HomeMy WebLinkAboutO-2004-035 Adopt EARv2ORDINANCE NO. 2004-035
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING
THE CITY OF DANIA BEACH COMPREHENSIVE PLAN EVALUATION
AND APPRAISAL REPORT (EAR) PURSUANT TO SECTION 163.3191,
FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR ITS
SUFFICIENCY DETERMINATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has prepared its Comprehensive Plan Evaluation and Appraisal
Report (EAR) as required by Section 163.3191, Florida Statutes; and
WHEREAS, the EAR is attached hereto as Exhibit A; and
WHEREAS, the City of Dania Beach Planning and Zoning Board, sitting as the Local
Planning Agency, held a duly advertised public hearing on September 20, 2004 and
recommended the adoption of the EAR to the City Commission; and
WHEREAS, the City Commission of the City of Dania Beach held a duly noticed public
hearing on October 12, 2004, regarding the EAR and determined that the adoption of the EAR is
in the interest of the City's public health, safety and welfare, and that it should be transmitted to
the Florida Department of Community Affairs for its review and determination of sufficiency
pursuant to Section 163.3191, Florida Statutes.
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 the
legislative intent of this Ordinance.
Section 2. That the City of Dania Beach Comprehensive Plan Evaluation and
Appraisal Report, attached as Exhibit A, is hereby adopted.
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ORDINANCE NO. 2004-035
0 Section 3. That the City Commission authorizes the City Manager to transmit the
EAR to the Florida Department of Community Affairs for its review and determination of
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sufficiency pursuant to the requirements of Chapter 163.3191, Florida Statutes.
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance are repealed.
Section 5. 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 6. That this ordinance shall be in force and take effect immediately upon
adoption.
PASSED AND ADOPTED on first reading on October 12, 2004. (Transmittal stage)
C.K�. MC'ELAa'
MAYOR - COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER ANTON - YES
COMMISSIONER CHUNN - YES
LOUISE STILSON COMMISSIONER FLURY - YES
CITY CLERK VICE -MAYOR MIKES - YES
MAYOR MCELYEA - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY:
TII6MA�J._ANSbiW'
CITY ATTORNEY
ORDINANCE NO. 2004-035
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Community Development Department
Laurence Leeds, AICP, Director
Corinne Church, AICP, Principal Planner
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9 Profile INTRODUCTION
The City of Dania Beach consists of approximately 8.43 square miles
and extends approximately 5 miles east to west and 3 miles north to
south. The City includes a portion of oceanfront in the east
disconnected from the balance of the City. Dania Beach is one of 31
incorporated municipalities within Broward County. Dania Beach is
situated south of the Ciiy of Fort Lauderdale, north of the City of
Hollywood, and east of State Road 7/441. There are several major
arterial roadways which transect the City north/south and east/west.
The most significant highway is Interstate 95 in the western portion of
the City. The other major roadways within the City include US1,
Dania Beach Boulevard, Griffin Road, Stirling Road, Sheridan Street
and the eastern terminus of Interstate 595 that touches the northeast
tip of the City, which intersects with State Road 84.
The City has several hotels which serve primarily the Fort
Lauderdale/Hollywood International Airport. The City is currently
experiencing significant residential development growth in both the
east and west areas of the City. Some of this may be attributed to
the Community Redevelopment Agency (CRA) and Local Activity
Center (LAC). The CRA includes Old Griffin Road on the north to
Sheridan Street on the south, the Florida East Coast (FEC) railroad
tracks on the west and Gulfstream Road on the east. The LAC is a
subset of the CRA.
Purpose
The purpose of the Evaluation and Appraisal Report (EAR) for the
City of Dania Beach's Comprehensive Plan is to look back since the
last major comprehensive plan update plan (1999) and evaluate how
well the plan serves the City. It is a time to consider what kinds of
changes have taken place and how the plan could be modified to
reflect those changes. Specifically, the purpose of the evaluation
process is to:
s Identify major issues for the community;
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* Review past actions of the local government in implementing
the plan since the last EAR;
* Assess the degree to which plan objectives have been
achieved;
* Assess both successes and shortcomings of the plan;
* Identify ways that the plan should be changed:
• Respond to changing conditions and trends affecting the
local community,
• Respond to the need for new data,
• Respond to changes in state requirement regarding
growth management and development,
• Respond to changes in regional plans.
