Broward County Commission Regular Meeting


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AI-29176 36.       
Meeting Date: 06/11/2019  
Director's Name: Henry A. Sniezek
Department: Environmental Protection Division: Planning & Development Management

Information
Requested Action
MOTION TO CONSIDER Approval of an agreement between Broward County, City of Deerfield Beach and Toll Southeast, Inc. for the issuance of building permits prior to plat recordation for the Deerfield Crossing Plat (016-MP-18). (Commission District 2)

ACTION:  (T-10:51 AM)  Approved.  (Scrivener's Error - See County Administrator's Report: Item should be scheduled as a "Consent Item."  The Office of the County Attorney has requested that this Item be moved to the "Quasi-Judicial Consent Hearing," section of the Agenda.)

VOTE: 9-0.  Vice-Mayor Holness voted in the affirmative telephonically.
Why Action is Necessary
Section 5-187(c) of the Land Development Code requires County Commission approval of agreements authorizing the issuance of building permits prior to plat recordation.
What Action Accomplishes
Allows for construction of 19 model townhouse units, clubhouse and amenities prior to plat recordation.
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, subject to staff recommendations and conditions which will assure compliance with the standards and requirements of Chapter 5, Article IX of the Broward County Code of Ordinances.

Section 5-187(c) of the Land Development Code allows the Board to approve agreements authorizing the issuance of building permits prior to plat recordation, provided the plat has been approved by the Board. On May 21, 2019, the Board approved the Deerfield Crossing (016-MP-18) for 201 townhouse units on approximately 25.1 acres located at the west side of Military Trail, Between Upminster Circle and Southwest 10 Street in the City of Deerfield Beach (Exhibit 3). The applicant is requesting building permits prior to plat recordation to allow the developer to begin development of the site in accordance with their construction timeline (Exhibit1).

The attached tri-party agreement (Exhibit 2) allows the developer to obtain building permits for 19 townhouse units and ancillary clubhouse and amenities prior to the recordation of the plat. It has been executed by the City of Deerfield Beach and approved as to form by the County Attorney’s Office. The agreement stipulates that the concurrency/impact fees for the 19 townhouse units will be paid prior to the issuance of a building permit, and no certificates of occupancy shall be issued until the plat is recorded. The Land Development Code requires the applicant to post a “demolition security” to guarantee the removal of any structures constructed on the property in the event the plat is not recorded within 18 months of approval. A letter of credit in the amount of $151,560 was provided to secure the removal of the two townhouse buildings, clubhouse and amenities should the plat not be recorded by November 21, 2020.

Staff recommends APPROVAL of the attached agreement subject to the following conditions:
  1. Applicant records the attached building permit agreement in the public records of Broward County prior to environmental review approval of construction plans by the Planning and Development Management Division.
  2. Applicant pays transportation concurrency fees, school impact fees, park impact fees and park administrative fees for the 19 townhouse units during the environmental review approval of construction plans by the Planning and Development Management Division.
Staff recommends that the Board authorize the Mayor to sign an order approving this agenda item subject to staff’s recommendations.
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 - Application
Exhibit 2 – Agreement for Issuance of Building Permits
Exhibit 3 - Location Map


    

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