§ 47-12.6. Central beach development permitting and approval.

A.

Beach development permit required. No person shall carry out any development nor shall any person use any parcel of land for any purpose in the central beach area without first obtaining a beach development permit from the city in accordance with the provisions and requirements of the ULDR. All development within the Central Beach Area zoning districts shall be subject to all of the provisions of the ULDR and development permits shall be issued in accordance with Section 47-24 and this Section 47-12 of the ULDR. The reviewing authority shall determine if the proposed development is consistent with the development standards for the proposed development under the provisions of the zoning district in which the development is located. In addition to the criteria for review provided in Section 47-24 and Section 47-12, applications for development in the Central Beach Area zoning districts shall be subject to the design and community compatibility criteria provided in Section 47-25.3.

The purpose of the design and community compatibility criteria is to provide criteria for the review of a development application to determine:

1.

Whether the proposed use or the architectural design of the proposed development is compatible with the character of the overall plan of development contemplated by the revitalization plan for the central beach area; and

2.

Whether the architectural design of the proposed development is compatible with the design guidelines provided in Section 47-25.3; and

3.

Whether the proposed development incorporates design or architectural elements which address and mitigate the impact, if any, of the proposed development or use upon existing uses in the immediate vicinity of the proposed use or the architectural design of the proposed development is compatible with the character of the overall plan of development contemplated by the revitalization plan for the central beach area; and

4.

The private sector design guidelines adopted as part of the revitalization plan, which shall be incorporated into this ordinance and shall be utilized as provided in this section.

B.

Design criteria.

1.

It shall first be determined whether the proposed development or use is compatible with the character of the overall plan of development contemplated by the revitalization plan for the central beach area.

2.

It shall then be determined whether the architectural design of the proposed development is compatible with the design guidelines provided in Section 47-25.3. The design guidelines provided in Section 47-25.3 are intended to provide a framework for design review of proposed developments and outline the design elements which have been determined to be compatible with the revitalization plan.

3.

The design guidelines provided in this section are not intended to be exclusive. Alternative architectural and design concepts outlined in the development application will be considered during review of the development application. It shall be the applicant's burden to show that the proposed alternative architectural and design concepts are compatible with the character of the overall plan of development contemplated by the revitalization plan for the central beach area and not incompatible with the design guidelines provided in this section.

4.

It shall then be determined whether the proposed development incorporates design or architectural elements which mitigate the development's impacts, if any, on existing uses in the immediate vicinity of the proposed development.

5.

The goal of the city in the adoption of the revitalization plan is to facilitate development of the central beach area as a world-class destination resort. The primary objective of the design review shall be to implement the overall plan of development and to foster redevelopment as contemplated in the revitalization plan.

C.

Design arbitration.

1.

In the event the reviewing authority determines that the proposed development or the proposed use may not be compatible in accordance with the design and community compatibility criteria provided in this section, the applicant shall have15 days from the date notice is received of such determination to request that the development application be referred to the design arbitration coordinator for review as provided in this section. In the event the applicant does not invoke design arbitration procedures within15 days after receipt of a determination that the development or use may not be compatible, the reviewing authority shall take such action as provided in this section.

2.

The director of the department shall designate one of the professional planners in the employ of the department to serve as the design arbitration coordinator.

3.

The design arbitration coordinator shall maintain a current list of not less than ten design professionals which list includes at least five architects and five landscape architects who have been selected and appointed in accordance with procedures approved by the city commission and are willing to serve as design arbiters where the department, the planning and zoning board or the city commission determines that the architectural design of the proposed development or the proposed use in the central beach area may not be compatible in accordance with the design and community compatibility criteria provided in this section.

4.

Within15 days after the receipt of a reference of an development application where the department, the planning and zoning board or the city commission has determined that the architectural design of the proposed development or the proposed use may not be compatible in accordance with the design and community compatibility criteria provided in this section, the design arbitration coordinator shall by random selection, select a design arbiter from the list of available architects or landscape architects, based on the type of expertise necessary to review the development. The design arbitration coordinator may select an architect and a landscape architect if both types of professionals are needed to review the development, in which event the provisions herein shall apply to each design professional. The design arbitration coordinator shall notify the selected design professional and confirm the professional's availability and willingness to serve as a design arbiter and to advise the design professional of the identity of the applicant and his professional team including the design professionals in order to ascertain whether there are any personal or professional relationships with the applicant and his professional team.

5.