* Ensure effective intergovernmental coordination.
Public Participation Process
On March 18, 2004 Community Development staff, including the
Director and Principal Planner, together with the City's Planning
Consultant, met to discuss the EAR process. It was determined that
these three individuals would work as a team in the preparing the
EAR. At this meeting potential city-wide issues were discussed.
On April 28, 2004 the first public meeting was held as a public
workshop with the City Commission. An advertisement was placed in
the local newspaper nine (9) business days prior to the meeting and
notices were mailed to over 40 individuals including neighborhood,
civic, homeowner and condominium associations, the City's Chamber
of Commerce, Main Street Committee, City Advisory Boards, and City
Department Heads. At this public workshop a preliminary list of
issues were identified.
On May 25, 2004 a second public meeting was held with agency
representatives. An advertisement was placed in the local
newspaper eight (8) days prior to the meeting and notices were sent
to 19 individuals from state, regional, county and municipal levels of
government. At this public meeting the issues list was discussed and
expanded.
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Ig Visioning
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The visioning process for the City of Dania Beach was conducted at
the public meeting on April 28, 2004. The meeting was organized by
the Community Development Department and led by the Mayor. The
process was a publicly advertised, public meeting in which member of
the public, staff and the City Commission discussed the
Comprehensive Plan and issues affecting the City. A copy of the
minutes from this meeting is available.
At the public meeting the City Commission identified several
important issues in two primary categories. The first is economic and
business development (Downtown redevelopment, utility
infrastructure, retention of the marine industry, and beach re -
nourishment). The second category is a residential (neighborhood
protection, preservation, improvements and amenities).
New Population Estimates
The 1999 Future Land Use Element projected population for the year
2000 to be 18,783 persons. The 2000 U.S. Census counted 20,061
persons. This is a difference of 1,278 persons or a 6% increase from
what was projected in 1998.
According to Bureau of Economic and Business Research (BEBR) at
the University of Florida, as of April 1, 2003, the total population of
the City was 27,270. The change between the 2000 census and the
April 2003 BEBR results is 7,209 people, or a 36% increase. Most of
this increase can be attributed to the annexation of land into the City
in 2001. In 2004, it is estimated that approximately 7,000 persons
currently reside in the annexation area.
Broward County and the City projects the City of Dania Beach to
contain 43,800 residents at build out (2025). This is a projected 37%
increase above the current population.
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0 Changes in Land Area
The State of Florida and Broward County encouraged municipalities
surrounding unincorporated areas of the county to annex such lands.
In 2001 the City of Dania Beach annexation 2.18 square miles of land
(See Annexation History map) into the city. The majority of the 2001
annexation area is located east of State Road 7/Route 441. Today
there are no unincorporated areas adjacent to the City; therefore no
additional land will be annexed into the City.
The City wants to encourage quality commercial development (and
redevelopment) in the recently annexed areas. To do this the City
has rezoned annexed commercial land to a city commercial zoning
district. The City wants to encourage commercial uses compatible
with existing residential uses.
Vacant Land for Future Development
The total City acreage is 5,395. Approximately 1, 125 acres or 20% of
the total city is undeveloped. Much of the undeveloped land consists
of properties which have limited development potential. These
include the FPL Griffin Road Power Plant, submerged lands located
north of the FPL Plant, and high voltage electrical lines which run
throughout the city. Excluding these properties, total vacant land is
estimated at 10 — 12 % of the city.
The 2001 annexation area is located west of Ravenswood Road is a
previously developed suburban area; therefore roadways exist to
service this area. Water and sewer service is provided by Broward
County in this area.
Demands of Growth on Infrastructure
The recent designation of the CRA in the eastern section of the City
will encourage commercial and residential redevelopment along the
US 1 corridor. The Local Activity Center (LAC) land use plan
designation will permit 2,465 new residential units in the City, most of
which will be along Dania Beach Boulevard and US 1.
The City has already begun planning for in Infrastructure
improvements in the CRA (See "Conclusion" at bottom of page 8).
