HomeMy WebLinkAboutR-2024-084 BC ILA - School Board Educational Mitigation Agreement (RAC Unit Expansion)RESOLUTION NO. 2024- N
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN BROWARD
COUNTY, THE BROWARD COUNT SCHOOL BOARD, AND CITY OF
DANIA BEACH FOR AN INTERLOCAL AGREEMENT EDUCATIONAL
MITIGATION AGREEMENT DUE TO THE APPROVAL OF THE REGIONAL
ACTIVITY CENTER (RAC) UNIT EXPANSION UNDER LAND USE PLAN
AMENDMENT PCT 22-07, RATIFYING EDUCATIONAL MITIGATION
AGREEMENTS RELATED TO PC 03-6 AND PC 09-5; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Broward County Board of County Commissioners previously approved
Broward County Land Use Text Amendments PC 03-6, which established a "Local Activity
Center" ("LAC:) and PC 09-5, which established a "Regional Activity Center" ("RAC") in the
City of Dania Beach; and
WHEREAS, the Broward County Board of County Commissioners approved Broward
County Land Use Plan Amendment PC 09-5, which designated 1,344 +- acres as a RAC in the
City of Dania Beach; and
WHEREAS, the City originally proposed pursuant to Land Use Plan Amendment
Application PC 03-6 to permit 2,465 residential units within the LAC that will consist of 100
townhouses (3 or more bedrooms), 200 garden apartments (3 or more bedrooms), and 2,165 high
rise units; and
WHEREAS, the City voluntarily agreed to mitigate the impact of these 2,465 residential
units which required individual applicants to pay student station fees, in lieu of school impact fees,
on a site specific project basis. In furtherance of the City's voluntary mitigation agreement
regarding the afore described student impacts, the City caused to be filed that certain Tri-Parry
Agreement recorded on 04/05/2005 in O.R. Book 39373, Page 1749 of the Official Records of
Broward County, Florida (the "PC 03-6 Agreement"); and
WHEREAS, since the approval of the PC 03-6 Agreement all of these permitted 2,465
residential units have been built or are currently under construction; and
WHEREAS, sometime after the approval of PC 03-6, the City proposed pursuant to Land
Use Plan Amendment Application PC 09-5 to permit the development of 7,818 residential units
within the RAC that will consist of 2,348 single family (4 or more bedrooms), 2,333 townhouses
(3 or more bedrooms), 972 garden apartments (3 or more bedrooms), and 2,165 high rise units (2
or more bedrooms). Of the 7,818 residential units, 2,465 units consisting of 100 townhouses (3 or
more bedrooms), 200 garden apartments (3 or more bedrooms) and 2,165 high rise units (2 or more
bedrooms) were previously approved via PC 09-5. During the School Board's staff review of the
PC 09-5 application, it was determined that the additional 5,353 residential units did not cause any
further student impacts and would thus be subject to the satisfaction of public school concurrency
mitigation requirements or the payment of school impact fees. If no mitigation is required to
satisfy public school concurrency, the residential units shall be assessed applicable school impact
fees during the environmental review approval of construction plans by the Broward County
Development and Environmental Regulation Division [n/k/a Urban Planning Division]; and
WHEREAS, these additional 5,353 residential units within the RAC were subject to public
school concurrency and, if no mitigation was required to satisfy public school concurrency, the
City voluntarily agreed that the units were assessed applicable school impact fees, on a site specific
project basis. In furtherance of the City's voluntary mitigation agreement regarding the afore
described student impacts, the City caused to be filed that certain Tri-Party Agreement recorded
on 06/26/2010 in O.R. Book 47333, Pages 1497 - 1537 of the Public Records of Broward County,
Florida (the "PC 09-5 Agreement"); and
WHEREAS, since the approval of the PC 09-5 Agreement all of those permitted 5,353
residential units have been built or are currently under construction; and
WHEREAS, the Broward County Board of County Commissioners approved Broward
County Land Use Plan Amendment PCT 22-7, which allows for the development of an additional
4,000 residential units within the RAC. The additional 4,000 residential units will consist of 317
