June 06, 2006
Status: Pending
REVISED
Approve the Educational Mitigation Agreement Between The School Board of Broward County, Florida, Broward County, and the City of Miramar, to enable legal enforcement of the City's voluntary mitigation commitment regarding Land Use Plan Amendment PCT 05-4, and as set forth in Exhibit 1.
The School Board of Broward County, Florida, as a party to the Interlocal Agreement for Public School Facility Planning (ILA), along with Broward County and 26 municipalities, enables the District to review proposed residential developments that increases residential density, generate additional students and affect overcrowded Broward County Public Schools. Section 7.8 of the Agreement calls for the mitigation of additional students anticipated from proposed residential developments. Also, Rule 13 of School Board Policy 1161 "Local Government Voluntary Mitigation Options" lists the payment of Florida established cost per student station, as the primary mitigation option for Local Activity Centers (LAC), Regional Activity Center (RAC), or similar land use designations proposed by local governments. Rule 14(c)(1) "Local Government Voluntary Commitment" requires local governments who voluntarily agree to the payment of cost per student station as the mitigation option for students anticipated from proposed LAC or similar land use designations to enter into a tri-party interlocal agreement with the School Board and Broward County to enable legal enforcement of such voluntary commitment.
In Land Use Plan Amendment (LUPA) PCT 05-4, the City of Miramar proposed an increase from the 5,460 units permitted in the City's RAC land use designation to 7,460 residential units, a 2,000 unit increase. The proposed 2,000 additional units consist of 550 townhouses and 1,450 garden apartments. In the District's development review report, staff determined that the proposed units would generate 441 additional students consisting of 218 elementary, 116 middle and 107 high school students into Broward County Public Schools. Schools impacted in the 2004/05 school year were Coconut Palm and Coral Cove Elementary Schools, New Renaissance Middle, and Miramar High Schools.
To address the impact, the City voluntarily agreed to require the payment of Florida established Student Station Cost Factor (cost per student station) amount for the 2,000 additional units. Broward County approved and adopted the proposal on June 28, 2005, and made the City's voluntary commitment a condition for approval of the RAC application. Additionally, the County required a mechanism to enable legal enforcement of the voluntary commitment. Based on the current school impact fee schedule (effective October 1, 2005), the school impact fee that would have been due for the proposed units is $3,460,540. Based on the May 2006 Student Station Cost Factors figures, the total cost per student station amount due for the 441 students is approximately $4,819,200, or approximately $1,358,660 above the County required school impact fee. The payment of the cost per student station amount, as committed to by the City, would be paid by developers of pertinent parcels of land contained within the boundaries of the RAC in lieu of the County required school impact fees. This amount will be paid as cost per dwelling unit by the developers prior to obtaining building permit for applicable units. Therefore, the actual additional amount received by the District will accumulate over time depending on the number of years it takes to develop the 2,000 residential units, and because payments due will be based on the cost per student station amount in effect for the particular month. The City of Miramar executed the Agreement on February 15, 2006. As such, it is recommended that the School Board approve the Educational Mitigation Agreement. Upon approval by the School Board, the Agreement will be scheduled for Broward County Commission formal action, and subsequently recorded after the Commission's approval.
At the May 15, 2006 Meeting the Board deferred this Item and requested that staff provide additional information on why a school site was not volunteered as mitigation. On May 23, 2006, staff met with the developer, and the responses to the concerns are articulated in Exhibits 3 and 4.
The financial impact to the School District is a positive impact of approximately $1,358,660 in additional revenue above the County required school impact fee of $3,460,540 for a total of $4,819,200. All funds to be received have been included in the balanced adopted District Educational Facilities Plan, Fiscal Years 2005/2006-2009/2010.
Requested Action
REVISED
Approve the Educational Mitigation Agreement Between The School Board of Broward County, Florida, Broward County, and the City of Miramar, to enable legal enforcement of the City's voluntary mitigation commitment regarding Land Use Plan Amendment PCT 05-4, and as set forth in Exhibit 1.
Summary
The School Board of Broward County, Florida, as a party to the Interlocal Agreement for Public School Facility Planning (ILA), along with Broward County and 26 municipalities, enables the District to review proposed residential developments that increases residential density, generate additional students and affect overcrowded Broward County Public Schools. Section 7.8 of the Agreement calls for the mitigation of additional students anticipated from proposed residential developments. Also, Rule 13 of School Board Policy 1161 "Local Government Voluntary Mitigation Options" lists the payment of Florida established cost per student station, as the primary mitigation option for Local Activity Centers (LAC), Regional Activity Center (RAC), or similar land use designations proposed by local governments. Rule 14(c)(1) "Local Government Voluntary Commitment" requires local governments who voluntarily agree to the payment of cost per student station as the mitigation option for students anticipated from proposed LAC or similar land use designations to enter into a tri-party interlocal agreement with the School Board and Broward County to enable legal enforcement of such voluntary commitment.
In Land Use Plan Amendment (LUPA) PCT 05-4, the City of Miramar proposed an increase from the 5,460 units permitted in the City's RAC land use designation to 7,460 residential units, a 2,000 unit increase. The proposed 2,000 additional units consist of 550 townhouses and 1,450 garden apartments. In the District's development review report, staff determined that the proposed units would generate 441 additional students consisting of 218 elementary, 116 middle and 107 high school students into Broward County Public Schools. Schools impacted in the 2004/05 school year were Coconut Palm and Coral Cove Elementary Schools, New Renaissance Middle, and Miramar High Schools.
To address the impact, the City voluntarily agreed to require the payment of Florida established Student Station Cost Factor (cost per student station) amount for the 2,000 additional units. Broward County approved and adopted the proposal on June 28, 2005, and made the City's voluntary commitment a condition for approval of the RAC application. Additionally, the County required a mechanism to enable legal enforcement of the voluntary commitment. Based on the current school impact fee schedule (effective October 1, 2005), the school impact fee that would have been due for the proposed units is $3,460,540. Based on the May 2006 Student Station Cost Factors figures, the total cost per student station amount due for the 441 students is approximately $4,819,200, or approximately $1,358,660 above the County required school impact fee. The payment of the cost per student station amount, as committed to by the City, would be paid by developers of pertinent parcels of land contained within the boundaries of the RAC in lieu of the County required school impact fees. This amount will be paid as cost per dwelling unit by the developers prior to obtaining building permit for applicable units. Therefore, the actual additional amount received by the District will accumulate over time depending on the number of years it takes to develop the 2,000 residential units, and because payments due will be based on the cost per student station amount in effect for the particular month. The City of Miramar executed the Agreement on February 15, 2006. As such, it is recommended that the School Board approve the Educational Mitigation Agreement. Upon approval by the School Board, the Agreement will be scheduled for Broward County Commission formal action, and subsequently recorded after the Commission's approval.
At the May 15, 2006 Meeting the Board deferred this Item and requested that staff provide additional information on why a school site was not volunteered as mitigation. On May 23, 2006, staff met with the developer, and the responses to the concerns ar e articulated in Exhibits 3 and 4.
School Board Goals
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Financial Impact
The financial impact to the School District is a positive impact of approximately $1,358,660 in additional revenue above the County required school impact fee of $3,460,540 for a total of $4,819,200. All funds to be received have been included in the balanced adopted District Educational Facilities Plan, Fiscal Years 2005/2006-2009/2010.
Source of Additional Information
Chris Akagbosu 754 321-8352
Associated File Attachments
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Deferred Item (Files) | |
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ExecutedCompleteCopy (Files) |