AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ...



Ordinance 2008-

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA AMENDING THE COMPREHENSIVE PLAN BY ADDING A PUBLIC SCHOOL FACILITIES ELEMENT; BY AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT TO COORDINATE THE IMPLEMENTATION OF SCHOOL CONCURRENCY; BY AMENDING THE CAPITAL IMPROVEMENTS ELEMENT TO IMPLEMENT SCHOOL CONCURRENCY; PROVIDING FOR THE TRANSMITTAL OF THE CITY’S PUBLIC SCHOOL CONCURRENCY COMPREHENSIVE PLAN AMENDMENTS PURSUANT TO CHAPTER 163, FLORIDA STATUTES, AS AMENDED; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.

WHEREAS, §163.3167(2), Florida Statutes, requires that each local government prepare a Comprehensive Land Use Plan in compliance with the Local Government Comprehensive Planning and Land Development Act, as amended from time to time; and

WHEREAS, §163.3184(15), Florida Statutes, requires that the Comprehensive Plan be adopted by the governing body of the local government by Ordinance; and

WHEREAS, §163.3177, Florida Statutes, and the applicable provisions of Chapter 9J-5, Florida Administrative Code, requires that the Local Government Comprehensive Plan shall consist of goals, objectives and policies, procedures for monitoring and evaluation of the local plan, requirements for capital improvements, implementation and required maps; and

WHEREAS, in 2005, the Florida Legislature enacted Ch. 2005-290, Laws of Florida, which provided for public school concurrency to ensure that public schools are available at the adopted level of service and concurrent with the impacts of residential development; and

WHEREAS, pursuant to the recently-enacted legislation, the City desires to enhance the coordination and integration of planning for school capacity with the comprehensive planning processes; and

WHEREAS, City Staff recommends the approval of the proposed amendments, provided as Exhibit “A,” which are necessary to implement the provisions of public school concurrency; and

WHEREAS, the Planning and Zoning Board, as the Local Planning Agency, at its meeting on November 28, 2007, considered the proposed amendments to the City’s Comprehensive Plan and voted to transmit the amended Plan to the City Commission and the Department of Community Affairs (“DCA”) and applicable agencies with a favorable recommendation; and

WHEREAS, the City Commission desires that the City’s Comprehensive Plan Amendments, as provided in Exhibit “A,” be transmitted to the DCA for their review and consideration, and that the proposed amendments are in the best interests of the citizens and residents of the City.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA::

Section 1. In order to comply with the provisions of Chapter 163, Florida Statutes, the City Commission of the City of Hallandale Beach, Florida hereby adopts the City’s Public School Facility Element and associated amendments to the Intergovernmental Coordination and Capital Improvements Elements of the Comprehensive Land Use Plan, provided as Exhibit “A” attached hereto and made part hereof, to provide for public school concurrency and to ensure that public schools are available at the adopted level of service and concurrent with the impacts of residential development.

Section 2. The City Commission hereby further authorizes the appropriate City officials to submit this Ordinance and the City’s Comprehensive Plan, as amended herein, to the State of Florida Department of Community Affairs and to any other governmental agency having jurisdiction with regard to the approval of same in accordance with and pursuant to Chapter 163, Florida Statutes, and to keep copies of the Plan Amendments available for public review and examination at the Hallandale Beach City Hall.

Section 3. The City Commission hereby certifies that it shall and will conduct such public hearings as may be required pursuant to Chapter 163, Florida Statutes, as amended, in order to adopt the Comprehensive Plan Amendments and so directs the City Administration to conduct and publish same, as provided by general law.

Section 4. If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of this Ordinance.

Section 5. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict.

Section 6. This Ordinance shall be effective immediately upon passage by the City Commission on second reading, except that the effective date of the amendments approved by this Ordinance shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. The Department of Community Affairs notice of intent to find the amendments in compliance shall be deemed to be a final order if no timely petition challenging the amendments is filed.

PASSED on 1st reading December 4, 2007.

ADOPTED on 2nd reading ________________________.

_______________________________

MAYOR-COMMISSIONER

ATTEST:

_________________________

CITY CLERK

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