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HomeMy WebLinkAboutR-1982-449 RESOLUTION NO. i A RESOLUTION CONCERNING THE FORT LAUDERDALE- HOLLYWOOD INTERNATIONAL AIRPORT TERMINAL EXPANSION, A DEVELOPMENT OF REGIONAL IMPACT PROPOSED BY BROWARD COUNTY AVIATION DIVISION, LOCATED WITHIN THE JURISDICTIONS OF THE CITY j OF DANIA, CITY OF FORT LAUDERDALE AND BROWARD COUNTY, FLORIDA; APPROVING SAID DEVELOPMENT { WITH CONDITIONS, AS CONTAINED HEREIN, AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL, THE ADOPTED STATE LAND DEVELOPMENT PLAN, AND p LOCAL LAND DEVELOPMENT REGULATIONS, AND AFTER CONDUCTING A PUBLIC HEARING AS REQUIRED BY SECTION 380 . 06 , FLORIDA STATUTES ; INCORPORAT- ING THE APPLICATION FOR DEVELOPMENT APPROVAL HEREIN; PROVIDING FOR EXPIRATION OF THIS DEVELOPMENT ORDER; SPECIFYING MONITORING PROCEDURES AND ANNUAL REPORT REQUIREMENTS AND DESIGNATING A CITY OFFICIAL TO MONITOR COMPLI- ANCE WITH THE CONDITIONS CONTAINED HEREIN; PROVIDING FOR TRANSMITTING THIS DEVELOPMENT ORDER TO THE APPROPRIATE GOVERNMENT AGENCIES; j PROVIDING THAT ALL RESOLUTIONS OR PARTS OF i RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO 1 THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR y AN EFFECTIVE DATE. WHEREAS , the Broward County Aviation Division has proposed a terminal expansion at Fort Lauderdale-Hollywood International i Airport to replace landside facilities on the eastern end of the i airport property, including expansion to the existing terminal building , relocation and expansion of certain terminal support i facilities , construction of a new aircraft parking apron and i expansion of the existing taxiway system, construction of addi- tional vehicle parking facilities and expansion of the ground access system for expanded terminal facilities; and J WHEREAS, the Fort Lauderdale-Hollywood International Airport terminal expansion is a development of regional impact (DRI) as defined by Section 380. 06( 1 ) , Florida Statutes, and Fla. Admin . Code R. 27F-2. 01 ; and WHEREAS , the Broward County Aviation Department has submit- ted an Application for Development Approval (ADA) to the South jFlorida Regional Planning Council ( Council) and the Council has ! approved a DRI Assessment for Fort Lauderdale-Hollywood ( FLL) International Airport Terminal Expansion, dated January, 1982, which assessment is on file with the Office of the City Clerk; and WHEREAS, the South Florida Regional Planning Council recommended to the City of Dania that the development be approved I f 1 subject to incorporating 31 recommended conditions into the devel- opment order; and I WHEREAS , the City Commission has conducted a joint public hearing with the City Commission of the City of Fort Lauderdale and the Broward County Commission and subsequent q public hearings in the City of Dania considered the assessment of the South Florida Regional Planning Council and each element to be considered pursuant to Section 380. 06( 13) , Florida Statutes; and WHEREAS, the City Commission has determined that all legal j requirements of publication of notice for the public hearing (s) for the issuance of the proposed development order have been complied with ; and ii WHEREAS, the City Commission deems it advisable and in the best interests of the general welfare of the City of Dania to issue this development order i P approving the proposed terminal i expansion only upon the conditions herein set forth ; i IA NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY 1 j OF DANIA, FLORIDA: i j Section 1. The City Commission of the City of Dania, 1 Florida, has considered at public hearings held on January 27, 1981, February 23, 1982, and continued at the request of the applicant to March 4, 1982, the issuance of a development order in regard to the Fort Lauderdale-Hollywood International Airport terminal expansion located within the jurisdictions of the City of Dania, the City of Fort Lauderdale, and Broward County, Florida and after considering the Assessment of the South Florida Regional Planning Council and other requirements of Section 380. 