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Home My WebLink AboutR-2001-130 RESOLUTION NO. 2001-130 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE VARIOUS SETTLEMENT DOCUMENTS ON BEHALF OF THE CITY OF DANIA BEACH WITH JEREMIAH J. KELLY AND DOROTHY M. KELLY PERTAINING TO PENDING LITIGATION IN STATE COURT; FURTHER, PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission authorizes the proper City officials to execute settlement documents on behalf of the City of Dania Beach with Jeremiah J. Kelly and Dorothy M. Kelly (Case No. 99-011997 (03), Broward County, Florida, Seventeenth Judicial Circuit Court). Included within the settlement documents shall be the "Stipulation for Settlement", consisting of six (6) pages, a copy of which is attached to this Resolution and incorporated by this reference, which may be executed by the City Attorney on behalf of the City. Section 2. That the Acting City Manager and City Attorney are authorized to make minor revisions to such settlement documents as are deemed necessary and proper for the best interests of the City. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 14th day of August, 2001. PAT FLURY MAYOR - COMMISSIONER AT EST' ROLL CALL: COMMISSIONER BERTINO -ABSENT COMMISSIONER MCELYEA - YES C ARLENE JO SON COMMISSIONER MIKES - YES ACTING CITY C RK VICE-MAYOR CHUNN -YES MAYOR FLURY - YES APPROVED AS TO F RM AND CORRECTNESS: BY: TH M�j . J. XNSBRO CITY ATTORNEY RESOLUTION NO. 2001-130 AUG-06-2001 MON 11 :52 AM FAX NO. P. 02 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA )EREMIAH J. KELLY, and DOROTHY M, KELLY, CASE NO: 99-011997 Plaintiffs, DIVISION: 03 vs. CITY OF DANIA BEACH, a municipal corporation existing under the Caws of the State of Florida, Defendant. 1 l_EMER) • The Plaintiffs, )EREMIAH J, KELLY and DOROTHY M. KELLY ("KELLY") and Defendant, CITY OF DANIA BEACH ("CITY"), (collectively, the "PARTIES") stipulate and agree as follows: 1. Plaintiffs' property legally described as Lot S, Block 3, TROPIC FARMS, Plat Rook 24, Page 30, Public Records of Broward County, Florida (M-2 Property) was zoned Broward County M-2 prior to the time Defendant/City changed its zoning on August 8, 2000 to IROM. Plaintiffs' property legally described as Lots 6, 7 and a portion of lot 8, Block 3, TROPIC FARMS, Plat Book 24, Page 30, Public Records of Broward County, and a portion of Florida of Tract 12 of�Seaboard Farms, Plat Book 18, Page 22, Public Records of Broward County, Florida (M-1 property) was zoned Broward County M-1 prior to the time Defendant changed its zoning on August 8, 2000 to IROM. • AUG-06-2001 MON 11 :52 AN FAX NO. P. 03 • 2. Kelly represents that Kelly's M-2 Property has been utilized by Kelly and their companies since the late 1980's for the following lawful uses: a. As an independent dealer in motor vehicles pursuant to Florida Statutes §320.27, b. For mechanical repair and maintenance of motor vehicles licensed for roadway use specializing in, but not limited to, buses, semi- tractor/trailer vehicles and RV's, as well as race cars. C. To warehouse and wholesale motor vehicle parts. d. Storage of motor vehicles licensed for current operation on the public roads by the Department of Transportation. 3. On January 27, 1998, City did approve a special exception for Kelly's M-1 and M-2 Properties ("Business Property") so as to permit it to be utilized as a bus storage, washing and fueling facility.ar4 Gty-did�ant-,a.,13uRdiflg42ermit. for-e ferrce`err-P�ov�rnbe��,-}998: 4. City acknowledges that during the calendar year 7997, 1998 and 1999, Kelly obtained an occupational license for the use of its M-2 Property at 2490 SW 32nd Street, Dania Beach, Florida, 5. On or about May 12, 1998, the CITY enacted Ordinance No. 09-98 which imposed a temporary and limited moratorium on development orders for heavy industrial uses. 2 AUG-06-2001 MON 11 :52 AM FAX NO. P. 04 6. Prior to the moratorium, the CITY had approved the uses undertaken by Plaintiffs on the M-2 Property which were lawful uses under the property's zoning categories. 7. Relying on the moratorium, City refused Kelly their request to further improve their Business Property by expanding an existing use. 8. After passage of the moratorium, Kelly consistently maintained that these lawful uses on both properties should not be subject to the moratorium. However, the moratorium as applied, precluded Kelly's ability to propose development orders' site plans, or requests for occupational licenses to expand Kelly's ongoing business activities within the lawful, permitted uses for the properties. 