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Home My WebLink AboutO-2011-018 DCOTA ORDINANCE NO. 2011-018 AN ORDINANCE OF THE CITY COMMISSION 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; 04-96; 2000-017; 2000-051; 2002-022 AND 2007-031 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 (now known as "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 the following Ordinances adopted by the City: 1. Ordinance No. 04-84, adopted on April 24, 1984; 2. Ordinance No. 22-84, adopted on September 25, 1984; 3. Ordinance No. 05-87, adopted on April 14, 1987; 4. Ordinance No. 02-88, adopted February 9, 1988; 5. Ordinance No. 23-90, adopted on May 8, 1990; 6. Ordinance No. 47-91, adopted on December 17, 1991; 7. Ordinance No. 04-96, adopted on April 23, 1996; 8. Ordinance No. 2000-017, adopted April 25, 2000; 9. Ordinance No, 2000-051, adopted December 12, 2000; 10. Ordinance No. 2002-022, adopted on May 28, 2002; and 11. Ordinance No. 2007-031 adopted on December 11, 2007; 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 the City of Dania Beach Ordinance No. 2007-031; 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 to extend the build-out date to November 30, 2015, and to revise the Development of Regional Impact Master Plan (Map H-1) to permit the construction of an additional 200,000 square feet of office building; and WHEREAS, in accordance with House Bill 7207 enacted by the 2011 Florida Legislature, the City Commission finds that the project authorized by the Development Order is currently valid and is therefore eligible for a four-year extension to November 30, 2015 without substantial deviation or other further development-of-regional-impact review; and WHEREAS, the City construes the request for extension to meet the House Bill 7207 requirement for a written request to be made by the developer prior to December 31, 2011; and WHEREAS, the City of Dania Beach has reviewed the proposed change in office square footage as a substantial deviation pursuant to the criteria enumerated in Section 380.06(19)(b)5, Florida Statutes, has received the recommendations and analyses of reviewing agencies and incorporated recommended conditions into this approval, and has determined that the impacts of the proposed change in office square footage has been addressed under Chapter 380, Florida Statutes, and 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 this reference. Section 2. That a modification to the 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 development shall now consist of the following: 2 ORDINANCE#201 1-018 Phase Wholesale Office Hotel Begin End Operations (Design Center Rooms Beginning Showroom 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. 320,000 s.f. 119 After 7/1/2007 Prior to Prior to 11/30/2015 11/30/2015 The Developer shall obtain approval from the County Commission and record an agreement to amend the note on the Design Center of the Americas Plat, as appropriate to be consistent with the level of development shown above (i.e., 380,000 square feet of office use and a 369 room hotel), prior to receiving Broward County Development and Environmental Regulation Division approval of construction plans for any new development. 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-1 attached to this Ordinance and incorporated by this reference. The approved master development plan pursuant to City Code shall be consistent with all underlying Broward County approved plat conditions. Section 4. That, prior to the issuance of any building permit for the additional 200,000 square feet of office floor area associated with the December 14, 2011, NOPC, the City will consult with the appropriate water supplier to ensure that adequate water supplies that will 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 "sufficiency allocation" in the consumptive use permit shall be defined consistent with the permit's limiting conditions as they exist at the time of the 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. Section 5. That, prior to the issuance of any building permit for the additional 200,000 square feet of office floor area associated with the December 14, 2011, NOPC, the developer will remove and replace 60 feet of sidewalk on Griffin Road (SR 818), commencing 320 feet west of the cross walk and continuing west for 60 feet. The sidewalk shall be 6" thick 3 ORDINANCE#201 1-018 with a maximum cross slope of 2%, running slope to match the roadway slope. Pedestrian access to and from all buildings on site and connection to the roadway sidewalk are to be addressed as required by ADA. Section 6. That as modified by this Ordinance all terms and conditions of the Development Order, as amended, shall remain in full force and effect. Section 7. 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 8. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 9. That this Ordinance shall take effect immediately at the time of its passage. PASSED on first reading on June 14, 2011. PASSED and ADOPTED on second reading on June 28, 2011. ATTEST: LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK MAYOR 0Q`o�p(iDIs F/ETC' APPROVED AS T� ND CORRECTNESS: THOM M Jt OS13RO ' ao CITY ATTORNEY 4 ORDINANCE#2011-018