Title
An Ordinance Of The City Of Hollywood, Florida, Amending Section 6.7 Of The Zoning And Land Development Regulations Entitled "Required Improvements" By Amending Section 6.7 (G) (2) Entitled "Fees Imposed. Applicability" As It Relates To The Requirements For Payment Of Park Impact Fees For Residential, Hotel Or Motel Development.
Body
Staff Recommends: Approval of the attached Ordinance
Explanation:
At Second Reading on November 20, 2013, the City Commission approved Ordinance No. O-2013-21 amending Section 6.7 (G) of the Zoning and Land Development Regulations regarding the payment of park impact fees for all persons platting or subdividing land or obtaining site plan approval for residential, hotel or motel development.
During First Reading, there were a number of citizen questions and concerns regarding changes to the Ordinance. In particular, concern was voiced regarding the Sheridan Stationside Village project - primarily, that the proposed amendments would allow the developer to renege on the commitment to dedicate the Okomo Coral House and six acre park to the city. Between the First and Second Reading, the City Manager and Director of Real Estate met with the Hollywood Council of Civic Associations and reached out to several concerned citizens to answer questions and discuss concerns. As a result, the Ordinance adopted at Second Reading reflected a number of changes to address resident concerns. In order to assuage concerns regarding the Coral House/ six acre park, specific language was added to Section 6.7 (G) (2)(c) that the effective date of November 20, 2013 for the amendments in O-2013-21 would not apply to any projects with a completed application or development permit submitted prior to November 20, 2013.
Subsequent to adoption of the Ordinance, it was learned that a Declaration of Restrictive Covenants had been recorded May 5, 2008 in Broward County Records (copy attached), whereby pursuant to Article 6. "Okomo Coral House" and Park the developers agree to preserve the coral house and portion of the surrounding oak hammock, which shall be dedicated and designed in cooperation with the City of Hollywood for use as a public park consisting of approximately six acres.
Given that the preservation of the coral house and six acre park are provided for in said recorded Declaration of Restrictive Covenants and also given the original intent and purpose of Ordinance No. 0-2013-21 " to simplify the administrative process, saving time and costs, eliminate subjective interpretation, encourage economic development, provide a more equitable payment of fees throughout the city, and to provide enhanced language regarding Florida court standards for constitutionally valid impact fees", staff recommends that language in § 6.7 (G) (2) (c) be deleted in its entirety, that subsection (2)(d) be renumbered as (2)(c), and that the effective date of this Amended Ordinance be retroactive to November 20, 2013.
At the Planning and Development Board meeting on March 13, 2014, the Board reviewed the proposed text amendment and voted to forward a recommendation of approval to the City Commission.
Recommended for inclusion on the agenda by:
Frederick J. Hopkins, Director of Real Estate;
Chuck Ellis, Director, Department of Parks, Recreation and Cultural Arts
Cathy Swanson-Rivenbark, City Manager