Broward County Commission Regular Meeting


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AI-28721 46.       
Meeting Date: 04/09/2019  
Director's Name: Thomas Hutka
Department: Public Works Division: Real Property

Information
Requested Action
MOTION TO DISCUSS Disposition of 23 parcels of land located in the City of Pompano Beach which reverted back to the County because the City of Pompano Beach was unable to develop the properties for affordable housing consistent with the one year timeline contained in the Declaration of Restrictive Covenants; and provide any required direction to County staff consistent with the below item summary. (Commission Districts 2 and 4)

(Deferred at the request of the Mayor.(See Yellow-Sheeted Additional Material, dated April 9, 2019, submitted at the request of  Commissioner Fisher, as well as the Public Works Department.)
Why Action is Necessary
Board of County Commissioners' approval is required to convey real property pursuant to Broward County Administrative Code, Section 6.23.
What Action Accomplishes
Provides staff direction on the disposition of 23 parcels of land in the City of Pompano Beach.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
THE PUBLIC WORKS DEPARTMENT/FACILITIES MANAGEMENT DIVISION/REAL PROPERTY SECTION, AND THE HOUSING FINANCE AND COMMUNITY REDEVELOPMENT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.

Between August 2001 and September 2006, 23 parcels located in the City of Pompano Beach escheated to Broward County for non-payment of taxes. On August 5, 2008 (Item No. 12), the Board of County Commissioners approved the conveyance of the 23 parcels to the City of Pompano Beach pursuant to Florida Statutes, Section 197.592(3) subject to a Declaration of Restrictive Covenants for the development of affordable housing. The deeds conveying the parcels contained a provision which stated that the properties would revert back to the County if the City did not obtain a certificate of occupancy for a single-family home within 12 months from the date of the deed, which was the County's policy at the time. The City did not obtain the certificates of occupancy for any of the properties. On November 9, 2009, pursuant to the terms of the deeds, the properties reverted back to the County upon the recordation of an affidavit by the County stating that the County had exercised its due diligence and confirmed that no final certificate of occupancy had been issued for each property. On December 7, 2010 (Item No. 61), the Board of County Commissioners amended its policy to allow the grantees of County properties conveyed for affordable housing purposes to obtain a certificate of occupancy within five years.

The breakdown of the 23 parcels are as follows:
  • 15 - buildable;
  • 2 - unbuildable but are adjacent to each other and may be suitable for development if combined together;
  • 2 - unbuildable but may be suitable for development if combined with adjacent vacant lot; and
  • 4 - unbuildable and would require a variance from the City of Pompano Beach for possible development.
The City has recently requested conveyance of all 23 lots for the development of affordable housing. The City is an “entitlement city” meaning that it receives dedicated annual grant funding from the Federal government for both CDBG and HOME grants and from the State for SHIP grants and therefore has identical sources of funding as the County. The Broward County Housing Finance and Community Redevelopment Division policy is to not provide County grant funding from the same grant sources to entitlement cities. The Broward County Housing Finance and Community Redevelopment Division also recommends that the “range of affordability be up to” moderate income families (defined as incomes that are up to 120% of Area Median Income based on family size).
Source of Additional Information
Purvi A. Bhogaita, Director, Real Property Section, (954) 357-7333
Thomas J. Hutka, P.E., Director, Public Works Department, (954) 357-6410
Ralph Stone, Director, Housing Finance and Community Redevelopment Division, (954) 357-5320

Fiscal Impact
Fiscal Impact/Cost Summary:
There is no fiscal impact to Broward County. However, if the parcels are improved and/or conveyed to private ownership, these properties may be placed on the tax roll and may be subject to ad valorem property taxes.
Attachments
Exhibit 1 - Buildable Parcels Summary
Exhibit 2 - Unbuildable Parcels Summary
Additional Material - Information
Additional Material - Information


    

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