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HomeMy WebLinkAboutO-1984-004 ORDINANCE NO. 04_84 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, A24ENDING SUBSECTIONS 1 . 01I and 1 . 01X OF THE DEVELOPMENT ORDER FOR THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIO1AL IMPACT ADOPTED BY CITY OF DANIA ORDINANCE N0. 20; PROVIDING THAT THE APPLICANT MAY PERFORM SEPARATE ANALYSES OF ENERGY CONSERVATION MEASURES FOR THE HOTEL AND ; ! OFFICE COMPLEX AND FOR THE WHOLESALE DESIGN CENTER ' PORTIO14S OF THE PROJECT; PROVIDING THAT THE APPLICANT SHALL NOT OBTAIN, AND THE CITY SHALL NOT ISSUE, A BUILDING PERMIT FOR A BUILDING IN THE PROJECT UNTIL SUCH AN ANALYSIS APPLICABLE TO THAT BUILDING HAS BEEN APPROVED BY THE CITY AND THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL; PROVIDING THAT ALL TERMS AND CONDITIONS OF THE DEVELOPMENT ORDER OF THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT SHALL REMAIN IN FULL FORCE AND EFFECT, EXCEPT AS AMENDED BY THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL PREVAIL IN THE EVENT OF CONFLICT WITH OTHER ORDINANCES OR RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , the City of Dania previously adopted a development order by Ordinance No. 20, on September 13, 1983 , approving with conditions the Application for Development Approval for the Develop- the Design Center of the Americas; ment of Regional Impact known as i and i ! WHEREAS, subsequent to the adoption of the development , order, a portion of the property included in the Application for Development Approval was sold by the Applicant to a separate entity; and f WHEREAS, the portion sold is platted as the Plat of the { s 1 Design Center Hotel/Office Complex, recorded at Plat Book 118, 4 Page 11 Public Records of Broward County, Florida; and WhERLAS, the proposed development of the portion sold { consists of a hotel and an office building; and WHEREAS, due to such sale, the development of the hotel and office building will be substantially independent of the develop- ment of the wholesale design center on the balance of the property; i j and i i WHEREAS, Section 1 . 01I of the development order requires the Applicant to submit an analysis of proposed energy conservation measures to the City, the South Florida Regional Planning Council I I j and the Broward County Energy Office within 120 days of the issuance of the development order; and e WHEREAS, due to the division of ownership of the property, the Applicant has requested that this requirement be modified so as to allow separate energy conservation analyses to be submitted for the hotel and office complex and for the wholesale design center prior to the issuance of building permits; and i i WHEREAS, the City has reviewed the Applicant 's proposed amendment pursuant to the criteria enumerated in Section 380 . 06 (17) (a) , Florida Statutes, and has determined that the proposed amendment does not constitute a "substantial deviation" from the approved development order in that such amendment does not create a reasonable I likelihood of additional adverse regional impact or any other impact not previously reviewed by the South Florida Regional Planning Council; NOW, THEREFORE, i BE IT ORDAINED BY THE CITY COMI4ISSION OF THE CITY OF DANIA, I FLORIDA: SECTION 1 . The above recitals are true and correct and are incorporated herein by reference . SECTION 2. Subsections I and X of Section 1 . 01 of Ordinance No. 20 of the City of Dania, Florida, approving with conditions a d development order for the Design Center of the Americas Development of Regional Impact, are hereby amended to read as follows : 1. 