Loading...
HomeMy WebLinkAboutO-2009-007 LU-05-09 RAC Adoption Stage ORDINANCE NO. 2009-007 ADOPTION STAGE AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT OF THE DANIA BEACH COMPREHENSIVE PLAN TO CREATE A REGIONAL ACTIVITY CENTER ("RAC") LAND USE CLASSIFICATION; AMENDING THE FUTURE LAND USE PLAN MAP OF THE DANIA BEACH COMPREHENSIVE PLAN TO CHANGE THE LAND USE OF APPROXIMATELY 1,350 ACRES AS DESCRIBED IN EXHIBIT "A" ATTACHED TO THIS ORDINANCE, FROM COMMUNITY FACILITIES, COMMERCIAL, CONSERVATION, EMPLOYMENT CENTER, INDUSTRIAL, LOCAL ACTIVITY CENTER, LOW (5) RESIDENTIAL, LOW- MEDIUM (10) RESIDENTIAL, MEDIUM (16) RESIDENTIAL, IRREGULAR (13) RESIDENTIAL, IRREGULAR (15) RESIDENTIAL, PARKS AND RECREATION, TRANSPORTATION, AND UTILITIES, TO REGIONAL ACTIVITY CENTER ("RAC"); PROVIDING FOR TRANSMITTAL TO THE BROWARD COUNTY PLANNING COUNCIL AND STATE AGENCIES; PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; REQUESTING RECERTIFICATION FROM THE BROWARD COUNTY PLANNING COUNCIL; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach ("City") desires to amend its Comprehensive Plan's Future Land Use Element to create the land use classification for "Regional Activity Center" ("RAC"); and WHEREAS, in conjunction with the creation of the land use classification, the City proposes to amend the City of Dania Beach Future Land Use Map to designate a Regional Activity Center, as applicable to approximately 1,350 acres in and around the City's downtown, as further described in Exhibit"A"; and WHEREAS, the City's Planning and Zoning Board, sitting as the Local Planning Agency, held a duly advertised public hearing on March 18, 2009, and determined that the proposed amendment to the Future Land Use Element and Future Land Use Map (the "Amendment") is consistent with the goals and objectives of the City's Comprehensive Plan and, therefore, recommended approval of the Amendment; and WHEREAS, the City Commission held a duly noticed public hearing on March 24, 2009, regarding the Amendment and determined that the Amendment is in the interest of the City's public health, safety and welfare and should be adopted for transmittal to the Florida Department of Community Affairs for its review pursuant to Chapter 163, Florida Statutes; and WHEREAS, on December 8, 2009, the City Commission held its second public hearing on the adoption of the Amendment, for final adoption in accordance with the requirements of Chapter 163, Florida Statutes. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City's Future Land Use Plan Map of the City's Comprehensive Plan is amended to change the designations of land within the area described in Exhibit "A" to this Ordinance, from Community Facilities, Commercial, Conservation, Employment Center, Industrial, Local Activity Center, Low (5) Residential, Low-Medium (10) Residential, Medium (16) Residential, Irregular (13) Residential, Irregular (15) Residential, Parks and Recreation, Transportation, and Utilities, to Regional Activity Center(RAC). Section 2. That the text of the Future Land Use Element of the City's Comprehensive Plan is amended according to Exhibit `B" to this Ordinance to establish the land use classification of"Regional Activity Center" ("RAC") and supporting objectives and policies. Section 3. That the City Commission authorizes the City Manager to transmit the Amendment to the Florida Department of Community Affairs and other state agencies pursuant to the requirements of Chapter 163.3184, Florida Statutes. Section 4. That the City Commission authorizes the City Manager to transmit an application to the Broward County Planning Council to request amendment of the Broward County Land Use Plan text and map, to establish a RAC in Dania Beach, and to request recertification of the City's Future Land Use Element, including the Future Land Use Plan Map. Section 5. The provisions of this Ordinance are declared to be severable if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 2 ORDINANCE#2009-007 ADOPTION STAGE Section 6. