HomeMy WebLinkAboutCity of Tamarac Ordinance O-2010-018Temp Ord No. 2207
August 30, 2010
Page 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2010- If
AN ORDINANCE OF THE CITY OF TAMARAC,
FLORIDA, AMENDING CHAPTER X ARTICLE VI
ENTITLED, "LAND DEVELOPMENT AND
CONSISTENCY STANDARDS" OF THE CITY OF
TAMARAC LAND DEVELOPMENT CODE, BY
CREATING SECTION 10-333, "PUBLIC SCHOOL
CONCURRENCY", ESTABLISHING PUBLIC SCHOOL
FACILITIES CONCURRENCY REQUIREMENTS;
PROVIDING FOR INCLUSION IN CODE; PROVIDING
FOR SEVERABILITY: PROVIDING FOR CONFLICT;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature adopted Senate Bill 360 in 2005,
amending Chapter 163 and Chapter 1013, Florida Statutes (F.S.), making the
availability of public schools a prerequisite for the approval of plats and site plans
with residential components; and
WHEREAS, all plats, replats, plat note amendments and site plans with a
residential component are now subject to this prerequisite, also known as public
school concurrency; and
WHEREAS, Section 163.3177(12), F.S., requires the City to adopt a public
school facilities element into the comprehensive plan which is consistent with those
elements adopted by other local governments located within Broward County; and
WHEREAS, Section 163.31777, F.S., requires the City to enter into an.
Interlocal Agreement with the School Board and Broward County to ensure that
school facilities are properly coordinated with residential development; and
WHEREAS, the City Commission of the City of Tamarac approved and
executed the Amended Interlocal Agreement on April 23, 2008 to comply with the
statutory requirement; and
Temp Ord No. 2207
August 30, 2010
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WHEREAS, the Florida Department of Community Affairs issued a notice of
intent to the City of Tamarac dated July 21, 2008, finding the Public School
Facilities Element in compliance; and
WHEREAS, the City Commission of the City of Tamarac adopted its Public
School Facilities Element of the Comprehensive Plan on June 11, 2008; and
WHEREAS, Broward County and all non-exempt municipalities are required
by Sec. 163.3180, F.S., to adopt public school concurrency provisions into their
respective land development codes; and
WHEREAS, the Broward County Board of County Commissioners has
adopted an ordinance to amend its Land Development Code to provide for public
school concurrency provisions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: Recitals Adopted. That the foregoing 'WHEREAS" clauses are
hereby ratified and confirmed as being true and correct and are hereby made a
specific part of the Ordinance upon adoption hereof.
SECTION 2: Code Amendment. That the Unified Land Development Code of
the City of Tamarac is hereby amended by adding Section 10-333 "Public School
Concurrency" to read as follows:
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August 30, 2010
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Sec. 10-333. Public school concurrence.
(A) Adequate public school facilities must be in place or under construction
within three L ears of approval of development applications subject to the
public -school concurrency requirement, or as otherwise provided by Section
163.3180 F.S. Pursuant to the Public School Facilities Element of the City of
Tamarac_ Comprehensive Plan (PSFE) and the Amended Interlocal
Agreement ILA the City, in collaboration with the Broward County School
Board, shall ensure public school facilities will be available for current and
future students, consistent with available financial resources and adopted
level of service standards and that such facilities will be available concurrent
with the impact of proposed residential development.
(B) Applications su sect to a public concurrency determination.
(1) The City shall not aPDrove an application fora plat, replat, plat note
amendment or any site plan with a residential component hereafter
referred to as "applicationfs ") that generates one (1) or more
students or is not exem t or vested from the requirements of public
school concurrency, until the School Board has reported that the
school concurrency requirement has been satisfied.
(C) Exemptions. The following applications shall be exempt from the
requirements of public school concurrenc
(1) An application which generates less than one 1 student at each level
in the relevant Concurrency Service Area. Such development shall be
subject to the payment of school impact fees.
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August 30, 2010
Page 4
(D)
(2) An application for age -restricted communities with no -permanent
residents under the age of eighteen (18). Exemption for an age -
restricted community shall only be available subject to recordation of a
declaration of restrictive covenants in the Public Records of Broward
County, Florida prohibiting the residence of school -aged children in a
manner consistent with federal, state, or local laws or regulations.
(3) As may otherwise be exempted by Florida Statutes, including but not
limited to applications that meet specific qualifying criteria outlined in
the applicable statute, and approved by the School Board.
Vested Development. The following residential applications shall be vested
from the requirements of public school concurrencY
(1) Any application for property that is included within a plat or
development agreement, for which school impacts have been satisfied
for the dwelling units included in the proposed application. This
includes any unexpired application approved by the City between
February 2, 1979, and the effective date of the Public School Facilities
Element. In the transmittal of an application to the School Board the
City shall include written information indicating that the units in the
application are vested.
(E) To be exempt or vested from the requirements of public school concurrency,
an applicant is required to submit written evidence sufficient to verify that the
subiect development meets the exemptions stated herein and. as such. is
exempt from the requirements of public school concurrency.
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August 30, 2010
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(F) Level of Service Standards
(1) The level of service standard (LOS) shall be one hundred ten 110
percent of the permanent Florida Invento of School Housing FISH
capacity for each Concurrency Service Area. The LOS shall be
achieved and maintained within the eriod covered by the five-year
schedule of capital improvements contained in the effective Five -Year
Adopted District Educational Facilities Plan DEFP .
(G) Concurrency Service Areas CSAs
(1) The areas for implementation of public -school concurrency in the City
of Tamarac shall be known as Concurrency Service Areas which
shall be the approved school boundaries for elementaM middle and
high schools as annually
adopted by
the
School Board. For the
purpose ofublic school
concurrency,
such
CSAs shall be effective
starting on the first day of the school ypar, and ending on the last day
before the beginning of the next school year.
(H) Student Generation Rates
(1) The effective adopted student generation rates pursuant to Section 5-
182_(_m) of the Broward County Land Development Code shall be
utilized to determine the potential student impact of submitted
applications.
(1) Public School Impact Application (PSIA).
(1) Any applicant submitting an application that is not exempt or vested is
sub'ect to school concurrency and is required to submit a Public
School Impact Application for review by the School Board. Evidence
of acceptance of the PSIA and payment of the applicable PSIA fee to
Temp Ord No. 2207
August 30, 2010
Page 6
ME
the School Board is required prior to City acceptance of the
application.
School Capacity Availability Determination Letter SCAD proportionate
share mitigation.
(1) The City --shall not approve an application or amendment thereto
unless:
(a) The application is exempt or vested from the requirements of
public school concurrency, or
(b) A SCAD letter has been received from the School Board
confirming that capacity is available; or
(c) If capacity is not available the proportionate share mitigation
has been accepted by the School Board.
(2) The School Board shall determine the potential student impact from
the application on the applicable CSA _ by performing the review
procedure specified in School Board Policy 1161, as amended.
(3) If the School Board determines that sufficient capacity is available at
the adopted LOS to accommodate students anticipated from the
application, the School Board shall issue a SCAD letter indicating that
adequate school facilities exist to accommodate the student impact
and the application satisfies public school concurrency requirements.
(4) If the School Board determines that sufficient permanent capacity is
not available at the adopted LOS to accommodate students
anticipated from the application, the SCAD letter shall state that the
application has not satisfied public school concurrency requirements
and the basis for such determination. The applicant shall have thirty
Temp Ord No. 2207
August 30, 2010
Page 7
30 days to propose proportionate share mitigation to the School
Board.
(5) If the applicant proposes proportionate share mitigation within the
thirt 30 day period that the School Board subsequently accepts, a
legally binding document shall be executed among the School Board
the City_, _ and the _applicant, and recorded_ in the Public Records of
Broward County, Florida.
(6) Upon execution of said document, the School Board„ shall issue an
Amended SCAD letter stating that based upon the accepted
proportionate share mitigation, adequate capacity will exist to
accommodate the student impact anticipated from the proposed
development, and that the proposed development satisfies the public
school_concurrency„ requirement.
(7) The total amount committed for any mitigation option shall not be less
than the school impact fees due for the proposed units as calculated
based upon the adopted school impact fee schedule contained in the
Broward County Land Development Code. The school impact fee due
for the development shall be considered included in the total
proportionate share mitigation amount due or paid. If the ro ortionate
share mitigation is not accepted by the School Board the amended
SCAD letter shall state the basis upon which the mitigation
ro osal s was rejected and why the development is not in
compliance with public school concurrency requirements.
Temp Ord No. 2207
August 30, 2010
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(K)
(8) The SCAD letter shall be sent to the applicant, the Broward County_
Development Management Division, and the City of Tamarac, no later
than forty-five (45) days after acceptance of the PSIA by the School
Board.
(9) An applicant adversely impacted by a SCAD determination may
appeal such determination by written request to the School Board
within the designated thirty (30) day time period. A timely request for
an appeal shall stay the requirement for an _applicant to propose
proportionate share mitigation until the appeal has been resolved.
(10) If an application or approval expires, the SCAD letter will no longer be
valid.
Expiration of ConcurrencyNesting
(1) The public concurrency approval for an application shall _ expire if
development does not commence, as outlined in paragraph (2) below,
within five 5 ears following the date of City Commission approval.
(2) When an application receives approval, satisfaction of concurrency far
the number of anticipated students shall be considered _vested for up
to five (5) years beginning from the date the developer received
approval from the City. Vesting of an application beyond five 5 ears
re uires that one of the following conditions is met within the five 5
year period:
(a) The issuance of a building permit for a principal building and
first inspection approval, or
(b) Substantial completion or project water lines, sewer lines, and
rock base for internal roads.
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August 30, 2010
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SECTION 3: Inclusion. It is the intention of the City Commission that the
provisions of this Ordinance shall become and be made a part of the City of
Tamarac Unified Land Development Code.
SECTION 4: Conflicts. All Ordinances or parts of Ordinances, and all
Resolutions or parts of Resolutions in conflict herewith are hereby rep&aled to the
extent of such conflict.
SECTION 5: Severability. If any word, phrase, clause, sentence or section of
this Ordinance is, for any reason, held unconstitutional or invalid, the invalidity
thereof shall not affect the validity of any remaining portions of this Ordinance.
SECTION 6: Effective Date. This Ordinance shall take effect immediately
upon its adoption.
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Temp Ord No. 2207
August 30, 2010
Page 10
PASSED, FIRST READING this DAY OF2010.
PASSED, SECOND READING this DAY OF 2010.
ATTE
-
RECORD OF COMMISSION VOTE: 1ST Reading
WLAA— TEUFEL,
MAYOR TALABISCO
L'"-�'
INTERIM! -CITY CLER
DIST 1: COMM BUSHNELL
DIST 2: COMM. GOMEZLAI—
DIST 3: COMM. GLASSER
- r�
DIST 4: V/M DRESSLER��
i
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form:
vloeAl) q1-oo-
SA_KXL GORE
CITY ATTORNEY
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR TALABISCO +-
DIST 1: COMM BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: COMM. GLASSER
DIST 4: V/M DRESSLER
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