HomeMy WebLinkAboutO-1991-047 4.
ORDINANCE NO.
47-91
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
CENTER OF THE DEVELOPMENT
DESIGN
CAS 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. 2 8 ,DCITY A
OF DANIA ORDINANCE NO. 05-87 CITY OF DANIA
ORDINANCE NO. 02-88, AND
ORDINANCE NO, 23-90 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 FULL EXCEPT AS AMENDED BY FORCE
AND EFFECT,
ORDINANCE; PROVIDING FOR SE
VERABILITY;
PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEATED
TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania previously adopted a Development
"4 Order (the "Development Order" ) by Ordinance No. 20 on September
13, 1983, approving with conditions the Application for Development
rim
Approval for the Development of Regional Impact known as the Design
Center of the Americas; and
WHEREAS, the Development Order was subsequently amended by
. 04-84, adopted on April 24, 1984, City
City of Dania Ordinance No
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 No. 02-88, adopted February 91 1988, and City of
Dania Ordinance No. 23-90, adopted on May 8, 1990; and
WHEREAS, the Development Order, as amended, includes certain
conditions relating to the construction of Northwest 2nd Street
from the project to Bryan Road and associated traffic engineering
improvements; and
WHEREAS, the Developer of the Design Center of the Americas
previously submitted to the South Florida Regional Planning
Council, Broward County, and the City of Dania a traffic study
pursuant to Section 1.01N of the Development Order, as amended,
demonstrating that it is not necessary to construct Northwest 2nd
Street and the associated traffic engineering improvements in order
to maintain acceptable levels of service on the roadway system; and
4.
WHEREAS, it is deemed advisable to modify the Development
Order, as amended, in order to conform the Development Order with
the results of such traffic study; and
WHEREAS, the Application for Development Approval approved by
the Development Order, as amended, described a phasing schedule for
the development of the Design Center of the Americas; and
WHEREAS, the City of Dania has received a request from the
Developer of the Design Center of the Americas to amend the
Development Order, as amended, to modify the phasing schedule
described in the Application for Development Approval; and
WHEREAS, the City of Dania has reviewed the proposed
modification of the conditions of the Development Order, as
amended, relating to the construction of Northwest 2nd Street, and
the proposed modification to the phasing schedule described in the
(5 9
Application for Development Approval pursuant to the criteria
kenumerated in Section 380.06( 19) , Florida Statutes, and has
1
determined that such proposed modification, subject to the
J1 `
rj conditions contained herein, does not constitute a "substantial
. `` deviation" from the approved Development Order, as amended,
requiring further development of Regional Impact review.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
I
CITY OF DANIA, FLORIDA:
Section 1 . That the above recitals are true and correct and
are incorporated herein by reference.
Section 2 . Section 1. 01 of the Development Order, as amended,
is hereby amended to delete Paragraphs N, 0, P, V, W, Z, AA and CC.
Section 3 . New Paragraphs N and V of Section 1 .01 of the
Development Order, as amended, are hereby created to read as
follows:
N. The Applicant shall pay the following amounts to
the Florida Department of Transportation ( "FDOT") at the
times indicated below as a fair share assessment for
improvements to the intersections of I-95 and Stirling
Road and I-95 and Griffin Road:
(1) Prior to the issuance of a
certificate of occupancy by the City for the
Phase 3 Wholesale Showroom (260,000 square
feet) - $37,493 .46;
2 -
1
(2 ) Prior to the issuance of a
certificate of occupancy by the City for the
Phase 3 office building ( 120,000 square feet)
- $45,640 . 60;
(3) Prior to the issuance of a
certificate of occupancy by the City for the
Phase 4 Wholesale Showroom ( 190,889 square
feet) - $27,711 . 35 .
V. The City will withhold issuance of the
respective certificate of occupancy until the Applicant
provides the City with a signed receipt or other
documentary evidence indicating that the amount set forth
below relating to the specific development approved by
that certificate of occupancy has been paid to FDOT as
provided below:
( 1) Phase 3 Wholesale Showroom (260,000
square feet) - $37 ,493 .46;
(2) Phase 3 Office Building ( 120,000
square feet) - $45,640.60;
(3) Phase 4 Wholesale Showroom ( 190,889
feet) - $27 ,711. 35 .
