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HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-074Temp. Reso.#11641 Page 1 of 6 June 5, 2009 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 Page 1 of 6 SSG/JGH 6-5-09 \\city_hall\cc\users\patt\Miscellaneous\TR 11641 (Prestige Homes -Amending 11535) aft 1 .doe Temp. Reso.#11641 Page 2 of 6 June 5, 2009 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 Page 2 of 6 SSG/JGH 6-5-09 \\city,_hall\cc\users\patt\Miscellaneous\TR 11641 (Prestige Homes - Amending 11535) A 1.doc Temp. Reso.#11641 Page 3 of 6 June 5, 2009 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 Page 3 of 6 SSG/JGH 6-5-09 \\city hall\ec\users\patt\Miscellaneous\TR 11641 (Prestige Homes -Amending 11535) all Ldoc Temp. Reso.#11641 Page 4 of 6 June 5, 2009 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. Page 4 of 6 SSG/JGH 6-5-09 \\city_hall\ce\users\patt\Miscellaneous\TR 11641 (Prestige Homes - Amending 11535) A ] aloe Temp. Reso.#11641 Page 5 of 6 June 5, 2009 1 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 Page 5 of 6 SSG/JGH 6-5-09 \\city_hall\cc\users\pattWiseellaneous\TR 11641 (Prestige Homes - Amending 11535) alt 1-doe