single family (four or more bedrooms) and 3,683 townhouses (three or more bedrooms). The
additional residential units as proposed is anticipated to generate 1,263 (592 elementary, 242
middle, and 429 high school) additional students into Broward County Public Schools as
evidenced by the School Consistency Review Report issued dated February 29, 2024; and
WHEREAS, these additional 4,000 residential units shall be subject to public school
concurrency review and payment of school impact fees if capacity is determined to be available at
the impacted schools at the time of permitting. If at the time of permitting capacity is not available,
pursuant to School Board Policy 1161, the developer will be required to propose proportionate
share mitigation; and
WHEREAS, Chapter 5, Article IX, Broward County Code of Ordinances, requires that no
application for a building permit shall be accepted by Broward County or by any municipality
2 RESOLUTION #2024- r u `
without documentation that a fording of adequacy of school sites and facilities has been made by
the School Board; and
WHEREAS, as a condition for approval of Land Use Plan Amendment PCT 22-7, the City
was required to amend the existing PC 03-6 Agreement and the PC 09-5 Agreement with the
School Board and Broward County to enable legal enforcement of the commitments made, and
before any building permits can be issued for the additional 4,000 residential units in the Activity
Center; and
WHEREAS, since the application for Land Use Plan Amendment PCT 22-7 incorporates
additional residential units within the RAC, the City now wishes to update the PC 03-6 and PC
09-5 Agreements to modify the School Board -approved school mitigation to reflect the modified
proposed unit mix in the RAC and the School Board has agreed with the student mitigation plan
outlined herein; and
WHEREAS, the School Board requested the execution and recordation of this Agreement
to accomplish the City's desire and intent; and,
WHEREAS, the City Commission finds it in the best interest of the City to approve the
proposed interlocal agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct, and they are made a specific part of and incorporated into this Resolution
by this reference.
Section 2. That the Interlocal Agreement (ILA) between Broward County, Broward
County School Board and the City of Dania Beach relating to additional units for the RAC
under Land Use Plan Amendment PCT 22-07, ratifying educational mitigation agreements related
to PC 03-6 AND PC 09-5 , in substantially the form attached as Exhibit "A," together with such
non -substantial changes as may be acceptable to the City Manager and approved as to form and
legality by the City Attorney, is approved.
Section 3. That the proper City officials are authorized to execute all necessary
documents and to take any necessary action to effectuate the intent of this Resolution.
Section 4. That the City Manager and City Attorney are authorized to make minor
revisions to the application as may be deemed necessary and proper for the best interests of
the City.
RESOLUTION #2024- 1
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on � )1t1-Ie- ZJr 2024.
Motion by secondby %Ct MQL\
FINAL VOTE ON ADOPTION:
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV
APPROVED AS TO FORM AND
EV A. O TSIS
CI TTORNEY
Unanimous
Yes No
RESOLUTION #2024-0 o l
Exhibit "A"
School Resource Officer ILA
(See Following Pages)
RESOLUTION #2024-_a4
School Board Mitigation Agr.
PCT 22-07, PC 03-6 & PC 09-05.
Proposed 6.7.24
Document prepared by and
Return recorded document to:
Marilyn Batista, General Counsel
The School Board of Broward County, Florida
Kathleen C. Wright Administrative Building
600 Southeast 3rd Avenue
This is an Agreement, (hereinafter referred to as "Agreement")made and entered into by
and between: BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter
referred to as "COUNTY,"
AND
CITY OF DANIA BEACH, a municipal corporation, created and existing under the laws of
the State of Florida, its successors and assigns, hereinafter referred to as "CITY"
,AND
THE SCHOOL BOARD OF BROWARD COUNTY, a body corporate and political
subdivision of the State of Florida, hereinafter referred to as "SCHOOL BOARD."
