CITY OF NORTH LAUDERDALE

COMMUNITY DEVELOPMENT DEPARTMENT

TO: Mayor and City Commission

FROM: Richard D. Sala, City Manager

BY: Tammy Reed-Holguin, Community Development Director

Jacob G. Horowitz, Assistant City Attorney JGH

DATE: January 9, 2007

SUBJECT: Proportionate Fair Share Mitigation Ordinance

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The City Attorney’s Office advised the City Commission during the December 12^th 2006, Commission meeting that during the 2005 legislative session, the State Legislature passed a bill requiring all municipalities to enact an ordinance providing for proportionate fair-share mitigation options for impact on transportation facilities. The City Attorney’s Office prepared an ordinance incorporating the relevant provisions of the Broward County Land Development Code and state law in order to comply with the aforementioned State Statute. The City Commission adopted the first reading of the Ordinance on December 12, 2006.

The item is before the City Commission tonight for second reading and final adoption. The City staff has researched the impact of incorporating these provisions of the Broward County Land Development Code into the City’s Land Development Code and it appears as though there will be no change in the way the impact fees are currently collected or distributed due to the incorporation of these provisions. The City Attorney’s Office has advised Administration and the Commission that by taking this action, the City will meet the timeline requirements of the State Bill regarding proportionate fair-share mitigation options.

Recommendation:

The City Administration recommends Commission’s consideration and approval of the second and final reading of the attached ordinance amending Article XVIII Of The City’s Code Of Ordinances, entitled “Transportation T District” in order to comply with the requirements of Section 163.3180, Florida Statutes regarding Proportionate Fair-Share Mitigation options for impact on transportation facilities.

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING ARTICLE XVIII OF THE CITY’S CODE OF ORDINANCES, ENTITLED “TRANSPORTATION T DISTRICT”; PROVIDING FOR THE CONCURRENCY MANAGEMENT REGULATIONS OF THE CITY OF NORTH LAUDERDALE BY SPECIFICALLY ADDING SECTION 106-535, ENTITLED “SATISFACTION OF BROWARD COUNTY CONCURRENCY STANDARDS,” IN ORDER TO PROVIDE FOR COMPLIANCE WITH THE REQUIREMENTS OF SECTION 163.3180, FLORIDA STATUTES, AS AMENDED FROM TIME TO TIME, TO PROVIDE FOR THE ENACTMENT OF A PROPORTIONATE FAIR-SHARE MITIGATION ORDINANCE; INCORPORATING BY REFERENCE SECTION 5-182(a)(5)(b) OF THE BROWARD COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the 2005 Florida State Legislature adopted amendments to the state growth management program which directed local governments to comply with a requirement that “proportionate share contributions” be accepted from developers in satisfaction of statewide transportation concurrency requirements by December 1, 2006; and

WHEREAS, pursuant to Section 163.3180, Florida Statutes, the City of North Lauderdale (hereinafter referred to as the “City”) is required to enact an ordinance to provide that the City accept proportionate share contributions from developers in order to satisfy statewide transportation concurrency requirements; and

WHEREAS, the City lies within the Broward County Central and North Central Concurrency Districts, standard concurrency districts for purposes of Broward County’s (hereinafter referred to as the “County”) concurrency management system for the County roadway network; and

WHEREAS, the intent of the proportionate fair-share mitigation of development impacts on transportation corridors is to ensure that developments outside of the transit concurrency districts contribute their fair share towards the County-approved improvements for that district; and

WHEREAS, in order to meet the requirements of the 2005 legislative amendments with regard to the County roadway network, it is necessary for the City to incorporate by reference the requirements of Section 5-182(b)(5) of the Broward County Land Development Code, as amended from time to time; and

WHEREAS, the City Commission deems it to be in the best interests of the health, safety and welfare of the citizens and residents of the City to add Section 106.535 to the City’s Code of Ordinances as provided herein.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA THAT:

Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct, and are hereby incorporated herein and made a part hereof.

Section 2. Section 106-535 is hereby added to the City of North Lauderdale Code of Ordinances as follows:

Section 106-535 Satisfaction of Broward County concurrency standards.

The burden shall be on the applicant to demonstrate compliance with the standards detailed in this section. If applicable, the development application shall be reviewed to ensure that the proposed development satisfies the Broward County Concurrency Standards for the Regional Road Network as outlined in Section 5-182(a) of the Broward County Land Development Code, as amended from time to time. The applicant shall provide the necessary documentation from Broward County demonstrating satisfaction of these requirements. The applicant may choose to satisfy the transportation concurrency requirements by making a proportionate share contribution to an eligible transportation project located within the Central and North Central Concurrency Districts, pursuant to the requirements set forth in Section 5-182(a)(5)(b)(4) of the Broward County Land Development Code, as amended from time to, and Section 163.3280, Florida Statutes, as amended from time to time.

The options available for and methodology for determining the amount of proportionate share mitigation, and the procedures for the City to implement such proportionate share mitigation on the City’s roadway network, shall be as specified in Section 5-182(a)(5)(b)(4) of the Broward County Land Development Code, as amended from time to time.

Section 3. It is the intention of the City Commission of the City of North Lauderdale, Florida that the provisions of this ordinance shall become and be made a part of the City of North Lauderdale Code of Ordinances. The sections of this ordinance may be re-numbered or re-lettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions.

Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be, and the same are hereby repealed to the extent of such conflict.

Section 5. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect.

Section 6. This Ordinance shall become effective immediately upon its passage and adoption.

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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ON THE FIRST READING, THIS _____ DAY OF ___________, 2006.

PASSED ADOPTED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ON THE SECOND AND FINAL READING, THIS _____ DAY OF _________________, 2007.

APPROVED AS TO FORM:

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SAMUEL S. GOREN

CITY ATTORNEY

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MAYOR JACK BRADY

ATTEST:

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VICE MAYOR RICHARD MOYLE

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C. MILLI DYER, CMC