RECREATION AND OPEN SPACE: The City has sufficient park
acreage to exceed the requirements of the Comprehensive Plan (3
acres of parks per 1,000 residents. The City has a total of 278.1
acres of parks and open space, which equals approximately 10 acres
per 1,000 residents.
SOLID WASTE: The adopted solid waste level of service standard
identified in the City of Dania Beach Comprehensive Plan is 8.9
pounds per dwelling unit per day. Solid waste generated in the City
of Dania Beach is disposed of by Reuter Recycling of Florida, Inc.
(Reuter) pursuant to the terms of a contract that expires in 2022.
Reuter guarantees disposal capacity within the waste management
family of companies for the City's waste.
Reuter's has a resource recovery facility and transfer station located
in Pembroke Pines, Florida. They also have rights to use facilities at
Recycle America at Pompano Beach, Florida for curb side
recyclables and Central Landfill at Pompano Beach, Florida for
disposal of solid waste. Commercial pick-up is conducted via private
contracts.
DRAINGE/STORMWATER MANAGEMENT: Standards for drainage
facilities adopted in the City of Dania Beach Comprehensive Plan and
Land Development Code are listed in 1-5 below:
1 Road Protection — Residential streets within the City's service
area (east of Ravenswood Road) and the Broward County
service area (w. of Ravenswood Road) with rights -of -way less
than fifty (50) feet wide to have crown elevations no lower than
the elevation for the respective area depicted on the ten (10) year
Flood Criteria Map. Streets in rights -of -way greater than fifty (50)
feet wide to have an ultimate edge of pavement no lower than the
elevation for the respective area depicted on the 1 0-year Flood
Criteria Map.
2. Buildings — Within the City's service area the lowest floor
elevation shall not be lower than the elevation published on the
Broward County 100 Year Flood Elevation Map or 18 inches
above the adjacent crown of road for residential and 6 inches
above the adjacent crown of road for commercial/industrial..
Within the Broward County service area the lowest floor elevation
is to be no lower than the elevation for the respective area
depicted on the 100 Year Flood Elevation Map or the FEMA
Base Flood Elevation, whichever is higher.
3. Storm Sewers — Within the City's service area storm sewers shall
be designed using the Florida Department of Transportation
Zone 10 rainfall curves. Within the Broward County service area
the design frequency minimum is three-year rainfall intensity as
identified by the State Department of Transportation Zone 10
rainfall curves.
4. Flood Plain Routing — Within the City's service area modified
SOS routing method is established by the S.F.W.M.D. "Basis of
Review." Within the Broward County service area calculated
flood elevations based on the 10-year and 100-year return
frequency rainfall of three day duration shall not exceed the
corresponding elevations of the 10-year Flood Criteria Map and
the 1 00-Year Flood Elevation Map.
5. Best Management — Within the City's service area efforts shall be
utilized to use best management practices to reduce pollutant
discharge. Within the Broward County service area prior to
discharge to surface or ground water, BMP's will be used to
reduce pollutant loading from stormwater runoff.
TRAFFIC CIRCULATION: The entire city (including the CRA) is
located with the Broward County Transportation Concurrency Area.
The adopted peak hour level of service identified in the Land
Development Code for arterial, collector and local roads is "D".
POTABLE WATER: The City's Service area includes all areas east
of Interstate 95. The current demand is 2.4 MGD within the service
area. The South Florida Water Management District permitted
withdrawal and design capacity of the water plant is 3.0 MGD.
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The City also has a contract with the City of Fort Lauderdale for an
additional 0.3 MGD.
The City of Dania Beach Comprehensive Plan projects an average
daily demand to be 3.0 MGD in 2005 and 3.5 MGD in the year 2010.
The City has initiated the process to upgrade the municipal water
treatment plant capacity to 5.0 MGD. This improvement should be
completed in 2006/2007. The City had completed the EPA and
Health Department acceptance process for this improvement. Level
of service standards are identified in the Comprehensive Plan and the
Land Development Code.
