Created : March 17, 2013 at 07:01 PM
January 18, 2005
Status: Pending
Open Agenda
Approve the Educational Mitigation Agreement Between The School Board of Broward County, Florida, Broward County and the City of Dania Beach to enable legal enforcement of the City's voluntary mitigation commitment regarding Land Use Plan Amendment PC 03-6, and as set forth in Exhibit 1.
The School Board of Broward County, Florida is a party to the Interlocal Agreement for Public School Facility Planning, along with Broward County and 26 municipalities. Pertinent sections of the Agreement enables the District to review proposed residential developments that could increase residential density and affect overcrowded Broward County Public Schools. Section 7.8 of the Agreement calls for the mitigation of additional students anticipated from the proposed development. Furthermore, Rule 13 "Local Government Voluntary Mitigation Options" lists the payment of cost per student station as determined and published by the State of Florida, as the primary mitigation option for Local Activity Center (LAC) land use designations proposed by local governments. The Rule also allows local government to propose an alternative mitigation option that is acceptable for District purposes, but such proposal must be subject to specific School Board approval. Rule 14(c)(1) "Local Government Voluntary Commitment" requires that local governments who voluntarily agree to the payment of cost per student station as mitigation for students anticipated from proposed LAC shall enter into 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 03-6, the City of Dania Beach proposed a land use change from Commercial, Commercial Recreation, Industrial and Community Facility to a LAC designation, to enable the development of 2, 465 residential units consisting of 100 townhouses, 200 garden apartment and 2, 165 high rise units. In the development review report dated June 13, 2003, staff determined that the proposed residential units will generate 277 (161 elementary, 57 middle and 59 high school) students into Broward County Public Schools, and schools affected in the 2002/03 school year were Dania Elementary, Olsen Middle and South Broward High School. During the development review process and public hearing for the application, the City voluntarily agreed to require the payment of the cost per student station as determined and published by the State of Florida, as mitigation for the number of students anticipated from development of the units. Broward County approved and adopted the proposed land use designation, and made the City's voluntary mitigation commitment a condition for approval of the land use designation. Additionally, the County required mechanism to enable legal enforcement of the voluntary commitment.
The payment of the cost per student station as committed to by the City would be paid by developers of parcels of land contained within the boundaries of the LAC in lieu of the County required school impact fees for the proposed unit types. Based on the current school impact fee schedule (effective October 1, 2004), the school impact fee that would have been due for the proposed units is $2,122,525. Based on the current Student Station Cost Factors, February 2004, and utilizing the October 2003 figures, the total cost per student station amount due would be $4,196,649, or approximately $2,074,124 above the County required school impact fee. This amount will be paid prior to developers obtaining building permit for pertinent units. Therefore, the additional amount received by the District will accumulate over time depending on the number of years it takes to develop all 2,465 units. However, it is anticipated that the actual additional revenue to the District will increase over time since payments due will be based on the effective cost per student station amount in each particular month. The City passed and adopted the Agreement on October 12, 2004. Thus, it is recommended that the School Board should approve the Educational Mitigation Agreement.
The financial impact will be approximately $2,074,124 in additional revenue, above the County required school impact fee to the School District .
Requested Action
Approve the Educational Mitigation Agreement Between The School Board of Broward County, Florida, Broward County and the City of Dania Beach to enable legal enforcement of the City's voluntary mitigation commitment regarding Land Use Plan Amendment PC 03-6, and as set forth in Exhibit 1.
Summary
The School Board of Broward County, Florida is a party to the Interlocal Agreement for Public School Facility Planning, along with Broward County and 26 municipalities. Pertinent sections of the Agreement enables the District to review proposed residential developments that could increase residential density and affect overcrowded Broward County Public Schools. Section 7.8 of the Agreement calls for the mitigation of additional students anticipated from the proposed development. Furthermore, Rule 13 "Local Government Voluntary Mitigation Options" lists the payment of cost per student station as determined and published by the State of Florida, as the primary mitigation option for Local Activity Center (LAC) land use designations proposed by local governments. The Rule also allows local government to propose an alternative mitigation option that is acceptable for District purposes, but such proposal must be subject to specific School Board approval. Rule 14(c)(1) "Local Government Voluntary Commitment" requires that local governments who voluntarily agree to the payment of cost per student station as mitigation for students anticipated from proposed LAC shall enter into 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 03-6, the City of Dania Beach proposed a land use change from Commercial, Commercial Recreation, Industrial and Community Facility to a LAC designation, to enable the development of 2, 465 residential units consisting of 100 townhouses, 200 garden apartment and 2, 165 high rise units. In the development review report dated June 13, 2003, staff determined that the proposed residential units will generate 277 (161 elementary, 57 middle and 59 high school) students into Broward County Public Schools, and schools affected in the 2002/03 school year were Dania Elementary, Olsen Middle and South Broward High School. During the development review process and public hearing for the application, the City voluntarily agreed to require the payment of the cost per student station as determined and published by the State of Florida, as mitigation for the number of students anticipated from development of the units. Broward County approved and adopted the proposed land use designation, and made the City's voluntary mitigation commitment a condition for approval of the land use designation. Additionally, the County required mechanism to enable legal enforcement of the voluntary commitment. The payment of the cost per student station as committed to by the City would be paid by developers of parcels of land contained within the boundaries of the LAC in lieu of the County required school impact fees for the proposed unit types. Based on the current school impact fee schedule (effective October 1, 2004), the school impact fee that would have been due for the proposed units is $2,122,525. Based on the current Student Station Cost Factors, February 2004, and utilizing the October 2003 figures, the total cost per student station amount due would be $4,196,649, or approximately $2,074,124 above the County required school impact fee. This amount will be paid prior to developers obtaining building permit for pertinent units. Therefore, the additional amount received by the District will accumulate over time depending on the number of years it takes to develop all 2,465 units. However, it is anticipated that the actual additional revenue to the District will increase over time since payments due will be based on the effective cost per student station amount in each particular month. The City passed and adopted the Agreement on October 12, 2004. Thus, it is recommended that the School Board should approve the Educational Mitigation Agreement.
School Board Goals
| Goal 4 - All stakeholders will work together to build a better school system. |
Financial Impact
The financial impact will be approximately $2,074,124 in additional revenue, above the County required school impact fee to the School District .
Source of Additional Information
Christopher O. Akagbosu 754-321-2162
Associated File Attachments
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EducationalMitigationAgreement (Files) | |
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ResolutionNo2004174 (Files) | |
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ExecutedCompleteCopy (Files) |