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Home My WebLink AboutO-2004-018 PZ Bd Ex-Officio MemberE ORDINANCE NO. 2004 - 018 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CHARTER (PART IX, "CITY PLANNING AND DEVELOPMENT", ARTICLE 2, "CITY PLANNING AND ZONING BOARD", SECTION 1 , "ESTABLISHMENT AND MEMBERSHIP") TO PROVIDE THAT A DESIGNEE OF THE BROWARD COUNTY SCHOOL BOARD MAY SERVE AS AN EX-OFFICIO (NOW VOTING) MEMBER OF THE BOARD AS DIRECTED BY STATE LAW; FURTHER, AMENDING SECTION 19-21 ("MEETINGS") OF THE CITY CODE OF ORDINANCES TO CHANGE THE TIME OF MEETINGS OF THE BOARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Part 1, Article 2, Section 1 of the City Charter, which section pertains to the establishment and membership of the planning and zoning board, is amended to read as follows: PART IX. CITY PLANNING AND DEVELOPMENT ARTICLE 2. CITY PLANNING AND ZONING BOARD Sec. 1 Establishment and membership. The "city planning and zoning board" of the City of Dania Beach , Florida, consisting of five (5) members, is heFeb created and established. Sa4 The members shall be appointed by resolution of the city commission and each shall serve at the pleasure of the city commission and each shall be a resident and qualified voter of the City of Dania Beach, Florida. In addition, the School Board of Broward County, Florida is authorized to appoint a designee to serve as an ex-officio (non -voting) member of the Board. Such appointee is not required to be either a resident or qualified voter of the _Qj!L Such board shall elect a chairman, vice-chairman and secretary from its members. The city manager, city building *RspeGtO official, city attorney, superinte Rt ef parks and other city officials are'considered as advisors to the city planning and zoning board, and may be called on from time to time to meet with said the board. SaW The board shall serve without compensation. Regular meetings of sai4 the board shall be held monthly at times specified, and minutes of said Board meetings shall be kept and preserved, but special meetings may be called efteRe more frequently, if desired. ORDINANCE NO.: 2004-018 E E Section 2. That Section 19-21 of the City Code of Ordinances, which Section is entitled "Meetings", is amended to read as follows: Sec. 19-21. Meetings. The regular meeting of the City Planning and Zoning Board of the City of Dania Beach shall be held at 7:3-0-00 p.m. not less than once each month. Section 3. 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. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED on first reading on April 13, 2004. PASSED AND ADOPTED on second reading on April 27, 2004. C.K. MtLLYV( MAYOR — COMMISSIONER ATTEST: LOUISE STILSON CITY CLERK ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES VICE -MAYOR MIKES - YES MAYOR MCELYEA - YES APPROVED AS Tn7 AND CORRECTNESS: BY: THWA�/J.�ANS8RO CITY ATTORNEY 2 ORDINANCE NO.: 2004-018 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: APRIL27,2004 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING - ORDINANCE — 2 N' READING 3. ACTION BEING REQUESTED: REQUEST BY THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE CITY ATTORNEY TO AMEND THE CITY OF DANIA BEACH CHARTER TO ALLOW A DESIGNEE OF THE BROWARD COUTNY SCHOOL BOARD TO SERVE AS AN EX-OFFICIO (NON -VOTING) MEMBER OF THE PLANNING AND ZONING BOARD 4. SUMMARY EXPLANATION & BACKGROUND: 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Ordinance Staff report Advertisement 6. FOR PURCHASING REQUESTS ONLY: DEPT: 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: 11 Submitted by: Laurence G. Leeds, AICP, Director Community Development Department City Manager 0 AMOUNT: $ Date April 19, 2004 Date 0 0 CITY OF DANIA BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM DATE: April 27, 2004 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director 6, ........ FROM: Corinne Church, AICP, Principal Planner SUBJECT: Request by the Community Development Department and the City Attorney to amend the City of Dania Beach charter to allow a designee of the Broward County School Board to serve as an ex-officlo (non -voting) member of the Planning and Zoning Board (SECOND READING). The City of Dania Beach entered into an interlocal agreement with the Broward County School Board on May 20, 2003, as required by Florida State Statue. Article 7 of the interlocal agreement states that Broward County School Board "shall appoint a School District staff member(s) to be its representative on the County and each respective Municipality's local planning agency". The Planning and Zoning (P&Z) Advisory Board serves as the Local Planning Agency (LPA) for the City of Dania. The City is required to invite the school district board appointee to P and Z Advisory Board meetings when it considers zoning changes or comprehensive plan amendments which increase residential density. The membership of the P&Z is identified in the City's charter. As such, staff has proposed an amendment to Part 1, Article 2, Section 1 of the City Charter, which pertains to the establishment and membership of the P&Z board. This School Board appointee will be a non -voting member of the LPA. CITY COMMISSION PREVIOUS ACTION On April 13, 2004 the City Commission approved, on first reading, the requested charter amendment. STAFF RECOMMENDATION Approve the charter amendment as proposed. 