01 The Application for Development Approval for the Design Center of the Americas is hereby approved subject to the following conditions: I . The Applicant shall implement all energy conserva- tion measures provided in the ADA. Further, the Applicant will evaluate all of the energy conserva- tion measures listed on pages 40 tnrough 45 of the DRI Assessment and submit the analysis to the Broward County Energy Office for review and comment and to the City and SFRPC for review and approval w�€l��a-13B-days-e€-eke-�sseaeee-a€-dk�e-deue�egtaeA€ erdeF-arid. At the Applicant ' s election, separate analyses may be performed or the hoteland— office complex and E5T t e w o esa e design center portions of the project. The Applicant shall not obtain a building permit for a particular building in the project until an analysis applicable to that building j has been approved by the City and SFRPC . The Applicant shall implement the energy conservation j j measures determined from the analysis, or analyses, to be feasible. I j 'J i 2 - i i X. The City will withhold the issuance of a building permits for the construction of a building within the project dove}epment until the Epp}#eantls-snap}ses-of-a}} City and SFRPC nave reviewed and approved an analysis of energy conservation measures has-been-rev}eweel and-approved-by-the-e4mty applicable to such building in accordance with Condition "L" above. Seen-ana}pses-sha}}-He-a}se-snbin}tied-te-the SFRPE-€er-the-pnrpese-a€-a}}eua�ng-}t-te-revieua i and-eemment-to-tke-City; SECTION 3. Except as amended hereby, all terms and condi- tions of the development order for the Design Center of the Americas Development of Regional Impact shall remain in full force and effect as adopted by Ordinance No. 20 . SECTION 4. If any section, sentence, clause or phrase of i this Ordinance is held to be invalid or unconstitutional by any Court of competent jurisdiction, then said holding shall in no way affect i the validity of the remaining portions of this Ordinance. SLCTION 5. All ordinances and parts of ordinances, and i resolutions and parts of resolutions in conflict herewith are repealed to the extent of such conflict. iSECTION 6 . This Ordinance shall be in force and take effect i immediately upon its passage and adoption. PASSED AND ADOPTED on First Reading on the loth day of April 1984 . SPASSED AND ADOPTED on Second and Final Reading on the 24th day of April 1984 . j MAYOR-COMMISSIONER i ATTEST: 'CITY CLERK - AUDITOR APPROVED FOR FORM AND CORRECTNESS: FRANK C. ADLER, City Attorney I ; I 1 I J 3 - i ^a a i IL NOTICE OF HEARING BEFORE CITY COMMISSION CITY M DANIA, N`N OA, NO PRO NG ADOPTION E A PROPOSED ORDINANCE NOTICE IS HEREB'v GIVEN t11a THE SUN-TATTLER e.dryCRmmlNbnaM.CMy a Z FNIrs3q .n A«M g I.N « 400 Pm. w as soon rnereor4r o. Me matter mev M nog 1 w1A ON a IR,EIIC room"b Ilne Donla C tY Ndl t00 Established as 'file HullYwoud Sun - January 4, 1935 W..'Donl F Wo"1 Om Wll, e. 41 HOLLYWOOD, 1311OWARD COUNTY, FLORIDA «OpO r.RRI r I° O0Op1na1O" N . oranRnc. i MMnN t AN"'NANrF OF THE CRY PIG OF DSUBSECT ONSA'I.OIAIrE«DiB ORDEoX R F THEOR THE DESIGN CENT STATE. OF FLORIDA TER OR THE AMERICAS DE- COUNTY OF BROWARD VNACCT4DORTECerar°r"GF CAIN ORDINANCE NO. So; Before the undersigned authority personally aOVIDING THAT THE APPLI- CANT MAY PERFORM SEPA• ppeare(I Jul,Tl)1 7 F' d S RATE ANALYSES OF ENERGY who on oath says (he/she) is FOR THE CONSERVHOTEL AATION MND OFFICE faneOPr COMPLEX AND FOR THE Of THE SUN-'TATTLER, a daily newspaper published at Hollywood in Broward WHOLE`• P DESIGN CENTER PORTIONS OF THE PROJECT: PROVIDING THAT THE OBTAIN County, Florida; that the attached copy of advertisement, being a Notice CANT SHALL HOT OBTAIN AND SU THE CITY L SHALL MIT Of Hearing RSUE. A BUILDING PERMIT FOR A BIRLOIIJG IN THE PRO- UN US U. TIL LE AM ANALY- LICABLE TO THAT BUILDING HAS BEEN AP- I� THE I11 tile 1T18([er of C1tY Of Dania PROVED BY CITY ANDTHE SOUTH FLORIDA REGION- AL PLANNING COIJrNDy PRO- VIM THAT ALL TERMS AND -- In[f7e �,n�lnl RnOTI J/}J J,yy yy CONDITN)NS OF THE DEVEL- itNNMTtt OPMENT ORDER OF T CAS DEVELOPMENT O11E OE- was published in said newspaper in the issue of_\ l r 14 510"CENTER OF THE T OF F 1984 —E F­ENINL MPACT SHALL N MAIN IM FULL PAS AND ED By EXCEPT AS AAIEND- -- EO IN THIS ORDINANCE;PRO• VIDING THAT THIS ORDI- .Affnm(further says(hat the sail(SI;N-TA TTLF.R is a newpaper published at Boll wood in HANCE SHALL PREVAIL