Section 4. That a modification in the phasing schedule for
development of the Design Center of the Americas Development of
dy Regional Impact, as described in the Application for Development
, i 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 Construction Operations
Phase Showroom Office Rooms Begin End Beginning
1984
1 261, 111 s.f. 60,000 s .f. 250 1987 1988 1988
2 288,000 s. f-
3 190, 889 s.f.
0,
4 19 s . f. 120,000 s .f. 1996-97 1997-98 1997-%
689
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.
Section 5. That except 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 4 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.
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Y/
Section 6. 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
provision and such holding shall not affect the validity of the
remaining portions of this ordinance.
Section 7 . 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 8. 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 22nd day of
October 1991
PASSED AND ADOPTED on Second and Final Reading on the17thday
of December , 1991.
r ,
ROBERT MIKES, MAYOR
ATTEST:
r' WANDA MULLIKIN
!, CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS
I
BY: Co. G ��--
FRANK ADLER
CITY ATTORNEY
F:\WPFILES\,TENNIFER\D\DCOTA.AME\DRDINANC
- 4 -
e,
HOLLYWOOD SUN
Established as 'I lie I loll)wood Sun - January 4, 1935
IIOLIANIPOOD, BR011'ARD ('O('NT) . FLORIDA
STATE OF FLORIDA
('01INTY OF BROWARD
Before the undersigned authority personally appeared NARY ANN RUSSELL
Who on oath sacs Ihlgshel is Administrative Assistant
Of the Hollywood Sun a daily newspaper published at Hollywood in Broward
county, Florida: that the attached copy of advertisement, being a —
NOTICE OF PUBLIC HEARING
in the matter of CITY COMMISSION OF THE CITY OF DANIA, FLORIDA
I
in the CITY OF HOLLYWOOD }(iy,
was published in said newspaper in the issue of
November 1, 1991 (X-77)
Affian!further says that the said Hollywood Sun is a newspaper published at Hollywood in said Broward
County'.Florida,and that the said newspaper has heretofore been continuously published in said froward
County,Florida,each week and has been entered as a second class matter at the post office in Hollywood in
said County,Florida,for a period of one year next preceding the first publication of the attached cops of ad•
.1 serlisement:and affiant further says that he has neither paid nor promised anv person,firm or corporation
anv discount,rebate,commission or refund for the purpose of securing this adsertisement for publication in
I- �! the said newspaper. NOPeaoF
PUBLICREARINO '
■BFORETHE
] / CITY COY IS81ON
DANIA,FLORIDbRs
REGANDINGTHR
SA• ,'
FOLLOWING PROPOS%:
y Sworn to an subscribed before me ORDINANCE
NOTICE IB HEREBY GIVEN
L b IN CI Commission of
This — J_ day of f A.H. 19 IrAl2,IIIminPol= 1 1991 at 0:00 P.M.or ebon
there a the motto may
be heard, will aonduo•.
�c1-•^' L — Publla hewing In the City
NOTARY PUBLIC Commission Meeting Room
o1 the Dania Guy HMI,IGO ,
We. Dania Boaoh Soule-
ISF.,('I9TA6'Y PUHLIC,$ vvd,Omnla,Fledda to oon•
T A T. aPUo the following proposed
My C06thfi5.,l r OP 1-!-04!pA, ordinanoo: -
�_ . ON c;, JL'Lr d I, I AN ORDINANCE OF THE
993. CITY OF DANIA.FLORIDA.
AMENDING THE DEVEL-
OPMENT ORDER FOR THE
OF THIS
AMER SIGN CASENTEDEVELOP•
MEN OF REGIONAL IM•
PACT ADOPTED BY CITY q
OF DANIA ORDINANCE
NO.20.AS AMENDED BY
CITY OF DANIA ORDI-
NANCE NO.04.8e,CITY OF
DANIA ORDINANCE NO.
