HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-013Temp. Reso. #11761
January 25, 2010
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RESOLUTION Na. R MID- /3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA ACKNOWLEDGING AND
APPROVING A SITE PLAN EXTENSION FOR THE
MONTEREY DEVELOPMENT PROJECT UNDER CHAPTER
2009-96, LAWS OF FLORIDA; AUTHORIZING AND
DIRECTING THE CITY ADMINISTRATION TO TAKE
ACTION CONSISTENT WITH THE INTENT OF THIS
RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on April 25, 2007 the City Commission of the City of Tamarac, Florida
(the "City") adopted Resolution No. R-2007-59, thereby approving Development Order No.
338.1, granting a New Development Site Plan (the "Site Plan") approval to Prestige
Homes of Tamarac, Inc. ("Prestige") for the development of the Monterey property; and
WHEREAS, on May 14, 2008, the City Commission approved the first extension of
the Site Plan, which extended the site plan approval until October 25, 2009; and
WHEREAS, on September 29, 2009, Prestige requested an additional (12) month
extension of time for the site plan approval; and,
WHEREAS, on December 23, 2009, Prestige indicated that it was seeking an
extension of time for its site plan approval pursuant to Chapter 2009-96, Laws of Florida
(the "Act"); and,
WHEREAS, on January 13, 2010, the City Commission considered a request for a
second Site Plan extension pursuant to the requirements of the City's Code of Ordinances
Temp. Reso. #11761
January 25, 2010
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and, based on Prestige's failure to satisfy the requirements of Section 10-2 of the City's
Code of Ordinances coupled with the recommendations of Staff, the City Commission
denied the Site Plan extension; and
WHEREAS, on January 21, 2010, Prestige filed a Complaint for declaratory and
injunctive relief against the members of the City Commission and certain members of the
City's professional staff seeking to have the Court issue a Site Plan extension under the
Act.
WHEREAS, the constitutionality of the Act is currently being challenged in Leon
County Circuit Court, and the validity and enforceability thereof remains a matter of debate
throughout the State of Florida; and
WHEREAS, notwithstanding the questionable enforceability of the Act, the City
Attorney's Office has undertaken an additional review of the status of Prestige's site
plan site plan approval and extension rights under the Act; and
WHEREAS, the City Commission has determined that given the divergent positions
taken by affected parties, local governments, and state agencies on the meaning and
import of the Act as to local government development order approvals, and the on -going
constitutional challenge to the Act, it is in the City's best interests to acknowledge an
extension to Prestige's Site Plan pursuant to the Act, thereby avoiding litigation expense
associated with having to defend the City, its Commissioners and Staff in the pending
litigation; and
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Temp. Reso. #11761
January 25, 2010
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WHEREAS, the City Commission finds that it is in the best interest of the citizens
and residents of the City of Tamarac to acknowledge and approve an extension to the Site
Plan, as previously requested by Prestige.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
SECTION 2: The City Commission of the City of Tamarac, Florida hereby
acknowledges and approves an extension to the Monterey Site Plan pursuant to Ch.
2009-96, Laws of Florida. It is the intent of this resolution to resolve -the sole issue
raised in the pending litigation, relating to the application of Chapter 2009-96 to
Prestige's request for an extension of its Site Plan approval.
SECTION 3: All appropriate City officials are hereby authorized and
directed to take any and all action necessary to effectuate the intent of this Resolution.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in
part or application, it shall not affect the validity of the remaining portions or applications of
this Resolution.
Temp. Reso. #11761
January 25, 2010
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SECTION 5: This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS DAY OF , 2010.
ATTEST:
MARION SW SON, CIVIC
CITY CLERK -
I HEREBY CERTIFY that I
Have approved this
RESO UTION as to form.
Liu
CITYjATTORNEY
CITY OF TAMARAC, FLORIDA
BETH TALABISCO, MAYOR
B. TALABISCO
P. BUSHNELL
P. ATKINS-GRAD
D. GLASSER
H. DRESSLER
SSG:JGH
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