06, Florida Statutes , takes the following action: approval of the application j for development approval subject to the conditions contained i t herein . i Section 2. The City Commission makes the following findings ) of facts: s 4 c A. The recitals of fact referred to herein in the 1 i "Whereas" clauses are true and correct and made a part hereof, j B. The statement of findings of facts contained in Part 1 . IV, SUMMARY AND RECOMMENDATIONS, beginning at page 60 of the I -2- I J Council ' s Assessment are found to be true and correct and made a part hereof to the extent that they are not inconsistent with the findings hereafter. I C. The proposed expansion of the Fort Lauderdale- Hollywood International Airport terminal facilities will directly result in a loss of revenue to the City of Dania in an amount that will exceed $300 ,000. Losses of revenue will result from reduc- tions in the amounts collected or returned to the City for ad valorum taxes , beverage license fees, occupational license fees, jutility taxes , franchise fees, cigarette taxes , gas tax rebate , I ; utility assessments , State contributions to the police and fire- 1 fighters' pension fund and the sale of water. { i D . Project development will require the relocation of the City of Dania' s water line that currently extends along U.S. 1 1 from Southwest loth Street to Eller Drive, where the water line interconnects with the City of Fort Lauderdale system. The cost -.. i of relocating the water line has not been determined by the applicant . E. Project development will result in the loss of approximately 300 acres of land within the City of Dania which land is currently zoned for , and devoted to, commercial and industrial uses . Section 3 . The City Commission makes the following conclu- sions of law: A. The development does not unreasonably interfere with the objectives of the state land development plan applicable to the area. B. The development is generally consistent with Broward j i County and the City of Dania Land Use Plans; provided, however , that approval of the development will directly result in eliminat- ing approximately 300 acres devoted to commercial and industrial land uses , thereby abruptly changing the economic base of a portion of the City contrary to the general economic policies contained in the Broward County Land Use Plan . The area affected by the U. S. 1/S.R. AlA relocation element of the project develop- ment is currently zoned for commercial or industrial uses. The I -3- applicant must obtain conforming rezoning of the area from the j City. C. The development proposal includes future ancillary i development proposals, designated in the project Master Develop- ment Plan as future terminal ( 1990 plan) , future international apron, future employee parking , future structural parking, future air cargo building , and future on-site hotel , which were not included for review in the ADA. Since Section 380. 06, Florida i Statutes , requires that all development ancillary to a DRI be included in the ADA, the applicant will have to submit to the I j Council and the City of Dania amendments to the ADA prior to proceeding with the identified projects . i I D . Subject to the conditions contained hereinafter, the development is consistent with the report and recommendations i j contained in the Council ' s Assessment. E . The development will have a substantial adverse impact on the revenues collected by or returned to the City of r � i Dania. The development will have an adverse impact upon the i ability of the City of Dania to provide potable water service iwithin the area of its jurisdiction. Said adverse impacts will be mitigated pursuant to the conditions hereinafter set forth . Section" 4 . The City Commission makes a pproval of the appli- cation for development approval subject to the following conditions: A. The applicant must obtain zoning over the develop- ment area consistent with the airport use from the City of Dania . B. To the extent not inconsistent with the conditions contained herein, the recommendations contained in Part IV, SUMMARY AND RECOMMENDATIONS, beg ' nnin at , g page 65 of the Council s Assessment , are made conditions to this approval. A copy of said recommendations are attached hereto and made a part hereof. C. The applicant shall compensate the City of Dania for loss of ad valorem and other revenues attributable to the airport expansion either by providing for transitional funding, or it l shall enter into an alternative settlement with the City. The applicant shall submit an agreement to give effect to this -4- L condition and said agreement shall additionally provide for relocation of the City of Dania' s water line by the applicant at no cost to the City, for installation and maintenance of an airport noise buffer along the Griffin Road extension adjacent to residential development , and for Providing competitive highway access for relocated businesses to realigned U.S. 1 . This devel- opment order shall automatically terminate in the event that an agreement is not approved by the City Commission within 90 days from entry of this development order . Approval by the City Commission shall not be unreasonably withheld. The time for I obtaining said approval may be extended by the City Commission upon application and good cause shown. D. The applicant shall submit a report twelve ( 12) months from the date