|
The applicant,
Dania Entertainment Center, LLC (DEC) is proposing to amend and restate the
existing Development Agreement with the City of Dania Beach (the proposed
“Second Amended and Restated Development Agreement” referred to herein as the
“Development Agreement”). A public hearing is scheduled for September 23,
2014. A second public hearing is tentatively scheduled for October 14, 2014,
at which time the City Commission may take final action on the item. A
community meeting was previously held on May 14, 2014. Mailed notice to the
public was provided to property owners generally located east of I-95 within
the City of Dania Beach. In addition, a display ad was placed in the
newspaper to announce the public hearings.
It is important to note that Section
550.155, Florida Statutes, exempts pari-mutuel developments from local codes
and regulations unless the proposed pari-mutuel development improvements
would present a justifiable and immediate hazard to the health and safety of
municipal residents. In an effort to fully analyze and evaluate the
impact of the project on the City, staff has conducted development review of
the proposed improvements using the process and standards generally
applicable to other developments in the City, as well as other development
standards that have been achieved through alternative designs.
The proposed plans for the renovation,
construction, and future expansion of the Pari-Mutuel Facility consist of:
- The renovation and expansion of the
existing building not more than 325,000 square feet with 2000 slot
machines and other authorized wagering activities as well as a Jai Alai
Fronton and other public assembly and auditorium uses;
- Accessory retail and commercial uses
(45,000 square feet), including the sale of alcoholic beverages;
- Hotels (500 rooms) and other accessory
uses and amenities, including, but not limited to, meeting rooms,
ballrooms, restaurants, bars, and retail stores;
- A recreational marina (60 slips) with
accessory marine related retail and restaurant; and
- Parking garages and facilities.
The proposed uses and development
intensities are similar to those in the previous development agreement
approved by the City Commission on August 23, 2011. The proposed development
plans would modify the location of buildings, parking, access, architecture
and signage. The generalized site and illustrative plans are referred to as
the DEC Capital Improvement Plan.
The applicant is proposing to construct the
following uses and buildings in 4 phases:
Phase 1: Jai-Alai and Gaming Facility Renovation and Expansion (“Phases
1.1, 1.2 and 1.3”)
Phase 2: New Structured Parking Facility, Connecting Building, and
Expanded Surface Parking Areas (“Phases 2.1, 2.2, 2.3, and 2.4”)
Phase 3: Hotel Facilities
(“Phases 3.1 and 3.2”)
Phase 4: Commercial Marina, Commercial and Parking Facilities (“Phases
4.0, 4.1, 4.2 and 4.3”).
The Capital Improvement Plan and the
Development Agreement have been proposed to allow the various phases or
increments to be implemented in non-sequential order. The flexibility in the
phasing of the project will allow DEC the ability to respond to market
demand, all aspects of necessary mitigation and public improvements for the
project to be completed concurrent with the completion of the development
necessitating that mitigation and improvements.
The following is a summary list of certain
aspects of the DEC Capital Improvement Plan and Development Agreement:
The
portion of NE 2nd Street previously vacated by the City as
depicted on the DEC Capital Improvement Plan will be rededicated/reconveyed
to the City in order to improve traffic circulation and mitigate traffic
impacts on the neighboring residential areas. DEC will retain an easement
for access above and across NE 2nd Street for the purpose of a
future connecting parking facilities, not for revenue producing uses.
Access
for the primary gaming facility site (South of NE 2nd Street) is
restricted to Dania Beach Boulevard and Fronton Boulevard.
The
quantity, locations and size of signage has been reduced.
Perimeter
landscaping will meet or exceed the requirements of the City Code in all
respects. Landscaping relating to all other portions of the Property will
meet or exceed the requirements of the City Code as to quality, quantity, and
specifications of landscape materials as determined by measuring the Property
as a whole.
No
buildings will be constructed within the buffer area of 75’ adjacent to NE 3rd
Avenue and 50’ adjacent to NE 2nd Street.
Parking
North of NE 2nd Street is limited to the marina and related retail
use, special events and temporary use with controlled access, and may
eventually be connected with a bridge to parking on the South side of NE 2nd
Street.
Various parking,
lighting, landscaping and specialized pavement improvements will be added to
Fronton Blvd.
DEC
agrees to contribute the amount of Fifty Thousand ($50,000) Dollars to the
City’s park fund to be utilized for improvements or enhancements to Frost
Park at the time of issuance of the first building permit for a hotel.
DEC
agrees to contribute the amount of Fifteen Thousand ($15,000) Dollars toward
improvements to the median on Dania Beach Boulevard across from the
Pari-mutuel Facility.
DEC
and all contractors and subcontractors, will comply with specific access and
management requirements during construction of the DEC Capital
Improvements.
DEC
agrees to pay any business tax receipt applicable to the Pari-mutuel Facility
not to exceed $262.50 per year for the facility and $52.50 per year per day
of Jai-Alai play. Beginning October 1, 2014, or upon the date of execution
of this Agreement, whichever is later, DEC agrees to pay $52.50 per year per
slot machine installed in the Pari-mutuel Facility; and provided further, the
aforesaid rates for the facility and the slot machines will not be increased
unless and until Gross Slot Revenues (as such term in defined in the Broward
Agreement) from said slot machines reach Two Hundred Fifty Million Dollars
($250,000,000) on an annual basis, at which point and thereafter, any such
increase will be governed by Section 205.0535, Florida Statutes.
The attached Capital Improvement Plan and
Development Agreement (version 11) provides additional information and
specific details for the development and use of the site.
|