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 7. The effective date of this Amendment shall be after the second reading and adoption of the amendment by the City Commission and, subsequently, the date a final order is issued by the Florida Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163, Florida Statutes; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163, Florida Statutes. PASSED AND ADOPTED on first reading on March 24, 2009. PASSED AND ADOPTED on second and final reading on December 8, 2009. a', 'a,ti, - ANNE CASTRO MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO F ND CORRECTNESS: BY: r THOMASJ AN RO CITY ATTORNEY 3 ORDINANCE#2009-007 ADOPTION STAGE Exhibit "A" DESCRIPTION OF THE SIZE AND BOUNDARIES OF THE AMENDMENT: The total land area of the amendment is 1,349.1 acres. The boundaries of the amendment site are congruous with the expanded boundaries of the City of Dania Beach Community Redevelopment Area(CRA) as proposed for adoption. LEGAL DESCRIPTION OF THE AREA PROPOSED TO BE AMENDED: Commencing at the intersection of Sheridan Street and North 22nd Avenue, the Community Redevelopment Area boundary extends east along Sheridan Street to SE 3rd Avenue, then north to SE 15th Street, then west to SE 2nd Avenue, then north along SE 2nd Avenue to SE 1 St Street, then east along SE I st Street to the city limits of Dania Beach, then north to Dania Beach Boulevard, then east along Dania Beach Boulevard to the city limits of Dania Beach, then north approximately 1,300 feet, then west approximately 680 feet, then south approximately 630 feet, then west to Gulfstream Road, then south approximately 315 feet, then west approximately 640 feet, then south to Dania Beach Boulevard, then west along Dania Beach Boulevard to NE 5th Avenue, then north along NE 5th Avenue to the Dania Beach cut-off canal, then east along the canal approximately 2,000 feet, then north approximately 1,285 feet to the city limits of Dania Beach, then west along the city limits of Dania Beach until reaching the single family homes located on NW 6th Avenue, then south along the east property line of the aforementioned homes to the Dania Beach cut-off canal, then west along the canal to North Bryan Road, then south approximately 510 feet, then west approximately 1,325 feet, then south approximately 1,100 feet, then west to I-95, then south along I-95 and continuing south along the 1-95 ramp approximately 2,030 feet, then east 875 feet, then south to Stirling Road, then east along Stirling Road to North 22nd Avenue, then south along NE 22nd Avenue to the point of commencement. Said area containing 1,349.1 acres more or less. 4 ORDINANCE#2009-007 ADOPTION STAGE PROPOSED TEXT AMENDMENT TO THE DANIA BEACH COMPREHENSIVE PLAN — FUTURE LAND USE ELEMENT Statutes,ehaFaeteFiFed by eempaetness, pedestrian friendly shall generally r-efleet planning and design prinelples Aeti..it.. /"`enteF existing and designated paFl(S within the pFepesed / greenbelts, gFeenways and / and berms, / what Is yielded by the pFesent 'and use designatiens, the Gity shall fir-st utilize at leas 11 and 11 density 05 Fequested via the liand use plan FeseFye ReFida Statutes, Redeyelepment Area is exempt fFeF.. this ..Fit...=.. OFiented aFeund the fiye minute (i.e. quarter Aeti..it.. !`e teF priority is a safe, eemfeFtable and attFac-t*ye eenyenment onteFeenneetmen to tFansi} .ill ..d...... tFanspeFtatmen system. the Land Use Element. rtensifoes shall be the r sibil:4.. of the Gi4.. The fellewing area has been designated a 6eeal Han: Community Redevelopment Area 1' ^^,^.a44,,^,T^.,,, ,,..t11nn nefth/ the eastern Gity limi en the east, Seutheds—Lf'd Stfeet en the seem—'airs the 6TfTTtTp7G'T� Maximum intensity D. sidentrRT 2,165 high Fise dwelling units G cimi 500,000 Hete' 649-Feems Gemmunity 4.7 affes GenseFvat P" aC-Fe t. Reaional Activity Center Use: The intent of the Regional Activity Center land use designation is to encourage attractive and functional mixed living, working, shopping, education and recreational activities in the Dania Beach Community Redevelopment Area. The development of the Regional Activity Center shall be guided by the Community Redevelopment Agency's Redevelopment Plan and the policies hereunder. Dania Beach Reaional Activity Center land use designation - density and intensity specifications Land Uses: Maximum Intensity (unless otherwise indicated) Residential*: 2,348 single family homes 286 duplexes 2,047 townhomes 972 garden apartments 2,165 high rise apartments** Commercial 264.0 acres, plus 500,000 s.f. of commercial floor area approved with the former LAC. Industrial 247.5 acres Employment 54.5 acres Center Transportation 6.5 acres Hotel 640 rooms Community 36.2 acres Facilities Parks & 40.5 acres (minimum) Recreation