Broward County, Florida, Less and Except the West
35 feet thereof, and less and except therefrom that certain portion conveyed to the City of
Dania, a municipal corporation of the State of Florida, by Quit Claim Deed dated January
31, 1958 recorded May 20, 1958 in Official Records Book 1227, Page 19, of the public
Records of Broward County Florida. Said lands situate in Broward County, Florida and
containing 130,601 square feet (2.998 acres) more or less.
3 ORDINANCE#2007-016
ORDINANCE NO. 2007-016
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL
COMPREHENSIVE PLAN IN RESPONSE TO A REQUEST BY FLORIDA
POWER AND LIGHT, TO REDESIGNATE FROM "CONSERVATION" TO
"UTILITIES" CERTAIN PROPERTY GENERALLY LOCATED ON THE
EAST SIDE OF SE 5TH AVENUE, BETWEEN SE 3RD STREET AND SE 3RD
TERRACE (301 SE 5TH AVENUE), DANIA BEACH AND LEGALLY
DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO
THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Daniel Habibe with Calvin Giordano and Associates representing the
property owner Florida Power and Light, has made an application to amend the local future land
use plan to replace the existing FPL Substation facility with a new substation; and
WHEREAS, the City Commission desires to approve such application;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the Future Land Use Element and Map is amended as described
below:
THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE
PLAN OF THE CITY OF DANIA BEACH, FLORIDA, IS AMENDED TO
REDESIGNATE FROM "CONSERVATION" TO "UTILITIES" CERTAIN PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF SE 5TH AVENUE, BETWEEN SE
3RD STREET AND SE 3RD TERRACE (301 SE 5TH AVENUE), DANIA BEACH AND
LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO
THIS ORDINANCE.
Section 2. 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 3. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 4. That staff shall submit this amendment to the Broward County Planning
Council for re-certification.
Section 5. That this Ordinance shall take effect immediately at the time of its
passage. However, this plan amendment shall not become effective until the conclusion of the
process and time frames set out in Section 163.3187(3)(a) of the Florida Statutes and re-
certification by the Broward County Planning Council.
PASSED on first reading on August 14, 2007.
PASSED AND ADOPTED on second reading on September 25, 2007.
OB ANT
MAYOR— OMMISSIONER
ATTEST:
LOtf1SE STILSON, CMC
CITY CLERK
APPROVED AS TO F AND CORRECTNESS:
BY:
TH MAS . A SBRO
CITY ATTORNEY
2 ORDINANCE#2007-016
EXHIBIT `A'
Legal Description:
Legally described as: The West 472 feet of the North 316.04 feet of the Southwest Quarter
(SW 1/4) of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section
2, Township 51 South, Range 42 East, Broward County, Florida, Less and Except the West
35 feet thereof, and less and except therefrom that certain portion conveyed to the City of
Dania, a municipal corporation of the State of Florida, by Quit Claim Deed dated January
31, 1958 recorded May 20, 1958 in Official Records Book 1227, Page 19, of the public
Records of Broward County Florida. Said lands situate in Broward County, Florida and
containing 130,601 square feet(2.998 acres) more or less.
3 ORDINANCE#2007-016
City of Dania Beach, Florida
Department of Community Development
Planning and Zoning Division
General Development Application (934)9243645
❑ Administrative Variance
❑ Assignment of Flex/Reserve Units
M Land Use Amendment y,
U Plat
❑ Plat Delegation Request i
❑ Rezoning 12 2001 Date Rec'd: (O 3 0-]
❑ Site Wan
❑ Special Exception Petition No.: -u�3$-07
❑ Special Request ! '• !l
❑ TraMcwayWaiver
❑ Variance --- ----
❑ Vacation Request
❑ Other.
THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH
ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required
Documentation"checklist to determine the supplemental documents required with each application,
For after the fad applications, the responsible contractor of record shall be present at the board hearing.
Their failure to attend may Impact upon the disposition of your application. As always, the applicant or
their authorized legal agent must be present at all meetings. All projects must also obtain a building
permit from the aty's Building Department.
Location Address: _301 SE 5th Ave. Dania Beach, FL 33004
Lot(s): Block: Subdivision:
Recorded Plat Name: N/A
Follo Number(s): 514202000040 _ Legal Description: 2.51-42 W472 ofN316 of SW 1/4
of NW 1/4 of NW 1/4 less W 35 for ST & less PTIN or 1227/19 for ST.