Within the Broward County service area (west of 1-95) Broward
County shall continue to utilize the potable water demand rate for
residential at 350 GPD per single family unit. Planning for additional
capacity shall begin when 80 percent of the facility's Florida
Department of Environmental Protection permitted capacity is
required. Construction of additional county capacity and/or
implementation of a conservation program shall begin when DPEP's
permitted capacity will not meet current demands plus five years of
anticipated growth.
SANITARY SEWER: According to the City of Dania Beach
Comprehensive Plan and Land Development Code the adopted level
of service for sanitary sewer is 300 gallons per day (GPD) which
equals one equivalent residential unit. The current level of service is
291 GPD. Sanitary sewer service for the area within the City' service
area is provided under a Large User Agreement with the City of
Hollywood. The City of Dania Beach collects and transmits
wastewater to the South Regional Wastewater Treatment Plant
located in Hollywood. The plant capacity is 42 million gallons per day
(42 MGD). The current City average daily demand is 3 MGD.
CONCLUSION,: Additional service capacity for parks, solid waste,
drainage/stormwater management and sanitary sewer will not be
needed because the City is currently under capacity. Funds to
increase water treatment plant capacity to meet projected needs have
been identified and planning and engineering is currently underway.
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CONCURRENCY is addressed through the City's development
review process. Recreation and open space is addressed at the time
a property is platted. The City has a contract with Reuter Recycling
facility which accommodates the existing and future solid waste
needs of the City. Solid waste demand is reviewed based on the
level of service standards identified in the Land Development Code
prior to issuance of a building permit. New development is analyzed
through the site plan review process to insure sufficient design
capacity to sustain the adopted level of service for drainage as
identified in the Comprehensive Plan and Land Development Code.
The City is located in a transportation exception/urban infill area.
Potable water and sanitary sewer demands are analyzed prior to
issuance of a building permit based on the level of service standards
identified in the Comprehensive Plan and the Land Development
Code. The current sanitary sewer agreement with the City of
Hollywood is adequate to meet the needs of the City. In addition,
significant capacity is available at the City of Hollywood's treatment
facility should the City have additional demand.
Affordable Housing
Based on the 2000 Census, the median home value in Dania Beach
was $114,000. This means half the homes were valued at less than
$114,000. Also in 2000, the median rent in the City was $679 per
month and rental units constituted 42% of the occupied housing units.
The City figures are less than the county -wide median home value
($128,000) and county -wide median monthly rent ($1,246 per month).
County -wide, 31% of occupied units were rental units.
Based on the 2000 Census, the city provides more than its "fair
share" of affordable housing, and more affordable housing on a
percentage basis than many cities in Broward County. According to
the Shimberg study, the City of Dania Beach currently provides 4,200
units, or 22% of its entire housing stock, as affordable housing.
Shimberg projects a need for nearly 7,000 affordable units; an
estimated 33% of Dania's housing stock, by 2010.
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Shimberg's projection of a 33% affordable housing set -aside ignores
the cost of providing such housing. Shimberg also ignores the land
use policy of providing a mix of residential and non-residential land
uses (plus housing for all income levels) in order to maintain sufficient
tax base to provide essential services. Such a requirement is even
more onerous given that this city may lose 15% or more of its land
area to airport expansion.
Dania Beach has always, and will continue to support, local
affordable housing initiatives in the City. However, Dania Beach is in
no position financially to meet the Shimberg affordable housing
requirement. This methodology is inapplicable to a small city of
modest resources that has already lost significant tax base to airport
expansion, and is faced with the potential of losing even more.
Location of Development
The development seen by the City in the last five (5) years was, to a
large extent, anticipated by the City's Comprehensive plan. This is
evident by the relatively small number of land use changes requested
in the last five (5) years.
The City's Comprehensive Plan was amended in 2004 to create the
LAC land use plan designation within a portion of the CRA. The LAC
provides for up to 2,465 residential units, up to 800 hotel rooms, and
up to 500,000 square feet of retail space within LAC boundaries. The
Comprehensive Plan also provides:
1) Available residential flex and reserve units for residential
redevelopment occurring along the US 1 Corridor (outside of
the LAC) as well as infill residential development in the western
annexation areas.
2) Available flex acreage (20% Industrial to Commercial rule) to
provide for quality, compatible, tax -base intensive non-
residential development in areas having an "Industrial" land use
plan designation.
