THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE PLANNING AND DEVELOPMENT MANAGEMENT DIVISION RECOMMEND APPROVAL.
A request has been filed to amend the Declaration of Restrictive Covenants for the Westerra Local Activity Center recorded in O.R. Book 47245 Page 37. This relates to the traffic mitigation requirements for the Westerra Development of Regional Impact (DRI) (Exhibit 1). The property is located on the south side of Sunrise Boulevard, between Sawgrass Corporate Parkway and Northwest 136 Avenue, in the City of Sunrise containing approximately 100 acres (Exhibit 2).
In 2009, the Board approved Land Use Plan Amendment PC 08-12 to change the land use designation from Industrial to Local Activity Center. As condition of the approval, the applicant voluntarily entered into a Declaration of Restrictive Covenants (“DRC”) to mitigate the impacts of the DRI. On February 10, 2009, the DRI was approved for a maximum of 1,650 high-rise units, 100 townhouse units, 300 hotel rooms, 285,000 square feet of commercial use, 1,650,000 square feet of office use, and 170,000 square feet of industrial use.
On March 27, 2018, the City approved a Master Plan (City of Sunrise Resolution No. 18-41) for 750 high-rise units, 50,000 square feet of commercial use, 750,000 square feet of office use, and 1.6 acres of park or open space. This approval does not increase the maximum level of development within the DRI. On April 10, 2018, the City approved Ordinance No. 237-X-18-A which modified the traffic mitigation requirements of the DRI. Subsequently, the developer has requested to amend the DRC to correspond with the revised DRI Development Order.
The original DRC required lump sum payments for traffic mitigation. The Amended DRC requires a payment of $55,000 to partially fund software for a Signal Upgrade Package at three intersections; and phased payments, totaling up to $845,000, to partially fund installation of the Signal Upgrade Package and make other transit-oriented improvements. The payment schedule is determined by the number of PM Peak Hour Trips generated by future development within the DRI (Exhibit 3).
Staff recommends approval of the Amendment to the Declaration of Restrictive Covenants as requested. The proposed amendment was executed by the applicant on October 5, 2018 and has been approved as to form by the County Attorney’s Office.
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