HomeMy WebLinkAboutO-2000-051 ORDINANCE NO. 2000-051
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
CITY OF DANIA ORDINANCE NO. 04-84, CITY OF DANIA ORDINANCE
NO. 22-84, CITY OF DANIA ORDINANCE NO. 05-87, CITY OF DANIA
ORDINANCE NO. 02-88, CITY OF DANIA ORDINANCE NO. 23-90, CITY
OF DANIA ORDINANCE NO. 47-91, CITY OF DANIA ORDINANCE NO.
04-96, AND CITY OF DANIA BEACH ORDINANCE NO. 2000-017 TO
MODIFY CERTAIN CONDITIONS RELATING TO THE DEVELOPMENT
OF THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF
REGIONAL IMPACT AND TO MODIFY THE PHASING SCHEDULE
DESCRIBED IN THE DESIGN , CENTER OF THE AMERICAS
APPLICATION FOR DEVELOPMENT APPROVAL; PROVIDING THAT
ALL TERMS AND CONDITIONS OF THE DEVELOPMENT ORDER
SHALL REMAIN IN FULL FORCE AND EFFECT, EXCEPT AS
AMENDED BY THIS ORDINANCE; PROVIDING FOR SEVERABILITY;
PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES
AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT;
AND 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 known as the Design Center of the Americas; 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
1
ORDINANCE NO. 2000-051
23, 1996, and City of Dania Beach Ordinance No. 2000-017, adopted April 25, 2000;
• 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; and
WHEREAS, such phasing schedule has been subsequently modified by
i
amendments to the Development Order, the last modification being made by City of
Dania Beach Ordinance No. 2000-017; and
WHEREAS, City of Dania Ordinance No. 47-91 provides that the phasing
schedule set forth therein shall be used in determining whether any future change in the
phasing schedule constitutes a substantial deviation pursuant to Section 380.06(19),
Florida Statutes; and
WHEREAS, the City of Dania Beach has received a request from the Developer
of the Design Center of the Americas to amend the Development Order, as amended, in
order to further modify the phasing schedule described in the Application for
Development Approval; and
WHEREAS, the City of Dania Beach has reviewed the proposed modification 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
that the proposed modification is presumed not to constitute a "substantial deviation"
from the approved Development Order, as amended, and that no evidence has been
presented to overcome the presumption and ,therefore, further Development of
Regional Impact review is not required.
r�
2
ORDINANCE NO. 2000-051
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
herein 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 hereby approved so that the phasing schedule shall now consist of the
following:
Design
Center Hotel Operations
Phase Showroom Office Rooms Begin End 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. 90,000 s.f. After 11/30/2001* Prior to
7/1/96 11/30/2002** 11/30/2001
4 220,889 s.f. After 11/30/2003 Prior to
7/1/98 11/30/2003
Provided, however, that the Phase I Design Center Showroom Building may contain
more than 261,111 square feet and the Phase 2 Design Center Showroom Building may
contain less than 288,000 square feet, provided the combined square footage of the
Phase 1 and 2 Design Center Showroom Buildings does not exceed 549,111 square feet.
A copy of the approved Master Plan for-the Design Center of the Americas DRI is
attached hereto as Appendix 1.
*As to Design Center Showroom
**As to Office
Section 3.That as modified hereby, all terms and conditions of the Development
Order, as amended, shall remain in full force and effect.
Section 4.If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held invalid or unconstitutional by any court of competent
i
jurisdiction, such portion shall be deemed a separate, distinct and independent
3
ORDINANCE NO. 2000-051
• provision and such holding shall not affect the validity of the remaining portions of this
ordinance.
Section 5.That all ordinances or parts of ordinances and all resolutions or parts
of resolutions in conflict herewith be and the same are hereby repealed to the extent of
such conflict.
Section 6.That this ordinance shall be in force and take effect immediately upon
its final passage and adoption.
PASSED and ADOPTED on the First Reading on the 28T" day of
NOVEMBER, 2000.
PASSED and ADOPTED on Second and Final Reading on the 12T" day of
DECEMBER, 2000.