of issuance of this development order and each twelve (12) months thereafter until the project is completed to the South Florida Regional Planing Council , the State of Florida Department of Veteran and Community Affairs, Division of jLocal Resource Management, all affected permitting agencies and the City Manager, City of Dania . This report shall contain, for i j the preceding twelve months: i j ( i) A general description of construction progress - i in terms of construction dollars and employ- I I ment compared to the schedule in the appli- cant' s ADA. A cumulative list of all permits or approvals applied for, approved or denied. A statement as to whether any proposed project construction changes in the ensuing twelve ( 12) months are expected to deviate substan- tially from the approvals included in this development order. ( iv ) Any additional responses required by rules adopted by the State of Florida Department of Veteran and Community Affairs. J -5- i, 1 1 { v 1 ' 1 I e : ♦ 'aaero`S�.m�"E.`CtL'S1:}i'n.^•..._.r i.•... rvn.✓'.:. ���\° 1 The City Manager, City of Dania, or a project director to be named later, is hereby designated to receive this report and to monitor i and assure compliance with this development order. D . The applicant shall give notice to Mr. Robert E. Lockwood, Clerk, Broward County Circuit Court, for the recording in the Official Records of Broward County, Florida, as follows: i ( i) That the City Commission of the City of Dania , I i Florida [indicating date of adoption] has I issued a development order for the Fort Lauderdale-Hollywood International Airport i terminal expansion, a development of regional impact, located partially within the City of ` Dania. I ( ii) That the Broward County Aviation Division is i the applicant . ( iii) That the development order with any modifica- tions may be examined at the City Clerk' s i Office, 100 West Beach Boulevard, Dania, Florida 33004. i i (vi) That the development order constitutes a land development regulation applicable to the '* property, that the conditions contained in this development order shall run with the land j and bind all successors in interest , it being understood that recording of notice shall not constitute a lien, cloud or encumbrance on real property, nor actual nor constructive notice of any of the same. E . The development order shall be null and void if substan- tial development has not begun in two (2) years of the recorded date of this development order. Substantial development is defined herein as the achievement of the following items: ( i) obtaining required rezoning from the City of Dania; �J 44t t —6 I s A 71 ( ii) conduct and submittal of a new air quality impact study and recommended mitigation measures to the BCEQCB and the Council ; and ( iii) implementation of previously specified improvements to the SR 84 Extension/U.S. 441 and U.S. 1/S. E. 17th Street intersections , submittal of an analysis and recommended improvements to the Griffin Road - 10th Street/U.S. 1 corridor to the Council , and completion of all stage 1 development 1 activities , as recommended in the Council' s i I Assessment. i F. The applicant will consolidate all original and supple- mental information submitted to the Countil into a revised ADA and 9 submit the document to the Council , the State of Florida Depart- ment of Veteran and Community Affairs, the City of Dania, the City a of Fort Lauderdale , and the Broward County Commission within 90 i days from the date of issuance of the development order. 4 G. The application for development approval , as supple- . , mented , is incorporated herein by reference and is relied upon by i the parties in discharging their statutory duties under Chapter 380 , Florida Statutes. Substantial compliance with the represen- tations contained in the ADA, as supplemented , is a condition for approval unless waived or modified by agreement with the City. Section 5. The City Clerk is hereby authorized and directed to send certified copies of this Resolution immediately to the State of Florida Department of Veteran and Community Affairs , Division of local Resource Management , 2571 Executive Center Circle East , Tallahassee, Florida 32301; to the South Florida Regional Planning Council , 1515 Northwest 167th Street, Suite 429, Miami, Florida , the City Clerk, City of Fort i Lauderdale , P.O. Drawer 14250, Fort Lauderdale, Florida, 33302, i and to the Broward County Aviation Division , 290 S.W. 41st Court , Fort Lauderdale , Florida 33315. p -7- f y+ ! - Section 6. