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ITEM: AN AMENDMENT TO THE RESTRICTIVE COVENANT BETWEEN W&W EQUESTRIAN CLUB, LLC AND WELLINGTON FOR WINDING TRAILS
REQUEST: Approval of an Amendment to the Restrictive Covenant for Winding Trails, specifically Section 4, to allow adjacent lots 8 and 9 held under unity of title with common ownership to aggregate the sum of each lot's maximum horse stall and stall rental limitation.
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EXPLANATION: In 2017, the Wellington Council approved a master plan amendment for Winding Trails to allow nine (9) dwelling units, nine (9) barns with grooms quarters, and a maximum of 90 stalls (Resolution No. R2016-17). One of the conditions of approval was the developer's agreement to record Restrictive Covenants with specific provisions, including the limitation of "no more than four horse stalls per acre and no more than ten horse stalls on any lot within the development" and the limitation of "no more than four horse stalls rented to non-occupant third parties on any lot".
The contracted purchaser of Lots 8 and 9 (S/F Farm, LLC) in Winding Trails has requested Wellington Council approval of an Amendment to the Restrictive Covenant between W&W Equestrian Club, LLC, and Wellington for the Winding Trails development. Pursuant to the Restrictive Covenant, any amendment related thereto must be approved by all properties subject thereto and requires the approval of a majority of the Wellington Council. The Restrictive Covenant controls over any conflicting provision of the Declaration of Covenants for Winding Trails. The amendment to the Restrictive Covenant is subject to the consent and joinder of the mortgagee on the property.
The Amendment is proposed to address the intended combination of adjacent lots 8 and 9 under unity of title with common ownership and the application of the maximum horse stall limitation. Given that unity of title under common ownership was not specifically addressed in the Declaration of Covenants nor the Restrictive Covenant, the req...
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