DATE: November 20, 2007
TO: D. Mike Good, City Manager
FROM: Richard D. Cannone, Director of Development Services
SUBJECT: Proposed Comprehensive Plan Text Amendment: Intergovernmental Coordination Element, Capital Facilities Element, and the Public School Facilities Element
PURPOSE
To adopt an ordinance amending the City’s Comprehensive Land Use Plan by incorporating a Public School Facilities Element, amending the Intergovernmental and Capital Facilities Elements.
BACKGROUND
Concurrency is a growth management concept intended to make sure that public facilities and services – including parks, roads, water, sewers, and now public schools -- are available to serve existing and new development. Since 1985 Florida has required all cities and counties to approve new development only when those facilities and services are available at an approved level of service. In other words, a local government cannot approve a new development if the approval would cause the level of service of a public facility to drop below the approved level.
In 2005, the Florida Legislature passed a sweeping growth management bill, requiring, among other things, that local governments ensure that adequate public schools are available before approving new residential development. For a residential development to secure a building permit, adequate school capacity must be available or scheduled to be under actual construction within three years of the development’s final approval. If capacity is not available, the developer, the City, and the school district must work together to find a way to provide capacity before the development can proceed. This legislation strengthens earlier attempts to link land use and public schools via an Amended Inter-Local Agreement between the City, School Board, and other local governments in the County. The Amended Inter-local Agreement ensures that any mitigation dollars received from an applicant will be applied to the impacted area.
Discussion
Since the passage of public school concurrency legislation in 2005, the City of Hallandale Beach has been participating in a countywide intergovernmental effort to comply with and implement the new requirements. The statutory deadline for compliance for all local governments in Broward County is February 1, 2008. This shall require the following:
Broward County has taken the lead in developing models of the above items for other local governments to utilize. The County’s items are being reviewed by Department of Community Affairs (DCA) for compliance, and the agency’s comments are pending. Although the City’s amendments mirror the County, the City is required to transmit the amendments to DCA for review and comments. Any comments or modifications received from DCA will be incorporated into the City’s proposed amendments prior to being brought back before adoption on second reading.
Failure to complete these items by the required deadline will halt the City’s ability to amend the Comprehensive Plan and Future Land Use Map, thereby, preventing Master Plan and development projects that require changes to the Comprehensive Plan text and map from moving forward.
COMPLIANCE WITH ZONING CODE
Staff finds this amendment is consistent with the Adherence to Criteria Set Forth in § 32- 963, as these amendments are mandated by the Florida Statutes.
COMPLIANCE WITH COMPREHENSIVE PLAN
As mandated by the State of Florida, Broward County will be amending the County Comprehensive Plan to include a Public School Facilities Element. For Hallandale Beach to maintain compliance with the County’s Comprehensive Plan it is necessary to amend the City’s Comprehensive Plan, as well.
CONCLUSIONS
The proposed amendments to the City’s Intergovernmental Coordination Element and the Capital Improvements Element, as well as the implementation of the Public School Facilities Element are all mandated by the Florida Statutes.
An approval of these text amendments is necessary to coordinate the implementation of school concurrency with the County’s Comprehensive Plan. Upon approval of the Text Amendments by the City Commission on First Reading of the Ordinance, the Amendments will be transmitted to appropriate agencies before the matter is brought back to the City Commission for Second and Final Reading.
The Amended Inter-Local Agreement will be presented to the City Commission for adoption after receipt and incorporation of any comments from the Department of Community Affairs. In addition, staff is preparing the amendments to the City’s Land Development Code to incorporate School Concurrency and anticipate bringing this before the Commission in January, 2008.
The Planning and Zoning Board/Local Planning Agency unanimously recommended approval of the attached ordinance at the November 28, 2007 meeting.
RECOMMENDATION
The City Commission adopt the attached ordinance on First Reading and transmit the Ordinance to the Department of Community Affairs and bring back for second reading when ready.
Reviewed:
_______________________ __________
D. Mike Good, City Manager Date
_____ Approved _____ Denied _____ Hold for Discussion
Comments:
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