HomeMy WebLinkAboutO-2011-016 CIE Public School Facilities Element Update WITHDRAWN ORDINANCE NO. 2011-016—WITHDRAWN ON SECOND READING
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, ADOPTING THE ANNUAL UPDATE TO THE CAPITAL
IMPROVEMENTS ELEMENT OF THE CITY OF DANIA BEACH
COMPREHENSIVE PLAN IN ACCORDANCE WITH SECTION 163.3177,
FLORIDA STATUTES, AND AMENDING THE PUBLIC SCHOOL
FACILITIES ELEMENT TO REFLECT CHANGES MADE BY THE ANNUAL
UPDATE TO THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 163.3177, F.S., all local governments are required to
adopt a Comprehensive Plan that includes a Capital Improvements Element; and
WHEREAS, also pursuant to Section 163.3177, F.S., all local governments are required
to annually adopt an update to the Capital Improvements Element to provide for improvements
that are necessary to achieve and maintain the level of service standards for the public facilities
listed within Section 163.3180, F.S.; and
WHEREAS, the City Commission of the City of Dania Beach desires to amend its
Comprehensive Plan by amending the Capital Improvements Element in accordance with
Section 163.3177 (3)(b)(2), F.S., and the Public School Facilities Element in order to implement
the changes to the Capital Improvements Element; and
WHEREAS, the City Commission finds that the annual update to the Capital
Improvements Element and the related amendments to the Public School Facilities Element are
consistent with state law and the City's Comprehensive Plan (copies of which are attached as
Exhibit"A" and made a part of, and incorporated into, this Resolution); and
WHEREAS, the City of Dania Beach Planning and Zoning Board, sitting as the Local
Planning Agency, held a duly advertised public hearing and determined that the proposed
amendments are consistent with the goals and objectives of the City of Dania Beach
Comprehensive Plan and, therefore, recommended approval of the proposed amendments; and
WHEREAS, the City Commission held a duly noticed public hearing regarding the
proposed amendments, and determined that the amendments are in the best interest of the City's
public health, safety and welfare should be adopted pursuant to Chapter 163, Florida Statutes;
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 as the
legislative intent of this Ordinance.
Section 2. The City Commission adopts the annual update to the Capital
Improvements Element within the City's Comprehensive Plan,which is attached as Exhibit"A".
Section 3. The City Commission adopts an amendment to the Public School
Facilities Element within the City's Comprehensive Plan, which is attached as Exhibit "A," to
reflect changes made by the annual update to the Capital Improvements Element.
Section 4. 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 5. That if any section, clause, or provision 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.
Section 6. This Ordinance shall be effective immediately upon passage by the City
Commission on its second reading, except that the effective date of the Comprehensive 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, whichever
occurs earlier. 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 Comprehensive Plan Amendments is filed.
PASSED on first reading on May 10, 2011.
WITHDRAWN on second reading on June 28, 2011.
ATTEST:
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
THOMAS A. ANSBRO
CITY ATTORNEY
2 ORDINANCE 42011-016