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