THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE PLANNING AND DEVELOPMENT MANAGEMENT DIVISION RECOMMEND APPROVAL.
A request has been filed to release a Declaration of Restrictive Covenants recorded in O.R. Book 47393 Page 1263, which was made in conjunction with Land Use Plan Amendment PC 06-4 to mitigate student impacts (Exhibit 1). The property is located at the southwest corner of Sample Road and Northwest 107 Avenue, in the City of Coral Springs containing approximately 10.2 acres (Exhibit 2).
In 2005, the Board approved Land Use Plan Amendment PC 06-4, which changed the land use designation from Commercial Recreation to Medium-High (25) Residential. This allowed development of 168 high-rise residential dwelling units, generating 10 additional students in public schools. In 2010, the property owner voluntarily entered into a Restrictive Covenant (O.R Book 47393 Page 1263) to mitigate the impacts of ten students. The high-rise units were not built.
In 2014, the City of Coral Springs approved a revised development plan, which did not require amendment to the Broward County Land Use Plan. The revisions authorized a total of 250 mid-rise units, which would generate 12 students. The Restrictive Covenant was amended (O.R. Instrument No. 112732667) to address mitigation for impacts from the revised development plan.
The terms of Restrictive Covenant require the developer to make mitigation payments prior to environmental review approval by Broward County. In compliance, the owner made a lump sum payment of $170,704 to Broward County School Board and has also satisfied school impact fees for all the 250 mid-rise units. Therefore, staff recommends approval of the release as requested. The proposed release was executed by the Broward County School Board on June 12, 2018 and has been approved as to form by the County Attorney’s Office (Exhibit 3).
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