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 7. This resolution shall be in force and take effect immediately upon its passage and adoption. _`7 PASSED AND ADOPTED this , day of Ma Y982. j r i / BE R INO, MA R ATTEST: i ANDA MULL LKIN, CITY CLERK PREPARED AND APPROVED BY: EARL G. GALLOP, ASSISTANT CITY ATTORNEY A APPROVED AS TO FORM AND CORRECTNESS : �o�— -01% FRANK ADLER, CITY ATTORNEY i i i i i i i� -8- !U{ t Y a THE APPLICANT (BROWARD COUNTY AVIATION DIVISION) AND/OR THE BROWARD i COUNTY COMMISSION WILL: 1 . SuDmlt an Application for Development Approval (ADA) to the Council , the State Land Planning Agency, and appropriate local i governments of Jurisdiction for those future development activities, as identified on page 12 of the Council DRI Assessment, which, while part of the Master Development Plan for FILL, were excluded from the ADA suDmitted and accepted by the Council on Novemoer 17, 1961 , prior to proceeding with any of the excluded activities. 2. Obtain required rezoming from the cities of Dania and Fort Lauderdale. w 3. Use only clean fill to provide the fully compacted Dase for i development activities east of existing FEC tracks. 4. Implement all "Best Management Practices" proposed in the ADA to minimize soil erosion during construction. 5. Conduct a new air quality analysis, Dased on specifications by the Broward County Environmental Control Board and the Council , and submit the analysis and recommended mitigation measures to the BCEQCB and the Council for review and approval within one year of the date of Issuance of the Development Order. j -65- e , 6. Remove all exotic vegetation from the airport site and revegetate with native species. To achieve economies, the Applicant should use desirable, non-native species In the inventories of nurseries that must De purchased for the expansion In revegetating and landscaping. 7. Compensate the City of Dania for the loss of ad valorem revenues attributable to the airport expansion either by providing, for not more than five years, decreasing transitional funding, or negotiate an alternative settlement with the City. 8. Ensure that the Hollywood Regional Treatment Plan reserves required I4 capacity for the Increased airport wastewater flows. 1 9. Implement all "Best Management Practices" proposed In the ADA to be incorporated into the drainage system design. 10. Ensure regularly scheduled vacuum or regenerative air sweeping maintenance of parking lots, runways, and roads to reduce pollutant accumulations. 11 . Ensure that the Broward County Water and Wastewater Division reserves adequate capacity to serve the airport expansion. 12. Irrigate only with non-potable water obtained from shallow wells and detention/retention areas. -66- i 13. Ensure adequate disposal capacity at the Southern Sanitation Services sanitary landfill for airport solid waste. 14. Implement, using airport or other County revenue, striping and signalization Improvements, as described on page 36 of the Council DR] Assessment, at the intersections of Griffin Road and Orange Drive with U.S. 441 /SR 7, concurrent with completion of County-bonded Griffin Road Improvements east of U.S. 441 . Since these are state and federal roadways and located In various titles, approval of the roadway modifications are required ey the Florida Department of Transportation and the cities in which the roadways are located prior to Implementation . 1s ' 15. Implement, using airport or other County revenue, those Improvements to the SR 84 Extension/U.S. 441 intersection graphically displayed on page 39 of the Council DRI Assessment, M within three years of the date of Issuance of the Development Order for the airport project. Since these are state and federal roadways and located in various cities, approval of the roadway modifications are required oy the Florida Department of Transportation and the cities in which the roadways are located prior to Implementation. 16. Construct, using airport or other County revenue, medians on the realignment to Sheridan Street, to existing U.S. 1 , south from i provide a 4-lane divided roadway with protected left turn storage from the center lane of the existing five lanes on U.S. 1 , and -67- 1 J Implement computerized signallzation along the U.S. 1 , south of the airport into Hollywood, as described on pages 41 and 42 of the Council DRI Assessment. The applicant and/or the County will complete these Improvements prior to or concurrent with the completion of relocated U.S. 1 . Since these are state and federal roadways and located in various titles, approval of the roadway modifications are required by the Florida Department of Transportation and the cities In which the roadways are located prior to Implementation. 17. Improve transit service Detween the Airport and downtown Fort Lauderdale, along the Andrews Avenue and U.S. 1 corridor, prior to completion of Stage 4 of the airport expansion, to assist In relieving severe capacity problems anticipated 'between the time of completion of the airport expansion and completion of interstate access (U.S. 1 Relocation/1-595/1-95) to the airport. 