0 ARTICLE VI SUPPORTING INFRASTRUCTURE 6.1 In conjunction with the preliminary consistency determination described at Subsection 5.4 of this Agreement, the School Board and affected local governments will jointly determine the need for and timing of on -site and off -site improvements necessary to support each new school or the proposed significant renovation of an existing school, and will enter into a written agreement, or amend a current agreement, if applicable, to be consistent with this Agreement as to the timing, location, and the party or parties responsible for funding, constructing, operating and maintaining the required improvements. ARTICLE VII LOCAL PLANNING AGENCY, COMPREHENSIVE PLAN AMENDMENTS, REZONINGS, AND DEVELOPMENT APPROVALS 7.1 To the extent required by Section 163.3174, Florida Statutes, as may be amended from time to time, the School Board shall appoint a School District staff member(s) to be its representative on the County and each respective Municipality's local planning agency. Notification of the staff member's name, title and address shall be submitted in a timely manner to the applicable local planning agency. 7.2 To the extent required by Section 163.3174, Florida Statutes, as may be ame . nded from time to time, the County, or Municipalities will include the representative appointed by the School Board to serve on its local planning agency, or equivalent agency and the representative will have the opportunity to attend those meetings at which the agency considers comprehensive plan amendments and rezonings that would, if approved, increase residential density for the property that is the subject of the application. When available, the School Board representative shall attend and participate in local planning agency meetings at which residential density could increase. The County or Municipalities may at its discretion grant voting status to the School Board representative. 7.3 As a part of its development review process, the County and Municipalities agree to provide a copy of rezoning and comprehensive plan amendment applications that could increase residential density to the Superintendent. At a minimum, the information provided shall include the name of the applicant, current and proposed use, existing permitted and proposed and type of units, acreage, general location map and section, township and range and the anticipated date the local planning agency may consider this item if such date is determined at the time the information is provided. The County or Municipalities shall provide the deadline for receiving comments from the Superintendent, however, the time provided to PRINTED 41�3 Page 7 of 45 0 the Superintendent for submitting such comments shall be no less than twenty-one (21) days and no greater than thirty (30) days from the date the information is provided to the Superintendent. If no deadline is provided together with the information, then the Superintendent shall provide comments no later than thirty (30) days after receipt of the information. Further, the County or Municipalities will notify in writing to the Superintendent when the application receives final approval from the governing body. 7.4 The School Board shall continue to participate in the Broward County land use plan amendment review process through its Broward County Planning Council appointed member. 7.5 The School Board shall continue to participate through staff review in the Broward County plat, site plan, vacation petition and other pertinent development applications review process and participate as necessary on other growth management issues. 7.6 The County and the Municipalities agree to notify the Superintendent of proposed land use applications, amendments to the comprehensive plan future land use map, rezonings, developments of regional impact, and other residential or mixed - use development projects with a residential component pending before them that may affect student enrollment, enrollment projections, or school facilities. Such notice shall be provided to the Superintendent at the same time as notice is provided to the public for the applications under the provisions of the County Code or City Ordinances. 