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Based on the above, it is not anticipated that major future land use
plan map amendments will be necessary to accommodate future
development during the next five years.
Coordination of School Locations
The three (3) public schools located in Dania Beach are Olsen Middle
School (constructed in 1954 and expanded in 1991), Dania
Elementary School (constructed in 1958 with new buildings added in
1971 and 1992), and Collins Elementary School (constructed in 1957
with one new building added in 1976 and one in 1985).
Two of these schools, Olsen Middle and Dania Elementary, are
located east of US 1 in the City's South East neighborhood. Collins
Element is located in the City's Northwest neighborhood. All three
schools are located east of Interstate 95.
Currently the schools located within the City exceed capacity due in
large part to the classroom size amendment. However, the number
of existing and anticipated students can be accommodated with
modifications to the existing schools.
While much of the future development within the City is anticipated to
occur along US1 and east of US1 along Dania Beach Boulevard, the
form of development (i.e. high density, mid -rise residential) typically
generates few school age children. Therefore, the City can
accommodate addition students in this area with modifications to
existing schools. In addition, the City entered into a tri-party
agreement with Broward County and Broward County School Board
to agree to require payment of a student station fee for each of the
2,465 LAC units to be constructed. School impact fees are also
required for new residential development outside the LAC.
Public schools are permitted in the following Future Land Use
categories: all Residential Land Use, Commercial Land Use,
Downtown Development District Commercial Land Use, Employment
Center Land Use, Community Facilities Land Use and Industrial Land
Use. Schools are considered an amenity to a neighborhood,
however, there are associated traffic impacts during the peak times
when parents of drop off and pick up students.
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The City signed the State mandated Interlocal Agreement with the
Broward County School Board, which requires the City to allow a
School Board representative to participate in the Local Planning
Agency (LPA) discussion regarding residential density changes. The
City also participates in Public School Facility Planning meetings that
occur once every three months.
The City leases classroom space to facilitate City operated after -
school and summer programs. The City also has a forty (40) year
lease to use land owned by the School Board (Meli Park) as a
community park and neighborhood center. The Comprehensive Plan
further encourages the collation of facilities such as libraries, parks
and community centers with public schools to the extent practical and
financially feasible.
The Broward School Board staff uses school enrollment forecasts to
project future school demands, which are based on annual residential
development projections provided by the City. The County also
provides the School Board with their population forecasts (which staff
has reviewed and confirmed), and school enrollment forecasts.
Analyzing Other Local Issues
The issues identified by the City Commission at the April 28, 2004
public workshop and as discussed in the final scoping meeting on
May 25, 2004 with state, regional, county and local officials are as
follows:
• Neighborhood Protection
• Neighborhood Improvement and Redevelopment
• Downtown/CRA Redevelopment
• Bike Paths/Bike Lanes
• Dania Beach Boulevard/US 1
• Beach Re -nourishment
• Protection and support of Marine Related Uses
e Establish additional Community Facilities
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NEIGHBORHOOD PROTECTION
Fort Lauderdale/Hollywood International Airport is a 1,718-acre
facility that abuts the City of Dania Beach to the west, south, and
east. Airport expansion is incompatible with adjacent residential
uses. The City's Comprehensive Plan currently identifies airport
issues in the Future Land Use Element and in the Intergovernmental
Element.
Staff recommends additional policies to reflect the current city
position on airport expansion and neighborhood protection.
NEIGHBORHOOD IMPROVEMENT AND REDEVELOPMENT
Many of the City's neighborhoods are 40 years old or older. Current
neighborhood concerns include improved property maintenance, site
development standards, and condition of housing stock. These
concerns have been identified by the City Commission as existing
deficiencies.
Staff recommends additional objectives and policies articulating
the City Commission's commitment to neighborhood
improvement and redevelopment.
DOWNTOWN/CRA REDEVELOPMENT
The City of Dania Beach established a Community Redevelopment
Agency (CRA) as a means to ensure that downtown Dania Beach
does not experience further decline, as well as to encourage
reinvestment throughout the area.
