HomeMy WebLinkAboutO-2014-011 Redevelopment Bonus Public Park Incentive ORDINANCE NO. 2014-011
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, TO AMEND CHAPTER 28, PART 3, OF THE "LAND
DEVELOPMENT CODE" OF THE CITY'S CODE OF ORDINANCES BY
AMENDING ARTICLE 303, "DISTRICT DEVELOPMENT STANDARDS",
CONCERNING DENSITY IN THE CITY CENTER (CC) DISTRICT AND
BEACH GATEWAY MIXED-USE (GTWY-MU) DISTRICT AND
AMENDING ARTICLE 305, "INCENTIVES", ESTABLISHING
DEVELOPMENT INCENTIVES RELATED TO PUBLIC PARKS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provide municipalities the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of such authority; and
WHEREAS, Objective V of the Future Land Use Element of the City of Dania Beach
Comprehensive Plan provides that the City of Dania Beach will maintain land development
regulations and zoning regulations to implement the City's Comprehensive Plan; and
WHEREAS, the City Commission of the City of Dania Beach ("City Commission")
finds it periodically necessary to amend its Code of Ordinances and Land Development Code
("Code") in order to update regulations and procedures to implement municipal goals and
objectives; and
WHEREAS, Community Development Department staff has identified a need to amend
the Code in order to provide for an increase in the maximum density permitted subject to certain
bonus incentives which may be granted within the City Center (CC) District and the Beach
Gateway Mixed Use (GTWY-MU) District; and
. WHEREAS, Community Development Department staff has also identified a need to
amend the Code in order to establish and provide certain development incentives related to
payment of fees for land acquisition or improvement for public parks; and
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, has reviewed this Ordinance, and has determined that it is consistent with the City's
Comprehensive Plan; and
WHEREAS, City Commission has reviewed this Ordinance at two (2) duly noticed
public hearings in accordance with law; and
WHEREAS, the City Commission finds that adoption of this Ordinance through its
police powers will protect the public health, safety, and welfare of the residents of the City, and
furthers the purpose, goals, objectives, and policies of the City's Comprehensive Plan;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding "Whereas" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Article 303 District Development Standards of the City of Dania
Beach Land Development Code is amended to read as follows:
Sec. 303-70. GTWY-MU, beach gateway mixed-use district.
(B) Density: max. 3-5 50 du/ac by right; up to 75 100 du/ac with density bonus.
Section 3. That Article 305 Incentives of the City of Dania Beach Land
Development Code is amended to read as follows:
ARTICLE 305. INCENTIVES.
Sec. 305-20. Schedule of incentives.
The table below shows the amenities that qualify for height, density and impervious area
incentives within the different districts. The amount of the bonuses is delineated below the table.
The developer can determine the type and extent of amenities to provide in order to reach the
maximum permissible height shown on the height maps.
Y=Incentive credit available
Districts
N=Incentive credit not available
List of amenities that qualify for EDBB- SFED- NBHD- GTWY- NBHD
CC I
development incentives MU I MU MU MU RES
Provide public parks jsec.305-701 Y N N N Y N
(A) In the City Center District and the Gateway Mixed-Use District, a development
may be eligible for a density and height bonus not to exceed a maximum of two (2)
stories and thirty (30) du/ac subject to the maximum density and height limitations
established under the applicable zoning district. The public park incentive fee shall be
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calculated pursuant to section 305-70(b), which shall be applied to the city's park fund
for park land acquisition or park improvements. The full public park incentive fee shall
be paid in order to exercise any density or height bonus or combination thereof, under
this section. The full public park incentive fee shall be paid regardless of whether the use
of the densi1y or height bonus is limited by the maximum density or height established
under the applicable zoning district or the applicant chooses not to exercise portions of
the height or density bonuses. Eligibility for a densi1y and height bonus under this section
shall require development containing a minimum of twen -five 25 dwelling units.
(B) The public park incentive fee shall be equal in value to fifty cents ($.50) per
square foot of estimated residential gross floor area.
(C) For purposes of this section, residential gross floor area shall be defined as the
sum of the habitable horizontal area of all residential floors of all stories of a residential
building or structure under a roof, and including, interior amenity areas, clubhouses,
lobby areas however excluding_private garages, maintenance areas, utilfty areas,
operational areas, storage closets, electrical and mechanical facilities, balconies,
stairwells, elevators, basements and subbasements, covered parking, loading areas, and
parking structures.
(D) The contributions referenced in this section are calculated in 2014 dollars and
shall be adjusted by the Consumer Price Index on an annual basis.
(E) Payment of the public park incentive fees shall be made prior to issuance of a
building permit.
Section 4. Conflicts. All ordinances or parts of ordinances, resolutions or parts of
resolutions in conflict with this Ordinance are repealed to the extent of such conflict.
Section 5. Severability. If any clause, section, sentence or phrase of this Ordinance
is for any reason held unconstitutional or invalid by a competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
its passage and adoption.
PASSED on first reading on September 9, 2014
PASSED AND ADOPTED on second reading on September 23, 2014.
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ATTEST: owARD s,,,�
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LOUISE STILSON, CMC ALTER B. DUKE, III
CITY CLERK YOR
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APPROVED AS TO AND CORRECTNESS:
THOMAS--JJANcARjv
CITY ATTORN
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