THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE PLANNING AND DEVELOPMENT MANAGEMENT DIVISION RECOMMEND APPROVAL.
The Pembroke Pines City Center Local Activity Center (LAC) is generally located on the west side of Palm Avenue, between Pines Boulevard and Washington Street containing 146 acres (Exhibit 1). The School Board of Broward County has filed a request to amend a voluntary educational mitigation agreement recorded in Official Record Book 42695, Pages 32-60 related to the Pembroke Pines City Center LAC (Exhibit 2.) On December 14, 2004, the Board of County Commissioners approved land use plan amendment PCT 04-2 designating a “Local Activity Center” in the City of Pembroke Pines. As a condition of approval, the City voluntarily agreed to enter into a tri-party agreement, with Broward County and the School Board of Broward County, to mitigate student impacts created by the LAC. Section 5-182(m) of the Broward County Land Development Code (LDC) requires residential developers to provide for the educational needs of the future residents by paying educational impact fees. If the developer chooses an alternative to the payment of educational impact fees or dedication of land or construction facilities, Section 5-184 (b) of the Broward County LDC requires the developer to enter into an impact agreement with Broward County.
This Educational Mitigation Agreement for PCT 04-2 was approved for 325 townhouses and 425 high rise units on August 15, 2006 (OR Book 42695, Page 32-60) and has been amended twice:
- On May 22, 2007, the Board approved the First Amendment to Educational Mitigation Agreement, PCT 06-1 recorded in OR Book 44153, Page 647-67 , to add 250 high rise units.
- On September 24, 2013, the Board approved the Second Amendment to Educational Mitigation Agreement, PCT 13-2 recorded in OR Book 50522, Page 1173-1194, to add 365 dwelling units for a total of 1,365 dwelling units consisting of 275 townhomes, 415 multi-family, and 675 high rise unit (of which 250 high rise units will be affordable.)
The applicant is requesting a Third Amendment, related to PCT 16-2, which will add 476 residential dwelling units to the LAC consisting of 450 multi-family market rate units and 26 affordable high rise units for a total of 1,841 dwelling units (of which a total of 276 high rise units will be affordable). Please see Exhibit 3.
Broward County adopted public school concurrency regulations requiring all plats containing residential units approved after April 18, 2008 (and not exempt or vested) to be subject to concurrency review. Therefore, the proposed Amendment provides that all unassigned residential units (added but not built or under construction) will be required to mitigate the impact of the additional students by either paying per unit student station fees or County school impact fees, whichever amount is higher.
This agreement has been approved as to form by the County Attorney’s Office.
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