The City also created a 158 acre Local Activity Center (LAC) land use
designation within a portion of the CRA, to implement the residential
redevelopment component of the CRA Plan. In April, 2004 the
Broward County Board of County Commissioners approved the
establishment of the CRA and LAC for Dania Beach.
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Staff is investigating if additional redevelopment objectives and
policies are needed given the recent approval of the Local
Activity Center Land Use Plan Amendment
BIKE PATHS/BIKE LANES
In an effort to expand alternative modes of transportation, expansion
of bike paths and lanes (and improvements to existing facilities) is
required. The bike paths should provide linkage between City and
County parks and beaches, as well as the downtown and residential
neighborhoods. To facilitate this effort the City has been working with
Broward County to construct a county wide greenway that will run
through the City.
Staff recommends the Broward County Greenway Plans be
incorporated into the Future Land Use Element and
Transportation Elements of the Comprehensive Plan. Staff also
recommends the Transportation Element be amended to identify
high priority sidewalklbike path locations.
0 DANIA BEACH BOULEVARD/US 1
Dania Beach Boulevard and US 1 are located in the City's CRA and
LAC and therefore have a significant role in the redevelopment efforts
of the City. FDOT has jurisdiction over both roadways, therefore their
assistance is needed for the streetscape and roadway improvements
to support pedestrian oriented redevelopment envisioned by the City.
Staff is investigating if additional objectives and policies are
needed given the recent approval of the Local Activity Center
Land Use Plan Amendment and the CRA Plan. Staff has already
transmitted a draft Transportation Element to DCA addressing
the reconstruction of Dania Beach Boulevard from six to four
travel lanes.
BEACH RE -NOURISHMENT
Much of Broward County has seen the gradual erosion of the public
beaches.
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ie The rationale for conducting beach restoration is primarily economic,
although the beaches are also a primary nesting grounds for
threatened and endangered sea turtles and are habitats for a number
of plant and animal species. The beach also forms the first line of
defense against a storm surge, protecting upland property.
Staff recommends additional objectives and policies (Coastal
Element and Future Land Use Element) relative to beach
restoration.
PROTECTION AND SUPPORT OF MARINE RELATED USES
The marine industry has historically been a significant economic
sector within the City. Numerous canals offering ocean access
located in the City help foster marine related uses. Current real
estate market trends, including a strong demand for high -valued
waterfront or water related residential development, are a direct
threat to the marine industries in the City.
Staff recommends additional objectives and policies to the
Coastal and Future Land Use Elements to articulate City
Commission's support of marine related uses.
ESTABLISH ADDITIONAL COMMUNITY FACILITIES
At the EAR public workshop the City Commission requested staff to
investigate the feasibility of establishing additional community
facilities, specifically a post office, library and regional park. Limited
land, coupled with increasing property values, makes it increasingly
difficult for the City to acquire property for these uses. Nevertheless,
such facilities are necessary to provide service delivery over and
above the minimum requirements identified in the Comprehensive
Plan.
Staff recommends additional objectives and policies to the Park
and Recreation Element, Capital Improvements Element, and
Intergovernmental Coordination Element to articulate the City
Commission's support of additional and enhanced community
is facilities.
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AGENDA REQUEST FORM
CITY OF DANIA BEACH
9
AGENDA ITEM NO.
DATE OF COMMISSION MEETING: OCTOBER 12,2004
DESCRIPTION OF AGENDA ITEM: CONSENTAGENDA
COMMISSION ACTION BEING REQUESTED: ORDINANCE — 1ST READING 0
SUMMARY EXPLANATION & BACKGROUND:
EVALUATION APPRAISAL REPORT (EAR) OF THE CITY'S COMPREHENSIVE PLAN
ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
STAFF MEMORANDUM
ORDINANCE
EAR REPORT
FOR PURCHASING REQUESTS ONLY: Dept:
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by:
Laurence G. Leeds, AICP, Director
Community Development Department
City Manager
Amount: $
Date: October 4, 2004
Date
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CITY OF DANIA BEACH
INTER -OFFICE MEMORANDUM
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: October 12, 2004
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director
Corinne Church, AICP, Principal Planner
SUBJECT: Evaluation Appraisal Report (FIRST READING)
WHA T IS THE E VA L UA TION A ND A PPRA ISA L REPOR T?