RECITALS
WHEREAS,the Broward County Board of County Commissioners previously approved
Broward County Land'Use Text Amendments PC 03-6, "Local Activity Center', and PC 09-5,
"Regional Activity Center", designating 1,344 +- acres as a " Local Activity Center" and " Regional
Activity Center", respectively [n/k/a "Activity Center"], in the City of Dania Beach, a description of
which is attached hereto as Exhibit "A;" and
WHEREAS, the CITY originally proposed pursuant to Land Use Plan Amendment
Application PC 03-6 to permit 2,465 residential units within the Activity Center that will consist of
100 townhouses (3 or more bedrooms), 200 garden apartments (3 or more bedrooms), and 2,165
high rise units; and
WHEREAS, the CITY voluntarily agreed to mitigate the impact of these 2,465 residential
School Board Mitigation Agr.
PCT 22-07, PC 03-6 & PC 09-05.
Proposed 6.7.24
units which required individual applicants to pay student station fees, in lieu of school impact fees,
on a site specific project basis. In furtherance of the CITY's voluntary mitigation agreement
regarding the afore described student impacts, the CITY caused to be filed that certain Tri-Party
Agreement recorded on 04/05/2005 in O.R. Book 39373, Page 1749 of the Official Records of
Broward County, Florida (the "PC 03-6 Agreement"); and
WHEREAS, since the approval of the PC 03-6 Agreement all of these permitted 2,465
residential units have been built or are currently under construction; and
WHEREAS, sometime after the approval of PC 03-6, the CITY proposed pursuantto Land
Use Plan Amendment Application PC 09-5 to permit the development of 71818.reside ntial units
within the Activity Center that will consist of 2,348 single family (4 or more bedrooms), 2,333
townhouses (3 or more bedrooms), 972 garden apartments (3 or more bedrooms), and 2,165 high
rise units (2 or more bedrooms). Of the 7,818 residential- units, 2,465 units consisting of 100
townhouses (3 or more bedrooms), 200 garden apartments (3ormore bedrooms) and 2,165 high
rise units (2 or more bedrooms) were previously approved via PC 0376. During the SCHOOL
BOARD'S staff review of the PC 09-5 application, it was,determined that the additional 5,353
residential units did not cause any further student impacts and would thus be subject to the
satisfaction of public school concurrency mitigation requirements or the payment of school impact
fees. If no mitigation is required to satisfy public school concurrency, the residential units shall be
assessed applicable school impact fees during the environmental review approval of construction
plans by the Broward County Development and Environmental Regulation Division [n/k/a Urban
Planning Division]; and
WHEREAS, these additional 5,353-residential units within the Activity Center were subject to
public school concurrency and, if no mitigation was required to satisfy public school concurrency,
the CITY voluntarily agreed that the units:were assessed applicable school impact fees, on a site
specific project basis. Infurtherance:of the CITY's voluntary mitigation agreement regarding the
afore described student,impacts, the;CITY caused to be filed that certain Tri-Party Agreement
recorded on 06/26/2010 in-O.R. Book 47,333, Pages 1497 -1537 of the Public Records of Broward
County, Florida (the "PC 09-5 Agreement"); and
'the approval of the PC 09-5 Agreement all of those permitted 5,353
n built or are currently under construction; and
WHEREAS, the.,Broward County Board of County Commissioners approved Broward
County, Land' Use Plan Amendment PCT 22-7, which allows for the development of an additional
4,000 residential units within the Activity Center. The additional 4,000 residential units will consist
of 317 singleJamily (four or more bedrooms) and 3,683 townhouses (three or more bedrooms).
The additional; residential units as proposed is anticipated to generate 1,263 (592 elementary, 242
middle, and 429 high school) additional students into Broward County Public Schools as evidenced
by the School Consistency Review Report issued dated February 29, 2024, attached hereto as
Exhibit "B"; and
WHEREAS, these additional 4,000 residential units shall be subject to public school
concurrency review and payment of school impact fees if capacity is determined to be available at
2
School Board Mitigation Agr.