Applicant/Consultant/Legal Representative (circle one)Daniel Habibe - Calvin Giordano Associates, Inc.
Address of Applicant: _ 1800 Eller Drive, Suite 600, Fort Lauderdale, FL 33316
Business Telephone: .954-921-7781 Home: Fax: 954-921-8807
Name of Property Owner: _Florida Power& Light, CO (FPL) (Contact: Bruce Barber)
Address of Property Owner: P O Box 1400 PDP/J13 Juno Beach FL 33,101
Business Telephone: 561-694-4093 Home: Fax: 561-694-4283
Explanation of Request: _Change in Land Use from Conservation to U t i I i ti r S
Prop. Net Acreage: 0.92AC Gross Acreage: 2.99AC Prop. Square Footage:
Existing Use: Unmanned Electrical Proposed Use:Unmanned Electrical Distribution
Distribution Substation Sub. SUUsTaTi-o—n-Fu
Is property owned individually, by a corporation, or a joint venture? —FPL Cor
I understand that site plan approval automatically expires within 12 months of City
Com fission approval, pursuant to Ordinance No. 2005-040.
lb o. i t l A ►o i lg e /y 1.c04
Applicant/Owner signature Print Name Date
APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Swornto and subscribed before me Appllcant/Consultant/Representadve:
This day of 41N{cam Zpjj[�
.. Signature:-
1 _ Date:_
4Statef
otary Public (Print Name)
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I Soo G Utv 0-;vf , S viJQ 4co,
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Print Name of Notary Street Address,City, State and Zip Code
A " Loaw►a.rewroN
stot.aFbndo 15q) JAi - 775 ( (gsy) �2i � 8v�
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INDIVIDUAL OWNER NOTARIZED SIGNATURE:
This is to certify that I am the fee simple owner of subject lands described above and that I have
authorized (Applicant/Consultant/Representative) to
make and rile the aforesaid application.
Sworn to and subscribed before me Owner:
This_day of 20_
Signature:
Date:
Sign Name of Notary Public (Print Name)
State of( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires:
Seal: Telephone No. & Fax No.
CORPORATION NOTARIZED SIGNATURE:
This is to certify that the below referenced corporation is the owner of subject lands described above and
thaL,k I, as duly authorized officer, have authorized (Applicant/Consultant/RepresentaGve)
� n'e Z '. �, /0 e to make and file the aforesaid application.
Sworn to and subscribed before me Corporation Name:
/- Florida P we t m PL)
This—'( day of Vl 0 OZ
Signature,
Date: 11 /16/2006
Santiago Melian
(Print Name)
/ Q/VAld �ol„may Substation Siting & Permitting Manager
Sign Name of Notary Public (Print Title)
State of(FUR/4 -)
/MAIA c2if / P.O. Box 14000, PDP/J➢ Juno Beach, FL
ant Name of Notary Street Address, City, State and Zip Code
33408
Commission Expires: 2 ( 561 1 694-451 a
Seal: u� Telephone No. &Fax No.
... MYODMMl6Mg1( DO 511111
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JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE:
This is to certify that the below referenced that the duly authorized persons are the owners of subject
lands described above and that all partners have authorized (Applicant/Consultant/Representative)
to make and file the aforesaid application.
Sworn to and subscribed before me
This day of 20_
Signature:
Date:
(Print Name)**
Sign Name of Notary Public
State of( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires:
Seal: Telephone No. & Fax No.
**Each partner must sign. Attach duplicate sheets as required.
200 EAST BROWARD BOULEVARD
Rud en SUITE 1501
FORT LAUDERDALE.FLORIDA 3330
JlMcClosky
POSTOFFICE BOX1902 FORT IAUDERDALE,fLOR10A 33302(954)527-2409
FAX(954)3U 4009
DENN15.MELE®RUDEN.COM
November 27, 2006
VIA HAND DELIVERY
Thomas Ansbro
City Attorney JUN 1 '1 1aQ1
City of Dania Beach
100 West Dania Beach Boulevard plan111ng t
Dania Beach,FL 33004 pepartmn
Re: Upgrade of the Neighborhood Electrical Distribution Substation located on
the east side of SE P Avenue between SE are Street and SE 3ie Terrace
("Property') in the City of Dania Beach ("City')
Dear Mr. Ansbro.'