In the event the selected design professional advises the design arbitration coordinator that he or she is unavailable or unwilling to serve as a design arbiter or there is an existing or past professional relationship that prevents the design professional from serving as an independent arbiter, the design arbitration coordinator shall select another design professional in the same manner the first design professional was selected and shall repeat the procedures described herein until an available and willing design professional is selected. As soon as the design arbitration coordinator confirms the selection of a design arbiter, the coordinator shall advise the applicant of the selection and the applicant shall select from the list of available and willing professionals maintained by the design arbitration coordinator a second design professional to serve with the selected design professional.

6.

The design professional randomly selected by the design arbitration coordinator and the design professional selected by the applicant shall select a third design professional from the list of available and willing professionals maintained by the design arbitration coordinator.

7.

Within 30 days after the selection of the design arbitration panel, the panel shall meet and shall consider the development application, the report and recommendation of the department, the recommendation of the planning and zoning board and city commission, if any and shall make a determination by majority vote of the panel as to whether the architectural design of the proposed development or the proposed use is compatible in accordance with the design and community compatibility criteria provided in this section. If the design arbitration panel finds the development to be incompatible, it shall recommend modifications to the development necessary to support a finding that the development is compatible.

8.

If the developer agrees with the recommended modifications, the development as modified shall be re-reviewed by the same reviewing authorities initially reviewing the development. If the developer does not agree with the recommended modifications, or the panel finds the development to be compatible, the determination of the design arbitration panel shall be forwarded to the authority initially referring the development application for a final determination that the architectural design of the proposed development or the proposed use is compatible in accordance with the design and community compatibility criteria provided in this section. If the decision making authority determines that the proposed development is compatible, that determination shall entitle the applicant to a beach development permit subject to whatever conditions may have been specified by such decision making authority. If the decision-making authority determines that the proposed development or use is not compatible, the authority shall take such action as provided in this section. A developer may not initiate the design arbitration process more than once for a development application unless a reviewing authority finding the project incompatible consents to an additional review of the proposed development.

D.

Applications for development approval.

1.

In addition to all other requirements for a development application pursuant to Section 47-24, an application for development for the Central Beach area shall include but not be limited to the following:

a.

A narrative description of the proposed development and use and an explanation of how the proposed development or use is consistent and compatible with the goals, policies, objectives and strategies of the central beach area revitalization plan.

b.

An ingress and egress plan at a scale of not less than one inch equals 100 feet showing all walkways and drives that will be used for pedestrian and vehicular access to the proposed development or use. The ingress and egress plan shall indicate the number of pedestrian and vehicular trips that are anticipated for each point of ingress and egress on a peak hour basis and on an average daily basis, and shall extend to at least the centerline of all rights-of-way and shall include the first20 feet of each adjacent parcel of land. The plan shall also show all curb cuts, driveways, parking areas, loading areas and shall describe the surfacing materials of same.

c.

A narrative description of the proposed architectural theme and character of the proposed development or use including an explanation of how the proposed architectural theme and character relates to the goals, policies, objectives and strategies of the central beach revitalization plan. This requirement may be combined with subsection D.1.a.

d.

Graphic illustrations of the architectural theme and character of the proposed development or use, including building elevations, floor plans and illustrations that show that the proposed development or use is compatible with the Design and Community Compatibility Criteria provided in Section 47-12.7 and Section 47-25.3 in terms of materials, signage, height, mass, color, composition and lines.

e.

A parking plan showing the location, number and accessibility of parking that will serve the proposed development or use and delineating the area to be provided for employee and guest parking.

f.

An off-site improvement plan sufficient in area, extent and detail to describe each and every off-site improvement that is proposed to be constructed in conjunction with the proposed development.

g.

A plan showing the location of all pedestrian walks, malls, yards and open spaces.

h.

A plan and elevation showing the location, character, size, height and orientation of all signs on the development parcel proposed for development or use.

i.

A management plan for collection and disposal of refuse generated by service of food and beverages for consumption off premises, if proposed.

j.

Any information, studies, models or projections such as traffic projections, shadow studies and studies related to the adequacy of parking deemed necessary due to the nature and complexity of the proposed development or use.

E.

Effect of other ULDR provisions. Unless otherwise provided in this Section 47-12, the provisions of the ULDR with general applicability to development within the City shall apply as requirements of the development of property within the CBA districts described in this Section 47-12. However, any provision of this Section 47-12 of the ULDR shall prevail when any provision elsewhere in the ULDR shall conflict.

F.

Application for plat approval or beach development permit outside of the PRD district but within the central beach area (CBA).

1.

