Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO ADOPT Resolution No. 2020-475 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, September 22, 2020, at 10:00 a.m., in Room 422 of the Governmental Center to consider enactment of a proposed Ordinance, the title of which is as follows (deferred from August 25, 2020 - Item No. 23):
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 5-182.9 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"), PROVIDING FOR ADEQUACY OF SCHOOL FACILITIES AS PART OF DEVELOPMENT REVIEW; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by the Board of County Commissioners)
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Why Action is Necessary
The proposed Ordinance was prepared by the Office of the County Attorney at the direction of the Board of County Commissioners at its meeting of October 15, 2019.
What Action Accomplishes
Enables the setting of a public hearing during which the Board may consider enacting an Ordinance relating to public school concurrency and impact fees.
Is this Action Goal Related
No
Previous Action Taken
Summary Explanation/Background
The proposed Ordinance was prepared at the direction of the Board of County Commissioners ("Board") at its meeting of October 15, 2019, and amends the student generation rates and school impact fees contained in Section 5-182.9 of the Broward County Code of Ordinances (the "Land Development Code"). The amendments are consistent with the Broward County Public School Student Generation Rate and School Impact Fee Study Update prepared by Tindale Oliver and dated July 23, 2019, as modified by the School Board of Broward County ("School Board"). Specifically, the School Board recommended that all impact fee increases be capped at forty nine percent (49%) of the existing fee.
The proposed Ordinance also amends Section 5-182.9 to incorporate relevant provisions of Chapter 2019-106, Laws of Florida, commonly referred to as House Bill ("HB") 7103, including the dual rational nexus test and providing for leveraging of school impact fee monies to pay for existing and new debt service or for previously approved projects, provided there is a reasonable connection to, or a rational nexus with, the expenditure of the collected school impact fees and the benefits accruing to the new residential development. For a more detailed explanation of the proposed amendments and responses to questions that were asked by the Board on October 15, 2019, please see the memorandum to the Board of County Commissioners from the Office of the County Attorney attached as Exhibit 3.
The Broward County Planning Council, as the local planning agency for the Broward County Land Use Plan, and the Environmental Protection and Growth Management Department, as the local planning agency for the Broward County Comprehensive Plan and its Future Unincorporated Area Land Use Element, held public hearings on May 28, 2020, and July 20, 2020, respectively, at which time they found that the proposed Ordinance was generally consistent with the Broward County Comprehensive Plan and Land Use Plan.
Source of Additional Information
Maite Azcoitia, Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
The Fiscal Impact Statement by the Office of Management and Budget will be provided at the time of the public hearing, in compliance with Section 18.5(e)(7) of the Broward County Administrative Code.