IN THE EVENT OF CONFLICT WITH T said Browa rd CDunl)'.Florida,and that the sa id newspa per has he rel olore been Conti nuously FOR SEYI NS; P AN I` RESOLUTIONS; PRO{VIDING published in said Broward County, Florida,each week and has peen entered as second class PROVIDING FOR AN 14'fAN matter at tfe post office in FIE Hollywood in said County. Florida, for;I period of one yr;n'nest TIVE DATE. preceding the first publication of the attached copy of o;vvrtisenlen(: and affiall further A COOP a mIs «000.ea eIN Nnc.11 Pn n4 In"ante a says that he has neither paid nor promised any person, lirm or corporation any discount �0 ury cI eery Hat IN ! wtlr D°ma BRxn Bpl4wa rebate,Commission or refund for the purpose of securing this advertisement for publication Daela Flalaa one mar I>.In. I - .o.e1w Sr tM IXIa4 OIIfIN in the.said ncwsp;(per. nerlllRl w«31n/pp nev.. Nt«..1 ng p«tl.. r RDPe« of M.aan.Rle nHeNN«IO W "«d IM 11, L r ' Anr.1 rM oeda. y °nv and z nw0.Cr iM ' Nlon Co ono o'w Bo«B« Cary ynocH. °n ynR rO MN Sworn to ayd subscrib i befot'e me ro HN or wnV1 n4 d I 'M mntllq« IncN« p wM n.Hl R r.TgrO a RM Rroc..ollps o P«POY mW IWE to a� ! thisdui nl fi .nwr.Owt P CIN. Is recoe. a• _r1 1!lt1 - a m. «ou.omo. b mae. rnlcll r.°«C IIKNIeH IN,INN- ! _ monv dg MMnc.woon rhN/I in• °PP.d I. t° t CT -- v.v W«NIe MWIO.In ISEALf si AVU 14 1434 D.-ua _ 1 ns y 2 y r 71 ^^,s1 J LAW OFFICES tNj GUSTAFSON, STEPHENS, FERRIS, FORMAN & HALL, P. A. ROBERT E. FER q15.OR D I I .� WILLIgM W.CALDWELL PETER J.FORMAN OF COpNSEL JOEL X GUSTAFSON APR GERDONALD R.NAG ' HrR I%f 540 NORTHEAST FOURTH STREET GERALO L.KNIGHT I F� 'J JI� FORT LAUDE RDA LE, FLORIDA 33301-1192 DENNIS F.O SMEA _ JOHN E. STEPHENS.JR. A_ 1 TELEPHONE(305)763-9330 MIAMI 945-9685 DELRAY 278-1055 March 29, 1984 j Mr. Richard Marant City Manager City of Dania City Hall 100 West Dania Beach Blvd. Dania, Florida 33004 f Re: Design Center of the Americas I Dear Mr, Marant: Section 1. 01 of the Development Order for the i Design Center of the Americas (City of Dania Ordinance No. 20) requires the applicant to submit an energy analysis to the City and to the South Florida Regional Planning Council for review and approval. In attempting to comply with this requirement, it has become apparent that should be done for the hotel/office complex and for the separate analyses r wholesale design center. Accordingly, I have prepared the enclosed proposed Ordinance amending the Development Order to make it clear that separate energy analyses are permissible. The proposed Ordinance, as well as the energy analysis for the wholesale design center, have been reviewed and approved by the staff of the South Florida Planning Council . I am submitting the proposed Ordinance to the City for review and, if acceptable, !I for adoption. 1 ; rThank you for your consideration. j Sincerely, I 1 1 GE K IGH GLK: jb F the Firm Enclosure cc: Frank Adler, Esq. f t z rZ i Before the Florida Public Service Commission. Notice of Hearing. } { Notice is hereby given that the Florida Public Service Commission i will hold a hearing in Docket No. 840044-EI on the petition of Florida Power Corporation for a determination of need for construc- tion of a 500 KV electrical transmission line. Segments of this I 500 KV electrical transmission line may be located in Pinellas, Polk, Sumter, Hillsborough, and Pasco Counties. The electrical transmission Line starts at the Lake Tarpon substation in Pinellas County and the ending point is at the Kathleen substation in Polk County. The hearing is scheduled for Tuesday, June 12, 1984, at 1:00 P.M., in Room 122, 101 East Gaines Street, Tallahassee, Florida 32301. The scheduled hearing is a continuation of the hearing held on March 19, 1984, in Docket No. 840044-EI, and persons interested in participatinq in the continued hearing should contact the Commission Clerk, 101 "1 East Gaines Street, Tallahassee, Florida 32301 or by telephone �r 904-488-8371 for information on the present status of this docket. ISSUED: 3-29-84 e.eY{ I , i 1 i i i i J