No plat of property or beach development permit for development of property located outside of the PRD district but within the CBA shall be approved nor ACTs designated for development of property unless a finding of adequacy that traffic capacity is adequate to support the proposed development is made. Upon submission of an application for development, a concurrency evaluation shall be conducted and a finding of adequacy made in accordance with the Adequacy Requirements, Section 47-25.2. In the event that the impact of a proposed development necessitates the designation of ACTs, upon issuance of a finding of adequacy, ACTs will be reserved for the proposed development. The ACTs will continue to be reserved as long as the finding of adequacy and beach development permit are valid.

2.

Upon issuance by the city of a certificate of occupancy within the time provided in Section 47-12.8, the city will designate the ACTs, the county shall be advised of the designation of the ACTs to the development and the designated ACTs shall be subtracted from the total ACTs available for development.

3.

The city may designate RCTs for development outside of the PRD, but within the CBA and may designate ACTs within the PRD district if such designation is found to promote the revitalization and redevelopment goals of the city.

G.

Development and permitting for PRD districts.

1.

Application for plat approval within the PRD district.

a.

No plat of property located within the PRD district which requires the use of Reserve Capacity Trips (RCTs) to meet traffic concurrency requirements shall be approved nor RCTs designated for development of property to be platted unless development of the property is proposed and completed in accordance with a beach development permit issued in accordance with the provisions of this section and the provisions of this regulation. RCTs shall be allocated in connection with the approval of a plat of property located within the PRD district in accordance with the following procedure:

i.

An applicant for approval of a plat of property located within the PRD district shall submit, simultaneously with the submission of an application for plat approval, an application for a beach development permit.

ii.

The application shall include a proposal for development of the property proposed to be platted and shall include all information as required pursuant to this section.

iii.

An applicant shall submit an application for concurrency evaluation in accordance with Adequacy Requirements, Section 47-25.2. Upon review of the application it will be determined whether RCTs will be required in order for the proposed development to meet traffic concurrency requirements. If RCTs are required, a finding of concurrency will be made in conjunction with the reservation of RCTs as provided in this section.

iv.

A plat shall only be approved by the city simultaneously with the issuance of a beach development permit. Upon initial DRC approval of the application for plat and beach development permit approval, RCTs will be reserved for the proposed development. The RCTs will continue to be reserved until the expiration of the time for approval or recordation of the plat as provided by Broward County Code or expiration of the beach development permit, whichever occurs first.

v.

Upon recordation of the plat or issuance of a certificate of occupancy, whichever occurs later, the RCTs shall be finally deducted from the RCT total.

vi.

If a plat is not approved or recorded within the time provided in accordance with the Broward County Code, or a beach development permit expires for a proposed development, the RCTs reserved for such development shall be voided, added back to available RCT total and a new application for plat approval, beach development permit and concurrency evaluation must be submitted and approved by the authorized city agency prior to the applicant commencing or continuing development.

2.

Application for a beach development permit within the PRD district.

a.

RCTs shall be allocated in connection with the approval of a beach development permit for development of property located within the PRD district in accordance with the following procedures:

i.

An applicant for approval of a beach development permit shall submit an application for a beach development permit in accordance with the provisions of this section.

ii.

An applicant shall submit an application for concurrency evaluation in accordance with Section 47-25.2, Adequacy Requirements. Upon review of the application it will be determined whether RCTs will be required in order for the proposed development to meet traffic concurrency requirements. If RCTs are required, a finding of concurrency will be made in conjunction with the reservation of RCTs as provided in this section.

iii.

Upon issuance of a beach development permit, RCTs will be reserved for the proposed development. The RCTs will continue to be reserved as long as the development is completed in accordance with the beach development permit and within the time provided in this section.

iv.

Upon issuance by the city of a certificate of occupancy within the time provided in this section, the city will designate the RCTs, the county shall be advised of the designation of the RCTs to the development and the designated RCTs shall be subtracted from the total RCTs available for development.

v.

If a beach development permit expires for a proposed development, the RCTs reserved for such development shall be voided, added back to available RCT total and a new application for beach development permit and concurrency evaluation must be submitted and approved by the authorized city agency prior to the applicant commencing or continuing development.

(Ord. No. C-97-19, § 1(47-12.6), 6-18-97; Ord. No. C-01-10, § 1, 4-5-01)

Editor's note

It should be noted that the provisions of former Section 47-12.7, Design and community compatibility criteria, have been included in the amended version of Section 47-12.6 by Ord. No. C-01-10, adopted April 5, 2001. See the Code Comparative Table.