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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2012-015Temporary Ordinance No. 2245 March 14, 2012 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2012- AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 10, ARTICLE VI, SECTION 10-333, "PUBLIC SCHOOL CONCURRENCT OF THE CITY CODE OF ORDINANCES FOR THE PURPOSE OF AMENDING THE LEVEL OF SERVICE STANDARD FOR PUBLIC SCHOOL FACILITIES; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE nATF WHEREAS, Section 163.31777, Florida Statutes (F.S.), requires the City of Tamarac (the "City") to enter into an Interlocal Agreement with Broward County Public Schools (the "School Board") and Broward County (the "County") to ensure that public school facilities are properly coordinated with residential developments in the County; and WHEREAS, The School Board adopted its Second Amended I nterlocal Agreement for Public School Facility Planning (the "Second Amended Agreement") on February 2, 2010, and that the Second Amended Agreement was subsequently approved by the Broward County Commission on February 23, 2010- and WHEREAS, the City Commission of the City of Tamarac (the "City Commission") approved and executed the Second Amended Agreement on May 26, 2010 to comply with the statutory requirement; and WHEREAS, the Second Amended standard for public school facilities for the Agreement revised the level -of -service purpose of making school concurrency determinations, and that the State Land Planning Agency issued a notice of intent to find the Second Amended Agreement consistent with the minimum requirements of Section 163.31777(2), F.S.; and Temporary Ord inance No. 2245 March 14, 2012 Page 2 WHEREAS, the Public School Facilities Element and Capital Improvements Element of the City's Comprehensive Plan have been amended to address the required public school concurrency provisions consistent with the Second Amended Agreement; and WHEREAS, the City is also required to amend the City's Code of Ordinances to adopt the required public school concurrency provisions that are consistent with the requirements of the Second Amended Agreement, and the amended Public School Facilities Element and Capital Improvements Element of the Comprehensive Plan; and WHEREAS, the Local Planning Agency has reviewed this Ordinance at a duly noticed hearing on March 7, 2012 and recommended its adoption; and WHEREAS, the City Commission has reviewed this Ordinance at duly noticed hearings and determined that it is consistent with the Second Amended Agreement and the City's Comprehensive Plan; and WHEREAS, the City Commission hereby finds and declares that adoption of this Ordinance is necessary, appropriate and advances the public's interest. 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. Temporary Ordinance No. 2245 March 14, 2012 Page 3 SECTION 2: Code Amendment. That Section 10-333 "Public School Concurrency" of the City of Tamarac Code of Ordinances is hereby amended to read as follows: Sec. 10-333. Public School Concurrency. (f) Level of Service Standards. (1) The level of service standard (LOS) shall be one hundred tefl--{1,-1-93 sa�asi�� (100) percent of gross capacity (with relocatable classrooms) for each Concurrency Service Area until the end of the 2018/19 school year; and commencing at the 2019/20 school year, the LOS for each CSA shall be 110 percent of permanent FISH capacity. The LOS shall be achieved and maintained within the period covered by the five-year schedule of capital improvements contained in the effective Five -Year Adopted District Educational Facilities Plan (DEEP). SECTION 3: Inclusion in the Code. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the City's Code of Ordinances. SECTION 4: Conflicts. All ordinances or parts of ordinances, resolutions or parts of resolutions, in conflict herewith, are hereby repealed 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. Temporary Ordinance No. 2245 March 14, 2012 Page 4 SECTION 6: Effective Date. This Ordinance shall be effective immediately after adoption on second reading, unless the companion comprehensive plan amendments establishing a new public school facilities level -of -service standard is timely challenged pursuant to Section 163.3184, F.S., in which case the Ordinance shall take effect on the date that the State Land Planning Agency or the Administration Commission enters a final order determining the adopted amendment to be in compliance. T READING this DAY OF �r f PASSED, FIRS r� , 2012. PASSED, SECOND READING this ATTEST: PETER M. J. CRM, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. SAMUEL S. GOREN CITY ATTORNEY N // DAY OF �rj^r+a 2012. MAYOR ECORD OF COMMISSION VOTE: 1st Reading M AYO R TALABISCO` DIST 1: COMM. BUSHNELLn- DIST 2: COMM. GOMEZ `� §�7F DIST 3: V/M GLASSER DIST 4: COMM. DRESSLER RECORD OF COMMISSION VOTE: 2nd Reading MAYOR TALABISCO DIST 1: COMM. BUSHNELL a-"- DIST 2: COMM. GOMEZ C . DIST 3: V/M GLASSER DIST 4: COMM. DRESSLER