7.7 The written comments provided by the Superintendent to the County and Municipalities regarding rezoning, comprehensive plan amendments, plats, and other residential or mixed use projects with a residential component will advise the local government of the student impacts anticipated to result from the development proposal, the capacity status of the schools(s) and the planned capacity improvement(s) and alternatives available. School capacity will be reported consistent with Department of Education, Florida Inventory of School Houses. 7.8 If sufficient capacity is not available or anticipated in the District Educational Facilities Plan to serve the development the School Board, local government, and developer may use their best efforts to collaboratively develop options that aim to provide the capacity to accommodate new students. 7.9 In reviewing and approving comprehensive plan amendments and rezonings the County and Municipalities may consider the following issues consistent with applicable governmental codes and comprehensive plans in addition to such other criteria as may be applicable or appropriate: (a) School Board comments provided pursuant to Chapters 163 and 10 13, Florida Statutes which may include, but not be limited to: PRINTED 4AI03 Page 8 of 45 0 0 (i) Available school capacity or planned improvements to increase school capacity; (ii) The provision of school sites and facilities within planned neighborhoods; (iii) Compatibility of land uses adjacent to existing schools and reserved school sites; (iv) The collocation of parks, recreation and neighborhood facilities with school sites; -(v) The linkage of schools, parks, libraries and other public facilities with bikeways, trails, and sidewalks for safe access; (vi) Traffic circulation plans which serve schools and the surrounding neighborhood; (vii) The provision of off -site signalization, signage, access improvements, and sidewalks to serve schools; (viii) The inclusion of school bus stops and turnarounds; and (ix) The installation of appropriate buffers such as, but not limited to, a solid fence or concrete wall, solid hedges or increased setbacks that will ensure compatibility with the adjacent school for any new development that will be located adjacent to an existing school or an identified future school. 7.10 In formulating community development plans and programs that may affect public school facilities, the County and Municipalities will provide notice to the Superintendent concerning any workshop or regular meetings which relate to such community development plans and programs and will invite the Superintendent's submission of comments and participation at such meetings. ARTICLE VIII COLLOCATION AND SHARED USE 8.1 Collocation and shared use of facilities are important to both the School Board and local governments. In accordance with pertinent School Board growth management policy, the School Board will look for opportunities to collocate and share use of school facilities and civic facilities when preparing the District Educational Facilities Plan. Likewise, collocation and shared use opportunities will be considered by the local governments when preparing the annual update to the comprehensive plan's schedule of capital improvements and when planning and designing new, or renovating existing, community facilities. For example, opportunities for collocation and shared use with public schools will be PRINTED 41W3 Page 9 of 45 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the Dania Beach City Commission on Tuesday, April 27, 2004 at 7:00 p.m., or as soon thereafter as possible, in the City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following ordinance: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CHARTER (PART IX, "CITY PLANNING AND DEVELOPMENT", ARTICLE 2, "CITY PLANNING AND ZONING BOARD", SECTION 1, "ESTABLISHMENT AND MEMBERSHIP") TO PROVIDE THAT A DESIGNEE OF THE BROWARD COUNTY SCHOOL BOARD MAY SERVE AS AN EX-OFFICIO (NON -VOTING) MEMBER OF THE BOARD AS DIRECTED BY STATE LAW; FURTHER, AMENDING SECTION 19-21 ("MEETINGS") OF THE CITY CODE OF ORDINANCES TO CHANGE THE TIME OF MEETINGS OF THE BOARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed petition are available for viewing in the Department of Community Development, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday - Friday. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Miriam Nasser, Acting City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, and (954) 924-3624, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Publish — Friday, April 16, 2004 0