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HomeMy WebLinkAboutO-2008-021 Comp Plan-EAR Based Amendments-Transmittal Stage ORDINANCE NO. 2008-021 (TRANSMITTAL STAGE) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY OF DANIA BEACH'S COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ELEMENT (FLUE), HOUSING ELEMENT, TRANSPORTATION ELEMENT, AND COASTAL ELEMENT PURSUANT TO THE STATE-APPROVED CITY OF DANIA BEACH EVALUATION AND APPRAISAL REPORT AS MORE SPECIFICALLY SET FORTH IN EXHIBITS "A," `B,""C," AND "D;" PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND ALL OTHER UNITS OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCIES REQUIRED BY LAW; PROVIDING FOR ADOPTION PURSUANT TO SECTIONS 163.3184 AND 163.3187, FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.3191, Florida Statutes, directs local governments to periodically assess the success or failure of the adopted Comprehensive Plan to adequately address changing conditions and state policies and rules; and WHEREAS, Section 163.3191, Florida Statutes, directs local governments to adopt needed amendments ensuring that the Comprehensive Plan provides appropriate policy guidance for growth and development; and WHEREAS, pursuant to Resolution 2004-035, the City Commission adopted the Evaluation and Appraisal Report ("EAR") which was transmitted to the Florida Department of Community Affairs ("DCA") for its sufficiency review; and WHEREAS, on December 30, 2004, the DCA submitted a sufficiency review to the proposed EAR to satisfy DCA's request for additional information; and WHEREAS, pursuant to Ordinance No. 2005-010 the City Commission held another duly advertised pubic hearing on March 22, 2005, adopting the revised EAR incorporating the DCA comments; and WHEREAS, on June 30, 2005, DCA informed the City that with certain additional specified changes, the EAR will be found to be sufficient; and WHEREAS, pursuant to Ordinance No. 2006-005, the City Commission held another duly advertised public hearing on January 10, 2006, adopting the revised EAR incorporating the DCA comments; and WHEREAS, on April 18, 2006, DCA informed the City that with certain additional specified changes, the EAR will be found to be sufficient; and WHEREAS, pursuant to Ordinance No. 2007-010, the City Commission held another duly advertised public hearing on January 23, 2007, adopting the revised EAR and further incorporating the DCA comments; and WHEREAS, on April 30, 2007, the Department of Community Affairs ("DCA") informed the City that the EAR adopted on January 23, 2007, by Resolution Number 2007-010, was found to be sufficient, pursuant to subsection 163.3191(2), Florida Statutes and constitutes the final determination of the report; and WHEREAS, in accordance with the EAR, Ordinance 2007-010 set forth that the City intended to amend its Comprehensive Plan to implement the recommendations contained in the EAR; and WHEREAS, the City now wishes to adopt proposed amendments to the Comprehensive Plan pursuant to the state-approved EAR as determined to be sufficient by DCA; and WHEREAS, pursuant to state law, the Planning and Zoning Board, acting in its capacity as the Local Planning Agency, held a duly noticed public hearing on June 18, 2008 to review the proposed Comprehensive Plan amendments and has forwarded a recommendation of approval to the City Commission; and 2 ORDINANCE #2008-021 TRANSMITTAL STAGE WHEREAS, after having received input and participation by interested members of the public and staff, and having considered the recommendation of the Planning and Zoning Board, the City Commission desires to transmit the proposed amendments to the DCA, and to any other units of local government and governmental agencies as required by law for review after first reading of this Ordinance; and WHEREAS,prior to adoption of the amendments on second reading, city staff addressed all of the DCA's objections, recommendations and comments, if any, to the proposed amendments to the Comprehensive Plan;; and WHEREAS, the proposed amendments have been noticed in accordance with applicable law; and WHEREAS, the City Commission has conducted public hearings on the proposed amendments as required pursuant to Chapter 163, Florida Statutes; and WHEREAS, the City Commission finds that the proposed amendments are consistent with the City's Comprehensive Plan and deems it to be in the best interests of the citizens and residents of the City to incorporate the EAR-based amendments into the City's Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the preceding "Whereas" clauses are ratified and incorporated into this Ordinance as the legislative intent of this Ordinance. Section 2. That the City Commission amends the "Future Land Use Element" (FLUE) of the City of Dania Beach's Comprehensive Plan, as more specifically set forth in Exhibit"A", attached to and incorporated by reference. 3 ORDINANCE#2008-021 TRANSMITTAL STAGE Section 3. That the City Commission amends the "Housing Element" of the City of Dania Beach's Comprehensive Plan, as more specifically set forth in Exhibit `B", attached to and incorporated by reference. Section 4. That the City Commission amends the "Transportation Element" of the City of Dania Beach's Comprehensive Plan, as more specifically set forth in Exhibit "C", attached to and incorporated by reference. Section 5. That the City Commission amends the "Coastal Element" of the City of Dania Beach's Comprehensive Plan, as more specifically set forth in Exhibit "D" attached to and incorporated by reference. Section 6. That the City Commission further directs the City Clerk to transmit a certified copy of this Ordinance and the proposed comprehensive "EAR based" plan amendments to the Florida Department of Community Affairs, and all other units of local government and governmental agencies as required by Florida law for their review after approval on first reading of the Ordinance. Section 7. That the City Commission adopts the amendments to the Comprehensive Plan contained in Exhibits "A", `B", "C" and "D" of this Ordinance after second reading of the Ordinance. Section 8. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this Ordinance are repealed to the extent of such conflict. Section 9. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. 4 ORDINANCE 92008-021 TRANSMITTAL STAGE Section 10. That the effective date of the plan 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 plan amendments in compliance in accordance with Section 163.3184, Florida Statutes. The Department of Community Affairs' notice of intent to find the plan amendments in compliance shall be deemed to be a final order if no timely petition challenging the plan amendments is filed. PASSED on first reading on July 22, 2008 (transmittal stage). PASSED AND ADOPTED on second reading on , 2008. ALBERT C. JONES OitOWAgt)s A�nYOR-COMMISSIO R �FiVa 7 LOUISE STILSON, CIVIC CITY CLERK nq�D 190A APPROVED AS TO F RM ND CORRECTNESS: BY: TH AS . AN BRO CITY A ORNEY 5 ORDINANCE #2008-021 TRANSMITTAL STAGE