ORDINANCE NO._________
AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING FOR TRANSMITTAL THE APPLICATION LA 05-02, CHANGING THE FUTURE LAND USE DESIGNATION OF CERTAIN LANDS FROM: “RESIDENTIAL ONE DWELLING UNIT PER ACRE”, TO “COMMERCIAL”; AND AMENDING THE TOWN OF DAVIE COMPREHENSIVE PLAN BY ADDING POLICY GROUP 28 RELATING TO DEVELOPMENT WITH DIRECT ACCESS OFF A LIMITED HIGHWAY”; PROVIDING FOR INCLUSION, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Davie desires to amend the Future Land Use Element of the Comprehensive Plan; and
WHEREAS, the Local Planning Agency of the Town of Davie held a public hearing on November 8, 2006, and the Town Council, held public hearings on December 6, 2006 and on the date of adoption of this Ordinance; and
WHEREAS, the required public hearing were noticed in accordance with the requirements of Section 12-303 of the Code of the Town of Davie, and Chapter 166.041(3)(c) Florida Statues; and
WHEREAS, the Town Council after due consideration of all matters, hereby finds that the amendment is in conformance with the State Plan, Regional Plan and Broward County land Use Plan, and is internally consists with the Town of Davie Comprehensive Plan; complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, and; and is in the best interest of the health, safety, and welfare of the residents of the Town of Davie.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA:
Section 1: That the text of the Comprehensive Plan is hereby amended as described in Exhibit “A,” attached hereto and made part hereof.
Section 2: That the future land use plan map designation for the property described and illustrated on Exhibit “B,” attached hereto, be amended and changed from:” Residential Estate 1 dwelling unit per acre,” to: Commercial”.
Section 3: That the future land use plan map hereto adopted by the Town Council be and the same is hereby amended to show the property described in Section 2, herein, as “Commercial.”
Section 5: All ordinances or parts of ordinances in conflict herewithin are to the extent of such conflict hereby repealed.
Section 6: 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 jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion of this Ordinance.
Section 7: The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs of Administrative Commission finding the amendment in compliance with Section 163.3184, F.S. The Department of Community Affair’s notice of intent to find the plan amendment in compliance shall be deemed to be a final order if no timely petition is filed challenging the amendment.
PASSED FIRST READING THIS _________ DAY OF _______, 2006.
PASSED SECOND READING THIS _______ DAY OF _______, 2007.
__________________________________
MAYOR/COUNCILMEMBER
ATTEST:
_________________________
TOWN CLERK
APPROVED THIS _____________ DAY OF _________________, 2007.
Exhibit “A”
Proposed Amendments to the Town of Davie Comprehensive Plan
POLICY GROUP 28: COMMERCIAL DEVELOPMENT WITH DIRECT FLORIDA INTRASTATE HIGHWAY SYSTEM (“FIHS”) ACCESS
Objective 28: The Town shall maintain a direct highway access plan with the purpose of using the Town’s access to I-75, I-595, and the Florida Turnpike (”Florida Intrastate Highway System”, or, “FIHS”) to provide access to mixed-use developments of 100 + acres for the for the following purposes:
1. Provide a substantial commercial tax base for the Town.
2. Provide access to the FIHS for these mixed-use developments (“MXDs”) only, and, prevent any access directly into Davie through these developments, except for the purpose of emergency access when deemed necessary by the Town.
3. Buffer the surrounding residents such that the impacts created by the development of the MXDs are no greater than the background impacts projected to be created by FIHS alone.
4. Promote the character of the adjacent properties of the Town along the FIHS, paying particular attention to the character of the residential portions, through buffering, site design, and limitation on access.
5. Use the development of these mixed-use districts to further insulate the residential areas of Davie from further impacts from FIHS.
Policy 28-1: The MXDs shall provide for combinations of business, office, retail, service, and/or other related commercial uses which are necessary to accommodate Davie’s growing population with an emphasis on concentrating development away from sensitive areas and establishing a perimeter with open spaces and lakes.
The MXDs are intended to encourage and promote a coordinated and balanced mix of land uses, provide for shopping, dining, office, hotel, recreational, and government uses and encourage the use of intermodal transit terminals connecting to local and regional transit routes.
Once established, an MXD can not be expanded to encroach into the adjacent neighborhoods.
Policy 28-2: The MXDs shall have the following access and perimeter characteristics:
1. Buffering to protect neighboring land uses from any negative impact from noise, light, and visual impacts shall be required. The buffer shall have landscaped berm and other devices to substantial obscure the view of the mixed-use district from the surrounding residential properties, and, to reduce any ambient noise or night light originating from the mixed-use property to levels at or below the background levels created by FIHS at the boundaries of the surrounding residential properties. The total effect is to provide, wherever possible, a landscaped backdrop of forty-five (45) feet in height obscuring the view from the surrounding properties to the
MXD. The height of buildings within the MXD shall not exceed 60 feet.
2. The MXDs are to be only to be accessible from the FIHS’ interchanges, except for the use of emergency vehicles as specified by the Town.
3. MXDs can not be utilized as justification for amending the Comprehensive Plan to permit uses not compatible with the neighborhoods surrounding the MXD. MXDs will be self contained without external impacts.
Policy 28-3: The MXDs shall be designed as a “Town Center” consistent with Ordinance No. ___________ setting for the Town of Davie Land Development Code for “Town Center District” (TCD).
Policy 28-4: The MXDs shall be designed to encourage pedestrian activity throughout the district, and, the property owner(s) shall be encouraged to cooperate with the Town of Davie, Broward County, the Broward County MPO, and the Florida Department of Transportation in the development of bus and rail transit services to the mixed-use district in a manner that will promote local and regional bus and rail transit systems consistent with the MPO’s Long Range Transportation Plan, the Broward County Transit Development Plan, or locally adopted feasible transportation or transit plans.
Policy 28-5: The redevelopment and development within the MXDs shall ensue that all parcels of land have sidewalk connects leading to transit stops. Such connections shall be required as part of the land development regulations adopted to implement the Town Center District as set forth in the Town of Davie Land Development Code for “Town Center District” (TCD).
Exhibit “B”
Legal Description
All of the north ½ of the southwest ¼ of Section 16, and all of the south ½ of the southwest ¼ of Section 16, Township 50 south, Range 40 east, Broward County, Florida; less and except that portion of said southwest ¼ within the limited access right of way of interstate highway I-75, described as parcel 103 in that order of taking recorded in official record book 7946, Page 741, of the public records of Broward County, Florida.
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