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Home My WebLink AboutO-2005-030 LAC - Creation of Section 6.56ORDINANCE NO. 2005-030 0 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY CREATING ARTICLE 6 "SUPPLEMENTARY USE REGULATIONS," SECTION 6.56, "LOCAL ACTIVITY CENTER (LAC)" TO IMPLEMENT THE REQUIREMENTS OF THE TRI-PARTY INTERLOCAL AGREEMENT WITH THE SCHOOL BOARD OF BROWARD COUNTY AND BROWARD COUNTY FOR EDUCATIONAL MITIGATION FEES TO BE PAID BY RESIDENTIAL DEVELOPMENT IN THE LAC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, as a condition of approval of the City's Land Use Plan Amendment PC 03- 6 and Land Use Text Amendment PCT 03-3 to establish a Local Activity Center ("LAC") land use designation for property generally located in the City's downtown, Broward County ("County") required the City of Dania Beach ("City") to enter into a tri-party interlocal agreement regarding educational mitigation for the residential component of the City's LAC; and WHEREAS, on October 14, 2004, the City entered into such a tri-party interlocal agreement with The School Board of Broward County ("School Board") and the County; and WHEREAS, the total cost of mitigation for the 277 students projected to be created by the 2,465 dwelling units approved in the LAC was determined to be approximately $4,199,099; and WHEREAS, pursuant to both the approvals for PC 03-6 and PCT 03-3 creating the LAC and the tri-party agreement, the City must confirm that all residential developers in the LAC have contributed their share of this mitigation, prior to issuing any building permits for such development; and WHEREAS, the Planning and Zoning Board, after due notice and public participation in the hearing process and sitting as the City's Local Planning Agency, has reviewed these proposed provisions and recommended their approval to the City Commission; and WHEREAS, pursuant to law, notice has been given by publication in a paper of general circulation in the City; notifying the public of this proposed ordinance and of a public hearing; and 11 WHEREAS, a public hearing before the City Commission was held pursuant to the published notice described above, at which all citizens so desiring had an opportunity to be heard; and WHEREAS, the City Commission finds that enactment of these provisions through its police powers will protect the public 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 foregoing "Whereas" clauses are ratified and incorporated as the legislative intent of this Ordinance. Section 2. That Section 6.56 "Residential Development in the Local Activity Center (LAC)" of Article 6 "Supplementary Use Regulations" of Chapter 28 "Zoning" of the City's Code of Ordinances is created to read as follows: CHAPTER 28. ZONING 0 0 0 ARTICLE 6. SUPPLEMENTARY USE REGULATIONS 0 0 0 Section 6.56. Local Activity Center (LAC). (a) Educational mitigation requirement for residential development. Any application for a building permit for new residential development in the LAC is subject to an educational mitigation requirement. As required by Broward County's approvals of the LAC, by Policy 1161 of the School Board of Broward County, and by interlocal agreement with the County and School Board, the applicant shall pay to the School Board an amount equal to the cost per dwelling unit (regardless of residential types or bedroom mix) as derived from the cost per student station for each LAC dwelling unit, as provided below. (1) Amount. The student station cost shall be an amount equivalent to at least $1,703.00 per residential unit, and shall be determined by the State of Florida's cost per student station schedule in effect at the time of application for building permit. (2) County determination of adequacy required. The applicant shall present documentation of the payment and notice to the City prior to submission of an application for a building permit. The City shall not issue a building permit or certificate of occupancy for residential development within the LAC, without first receiving proof 2 ORDINANCE #2005-030 that Broward County has determined that the student station cost was paid as required 40 and that the payment was adequate. (b) Notice to School Board. The City shall notify the Superintendent of the School Board or his or her designee of approval of any