C. K. McElyea
MAYOR— COMMISSIONER
ATTEST: APPROVED FOR FORM AND
P 4 y CORRECTNESS
eryl Cha n /
CITY CLER —AUDITOR
By:
Thomas Ansbro,tifyr Attorney
4
ORDINANCE NO. 2000-051
SUN- SENTINEL
PUBLISHED DAILY pt6NOTICEOF'P�LIC'HEARING'�� {f'
FORT LAUDERDALE, BROWARD COUNTY, FL � a^ clrv,OF:DANIABEACH r;u� <,'.;
NOTICE IS'HEREBYGIVEN!tKdt on Tuesday<D'ecem
BOCA RATON, PALM BEACH COUNTY, FLO ber 12;2000 at7.30 PM eoriassoon thereafter as possi'
• ble in'the Dania Beach6ity commission:Room Admin=;
MIAMI, MIAMI DADE COUNTY, FLORIDA istrau center; 10o West Dan*Beach:Blvd Dania
Beach;(lorida 33004,the CrtyY.Commission of the, .
oi'Dania Beach'Florida;will,hold:a.public;hearmg'on:
and;consider the adoption of,a proposed Ordinance,en?
STATE OF FLORIDA titled O follows:
AN-ORDINANCE OF THE CITY OF DANIA BEACH
COUNTY OF BROWARD/PALM BEACH/MIAMI DADE FLORIDA; AMENDING:THE DEVELOPMENT AS DEF-
FOR.THE DESIGN CENTER OF:THE"'AMER11 DE-
BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEAREFCITYOVELOPMENT"OF ORDINREGIOANCE
BY
CITY OF:DANIA ORDINANCE NO.20,'AS AMENDED BY.
CITY OF DANIA ORDINANCE NO:04-84,'CITv OF:DA-
�� NIA ORDINANCE NO. 22-84;<CITY OF.DANIA ORDI-
NANCE NO.05-87 CITY.OF DANIA.ORDINANCE::NO.
WHO, ON OATH, SAYS THAT 02-88, CITY OF D/(NIA ORDINANCE.NO.23-90,CITY -
HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIRI�INANCE NO,ORDINANCE4- N CITY Ok DIANIAFB BEACH OCR-�
DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHETIONSN RELAT NG00 O THE DEVELOPMENT::OFOTHE -
IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAOFSREGIONAL-IMPACT AND TO:MODIFDEVELOPMENT
TH P.HAs=
ATTACHED COPY OF ADVERTISEMENT, BEING A: ING SCHEDULE DESCRIBED IN.THE,DESIGN CENTER -
OF THE AMERICAS APPLICATION i FORT DEVELOP=
NOTICE FOR PUBLIC HEARING NDN;ONDITI VNS PRTHE-D VELO T_'ENT,TERMS
AND`CONDITIONS OF.THE DEVELOPMENT BORDER!
SHALL`REMAIN N IFULL FORCE.AND EFFECT EX -
CEPTAS'AMENDED BY.,THIS:ARDINANCE{PRRdVID !
IN THE MATTER OF: ING:FOR SEVERABILITY;PROVIDING.THAT ALCOR
DINANCES:OR;PART&EOF:ORDINANCES'AND'ALL'
RESOLUTIONS OR.PARTS'OF,RESOLUTION S.IWCON-,I
FLICT:HEREWITH BE REPEAL-tDTO THE EXTENT.OF-.
Ordinance No.20 SUCH CONFLICT PAN@ 1OVIDING FOR:AN EFFEC
TIVE DATE p tray Ot1t:"i3s°P a tia a yl(
Copies of the proposed rdlnance are aV 01, 1 e-,,.for I
viewingg,[n the„Growth m Manageent..Depar-trAent 51100
West Dania Beach Blvd,Dania Beach'tFlorida between.
IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THlthe hours of'8:0U AM;and 4 00 I,_ SMonda�i F .ay i
ISSUES OF: please call(954)924 364 ormdre fnformat on 'IrIter
tested parties may appear at the'publicjhearrng andibe
heard with respect to the proposed petition ,-' i
Iniaccordance with the Americans With-Disabilitles -
1 1/28,1 Act,:persons needing assistanceto participate Wan
10140139 these-proceedings should contac
ni t Sheryl<Chapmart
Admistrative Services.Director 100 W DaMa Beach
Blvd,-Dania Beach FL',3330041(96,4)924 3630 at least I
AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSf72gny persontwho decides torappeal any decision
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, F Ico de.,considered atityCommission
ommi sioorhear gwuineoed a ect�d E
AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINU(of_the proceedings.and.;for,suchpurpose'may need to
ensure that a•;verbatim;1record'of the ptoceedings�is i
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FL e::whiohiecord Includes the,,testimony and evi
. EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT�ounn CunNngham appteal is ta, asSd +y � }
POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FL ovemtier28h200pn d .xai `�
FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF � �f
ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT
HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR
CORPORATION,ANY DISCOUNT, REBATE,COMMISSION,OR REFUND, FOR THE
PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID
NEW APER.
