HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-074Temp. Reso.#11641
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CITY OF TAMARAC, FLORIDA
RESOLUTION R-2009-74
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, REPEALING RESOLUTION NO. R-2008-
191, IN PART; WITHDRAWING THE CITY'S SUPPORT FOR
PRESTIGE HOMES OF TAMARAC, INC.'S ("PRESTIGE
HOMES") REQUEST TO THE BOARD OF COUNTY
COMMISSIONERS FOR BROWARD COUNTY TO ELIMINATE
THE WORKFORCE HOUSING COMPONENT OF THE
PREVIOUSLY RECORDED DECLARATION OF RESTRICTIVE
COVENANTS FOR THE SABAL PALM PLAT GENERALLY
LOCATED ON THE NORTHEAST CORNER OF COMMERCIAL
BOULEVARD AND ROCK ISLAND ROAD; SUPPORTING A
REQUIREMENT THAT PRESTIGE HOMES PAY A FIXED
AMOUNT PER UNIT SOLD TO THE CITY TO BE PLACED IN AN
AFFORDABLE HOUSING TRUST FUND TO ASSIST LOW, LOW -
MODERATE, AND MODERATE INCOME HOME BUYERS IN
THE CITY; AUTHORIZING AND DIRECTING THE CITY
ADMINISTRATION TO TAKE THE ACTION NECESSARY TO
EFFECTUATE THE INTENT OF THIS RESOLUTION;
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE BOARD OF COUNTY COMMISSIONERS
FOR BROWARD COUNTY; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on December 10, 2008, the City Commission of the City of
Tamarac, Florida (the "City") adopted Resolution No. R-2008-191 (the
"Resolution") providing for an omnibus review and reevaluation of the City's
relationship with Prestige Homes of Tamarac, Inc. ("Prestige Homes"); and
WHEREAS, the Resolution detailed, among other things, the City's
support for Prestige Homes' request to the Board of County Commissioners for
Broward County, Florida for an elimination of the workforce housing component
of the Declaration of Restrictive Covenants imposed by Broward County for the
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Sabal Palm Plat generally located on the northeast comer of Commercial
Boulevard and Rock Island Road; and
WHEREAS, the Declaration of Restrictive Covenants, recorded on
August 10, 2007 (Broward County Public Records, Official Record Book
44460, Page 1653), imposes certain workforce housing requirements on
Prestige Homes, as well as other conditions and restrictions; and
WHEREAS, since the adoption of the Resolution, the City, in a
continuing good faith effort, has been working with Prestige Homes to facilitate
the development of their property; and
WHEREAS, as part of the ongoing dialogue between the City and
Prestige Homes, the parties have been attempting to reach a publicly
supportable agreement regarding the workforce housing component of
Prestige Homes' development of the Saba[ Palm Plat; and
WHEREAS, despite their best efforts, the City has not been able to
reach a satisfactory resolution with Prestige Homes regarding the workforce
housing issues and is hereby withdrawing its support for Prestige Homes'
request to Board of County Commissioners for the elimination of the workforce
housing component of the Declaration of Restrictive Covenants; and
WHEREAS, during the ongoing discussions with Prestige Homes, and
after consultation with Broward County, it became evident to the City that the
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complete elimination of the workforce housing component of the Declaration of
Restrictive Covenants was not a workable option; and
WHEREAS, on May 20, 2009, Ralph Stone, Broward County's Director
of Housing Finance and Community Development, after review of a proposed
Land Use Plan Amendment for Sabal Palm, issued a memorandum,
incorporated herein by reference, suggesting that there were a number of
viable workforce housing alternatives for the subject property; and
WHEREAS, after review of Mr. Stone's memorandum and
reconsideration of the status of the discussions between the City and Prestige
Homes, City Staff has recommended that Prestige Homes be required to pay a
fixed amount per unit sold to the City to be placed in an Affordable Housing
Trust Fund to aid low, low -moderate, and moderate income home buyers within
the City; and
WHEREAS, this Staff recommendation is expressly reaffirmed as a
potentially viable workforce housing option in the May 20, 2009 memorandum
by Mr. Stone; and
WHEREAS, the City Commission, having reviewed Staffs
recommendation and other information associated therewith, requests that the
Board of County Commissioners require Prestige Homes to pay a fixed amount
per unit sold to the City to be placed in an Affordable Housing Trust Fund to aid
low, low -moderate, and moderate income home buyers within the City; and
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WHEREAS, the City Commission further finds that such a workforce
housing requirement is in the best interests of the citizens and residents of the
City of Tamarac.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF TAMARAC AS FOLLOWS:
Section 1. The foregoing "WHEREAS" clauses are confirmed and
ratified as being true and correct and are hereby incorporated herein.
Section 2. The City Commission of the City of Tamarac, Florida hereby
repeals Resolution No. R-2008-191, in part, as it relates to the workforce housing
component of the Declaration of Restrictive Covenants for the Sabal Palm Plat.
The City Commission hereby further requests that the Board of County
Commissioners for Broward County require Prestige Homes to pay a fixed
amount per unit sold to the City of Tamarac to be placed in an Affordable
Housing Trust Fund to aid low, low -moderate, and moderate income home
buyers within the City.
Section 3. The City Commission hereby authorizes and directs the
appropriate members of the City Administration to take the action necessary to
effectuate the intent of this resolution.
Section 4. The City Commission hereby directs the City Clerk to
transmit a copy of this resolution to the Board of County Commissioners for
Broward County.
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Section 5. All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Section 6. 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.
Section 7. This Resolution shall become effective immediately upon its
passage and adoption.
PASSED AND ADOPTED BY T E CITY COM ISSION OF THE CITY OF
TAMARAC, FLORIDA THIS DAY OF , 2009.
ATTEST: -
MAR lt t i/EI�S{ V, CM
= 'TY �L IBC
I HEREBY CERTIFY that I
Have approved this
R$SkLUTION a4 to form.
.
i
Al 1 - . , • -
B. TALABISCO �i •��
P. BUSHNELL
D. GLASSER
P. ATKINS-GRAD
H. DRESSLER
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