Florida Power and Light ("FPL") is proposing to upgrade the neighborhood
electrical distribution substation located on the east side of SE Yh Avenue between SE 3rd
Street and SE 3`d Terrace. The Property has a Broward County ("County') land use
designation of Low (5) Residential and a City land use designation of Conservation and is
located in the City's RS-12,000 zoning district. As you are aware, the City adopted an
expansive Land Use Plan Amendment ("LUPA") in August of 2004 which amended the
land use of approximately 120 acres of property from Estate (1) Residential to
Conservation in an effort to increase flex units for residential developments in the City
("City LUPA"). Please see Attachment 1. Shortly thereafter(in December of 2004), the
County adopted a LUPA ("County LUPA") which amended the land use for virtually the
same area of property as the City LUPA from Low (5) Residential to Conservation-
Natural Reservation; however, FPL's Property was intentionally excluded from the
County's LUPA because the Property was already cleared and developed, while the
surrounding property was heavily covered with trees and remained in its natural
condition. Please see Attachments 2 and 3. As a result, the County land use designation
remained Low (5) Residential while the City's land use designation is Conservation. It
appears that the City inadvertently included the Property in the City LUPA when in fact it
was likely the City's intention to exclude the Property from the City LUPA in line with
the County's LUPA.
The existing neighborhood electrical distribution substation located on the
Property, and the proposed facility resulting from the upgrade thereof, is not, and will not
FTL:1965901:3
Thomas Ansbro
City Attorney
City of Dania Beach
November 27,2006
Page 2
be, a power plant substation, a transmission facility or a power plant. That distinction
was made because neither the City of Dania Beach Code of Ordinances("Code'l, nor the
Dania Beach Comprehensive Plan ("Plan) preclude the location of a neighborhood
electrical distribution substation on property with a Residential Land Use designation
(such as ours after the adoption of the proposed local LUPA). Specifically, the
Residential Land Use category (Attachment 4) specifically excludes power plant
substations and transmission facilities; however, the Residential Land Use category does
not specifically exclude neighborhood electrical distribution substations.
The Residential Land Use category does however, allow public and private
utilities. "Utilities" are defined (in pertinent part) by the Plan as "...substations and
transmission facilities which comprise an electric power utility needed to service Dania
Beach residents (Attachment 5). The Plan does not offer distinctions between the
different types of substations; however, given the specificity of the "Utilities" definition
and the specificity of the prohibitions listed in the Residential Land Use category, it
seems clear that if neighborhood electrical distribution substations were intended to be
excluded from the Residential Land Use category, they would have been specifically
listed.
As a result of power plant substations and transmission facilities not being defined
in the City's Code, we are providing you with a copy of the relevant portions of the
Glossary of Electric Industry Terms from the Edison Electric Institute ("EEI' . EEI is
the premier trade association for U.S. shareholder-owned electric companies, and serves
international affiliates and industry associates worldwide. In its leadership role, EEI
provides authoritative analysis and critical industry data to its members, Congress,
government agencies, etc. This EEI publication provides definitions for terms commonly
used throughout the electric power industry. As you will see from the attached
definitions, power plants, switching stations (power plant substations), electric
transmission systems, and electric distribution systems are specifically defined, and the
proposed neighborhood electrical distribution substation is clearly not the same as any of
the utility uses currently prohibited in the Residential Land Use category.
As defined on Attachment 6, a Power Plant is defined as "A plant containing
prime movers, electric generators, and auxiliary equipment for converting mechanical,
chemical and/or nuclear energy into electric energy." Similarly, a Switching Station
(power plant substation) is defined as "an assemblage of equipment for the sole purpose
of tying together two or more electric circuits through switches or circuit breakers,
selectively arranged to permit a circuit to be disconnected in an emergency, or to change
the electric connections between circuits." This Switching Station is part of the Electric
Transmission system which is defined as "The act or process of transporting electric
energy in bulk from a source or sources of supply to other principal parts of the system or
FTL:1965901:3
Thomas Ansbro
City Attorney
City of Dania Beach
November 27, 2006
Page 3
to other utility systems." Likewise, a Distribution System is defined as a network of
wires and equipment that is dedicated to delivering electric energy from the transmission
system to the customer's premises. The Glossary's definition of Distribution System
goes on to state..."electric energy is reduced in voltage at a local substation and delivered
over primary distribution lines extending throughout the area where the electricity is
distributed." Simply stated, when electricity leaves a power plant, it is pushed into the
electric system at a switching station (power plant substation). Electricity then travels
over long distances on transmission lines to where the power is needed. On arrival to a
neighborhood, the voltage of electricity is decreased at a neighborhood electrical
distribution substation, making it suitable for distribution to customers. Then, a local line
carries the electricity to a home or business where a nearby transformer decreases the
voltage again, making it suitable for a customer's use. A graphic showing each of these
specific electric utility uses is included for your reference(Attachment 7).
