June 06, 2006
Status: Pending
Approve the Educational Mitigation Agreement Between The School Board of Broward County, Florida, Broward County, and the City of Pembroke Pines, to enable legal enforcement of the City's voluntary mitigation commitment regarding Land Use Plan Amendment PC 04-2, 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) PC 04-2, the City of Pembroke Pines proposed a land use change from Employment Center-High to Local Activity Center to enable the development of 750 residential units consisting of 325 townhouse and 425 high rise units. In the District development review report, staff determined that the 750 units would generate 115 (63 elementary, 23 middle and 29 high school) additional students into Broward County Public Schools. Also, schools affected in the 2003/04 school year were Pines Lakes Elementary, Pines Middle and Flanagan High Schools, which were all overcrowded. However, it was determined that planned permanent capacity improvements to Pines Middle School would accommodate the anticipated middle school students. Thus, the City was advised that mitigation was not due for the 23 middle school students. To mitigate the anticipated 63 elementary and 29 high school students, the City initially proposed creating capacity at the City's charter high school for the 29 high school students. This proposal was rejected by staff in February 2004, and subsequently rejected by the School Board on June 1, 2004.
The City has now voluntarily agreed to require the payment of Florida established Student Station Cost Factors amount for the proposed 750 residential units. Broward County approved and adopted the proposed land use designation on February 25, 2005, and made the City's voluntary commitment a condition for approval of the land use designation. Additionally, the County required 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 $899,750. Based on the June 2006 Student Station Cost Factors figures, the total cost per student station amount due for the 63 elementary and 29 high school students is $1,538,449, or approximately $638,699 above the County required school impact fee. It is anticipated that the payment of the cost per student station amount as committed to by the City would be paid by developers of parcel(s) of land contained within the boundaries of the land use designation. Additionally, the actual amount due will be based on the cost per student station amount in effect for the particular month when building permit is obtained for the units. The City of Pembroke Pines executed the Agreement on May 17, 2006. As such, it is recommended that the School Board approve the Educational Mitigation Agreeme nt. 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.
The financial impact to the School District is a positive impact of approximately $638,699 in additional revenue above the County required school impact fee of $899,750 for a total of $1,538,449. All funds to be received have been included in the balanced adopted District Educational Facilities Plan, Fiscal Years 2005/2006-2009/2010.
Requested Action
Approve the Educational Mitigation Agreement Between The School Board of Broward County, Florida, Broward County, and the City of Pembroke Pines, to enable legal enforcement of the City's voluntary mitigation commitment regarding Land Use Plan Amendment PC 04-2, 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) PC 04-2, the City of Pembroke Pines proposed a land use change from Employment Center-High to Local Activity Center to enable the development of 750 residential units consisting of 325 townhouse and 425 high rise units. In the District development review report, staff determined that the 750 units would generate 115 (63 elementary, 23 middle and 29 high school) additional students into Broward County Public Schools. Also, schools affected in the 2003/04 school year were Pines Lakes Elementary, Pines Middle and Flanagan High Schools, which were all overcrowded. However, it was determined that planned permanent capacity improvements to Pines Middle School would accommodate the anticipated middle school students. Thus, the City was advised that mitigation was not due for the 23 middle school students. To mitigate the anticipated 63 elementary and 29 high school students, the City initially proposed creating capacity at the City's charter high school for the 29 high school students. This proposal was rejected by staff in February 2004, and subsequently rejected by the School Board on June 1, 2004.
The City has now voluntarily agreed to require the payment of Florida established Student Station Cost Factors amount for the proposed 750 residential units. Broward County approved and adopted the proposed land use designation on February 25, 2005, and made the City's voluntary commitment a condition for approval of the land use designation. Additionally, the County required 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 $899,750. Based on the June 2006 Student Station Cost Factors figures, the total cost per student station amount due for the 63 elementary and 29 high school students is $1,538,449, or approximately $638,699 above the County required school impact fee. It is anticipated that the payment of the cost per student station amount as committed to by the City would be paid by developers of parcel(s) of land contained within the boundaries of the land use designation. Additionally, the actual amount due will be based on the cost per student station amount in effect for the particular month when building permit is obtained for the units. The City of Pembroke Pines executed the Agreement on May 17, 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.
School Board Goals
| Goal 4 - All stakeholders will work together to build a better school system. |
Financial Impact
The financial impact to the School District is a positive impact of approximately $638,699 in additional revenue above the County required school impact fee of $899,750 for a total of $1,538,449. 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
 |
EducationalMitigationAgreement (Files) | |
|
|
LetterFromDavidTolces (Files) | |
|
|
ExecutedCompleteCopy (Files) |