Loading...
HomeMy WebLinkAboutO-2024-004 Comprehensive Plan Amendment (LU-013-22) of the Regional Activity Center (RAC) Land Use ClassificationORDINANCE NO. 2024-CXj..\-- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT OF THE DANIA BEACH COMPREHENSNE PLAN TO AMEND THE REGIONAL ACTIVITY CENTER ("RAC") LAND USE CLASSIFICATION AS DESCRIBED IN EXHIBIT "A" ATTACHED TO THIS ORDINANCE, BY REDUCING ACREAGE FOR COMMERCIAL AND INCREASING RESIDENTIAL USES; PROVIDING FOR TRANSMITTAL TO THE BROW ARD COUNTY PLANNING COUNCIL AND STA TE AGENCIES; PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; REQUESTING RECERTIFICATION FROM THE BROW ARD COUNTY PLANNING COUNCIL; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTNE DATE. WHEREAS, the applicant, City of Dania Beach, has made an application (LU-013-22) to amend the C ity of Dania Beach Future Land Use Plan Text for the Regional Activity Center (RAC), in order to facilitate the continued redevelopment of the RAC; and WHEREAS, the applicant has indicated that adding up to 4,000 dwelling units and reducing commercial land use by 30 acres, described in Exhibit "A", wi ll help facilitate the continued redevelopment of the Commun ity Redevelopment Area (CRA) and the RAC. WHEREAS, the proposed changes w ill further the goals of the CRA and RAC.; and WHEREAS, the City Commission desires to approve such app li cation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above "WHEREAS" clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Ordinance by this reference. Section 2. That the Future Land Use E lement of th e City's Comprehensive Plan is amended as described below: CITY OF DANIA BEACH COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT *** III. ANA YLSIS REQUIREMENTS *** C. Land Requirements *** 1. Permitted Uses for the City of Dania Beach Land Use Plan *** u. Regional Activity Center 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 policies hereunder. Dania Beach Regional Activity Center land use designation -density and intensity specifications. Land Uses: Maximum Intensity (unless otherwise indicated) Residential*: Commercial: Industrial: Employment Center: Transportation: Hotel : Community Facilities: Parks & Recreation: Conservation: Utilities: 2,348 single family homes 286 duplexes 2,047 townhomes 972 garden apartments 2,165 mid rise apartments 317 single family homes/duplex homes 3,683 multi family units 29Q4.0 acres plu s an additional 500,000 s .f. of commercia l floor area approved with the former LAC. 247 .5 acres 74.5 acres 6.5 acres 640 rooms 36.2 acres (or as needed) 40.5 acres (minimum) 2.6 acres (minimum) 2.5 acres ( or as needed) 2 ORDINANCE #2024-aJ...t. *Dwelling units for any given category (ex: single-family, townhouse, etc.) maybe substituted for dwelling units of another category provided that the substitution results in the same or lesser student generation rates. *** Policy 27 .19 The residential density within Traffic Evacuation Zone 16 ( east ofUS-1) shall not exceed a maximum of 1,500 dwellings units above 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. *** Section 3. That the associated Planning & Zoning Division Staff Report prep ared for application LU-013-22 is hereby incorporated into this ordinance as findings of fact. Section 4 . 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 5. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 6. That staff shall submit this amendment to the Broward County Plannin g Council for a concurrent text amendment to the Broward County Land Use Plan. Section 7. That thi s Ordinance shall take effect immediately at the time of its passage. However, this plan amendment shall not become effective until the con clusion of the process and time frame s set out in Section 163.3 l 87(3)(a) of the Florida Statutes and re-certification by the Broward County Planning Council. Section 8. During the period of time that the City Commission and Broward County is considering a text amendment to the City's Comprehensive Plan to authorize additional RAC units, no permit(s) or deve lopme nt order(s) of any kind shall be issued for these proposed new RAC units. No applications for or queue for the propose d units shall be a uthorized. The City shall not accept "pending' applications for the proposed additional RAC uni ts. Applications will 3 ORDINANCE #2024-llt:} be accepted only after the City Commission finally enacted, after second reading of this Ordinance, and after the last act identified in Section 11, below, occurs. Section 9. That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed. Section 10. It is the intention of the Mayor and City Commission of the City of Dania Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Dania Beach, Florida . The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 11. That this Ordinance shall be effective after the later of the following events : (a) final execution of an agreement with Broward County School Board regarding impact fees for student stations; and (b) final ratification by the Broward County Planning Council. PASSED on first reading on Av ( I / 2iQ , 202'2.. PASSED AND ADOPTED on second reading on \'J\(,lX c){) \ ·"L 2024. First Reading: Motion by: V I Cf < Mlll ~Ct Second by: C.Ornm1 ~JCXUf S<.Lhuno Q:::I ax:LO Second Reading: Motion by: VI CC \YcutCr Le-We I k 0 Second by: fumo1; ~·1Cl:)..e.r" ,S:l,_Jv i 00 FINAL VOTE ON ADOPTION: Commissioner Joyce L. Davis Commissioner Tamara James Commissioner Marco Salvino Vice Mayor Lori Lewellen Mayor Archibald J. Ryan IV Unanimous Yes No 4 ✓ ✓ ORDINANCE #2024 -__00±. ATTEST: ELORA l'UL,:n.ri. CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: 5 ORDINANCE #2 024 -m EXHIBIT A TEXT AMENDMENT Dania Beach Regional Activity Center Dania Beach Regional 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 mid- or high-rise apartments 317 single family homes/duplexes 3,683 multi family units Commercial: 2964.0 acres plus an additional 500,000 s.f. of commercial floor area approved with the former LAC. Industrial: 247.5 acres Employment Center: 74.5 acres Transportation: 6.5 acres Hotel: 640 rooms Community Facilities: 36.2 acres (or as needed) Parks & Recreation: 40.5 acres (minimum) Conservation: 2.6 acres (minimum) Utilities: 2.5 acres (or as needed) *Dwelling units for 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 rates. At least 600 (15%) of the additional 4,000 dwelling units permitted by PCT 22-7 will be affordable at the “moderate-income” (up to 120% of the median income) level or below for a minimum period of 30 years. Prior to the site plan approval of unit 2,001 of the 4,000 additional dwelling units, the City shall demonstrate that at least 300 of the permitted or built units are deed restricted as affordable (up to 120% of area median income adjusted for family size) for a period of at least 30 years. If the City is unable to demonstrate that at least 300 of the permitted or built dwelling units meet that criteria, no additional market rate units shall be permitted or built until such time that the City provides an implementation action plan or program that is reviewed by the Planning Council and approved by the County Commission. Per Broward County Land Use Plan Policy 2.4.12, a written record reflecting the current status of allocated or assigned dwelling units shall be transmitted to the Planning Council twice per year, during the months of January and July, and shall include the referenced affordable units, including the location and annual confirmation of income certification. 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. 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 The Dania Beach Regional Activity Center shall support the location of uses and internal circulation such that pedestrian mobility is a priority. All land uses in a the Dania Beach Regional Activity Center shall be directly 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 be included as a functional component within the Dania Beach Regional Activity Center. Policy 27.5 To facilitate public transit access, integrated transportation systems shall be encouraged to serve the Dania Beach Regional Activity Center. Policy 27.6 Quality, Affordable Housing opportunities shall be included as a functional component within 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 27.8 Encourage affordable housing opportunities within the Dania Beach Regional Activity Center through various mechanisms such as the utilization of "affordable housing units." The direction of public housing program funds into the 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 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. 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 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 605 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. 4. Twenty (20) acres of Employment Center use shall be limited to a FAR of 0.29 regardless of location, pursuant to DCA Amendment No. 10-1 AR. 5. Thirty (30) acres of Commercial shall be limited to a FAR of 0.52 regardless of location, pursuant to DCA Amendment No. 10- 1AR. Policy 27.17 Acreage for non-residential land uses will be assigned on a gross acreage basis to all lands included within the development parcel needed to comply 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) east of US1 shall not exceed a maximum of 1,500 dwellings units above 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 9J-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.