Conservation 2.6 acres (minimum) Utilities 2.5 acres *Dwelling units from any given category (ex: single- family, townhouse, etc.) may be substituted for dwelling units of another category provided that the substitution results in the same or lesser student generation using the county's adopted student generation rates. No more than 3,867 dwelling units shall be located east of U.S. 1 in Traffic Evacuation Zone 16. **High-rise units are defined as four (4) stories or more, consistent with the effective Broward County Land Development Code definition at the time of adoption of the Local Activity Center amendment. Remarks: Ch. 163 Community Redevelopment Area, provides access to Fort Lauderdale-Hollywood International Airport and Port Everglades, and is located around the proposed FEC commuter rail alignment. Objective XXVII Encourage compact development reflecting characteristics which include a mixture of community-serving uses such as commercial, office, employment, civic, and institutional, recreation and open space, and residential, characterized by an efficient infrastructure, close-knit neighborhoods and sense of community, preservation of natural systems, promotion of pedestrian circulation and convenient access to mass transit facilities through the establishment of a Regional Activity Center land use category. Encourage attractive and functional mixed living, employment, shopping. education and recreational activities in the City of Dania Beach Community Redevelopment Area (CRA) by establishing within the Dania Beach Land Use Plan a Regional Activity Center. ed e(+r�ie���t� ., {ZRLCr Policy 27.1 The development of the Regional Activity Center shall be guided by the Community Redevelopment Agency's Redevelopment Master Plan and consistent with all elements of this plan. Policy 27.2 Leeal The Dania Beach Regional Activity Centers shall support the location of uses and internal circulation such that pedestrian mobility is a priority. All land uses in a 6ee-a' the Dania Beach Regional Activity Center shall be directly assessed accessed via pedestrian ways, and accessible to existing or future alternate public transportation modes, including bicycle and transit. Policy 27.3 Non-motorized transportation as well as mass transit shall be encouraged to serve the Dania Beach Regional Activity Center to reduce reliance upon automobile travel. Policy 27.4 Park land and/or open space that is accessible to the public shall included as a functional component within ia eea' the Dania Beach Regional Activity Center. Policy 27.5 To facilitate public transit access, integrated ated transportation systems shall be encouraged to serve the Dania Beach Regional Activity Center. Peliey 27.4 Policy 27.6 Quality, Affordable Housing opportunities shall be included as a functional component within a—Leeal the Dania Beach Regional Activity Center. Policy 27.7 To enhance pedestrian movement and safety, the separation of pedestrian and vehicular traffic shall be encouraged within the Dania Beach Regional Activity Center. Policy 27.5 Policy 27.8 Encourage affordable housing opportunities within the Dania Beach Regional Activity Center On etiyity Gente-s through various mechanisms such as the utilization of "affordable housing units." The direction of public housing program funds into the Leeal- Regional Activity Center, reduced lot size for dwelling units, construction of zero lot line and cluster housing, vertical integration of residential units with non-residential uses, the allowance of accessory dwelling units, or through other mechanisms proven effective in increasing the affordable housing stock. Policy 27.9 The Gity shall adept design quidelines that a„-dest-inatiens woth*n the-Leeal-Aet+vity Center. The diseeuFage high speed tFaffie. The Regional Activity Center shall be governed by land development regulations that provide for an interconnected street network, a safe and attractive pedestrian environment, multi-modal transit connections, and transit-supportive densities and intensities along transit corridors. ce„teFS.. Policy 27,10 The city shall adopt local design guidelines that require transit shelters in the Regional Activity Center to provide safe and comfortable service and to encourage transit usage. Policy 27.11 The City shall adopt design standards within the land development regulations ensuring compatibility between