State Law requires every city and county in Florida to evaluate their
comprehensive plan ("comp plan") every five years. Dania Beach last
evaluated its comp plan in 1999, and as such, must complete a new
evaluation in 2004. The city must adopt and transmit the evaluation, known
as the EAR Report, to the State of Florida Department of Community
Aff a i rs.
The EAR Report includes a summary of the successes/shortcomings in the
five years that have elapsed since the 1999 Comprehensive Plan was
adopted. The EAR Report also includes city-wide issues (identified by the
City Commission) which shall be addressed during the next five years.
EAR Report recommendations, once approved by the State of Florida, will
be implemented by amending the Comprehensive Plan in 2005.
WHY DOES THE CITY NEED TO PREPARE AN EAR?
The EAR Report (and subsequent EAR -Related Comprehensive Plan
Amendments) must be consistent with State Law. State Law is very
specific as to what information and data must be included in the EAR
Report and EAR -Related Comprehensive Plan Amendments. City officials
and staff may do an outstanding job of preparing documents that truly
reflect local needs. However, if the State of Florida determines these same
documents do not meet the formulaic requirements of State Law, the State
Planning Agency will make a finding of " non-compliance." Non-compliance
can prohibit a city from amending its Future Land Use Plan or lead to a loss
of state revenue sharing funds.
WHAT ARE THE MAJOR EAR REPORT ISSUES?
On April 28, 2004, the City Commission identified the following
EAR/Comprehensive Plan issues and the plan elements which need to be
amended accordingly. As indicated in the EAR Document (attached) most
of theamendments consist of new obiectives and policies to articulate the
City Commission's vision for the next five years.
0 NEIGHBORHOOD PROTECTION (AIRPORT EXPANSION)
(Future Land Use Element, Transportation Element)
NEIGHBORHOOD IMPROVEMENT AND REDEVELOPMENT
(Housing Element)
DOWNTOWN/CRA REDEVELOPMENT
(Future Land Use Element)
BIKE PATHS/BIKE LANES
(Transportation Element)
DANIA BEACH BOULEVARD/LIS 1
(Transportation Element)
BEACH RE -NOURISHMENT
(Coastal Element, Future Land Use Element)
SUPPORT OF MARINE RELATED USES
(Coastal Element, Future Land Use Element)
ESTABLISH ADDITIONAL COMMUNITY FACILITIES, I.E. POST OFFICE,
REGIONAL PARK, MUNICIPAL LIBRARY
(Intergovernmental Coordination Element, Park and Recreation Element, Capital
Improvements Element)
SOME OF THE EAR RECOMMENDATIONS REQUIRE FUNDING. DOES
AMENDING THE COMPREHENSIVE PLAN GUARANTEE A FUNDING
SOURCE?
No. Amending the plan does not in and of itself provide any acquisition,
design, or construction funds. Amending the Comprehensive Plan is the
first step in identifying needed public improvements and is sometimes a
pre -requisite to requesting state and federal grants.
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The City can add policies calling for a new municipal library, park, or
infrastructure. However, such policies become unfunded mandates unless
the City identifies funding sources or acknowledges that construction of
these facilities is subject to availability of funds.
In order to portray accurate expectations of what the City can accomplish
over the next five years, the EAR Related Comp Plan Amendments should:
1 Identify a feasible funding source for policies that call for
capital improvements (i.e. impact fees), or
2) Identify those policies where implementation is subject to
availability of funds, or
3) Identify those policies that are subject to county, state, or
federal jurisdiction, and as such, cannot be implemented
with the financial assistance of said agencies.
IF THE CITY COMMISSION APPROVES THE EAR REPORT WHAT
HAPPENS NEXT?
10 Staff transmits the EAR Report to state and regional planning agencies for
review. Staff will then revise the EAR Report plan based on multi -agency
comments and present the final copy to the City Commission for approval.
The EAR Report (as approved by both the City Commission and State of
Florida) must be presented to the State Planning Agency by March, 2005.
The City then has 18 months (October, 2006) in which to incorporate the
EAR Report amendments into the City's Comprehensive Plan.
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On September 20, 2004 the Planning and Zoning Board recommended
approval of the EAR document.
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