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Home My WebLink About20022245.tiff • St Vrain Valley SCIDDIDIStlit August 5, 2002 Glenn Vaad Weld County Commissioner P.O. Box 758 Greeley, CO 80623 Dear Mr. Vaad: As you are aware from previous meetings, the St. Vrain Valley School District has been discussing a policy on voluntary capital mitigation, and has now adopted it in final form. The policy, the regulations implementing it, and the exhibits demonstrating the fee levels are enclosed for your information. Briefly, the policy requires our planning staff to respond with a negative referral letter to any proposed development that would cause one of our schools to exceed 125% of capacity. If a developer has concerns that a negative referral may cause their project to be rejected by a land use body such as yours, or if it is your policy to refer developers to the school district when it appears that a negative referral may be forthcoming, then this policy would apply. The district would be willing to consider writing a favorable referral upon payment of the voluntary mitigation fee, which would then be used to add permanent classroom space at the affected school(s). The fee is based on the cost of adding a classroom to an existing building; the fee per household uses the historical student yield numbers in the same manner as our current cash-in-lieu methodology does. In other words, the calculation is the same as our cash-in-lieu calculations, but is based on the cost of a classroom rather than the cost of land. Please note that if this fee applies, it will be in addition to the requirement to dedicate land or pay cash in lieu of that dedication. The district has adopted this policy in order to provide a consistent methodology district wide, and ensure that any such discussion with developers will apply the same approach regardless of the jurisdiction in which the development is located. This policy is for voluntary mitigation, and applies only in those instances in which a developer is willing to offer mitigation. But should mitigation be offered, then the district expects the mitigation to meet the requirements of this policy in order for the district to be able to offer a favorable response. Should you have any questions about this policy and its application, please feel free to contact our Planning Department at 303-682-7365. rely, Kenneth J. kland Assistant Superintendent for Business Services 2002-2245 C1-u /lfe-md/c-, Dr.Ken Kirkland•Assistant Superintendent for Business Services•kirkland_ken@stvrain.kl2.co.us ph: 303.682.7203 • fax: 303.682.7343 •395 South Pratt Parkway•Longmont•CO • 80501-6499 O Or ; Ae • File: FDB VOLUNTARY CAPITAL MITIGATION New residential development has an impact on the capacity of existing school facilities within the district due to the predictable increase in students who will reside in the development. Without an additional source of capital funding, the ability of the district to provide adequate education facilities and opportunities for these students, concurrent with the need for capacity, is severely hampered. The Board of Education recognizes that the primary source for funding new school construction necessarily must be through a bond election. However, the Board shall consider other options for obtaining funding assistance and providing capacity, concurrent with the need, including the mitigation efforts of developers through voluntary gifts, donations, and agreements. Benchmark Review Each school has a programmed student capacity number that is dependent primarily upon the number of classrooms in the building and the staffing ratio of teachers to students. For purposes of determining the availability of capacity that will provide adequate educational opportunity for students of the school district, a benchmark of 125% of the building's capacity is used. The enrollment of students beyond this benchmark imposes a significant strain on the core facilities and the daily schedule for a school facility, thus negatively affecting the quality of education that can be provided. The District has determined that once a school reaches 125% of capacity, based upon enrollment and projections expected within the next five-year planning period, a referral response recommending denial of any residential project will be forwarded to the appropriate local governmental entity. Benchmark Mitigation A developer may voluntarily propose mitigation through a gift, donation, or other means to alleviate the impact on school capacity generated by students who will reside in the new residential units. Acceptance of the mitigation proposal shall be within the discretion of the district, in consultation with the affected local governmental entity, and shall be guided by the methodology contained in the regulations accompanying this policy. Adopted: July 31, 2002 LEGAL REFS.: C.R.S. 22-54-102 St. Vrain Valley School District RE-1J, Longmont, Colorado File: FDB-R VOLUNTARY CAPITAL MITIGATION Definition Voluntary capital mitigation is the voluntary contribution of funds or other in-kind gifts, donations or agreements by a developer of proposed residential units that would assist the district in constructing additional classroom capacity. By definition, voluntary capital mitigation funds will be used for capital improvements or projects and not on operating expenditures. Method of Evaluating Voluntary Capital Mitigation Proposals Once a school has been determined to exceed the benchmark capacity and the district has commenced writing letters recommending the denial of developments in response to local governmental entity referrals, the district may review possible mitigation options from developers to determine whether a positive recommendation to the referral may be provided. The following voluntary capital mitigation proposals shall be considered by the district in determining whether a positive referral letter may be provided. 1. Construction of a new school facility or classroom space to serve the students of the proposed new residential subdivision. 2. Donation of funds that could be used toward the construction of new facilities or classroom space to serve the students of the proposed new residential subdivision. Acceptance of the mitigation proposal shall be within the discretion of the district based on an evaluation of student impacts on core facilities and the timing of the potential capacity relief. Any cash-in-lieu of land payment or land dedication requirement based on IGA's with the cities, towns and counties shall not be considered to be a capital mitigation for purposes of this regulation. Guidelines for Determining Appropriate Capital Mitigation Donations The calculation of the voluntary capital mitigation amount shall take into consideration the following components: 1. The cost of the classroom — Standard classroom size times the construction cost per square feet, including common space. 2. Students in classroom — Standards for the number of students per classroom at elementary, middle, or high school (staffing ratio) times the 125% benchmark capacity. 3. Cost per student —Total cost of the classroom divided by the number of students in the classroom at 125% of capacity. 4. Cost per dwelling unit— Cost per student times the student yield per type of unit. Calculations would be made for each school level within the applicable school feeder area with the mitigation amount considered only for those schools exceeding the 1 of 2 File: FDB-R benchmark capacity. Any variation from this standard calculation proposed by a builder/developer must be reviewed by the Board of Education. Approval would only be granted if it was determined that there was an exceptional benefit to the district. Timing of the Voluntary Capital Mitigation Funds Voluntary capital mitigation funds, if accepted by the school district, shall be provided prior to or at the time of the recording of each final plat for units proposed within the subdivision. This would allow for the use of the funds to begin construction of classroom space concurrent with the construction of new residential dwelling units. Other methods of staging the voluntary contribution would need to be reviewed by the district on a case-by-case basis. If a sufficient revenue stream is provided for and assured through an agreement with the developer that allows the district to fund necessary capital improvements up front, the district would consider forwarding a positive referral letter. Use of Voluntary Capital Mitigation Funds The district will use voluntary capital mitigation funds that it has received as follows: 1. If funds donated will allow for the complete construction of classroom space to bring the capacity of a school up to the facility size standards per policy, the district will commence with the design and construction of the project as soon as possible, pending coordination with other building additions scheduled for the school. 2. If funds are not adequate to complete the construction of the classroom space to bring the capacity of a school up to the facility size standards, the district shall deposit the funds in a capital construction account for the applicable school feeder area. Design and construction will commence as soon as sufficient funds can be obtained either through additional developer donations or other funding efforts. 3. If the school is already at the facility size standards, the funds shall be deposited in a capital construction account for the applicable school feeder area for use in the construction of a new school to relieve the overcrowding at the existing school. Donations provided under this circumstance could be used to reduce the amount to be requested in future bond elections. 4. Funds may also be used to provide temporary capacity on a short-term basis until the completion of the necessary permanent classroom capacity can be provided. 5. If development causes enrollment to exceed the benchmark at one or more schools in a community that does not have a self-contained feeder system (i.e. elementary, middle and high school all in the same community), the funds allocated to the school level(s) within that community shall be used only for capital construction within the attendance boundary of each individual school that serves the community. 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