HomeMy WebLinkAboutR-2025-004 Support to release Tri-party Education Mitigation Agreement and Approve Release of 2010 School Education Mitigation AgreementRESOLUTION NO. 2025-004
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, IN SUPPORT OF THE BROWARD COUNTY
RESOLUTION URGING THE BROW ARD COUNTY SCHOOL BOARD TO
RELEASE ALL CITIES SUBJECT TO TRI-PARTY EDUCATIONAL
MITIGATION AGREEMENTS AND APPROVING THE RELEASE OF THE
2005 SCHOOL EDUCATION MITIGATION AGREEMENT BETWEENTHE
BROWARD COUNTY SCHOOL BOARD, BROWARD COUNTY AND THE
CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, all new residential development supports the Public School System by
paying a student impact fee for each new unit that is added, yet many Broward cities are hampered
by additional decades old agreements that impose excessive fees on new residential development
over and above the student impact fees to address school overcrowding; and
WHEREAS, the cities of Coconut Creek, Dania Beach, Davie, Fort Lauderdale,
Lauderdale Lakes, Lauderhill, Miramar, Oakland Park, Plantation, and Pembroke Pines are subject
to Tri-Party Educational Mitigation Agreements for their Activity Centers which impose a per
residence unit fee above and in excess to the standard school impact fee disproportionately
affecting specific neighborhoods and communities; and
WHEREAS, today student population in Broward County public schools has fallen
dramatically and many schools are significantly under enrolled such that the payment of student
station costs is no longer necessary; and
WHEREAS, the funding collected by the School Board from these agreements was to
create additional capacity for those schools impacted by the new development; and
WHEREAS, Broward County is facing a significant housing crisis, with a critical need for
affordable and accessible housing options to support its diverse and growing population and the
increasing cost of living wherein many families are experiencing housing instability; and
WHEREAS, the collaboration among local governments, the Broward County School
Board and the County is critical to effectively address the region's housing challenges to prioritize
the development of critically needed residential development and in particular affordable
development to ensure housing opportunities for all residents; and
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WHEREAS, these agreements inhibit government's ability to address a pressing need for
additional housing by creating an impediment that adds an inequitable financial burden to
residential development , particularly in areas already facing housing shortages; and
WHEREAS, upon application from the City of Oakland Park, the Board of County
Commissioners ("Board") approved in 2004 the County Land Use Plan and Land Use Plan text
amendment designating the Local Activity Centers within the City's boundaries ("Amendments")
at a time when many public schools were over enrolled; and
WHEREAS, a condition of approval of the Amendment require each City to require
developers of projects within the Activity Center to mitigate the additional students to be generated
by the residential development through the execution of a Tri-Party Agreement with the City,
County and The School Board of Broward County ("School Board") that required developers to
pay student station costs, rather than school impact fees, to mitigate the impact on public schools;
and
WHEREAS, student station costs are determined by the School Board and are derived
from the cost per student station as determined, published, and amended annually by the State of
Florida, representing the cost estimate to construct elementary, middle school, and high schools in
Florida; and
WHEREAS, student station costs generally far exceed the school impact fees for
comparable developments, as evidenced by the Sky Building Project in the City of Oakland Park,
a 136-unit affordable housing mixed-use project required to pay One Million Ninety-four
Thousand Two Hundred Fifty-six Dollars ($1,094,256.00) in student station costs for six (6)
students anticipated to be generated by the first large-scale development within an economically
disadvantaged area categorized as low-income Qualified Census Tract, Opportunity Zone, and
within the boundaries of a Community Redevelopment Agency; and
WHEREAS, absent the Tri-Party Agreement, the school impact fees that would have been
due for the 136-unit project are Eighty-six Thousand Two Hundred Dollars ($86,200); and
WHEREAS, the impact of new development on school population has receded and have
sufficient capacity to support development as evidenced by the recently adopted reduction in
student generation rates for new residential units; and
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WHEREAS, the City of Dania Beach entered into a similar Tri-Party Agreement on April
27, 2010, Via Resolution No.: 2010-054 for the approval of the Land Use Plan Amendment PC
09-5m for the Dania Beach Regional Activity Center; and
WHEREAS, pursuant to the resolution, the 7,818 residential units proposed for the RAC
area and subject to a special mitigation payment of $3,527, per station, and continues to increase
every month; and
WHEREAS, there remain 1,916 residential units allocated but unconstructed in the City
of Dania Beach, and is an additional per unit cost of $3,527, and which price increases monthly
under the interlocal; per student station; and
WHEREAS, the School Board is actually looking to close schools or repurpose schools
due to lower enrollment and the proposed mitigation would increase the cost of affordable housing
in Danai Beach if implemented at this point; and
WHEREAS, on August 29, 2024 , the Broward County Planning Council recognizing this
anomaly, unanimously voted to urge the Broward County City Commission, as a party to the
Agreements , to take the appropriate action to release all cities from "these outdated Agreements,
all of which were committed to between 2003 and 2006 to address significant overcrowding
concerns in public schools by imposing additional fees on new residential developments; a
condition which no longer exists. The release of these Agreements is critical to facilitating housing
opportunities and redevelopment through Broward County and specifically along essential
transportation corridors." furthering the policies of the Broward Next - Broward County Land Use
Plan " to require new residential development to pay its fair share of the cost of land acquisition
and construction for new public elementary and secondary school facilities... "; and
WHEREAS, on September 17, 2024, the Board of County Commission passed a resolution
supporting the release of the cities of Coconut Creek, Dania Beach, Davie, Fort Lauderdale,
Lauderdale Lakes, Lauderhill, Miramar, Oakland Park, Plantation, and Pembroke Pines from the
Tri-Party Educational Mitigation Agreements related to the Activity Centers within their
boundaries. The Board further directed the County Administrator to transmit a copy of this
Resolution to each member of The School Board of Broward County; and
WHEREAS , the continuation of the fee lacks justification and is inconsistent with the
legal and policy goals of the County; and
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WHEREAS, it will be more affordable to build affordable housing in the City without the
additional charges by the School Board; and
WHEREAS, the City Commission of the City of Dania Beach deems it to be in the best
interests of the City and the County to adopt a Resolution in support of the Broward County
Resolution urging the Broward County School Board to release all cities subject to the Tri-Party
Educational Mitigation Agreements, and Approving the Release of the 2005 School Education
Mitigation Agreement between the Broward County School Board, Broward County and the City
of Dania Beach and all the other cities subject to a similar Tri-Party Agreement including Coconut
Creek, Davie, Fort Lauderdale, Lauderdale Lakes, Lauderhill, Miramar, Oakland Park, Plantation,
and Pembroke Pines.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. In accepting the recommendation of the City Administration, the City
Commission of the City of Dania Beach, Florida, deems it to be in the best interests of the City to
approve and urge the Broward County School Board to release the City from the Tri-Party
Educational Agreement between the Broward County School Board, Broward County and the City
of Dania Beach, and the similarly situated cities of Coconut Creek, Dania Beach, Davie, Fort
Lauderdale, Lauderdale Lakes, Lauderhill, Miramar, Oakland Park, Plantation, and Pembroke
Pines.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on January 14, 2025.
Motion by _Vice Mayor Salvino_____, second by Commissioner Rimoli_____.
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FINAL VOTE ON ADOPTION: Unanimous _X_
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY