Broward County Commission Regular Meeting


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AI-28366 8.       
Meeting Date: 03/05/2019  
Director's Name: Henry A. Sniezek
Department: Environmental Protection Division: Planning & Development Management

Information
Requested Action
MOTION TO CONSIDER Approval of an Amendment to Educational Mitigation Agreements in connection with Broward County Land Use Amendments PCT 04-2, as amended PCT 06-1, PCT 13-2, PCT 16-2, and PCT 17-2/PCT 17-4, “Pembroke Pines Center Regional Activity Center.” (Commission District 6)

ACTION:  (T-10:33 AM)  Approved.

VOTE:  8-0.  Commissioner Geller was not present.
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 Amendments PCT 17-2/PCT 17-4 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 Pembroke Pines City Center Regional Activity Center (RAC) 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 Tri-Party Educational Mitigation Agreement related to the Pembroke Pines City Center RAC (Exhibit 2).

Since 2004, the Board has approved five land use plan amendments on this property which have increase the number of residential units and the associated impacts on public schools. Section 5-182(m) of the Broward County Land Development Code 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) requires the developer to enter into an agreement with Broward County. The Educational Mitigation Agreement for this property was approved in 2006 and has been amended three times to include additional impacts. The Broward County School Board is requesting further Amendment, related to Board approval of PCT 17-2/PCT 17-4 on August 22, 2017, which added 374 garden apartment units (for a total of 2,215 units) and changed the land use designation to Regional Activity Center (Exhibit 3).
 
 
Date Educational Mitigation Agreement                                LUPA                     Units                                                          
8/15/2006 OR Book 42695 Page 32 PCT 04-2           325 townhouses &  425 high rise units
5/22/2007 OR Book 44153 Page 647 PCT 06-1 Added 250 units
9/24/2013 OR Book 50522 Page 1173 PCT 13-2 Added 365 units
6/6/2017 INSTRUMENT No. 114601069 PCT 16-2 Added 476 units
 
Proposed                     
  PCT-17-2/ 
PCT17-4
Adds 374 units












The proposed Amendment provides that the impact of additional students generated by the additional units will be mitigated by paying a per unit student station fee or County school impact fee, whichever amount is higher.

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
Exhibit 2 - Delegation Request Application
Exhibit 3 - Proposed Educational Mitigation Agreement


    

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