existing and planned land uses within and adjacent to the Regional Activity Center. Policy 27.12 The Gity shall Feyiew existing zening and 'and 'and use desigigatien by 2004. To enhance pedestrian/non-motorized activities and transportation connectivity, the Regional Activity Center shall integrate open space that is accessible to the public in the form of wide, continuous sidewalks with shade and pedestrian amenities, mid- block pedestrian crossings, and public plazas. Policy 27.13. Pursuant to an interlocal agreement between the City and Broward County, the City is responsible for monitoring development activity and enforcing the permitted land use densities and intensities. Policy 27.14 The City shall not allocate additional residential units within the area of the Regional Activity Center that has a Day-Night Average Sound Level (DNL) of 65 decibels or greater. Policy 27.15 In order to ensure that all properties can be developed within the overall density and intensity limitations of the Regional Activity Center, the City shall establish and implement a development tracking system. Policy 27.16 The maximum intensity standards for nonresidential development in the Regional Activity Center are as follows: 1. All properties located within one-quarter mile of both the FEC Rail Corridor (proposed for commuter rail) and US-1 are permitted a maximum Floor-to-Area Ratio (FAR) of 8.0. 2. All properties not located pursuant to 1., above, but located within 750 feet of the US-1 or East Dania Beach Boulevard transit corridors are permitted a maximum FAR of 5.0. 3. All other locations are permitted a maximum FAR of 0.75. Policy 27.17 Acreage for non-residential land uses will be assigned as on a gross acreage basis to all lands included within the development parcel needed to comp2l r with on-site land development requirements, such as, but not limited to, building footprint, setbacks, parking,. outdoor pedestrian circulation, landscaping, drainage, etc. Within mixed use projects, acreage shall be assigned according to the proportion of floor area associated with each use (e.g. if 50 percent of the floor area is used for A, then 50 percent of the gross acreage of the development parcel will be assigned to A). Policy 27.18 Floor to Area Ratios shall be calculated using the total gross acreage (on-site and off-site) used to comply with any combination of parking, drainage, or open space requirements for a development project. Policy 27.19 The residential density within Traffic Evacuation Zone 16 (east of US-1) shall not exceed the residential density previously allowed within Traffic Evacuation Zone 16 before the adoption of the RAC land use category. The boundaries of Traffic Evacuation Zone 16 are shown in Broward County's Hurricane Evacuation Study, 2001. Policy 27.20 In the event of discovery of any archaeological artifacts during the construction of the RAC, construction shall stop within a thirty-foot radius of the find and immediate notification shall be provided to the Broward County Historical Commission; the Division of Historical Resources, Florida Department of State; and the City/Town. Construction may resume within the affected area after the City/town, and the Broward County Historical Commission,pursuant to 92-38 of the Broward County Code of Ordinances; and the Division of Historical Resources, pursuant to Rule 91-2.043, FAC, have determined the appropriate mitigation, if any are warranted, and such measures have been implemented by Developer. Policy 27.21 Prior to issuance of any building permit of development, the City will consult with the appropriate water supplier to ensure that adequate water supplies to serve the new development will be available no later than the anticipated date of the certificate of occupancy. Any determination that adequate water supplies will be available will require the demonstration that a consumptive use permit has been issued to the City with sufficient allocation available to serve the new development, given all other existing commitments for that allocation. The "sufficient allocation" in the CUP shall be defined consistent with the permit's limiting conditions as they exist at the time of building permit issuance. Permitted projects may be issued a Certificate of Occupancy only upon demonstration by the City that adequate water supply exists within the City's current legal allocation.