_.(A�4&&
(SIGNATURE OF 4*IANT)
SWORN TO AND SUBSCRIBED BEFORE ME
ON: 28-November-2000 , A.D.
(SIGNATURE OF NOT/a9i.��i'r{rBLIC)
Tara
MY COMMISSION Y ezak
CC638935 EXPIRES
0
BDNOED THRU TROY FFAINI a URANCE,INC.
(NAME OF NOTARY,TYPED,PRINTED, ORtS PED)
PERSONALLY KNOWN v OR
PRODUCED IDENTIFICATION
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AGENDA REQUEST FORM
CITY OF DANIA BEACH
lift
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: 11128/00
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING —2ND READING ORDINANCE
DESIGN CENTER OF THE AMERICAS (DCOTAJ
3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE
4. SUMMARY EXPLANATION & BACKGROUND:
Notification of Proposed change to amend the construction phasing schedule of
the Design Center of the Americas' Development of Regional Impact.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST):
STAFF MEMORANDUM
ORDINANCE
PUBLIC HEARING NOTICE
LOCATION MAP/ MAILING LIST
• 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by:
Laurence G. Leeds,AICP, Director Date 1 2/412 0 0 0
Growth Management Department
City Manager Date
CITE' OF DANIA BEACH
INTER-OFFICE MEMORANDUM
TO: Michael Smith, City Manager
<I---- - -(::�:
FROM: Laurence Leeds, AICP, Director
Growth Management Department
RE: Amendment to Development Order:
DCOTA Development of Regional Impact
DATE: December 12, 2000
The applicant has submitted a Notification of Proposed Change ("NOPC") to amend the
construction-phasing schedule of the Design Center of the Americas Development of
Regional Impact ("DRI"). The City Commission approved a similar amendment in April
2000 to extend the buildout date of Phase 3 from November 30, 2000 to November 30,
2001. The current request is to extend the buildout date for the Phase 3 Office Building
in Phase 3 from November 30, 2001 to November 30, 2002.
The current development phasing program is as follows:
Design Center Hotel Operations
Phase Showroom Office Rooms Begin End Beginning
1 261,111 sq., ft, 60,000 sq. ft. 250 1983 1985 1985
2 288,000 sq., ft, 1 1987 1988 1988
3 230,000 sq. ft. 90,000 sq. ft. 7/1/96* 11/30/01 11/30/01**
4 220,889 sq. ft 7/1/98* 11/30/03 11/30/03**
*construction can begin anytime after this date
** construction should be completed prior to this date
DCOTA DRI NOPC 110100b.doc
The proposed development-phasing program is as follows
® i i
Design Center I Hotel I i Operations
Phase Showroom Office Rooms Begin End Be innin
j 1 261,111 sq., ft, 60,000 sq. ft. 250 1983 1985 1985
2 288,000 sq., ft, 1987 1988 1988
3 230,000 sq. ft. 90,000 sq. ft. After 11/30/01 Prior to
7/1/96* 11/30/02 111/30/01
4 220,889 s . ft j 7/1/98* 11/30/03 11/30/03*''
*Construction can begin anytime after this date
** Construction should be completed prior to this date
Please note the Phase 3 Office Building is indicated in "bold type".
All DRI amendments must be reviewed according to the standards and criteria
established in F.S. 380.06(19). The proposed buildout date for Phase 3 represents a
cumulative extension of 6 years, 4 months. Buildout date extensions of more than 5
years but less than 7 years are presumed not to create a substantial deviation.
STAFF RECOMMENDATION: Staff recommends approval of the Design Center of
the Americas DRI amendment.
CITY COMMISSION ACTION (FIRST READING): Approval.
DCOTA DRI NOPC 110100b.doc