22.84,CITY OF DANIA OR-
CHANCE NO.os-aT,CITY
OF DANIA ORDINANCE
NO. 02.80, AND CITY OF
DANIA ORDINANCE NO,
20.00 TO MODIFY CER•
TAIN CONDITIONS RELAT-
ING TO THE DEVELOP-
MENT OF THE DESIGN
CENTER OF THE AMERI-
CAS DEVELOPMENT OF
REGIONAL IMPACT AND
TO MODIFY THE PHASING
SCHEDULE DESCRIBED IN
THE DESIGN CENTER OF
THE AMERICAS APPLICA-
TION FOR DEVELOPMENT
APPROVAL; PROVIDING
THAT ALL TERMS AND
CONDITIONS OF THE DE-
VELOPMENT ORDER
SHALL REMAIN IN FULL
FORCE AND EFFECT,EX-
CEPT AS AMENDED BY
THIS ORDINANCE; PRO-
VIDING FOR'SEVERABILI-
TY;PROVID NO THAT ALL
ORDINANCES OR PARTS
OF ORDINANCES AND ALL
R ES0LUTIQNSN OR
PARTS OF RESOLUTIONS
IN CONFLICT HEREWITH
BE REPEALED TO THE EX.
TENT OF SUCH CONFLICT;
AND PROVIDING FOR AN
EFFECTIVE DATE.
ALL INTERESTED PAR-
TIES MAY APPEAR AT THE
AFORSAID MEETINGS
AND BE HEARD.ANY PER- /
SON WHO DECIDES TO
APPEAL ANY DECISION
MADE BY THE PLANNING
AND ZONING BOARD OR
CITY-COMMISSION WITH
RESPECT TO ANY MAT-
TER CONSIDERED AT
THIS MEETING OR HEAR-
ING WILL NEED A RECORD
OF THE PROCEEDINGS.
AND FOR SUCH PURPOSE
MAY NEED TO ENSURE
THAT A VERBATIM REC-
ORD OF THE PROCEED.
INDS 18 MADE, WHICH
RECORD INCLUDES THE
TESTIMONY AND EVI-
DENCE UPON WHICH THE
APPEAL IS TO BE BASED.
IW WIBAIIen
Growth Management
Director
Cityof
Dania,Florlda
H•SNov.1,1991(X-77)
1`
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I
,3i,
E
ROLL NO. 2 ;
b CERTIFICATE OF AUTHENTICITY y
END
THIS IS TO CERTIFY THAT THE MICROPHOTOGRAPHIC IMAGES AP-
PEARING ON THIS ROLL OF MICROFILM ;
ENDING WITH ��'c'�' ., , . , %, 5 `�� `; ; •
M�
9
ARE ACCURATE REPRODUCTIONS OF THE RECORD OF :
AND WERE MICROFILMED IN THE REGULAR COURSE OF BUSINESS
PURSUANT TO ESTABLISHED ROUTINE POLICY FOR SYSTEMS UTILI-
ZATION AND OR FOR THE MAINTENANCE AND PRESERVATION OF
SUCH RECORDS THROUGH THE STORAGE OF SUCH MICROFILMS IN
• _ PROTECTED LOCATIONS.
IT IS FURTHER CERTIFIED THAT THE PHOTOGRAPHIC PROCESSES
USED FOR MICROFILMING OF THE ABOVE RECORDS WERE ACCOM-
PLISHED IN A MANNER AND ON MICROFILM WHICH MEETS THE. . RECOMMENDED REQUIREMENTS OF THE NATIONAL BUREAU OF
STANDARDS FOR PERMANENT MICROPHOTOGRAPHIC REPRODUC-
TIONS.
Date Microfilmed
Camera Operator •
I,FAHY NICROGRAPHZCS
Location Authori ed Signature y
1��.�Illli. IIi,GTCkJ'I�' N _.iltrjl�nl417
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