Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Resilient Environment Division: Urban Planning Division
Information
Requested Action
title
A. MOTION TO APPROVE Release of an Age Restrictive Covenant recorded in the Official Records of Broward County with Instrument number 115751327; and authorize the Mayor and Clerk to execute same.
ACTION: (T-10:44 AM) Approved.
VOTE: 8-0. Mayor Rich voted in the affirmative telephonically. Commissioner Ryan was not present.
B. MOTION TO APPROVE Release of an Age Restrictive Covenant recorded in the Official Records of Broward County with Instrument number 116409864; and authorize the Mayor and Clerk to execute same.
ACTION: (T-10:44 AM) Approved.
VOTE: 8-0. Mayor Rich voted in the affirmative telephonically. Commissioner Ryan was not present.
C. MOTION TO APPROVE Release of an Affordable Housing Mitigation Covenant recorded in the Official Records of Broward County with Instrument number 115748263; and authorize the Mayor and Clerk to execute same.
ACTION: (T-10:44 AM) Approved.
VOTE: 8-0. Mayor Rich voted in the affirmative telephonically. Commissioner Ryan was not present.
D. MOTION TO APPROVE Release of a Land Use Covenant recorded in the Official Records of Broward County (Book 49011, Page 269). (Commission District 3)
ACTION: (T-10:44 AM) Approved.
VOTE: 8-0. Mayor Rich voted in the affirmative telephonically. Commissioner Ryan was not present.
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Why Action is Necessary
Board action is required to release restrictive covenants that were previously approved by the Board.
What Action Accomplishes
Releases two Age Restrictive Covenants, an Affordable Housing Mitigation Covenant, and a Land Use Covenant related to Broward County Land Use Plan Amendments PC 15-6, PC19-5, and PC 20-5.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None taken.
Summary Explanation/Background
THE RESILIENT ENVIRONMENT DEPARTMENT AND THE URBAN PLANNING DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.
TLH SABRA 2, LLC and TLH-70 NSID, LLC have applied to release four restrictive covenants that apply to property located generally south of Loxahatchee Road, between Bishop Pit Road and the C-36 Levee, in the City of Parkland (Exhibit 1). This site was approved by the Board for residential development under Broward County Land Use Plan (BCLUP) Amendments PC 15-6, PC 19-5, and PC 20-5. The original development plan included age-restricted units. The new owners now plan to develop 205 single family homes and 3.96 acres of park, with no age-restricted units. A companion request for plat approval for Homes at Parkland Royale (026-MP-22) is included on this agenda for Board consideration.
The existing restrictive covenants are in conflict with the proposed development plan. Therefore, the applicant is requesting their release prior to plat approval:
A. Age Restrictive Covenant (Instrument No. 115751327), a voluntary commitment from the previous developer;
B. Age Restrictive Covenant (Instrument No. 116409864), a voluntary commitment from the previous developer;
C. Affordable Housing Mitigation Covenant (Instrument No. 115748263), which has been superseded by three recorded Affordable Housing Mitigation Covenants (Instrument Nos. 119449473, 119449503, 119449482) that reflect the new development plan and require an affordable housing payment to Broward County of $1 per square foot of gross floor area of each dwelling unit; and,
D. Land Use Covenant (Instrument No. 110953305), related to wastewater use, which was required by the City of Parkland, and that the City has agreed to release.
Broward County Planning Council staff has reviewed this request and has no objection to the releases and replacement Affordable Housing Mitigation Covenants and a recertification of the local land use plan is being processed. Per the revised voluntary restrictions, the developer has recorded three Affordable Housing Mitigation Covenants in the Broward County Official Records with Instrument Nos. 119449473, 119449503, 119449482 to comply with the voluntary restrictions.
Staff recommends approval of the applicant’s request and the releases have been reviewed and approved as to form by the Office of the County Attorney.
Source of Additional Information
Josie P. Sesodia, AICP, Director, Urban Planning Division, (954) 357-6602.
Fiscal Impact
Fiscal Impact/Cost Summary
No fiscal impact.