Broward County Commission Regular Meeting


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AI-27216 64.       
Meeting Date: 08/14/2018  
Director's Name: Henry A. Sniezek
Department: Environmental Protection Division: Planning and Development Mgt (Quasi)

Information
Requested Action
MOTION TO CONSIDER APPROVAL of the First Amendment to Educational Mitigation Agreement recorded in Official Record Book 42694, Page 1999-2027 related to Broward County Land Use Plan (BCLUP) Amendment PCT 05-4 as amended by BCLUP Amendment PCT 15-4. (Commission District 8)

(Per the Tuesday Morning Memorandum, Item #64 was mistakenly classified as a “Quasi-Judicial Consent Hearing” item.  It is requested that this item be reviewed as a “Consent Agenda” item.)


ACTION:  (T-10:33 AM)  Approved.
 
VOTE: 9-0.
Why Action is Necessary
Section 5-184(c) of the Broward County Land Development Code requires developers to enter into an impact agreement with the County when an alternative other than the dedication of land, construction of facilities, or payment of fees specified in the Code is proposed.
What Action Accomplishes
Implements voluntary commitment for Land Use Plan Amendments PCT 05-4 and PCT 15-4 and ensures compliance with the Broward County Land Development Code.
Is this Action Goal Related
Previous Action Taken
None
Summary Explanation/Background
THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE PLANNING AND DEVELOPMENT MANAGEMENT DIVISION RECOMMEND APPROVAL.

The Miramar Regional Activity Center (RAC) is generally located on the south side of Pembroke Road, between Flamingo Road and Southwest 101 Avenue (Exhibit 1.) The City of Miramar (City) has filed a request to amend a voluntary educational mitigation agreement recorded in Official Record Book 42694, Page 1999-2027 related to the Miramar RAC (Exhibit 2.)

Section 5-182(m) of the Broward County Land Development Code (LDC) requires residential developers to provide for the educational needs of 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 LDC requires the developer to enter into an impact agreement with Broward County.

On June 28, 2005, the Board approved Land Use Plan Amendment (LUPA) PCT 05-4 to add 2,000 new residential units to an existing 5,460 dwelling units in the RAC. 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 the student impacts. The agreement requires paying either a per unit student station fee or County school impact fee, whichever is greater, at the time of permitting.

On April 26, 2016, the Board approved LUPA PCT 15-4 to add 1,250 dwelling units to the RAC, for a total of 8,710 dwelling units. The City is requesting approval of an Amendment to the Educational Mitigation Agreement to mitigate the additional 1,250 units (Exhibit 3.)

This agreement has been approved as to form by the County Attorney’s Office.
 
Source of Additional Information
Josie P. Sesodia, AICP, Director, Planning and Development Management Division-(954) 357-6602

Fiscal Impact
Fiscal Impact/Cost Summary:
No Fiscal Impact
Attachments
Exhibit 1 - Location Aerial Photo
Exhibit 2 - Delegation Request from City of Miramar
Exhibit 3 - Proposed Educational Mitigation Agreement


    

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