FPL will be submitting an application requesting that the City Commission adopt
a Dania Beach LUPA amending the Property's current Conservation land use to Estate
(1) Residential. This will establish consistency between the County and City land use
maps and allow FPL to upgrade the neighborhood electrical distribution substation to
serve the needs of customers in the City.
Recently, Fla. Stat. §163.3208 (2006) (Substation Approval Process) was passed
which provides (in pertinent part) that "New distribution electric substations (such as
ours] shall be a permitted use in all land use categories in the applicable local government
comprehensive plan and zoning districts within a utility's service territory except those
designated as ...Conservation...on the future land use map or duly adopted ordinance"
(Attachment 8). The Dania Substation upgrade will result in a new Substation over
approximately a two-year period. Specifically, within the first nine months, the
"proposed upgrade area" (new Substation) around the north, south and east sides of the
existing Substation will be constructed with associated site preparation and drainage
features. Upon its completion, the electrical load from the existing Substation will be
transferred over to the new Substation and the existing Substation will be completely
demolished. The area where the existing Substation is currently located will have the site
prepared and the remaining portions of the new Substation will be constructed and all
associated site preparation and drainage features will be constructed to today's standards.
Finally, a new landscape buffer will be installed along the west side (front) of the new
Substation property. Please see the attached conceptual site plan (Attachment 9).
Additionally, it is our understanding that buildings which do not exceed five
hundred (500) square feet in area are exempt from site plan review. FPL's unmanned
equipment building (relay vault) will not exceed five hundred (500) square feet in area;
therefore, based on the aforementioned information, it is our position that zoning and site
FTL:1965901:3
Thomas Ansbro
City Attorney
City of Dania Beach
November 27, 2006
Page 4
plan approval are not required if FPL s requested Dania Beach LUPA is adopted (which
amends the Property's land use to Estate (1) Residential) and the proposed facility meets
the lot and area requirements referenced in Fla. Stat. §163.3208 (unless the City approves
lesser requirements).
Please confirm if you concur with this analysis and contact me if you have any
comments or questions.
Sincerely,
Dennis D. Mele
Enclosures
cc: Laurence Leeds, Director of Community Development
Bruce Barber,Florida Power& Light
Lynn Shatas, Florida Power& Light
FTL:1965901:3
12 ?c07
FPL Inter-Office Correspondence
To: Memo To File Data: September 13, 2005
Re: FLORIDA POWER & LIGHT COMPANY
TRANSMISSION LINE ROUTE AND SUBSTATION
SITE ACQUISITION, ZONING, SITE PLAN APPROVAL
AND PERMITTING: AUTHORIZATION TO SIGN
1, C. M. Mennes, Vice President, Power Systems—Transmission & Substation for Florida
Power& Light Company, verify that the following listed Individuals:
Barbara Jaindl
Dean Busch
Santiago Melians
are hereby authorized to represent, sign for, and authorize on behalf of Florida Power &
Light Company in matters relating to the right-of-way and site acquisition, zoning, site
plan approval and permitting of electrical transmission lines and substations.
C. M. Mennes
Vice President
Power Systems
Transmission& Substation
ff
The foregoing instrument was acknowledged before me this A ; day of
WO bzV . 2066 , by C. M. Mennes, Vice President of Power Systems -
Transmission& Substation of Florida Power & Light Company, a Florida Corporation. He
is personally known to me and did not take an oalh.
7' �".C..(� oeftN KaIhMMAMos"
Notary Public 'hCWWIOMW5421+
STATE OF FLORIDA
COUNTY OF MIAMI-DADE