18. Implement, using airport or other County revenue, those improvements to the intersection of U.S. i and S.E. 17th Street/SR o A1A displayed on page 44 of the Council DRI Assessment, within three years of the date of issuance of the Development Order. Since these are state and federal roadways and located in various cities, approval of the roadway modifications are required by the Florida Department of Transportation and the cities In which the roadways are located prior to implementation. -68- J J 19. Reevaluate planned Improvements to the Griffin Road-10th Street/U.S. 1 corridor, including analysis of a possible interchange at the Griffin-10th Street/U.S. 1 Intersection, In light of the high traffic volume anticipated during the time gap between completion of the airport expansion and completion of 1-595, and to provide, upon completion of 1-595, dual high volume access routes to the airport and the Port. This analysis and County commitments to implement appropriate Improvements shall be submitted to the Council and appropriate local governments for review and approval , within one year from the date of issuance of the Development Order. Y^ 20. Undertake significant efforts to promote legislative action, In the 1982 Legislative Session, to increase transportation revenue statewide and to devise an allocation formula which provides a more equitable distribution of revenue to the South Florida Region and Broward County. 21 . Strongly resist any attempt by State or federal agencies or officials to delay the 1990 completion schedule of 1-595 and the U.S. 1 Relocation. i 22. If 1-595 construction Is delayed for more than one year from the dates found on page 54 of the Council 's staff assessment, Broward County will undertake a study detailing the transportation impacts resulting from 1-he delay, and identify appropriate steps and funding sources necessary to Improve ground access to the airport from the north. -69- 23. Continue to support State and federal implementation of the 1-95 HOV lanes in Broward County. 24. Implement all energy conservation measures proposed In the ADA. 25. Design and construct the proposed cogeneration facility to serve the future-proposed on-site hotel and centralized fixed-ground support service facilities for the airlines to achieve greater financial economies, electricity self sufficiency, and energy �w efficiency or provide to the Council and the County Commission, mr their review and approval , a detailed feasibility analysts Justifying their exclusion, within one year of the date of issuance of the Development Order. 26. Incorporate the Application for Development Approval , as revised pursuant to Condition 27, by reference into the Development Order for the airport as follows: v "The Application for Development Approval is Incorporated herein by reference and relied upon by the parties in discharging their statutory duties under Chapter 380, Florida Statutes. Suostantlai compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the parties." 27. Consolidate all original and supplemental information suDmitted to V the Council Into a revised ADA and submit the document to the Council , the State land planning agency, the cities of Dania and Fort Lauderdale, and the Broward County Commission within 90 days -70- Fort Lauderdale, and the Broward County Commission within 90 days from the date of issuance of the Development Order. 28. Provide that the Development Order shall De null and void if suostantial development of the project Is not completed within two (2) years from the date of issuance of the Development Order. Substantlal development wll.l De defined as: obtaining required rezoning from the cities of Dania and Fort Lauderdale; conduct and Submittal of a new air quality impact study and recommended mitigation measures to the BCEQCB and the Council ; finalization of an agreement with the City of Dania for County compensation for adverse fiscal impacts on the City; implementation of previously w- specified improvements to the SR 84 Extension/U.S. 441 and U.S. 1/S.E. 17th Street intersections; submittal of an analysis and recommended improvements to the Griffin Road-10th Street/U.S. 1 corridor to the Council ; and completion of all stage 1 development activities. 29. Specify monitoring procedures to insure compliance with all conditions of the Development Order. i 30. Designate a County official to monitor compliance with all conditions of the Development Order. 31 . Specify requirements for an annual report in accordance with Chapter 380.60 4 )(c)(3). -71- I i J