HomeMy WebLinkAboutO-2011-023 Capital Improvement Element-Public School Facilities Element - Transmittal Phase ORDINANCE NO. 2011-023
TRANSMITTAL PHASE
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PLAN BY
AMENDING THE TEXT OF THE CAPITAL IMPROVEMENTS ELEMENT
AND THE PUBLIC SCHOOL FACILITIES ELEMENT; PROVIDING FOR
TRANSMITTAL AND ADOPTION PURSUANT TO SECTION 163.3184,
FLORIDA STATUTES; PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS,pursuant to Chapter 163,Part 11,Florida Statutes,the City of Dania Beach(the
"City") proposes to amend its Comprehensive Plan (the "Comprehensive Plan") as provided for in
the attached Exhibit"Al"and Exhibit"A2"; and
WHEREAS, Section 163.3184, Florida Statutes, provides for amendments to the
Comprehensive Plan; and
WHEREAS, the City desires to amend the text of the Public School Facilities Element
(PSFE) and the Capital Improvements Element (CIE) of the Comprehensive Plan in order to
reflect recent changes to the Level of Service (LOS) standards of the Broward County School
Board Interlocal Agreement with Broward County and the municipalities in the County; and
WHEREAS, staff has recommended approval of the requested amendment; and
WHEREAS, the Planning and Zoning Board, sitting as the Local Planning Agency, has
reviewed this Ordinance and proposed Comprehensive Plan amendment at a duly noticed
hearing, and recommended its approval and transmittal of the amendment to the Florida
Department of Community Affairs("DCA")in its capacity as the state land planning agency; and
WHEREAS, the City Commission of the City of Dania Beach conducted a first and
second reading of this Ordinance at duly noticed public hearings, as required by law, and
determined that the amendment is consistent with the Comprehensive Plan and is in the best
interest of the City's public health, safety and welfare.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. Intent.
That the preceding WHEREAS clauses are ratified and incorporated as the legislative
intent of this Ordinance.
Section 2. Approval.
That the amendment to the Capital Improvements Element and Public School Facilities
Element of the City of Dania Beach Comprehensive Plan, as attached in Exhibits "Al" and "A2"
and incorporated by this reference, is approved.
Section 3. Transmittal.
Pursuant to Section 163.3184, Florida Statutes, the City Clerk shall timely transmit this
amendment to the City s Comprehensive Plan to the DCA in its capacity as the state land
planning agency, and all other governmental entities as may be required by statute.
Section 4. Inclusion in the Comprehensive Plan.
It is the intention of the City Commission and it is hereby ordained that the amendment to
the Comprehensive Plan made by this Ordinance shall become part of the Comprehensive Plan
of the City of Dania Beach.
Section 5. Conflicts.
All ordinances or arts of Ordinances
p O ances and all Resolutions or parts of Resolutions in
conflict with the provisions of this Ordinance are hereby repealed.
Section 6. Severability.
If any section, sentence, clause or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this Ordinance.
Section 7. Effective Date.
This Ordinance shall become effective immediately upon passage on second reading. In
accordance with Section 163.3184, Florida Statutes, the amendment to the Comprehensive Plan
shall take effect 31 days after the state land planning agency notifies the City that the plan
amendment package is complete; however, if timely challenged, the amendment shall not
become effective until the state land planning agency or the Administration Commission enters a
final order determining the adopted amendment to be in compliance.
PASSED on first reading on July 12, 2011, for transmittal.
2 ORDINANCE#2011-023
TRANSMITTAL PHASE
PASSED AND ADOPTED on second reading on , 2011.
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PATRICIA A. FLURY
MAYOR
ATTEST:
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LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
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TH MA J. AT4SOkO
CITY ATTORNEY
3 ORDINANCE#2011-023
TRANSMITTAL PHASE