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HomeMy WebLinkAboutO-2007-031 DRI - DCOTA ORDINANCE NO. 2007-031 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 ORDINANCE NOS. 04-84, 22-84, 05-87, 02-88, 23-90, 47-91, NO. 04-96, 2000-017, 2000-051, AND 2002-022, TO MODIFY THE PHASING SCHEDULE DESCRIBED IN THE DESIGN CENTER OF THE AMERICAS APPLICATION FOR DEVELOPMENT APPROVAL AND TO MODIFY THE DEVELOPMENT OF REGIONAL IMPACT MASTER PLAN (MAP H-1); PROVIDING FOR CONFLICTS; FURTHER, 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 for the project known as the Design Center of the Americas ("DCOTA"); 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 23, 1996, City of Dania Beach Ordinance No. 2000-017, adopted April 25, 2000, City of Dania Beach Ordinance No. 2000-051, adopted December 12, 2000, and City of Dania Beach Ordinance No. 2002-022, adopted May 28, 2002; 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 Development of Regional Impact; 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. 2002-022; and WHEREAS, the City of Dania Beach has received a request from the current owners of real property within the Design Center of the Americas Development of Regional Impact project to amend the Development Order, as amended, in order to further modify the phasing schedule described in the Application for Development Approval and to revise the Development of Regional Impact Master Plan (Map H-1); and WHEREAS, in accordance with House Bill 7203 enacted by the 2007 Florida Legislature, the City Commission finds that the project authorized by the Development Order was under active construction as of July 1, 2007, in that the following construction had occurred within the project as of that date: (i) 779,111 square feet of design center showroom, (ii) 60,000 square feet of office, and (iii) 250 hotel rooms; and WHEREAS, the City of Dania Beach has reviewed the proposed modifications 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, based on clear and convincing evidence, that the proposed modifications do not require further Development of Regional Impact review under Chapter 380, Florida Statutes, or the regulations of the City of Dania Beach; 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 into this Ordinance by reference. 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 approved so that the phasing schedule shall now consist of the following: Phase Design Center Office Hotel Begin End Operations Showroom Rooms 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. 1996 2001 2001 4 220,889 s.f. 120,000 s.f. 119 After Prior to Prior to 7/1/2007 11/30/2010 11/30/2010 Section 3. That the Master Plan for the Design Center of the Americas Development of Regional Impact is amended as shown on revised Map H-I attached to this Ordinance and incorporated by this reference. 2 ORDINANCE #2007-031 Section 4. That as modified by this Ordinance all terms and conditions of the Development Order, as amended, shall remain in full force and effect. Section 5. 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 6. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 7. That this Ordinance shall take effect immediately at the time of its passage. PASSED on first reading on November 27, 2007. PASSED and ADOPTED on second reading on December 11, 2007. A/4�- 131615'ANtON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVE AS TO 12M�ND CORRECTNESS: BY: / i 11 1Vi TH6MAVf. A SBRO CITY ATTORNEY 3 ORDINANCE#2007-031 REVISED MAP H-1 In ja Z n t i r � i D � i m ; ; D Z I 3 i � m � j A j ��- E , N y a ! 1 b ! 1 1 i= 1 pWIN s 1 - m z m 4 ORDINANCE 42007-031