site plan or plat for residential development within the LAC, which notice shall include the location of the project and the number and type of dwelling units approved. Section 3. That, except as amended above, all other provisions of Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force and effect. Section 4. That all ordinances or parts of ordinances and all resolutions or parts of resolutions 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 take effect immediately at the time of its passage and adoption. PASSED on first reading on October 11, 2005. PASSED AND ADOPTED on second reading on November 8, 2005. ,ATTEST: LOUISE STILSON CITY CLERK 0 D'�� ct".)�� ANNE CASTRO MAYOR —COMMISSIONER ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES VICE -MAYOR FLURY - YES MAYOR CASTRO - YES 3 ORDINANCE #2005-030 APPROVED AS TO FORM AND CORRECTNESS: BY: TtIOMA�J. 'AP RO CITY A/TTORNEY 0 ORDINANCE #2005-030 AGENDA REQUEST FORM CITY OF DANIA BEACH AO / AGENDA ITEM No._7 0 1. DATE OF COMMISSION MEETING: OCTOBER 25,2005 2. DESCRIPTION OF AGENDA ITEM: STUDENT FEE INTERLOCAL AGREEMENT — 2 ND READING 3. COMMISSION ACTION BEING REQUESTED: ORDINANCE2 ND READING Z 4. SUMMARY EXPLANATION & BACKGROUND: 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): STAFF MEMORANDUM ORDINANCE PUBLIC HEARING NOTICE 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 0 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: STAFF Submitted by: Laurence G. Leeds, AICP, Director Date October 11, 2005 Community Development Department City Manager 0 Date 0 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: October 25, 2005 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director (:� . SUBJECT: Student Station Fee in the Local Activity Center (2nd Reading). The Broward County Commission approved the creation of a Local Activity Center (LAC") Land Use designation in the downtown area creating a pool of approximately 2,400 dwelling units. As a condition of approval, the City- must amend its zoning code to require all LAC residential developers to pay the school board a school impact fee of approximately $1,800 per dwelling unit. This fee is expected to rise over time, tracking the consumer price index or some other economic indicator. CITY COMMISSION PREVIOUS ACTION On October 11, 2005 the City Commission passed this amendment on first reading. PLANNING AND ZONING BOARD RECOMMENTATION On September 29, 2005 the Planning and Zoning Board recommended approval of the student station fee. STAFF RECOMMENDATION Approval; required as a condition of LAC approval. 0 Classifieds: South Florida Sun -Sentinel Page 4 of 5 4. CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING ORDINANCE #2005-030 Date: October 25, 2005 — 2nd & Final Reading Time: 7:00 p.m., or as soon thereafter as possible Place: City Commission Room, Dania Beach Administrative Center, 100 West Dania Beach Blvd, Dania Beach, Florida 33004 A Public Hearing will be conducted by the City Commission relating to a zoning text change within the City of Dania Beach (Chapter 28, Zoning), as follows: AN ORDINANCE AMENDING CHAPTER 28 'ZONING'OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY CREATING ARTICLE 6 'SUPPLEMENTARY USE REGULATIONS', SECTION �6.56, 'LOCAL ACTIVITY CENTER (LAC)' TO IMPLEMENT THE REQUIREMENTS OF THE TRI- PARTY INTERLOCAL AGREEMENT WITH THE SCHOOL BOARD OF BROWARD COUNTY AND BROWARD COUNTY FOR EDUCATIONAL MITIGATION FEES TO BE PAID BY RESIDENTIAL DEVELOPMENT IN THE LAC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) For information about the changes to the City of Dania Beach's Code of Ordinances Chapter 28, Zoning, contact the City's Department of Community Development, 100 West Dania Beach Blvd., Dania Beach, Florida, (954) 924-3645 between the hours of 8:00 a.m. and 4:00 p.m., Monday - Friday. Interested parties may appear at the public hearing and be heard with respect to the public hearing. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924- 3622, at least 48 hours prior to the meeting. Any person who decides to appeal any decision made by the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate October 14, 2005 Publication Date: Oct. 14-14 0 Email Ads: Send To: Mark Ad: RJ Comments (optional) http://www.sun-sentinel.com/classified/genmercl-i/marked-ads.JSP 10/14/2005