PCT 22-07, PC 03-6 & PC 09-05.
Proposed 6.7.24
the impacted schools at the time of permitting. If at the time of permitting capacity is not available,
pursuant to School Board Policy 1161, the developer will be required to propose proportionate
share mitigation; and
WHEREAS, Chapter 5, Article IX, Broward County Code of Ordinances, requires that no
application for a building permit shall be accepted by the COUNTY or by any municipality without
documentation that a finding of adequacy of school sites and facilities has been made by the
SCHOOL BOARD; and
WHEREAS, as a condition for approval of Land Use Plan Amendment PCT 22-7, the CITY
was required to amend the existing PC 03-6 Agreement and the PC-09-5 Agreement -with the
SCHOOL BOARD and the COUNTY to enable legal enforcement of the commitments made, and
before any building permits can be issued for the additional 4,000 residential units in,the Activity
Center; and
WHEREAS, since the application for Land Use Plan Amendment PCT 22-7 incorporates
additional residential units within the Activity Center, th6,CITY now wishes to update the PC 03-6
and PC 09-5 Agreements to modify the SCHOOL BOARD=approved school mitigation to reflect the
modified proposed unit mix in the Activity Center and the SCHOOL BOARD has agreed with the
student mitigation plan outlined herein; and
WHEREAS, the SCHOOL BOARD Fequested the% execution and recordation of this
Agreement to accomplish the CITY's desire and intent.
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants
and payments hereinafter set forth, COUNTY, CITY and SCHOOL BOARD agree as follows:
1. The above recitals are true and'correct and are incorporated herein.
2. The CITY doeshereby confirm, ratify and reaffirm the covenants, restrictions and
obligations contained in the following:_,'
(i) that certain Tri-Party Agreement recorded on 04/05/2005 in O.R. Book 39373, Page 1749
of the Public Records of Broward County, Florida (the "PC 03-6 Agreement"); and
(ii), ' that certain Tri-Party Agreement recorded on 06/26/2010 in O.R. Book 47333, Pages
1497 - 1537 of the Public Records of Broward County, Florida (the "PC 09-5
Agreement").'
3.
3.01 The CITY agrees that any application for new residential development within the
Activity Center shall be subject to the imposition of educational mitigation in the manner set forth in
the recorded Agreement and this Amended Agreement. The CITY shall consider an amendment of
its land development code no later than 90 days from the approval of this Agreement by the
SCHOOL BOARD and the COUNTY to (a) require that any application for the additional residential
3
School Board Mitigation Agr.
PCT 22-07, PC 03-6 & PC 09-05.
Proposed 6.7.24
units within the Activity Center shall be subject to the public school concurrency review process
and, as applicable, the imposition of educational mitigation; (b) monitor and make certain that
development within the Activity Center will be built as specified herein for residential type and mix.;,
and (c) authorize such action(s) as otherwise may be required to comply with this Agreement.
3.02 The CITY will require evidence of payment of the cost per student station,
satisfaction of public school concurrency mitigation requirements, or the payment of school impact
fees, whichever is applicable, for units within the Activity Center, from individual applicants prior to
the issuance of building permits.
3.03 The CITY shall notify the Superintendent of Schools or his/her designee upon plat or
site plan approval of any residential project authorized pursuant to Land Use Plan Amendment PCT
22-7. Notification shall include project location and number and type of units at time,of'plat or site
plan approval and shall be confirmed by the CITY at time of building permit.
3.04 Prior to environmental review approval of construction plans as set forth within
Chapter 27, Broward County Code of Ordinances, by the Urban Planning. Division for a building
permit for the construction or erection of a residential building located within the Activity Center, the
CITY shall identify the specific type of residential -unit 'and treatment' (i.e., previously approved
Activity Center units, Activity Center units subject to public ,school -impact fees or Activity Center
units subject to school concurrency mitigation) and provide written notification to the Broward
County Urban Planning Division.
3.05 The CITY, its successor and assigns; agrees that no building permits or certificates
of occupancy shall be obtained from the CITY for residential development of land within the Activity
Center until the Student Station Unit Cost is paid, public school concurrency mitigation requirements
have been satisfied, or school-impect fees have been paid, as appropriate. Nothing herein shall
waive or affect the right of the COUNTY,and/or SCHOOL BOARD to otherwise require the CITY to
comply with the conditions of Land Use Plan Amendment PCT 22-7 or this Agreement by any
remedy provided by-law or. equity.
4. PAYMENTS. .buring environmental review approval of construction plans asset forth within
Chapter 27, Broward County Code of Ordinances, by the Urban Planning Division for a building
permit for the construction or erection of a residential building located within the Activity Center, an
applicant shall, pay. Student Station Unit Cost for units within the Activity Center, satisfy public
school concurrency mitigation, or pay school impact fees for the remainder of the units in the
5. EDUCATIONAL FACILITIES. The monies paid by the owner(s) and/or developer(s)
pursuant to this Agreement shall, pursuant to School Board Growth Management Policy, and as
applicable, the Broward County Land Development Code, be used to provide educational facilities
to serve students generated by the 7,818 (via PC 09-5) and the additional 4,000 (via PCT 22-7)
residential units in the Activity Center. The CITY recognizes and agrees that, even if such monies
are not directly utilized to meet the educational needs of the future residents of the area within the
Activity Center, the use of such monies will indirectly benefit such development by making other
funds available to directly meet those needs. The CITY requests the SCHOOL BOARD to consider
4
School Board Mitigation Agr.
PCT 22-07, PC 03-6 & PC 09-05.
Proposed 6.7.24
allocating a portion of the collected cost per student station to schools located within the City of
Dania Beach.
6. TRANSMITAL OF FUNDS TO THE SCHOOL BOARD. The COUNTY agrees to remit
quarterly to the SCHOOL BOARD the Student Station Unit Cost or school impact fees collected for
the Activity Center dwelling units to be spent by the SCHOOL BOARD in accordance with School
Board Growth Management Policy.
7. NOTICES. Whenever any of the parties desire to give notice to the other, such notice
must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party for whom it is
intended at the place last specified; the place for giving of notice shall remain such: until it is
changed by written notice in compliance with the provisions of this paragraph.. Until_' otherwise
designated by amendment to this Agreement, the parties designate the following as the'respective
places for giving notice:
For the COUNTY:
Director, Urban Planning Division
1 North University Drive, Box 102
Plantation, FL 33324
For the SCHOOL BOARD
Superintendent of Schools
The School Board of Broward C
Kathleen C. Wright Administrati
600 Southeast 3rd Avenue
Fort Lauderdale, FL 33301
With a copy to:
Director, Facility Plannin
The School Board of Brc
Kathleen C. Wright Admi
600 Southeast3rd Avenu,
Fort Fort Lauderdale, FL 333,
For the CITY:
Real Esh
•d County
:rative.Bui
id' Floor
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach', -FL 33004
8. RELEASE. When all of the obligations set forth herein are fully paid and performed, at
the request of CITY or its successor and upon payment of any applicable fees, and subject to the
approval of the SCHOOL BOARD, the COUNTY shall cause a release to be recorded in the Official
Records of Broward County, Florida, evidencing such performance. To the extent that the
obligations set forth herein are divisible and attributable to a specific parcel, the payment of the
5
School Board Mitigation Agr.
PCT 22-07, PC 03-6 & PC 09-05.
Proposed 6.7.24
Student Station Unit Cost, satisfaction of the public school concurrency mitigation, or payment of
the school impact fees and the issuance of a building permit shall constitute evidence that the
divisible portion of the obligation has been satisfied.
9. VENUE• CHOICE OF IAW. Any controversies or legal issues arising out of this Agreement
and any action involving the enforcement or interpretation of any rights hereunder shall be
submitted to the jurisdiction of the State Court of the Seventeenth Judicial .Circuit- of Broward
County, Florida, the venue sitis, and shall be governed by the laws of the State of Florida.
10. CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph headings contained
in this Agreement are for convenience and reference only and in no way define, describe, extend or
limit the scope or intent of this Agreement, nor the intent of any provisions hereof.
11. NO WAIVER. No waiver of any provision of this Agreement shall be effective unless it is in
writing, signed by the party against whom it is asserted, and any such written waiver shall only be
applicable to the specific instance to which it relates and shall not be deemed to be a continuing or
future waiver.
12. EXHIBITS. All Exhibits attached hereto contain additional terms of this Agreement and are
incorporated herein by reference.
13. FURTHER ASSURANCES. The parties hereby agree to execute, acknowledge and deliver
and cause to be done, executed, acknowledged,and delivered all further assurances and to perform
such acts as shall reasonably be requested of them in order to carry out this Agreement.
14. AMENDMENTS. No modification; amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document prepared with the same
or similar formality as this Agreement and executed by the COUNTY, CITY and SCHOOL BOARD.
15. COUNTERPARTS , This Agreement may be executed in three (3) counterparts, each of
which may be deemed to be, an original.
16. RECORDING.. -This Agreement shall be recorded in the Official Records of Broward
County, Florida, of`the CITY's expense, and the provisions hereof shall constitute a covenant
running with'the land and shall remain in full force and effect and binding upon the CITY, its heirs,
legal representativeIs,`,estate successors, grantees and assigns until released as provided for
herein'_
17. The,PC 03-6 Agreement, the PC 09-5 Agreement, and this Agreement constitute the entire
agreement with regard to the subject matter contained herein, and may only be amended, modified
or released with the consent of the parties. In the event of a conflict between the terms, covenants,
restrictions and conditions of the PC 03-6 and/or the PC 09-5 Agreement and this Agreement, the
terms of this Agreement shall control and prevail.
18. The undersigned hereto expressly covenant and represents that he/she has the authority to
enter into this Amended Agreement.
School Board Mitigation Agr.
PCT 22-07, PC 03-6 & PC 09-05.
Proposed 6.7.24
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY
COMMISSIONERS, signing by and through its Mayor or Vice -Mayor, authorized to execute same
by Board action on the _ day of 2024, THE BROWARD SCHOOL BOARD
OF BROWARD COUNTY, signing by and through its Chair, authorized to execute same by Board
action on the _ day of , 2024 , and CITY, signing by and through its
duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF, COUNTY COMMISSIONERS
Monica Cepero By
ex officio Clerk of the Nan H. Rich, Mayor
Board of County Commissioners -
of Broward County, Florida
day of 12024
Approved as to form by
Office of County Attorney
Broward County, Florida
'Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
7
(Corporate Seal)
ATTEST:
School Board Mitigation Agr.
PCT 22-07, PC 03-6 & PC 09-05.
Proposed 6.7.24
SCHOOLBOARD
THE SCHOOL BOARD OF BROWARD
COUNTY, FLORIDA
By
Lori Alhadeff, Chair -_
Approved as to Form:
Dr. Howard Hepburn, Superintendent of Schools
Marilyn Batista, General Counsel
CITY
WITNESSES:
ATTEST:
Elora Riera, MMC, City Clerk
School Board Mitigation Agr.
PCT 22-07, PC 03-6 & PC 09-05.
Proposed 6.7.24
CITY OF DANIA BEACH
By
A. J. Ryan; Mayor
day of 2024
By
Ana M. Garcia, City Manager
-day of 12024
APPROVED AS TO FORM:
Eve A. Boutsis, City Attorney
School Board Mitigation Agr.
PCT 22-07, PC 03-6 & PC 09-05.
Proposed 6.7.24
EXHIBIT "A"
ACTIVITY CENTER PCT 22-7
LEGAL DESCRIPTION
10
School Board Mitigation Agr.
PCT 22-07, PC 03-6 & PC 09-05.
Proposed 6.7.24
EXHIBIT "B"
11