9. Kelly's circumstances are unique in that their business activities on these . properties take place adjacent to, and in the shadow of, a highly elevated section of 1-595 where visibility to the general public is limited, The properties are adjacent to one another and have been planned and used together in the conduct of the Kelly's business. The M-2 property has been operated as a legal nonconforming use since the adoption of the iROM zoning. 10. The parties recognize and acknowledge that.- (a) The properties are in a geographical area adversely affected by the drainage patterns created through the construction of 1-595 and 1-95. (b) The Kelly properties are In a geographical area that encourages future development to be consistent with the City of Dania Beach's iROM zoning code and that the present use should be transitional with a definitive termination date. • 3 AUG-06-2001 MON 11 :52 AM FAX NO. P. 05 (c) The properties are subjected to annual flooding which inhibits and prevents the parties from complying with the City's current landscaping code. 11. The City, in recognizing the unique circumstances of Kelly that are attributable to the new zoning regulations agrees that Kelly may continue their existing uses for the property identified as Lot S, Block 3, TROPIC rARMS, Plat Book 24, Page 30, Public Records of Broward County, Florida (M-2 Property), 12. The City, in recognizing the unique circumstances of Kelly that are attributable to the new zoning regulations agrees that Kelly may continue their existing uses for the property identified as Lots 6, 7 and a portion of Cot S, Block 3, TROPIC FARMS, Plat Book 24, Page 30, Public Records of Broward County, Florida, and a portion of Florida of Traci 1.2 of Seaboard Forms, Plat Book 78, Pago 22, Public Records of Broward County, Florida (M-1 Property) through December 31, 2007, subject to the terms and conditions of this Stipulation as set forth hereafter; (a) Kelly shall continue to maintain the existing landscaping along their property's northerly boundary, including the abutting Swale for SW 32nd Street through December 37, 2007 or.the abandonment of the present use, whichever occurs first. (b) Recognizing the temporary use of this property and the flooding F conditions it is subjected to, the City of Dania Beath shall waive any further requirements to landscape or improve these properties beyond that which is presently existing in lieu of which Kelly shall contribute to a special landscaping fund created for the benefit of the City of Dania Beach the sum of Fifteen Thousand ($15,000,00) Dollars, to be paid unto the City within ten (10) days of this Stipulation for Settlement being incorporated into a final order by the Circuit Court. AUG-06-2001 MON 11 :52 AM FAX NO. P. 06 (C) Kelly shall make application with th e City for issuance of all applicable occupational licenses and City shall issue same in accordance with its laws, procedures and this Stipulation, The parties acknowledge and agree that the occupational license issued for the M-1 Properly shall restrict the use of the property to the storage of motor vehicles licensed for current operation on public roads by either the Federal or State Department of Transportation. Kelly specifically agrees that no other storage of any type will be permitted on the property and recognizes that this prohibition includes the exclusion of containers and containerized trailers (Le., as commonly used by Sea Land, Maersk and other seagoing tanker carring carriers); dumpsters; material/;sanitation vehicles; construction equipment; carnival equipment; hot dog, popcorn or other similar carts; or any other type of persQnal property that is not specifically identified as a motor vehicle in Florida Statute • §320.01(1)(a)(b). (i) The parties agree that Kelly shall have ninety (90) days from the date thls Stipulation is last signed to remove from the property any excluded uses that may presently be situated thereon- (d) On or before December 31, 2007, or a later date if extended In writing by the City, Kelly shall cease to utilize its M-1 Property for any purpose or use not properly and in compliance with and landscaping permitted under/the then-existing City zoning/regulations. Kelly's failure to timely abide by this covenant shall be treated as an act of contempt for which the City shall be entltled to seek immediate redress from the court, Inclusive of any attorneys' fees and court costs reasonably incurred. 13. Each party shall bear its own attorney fees and costs. * including but not limited to gasoline and petroleum • 5 AUG-06-2001 MON 11 :53 AM FAX NO. P. 07 14- Upon approval of this Stipulation by the Court, this action shall be dismissed with prejudice, with the Court retaining jurisdiction for enforcement purposes. Dated this _ day of June, 2001. E H LY DOROTHY M. KE Y ATKINSON, DINER, STONE, WEISS, SEROTA, HELFMAN, MANKUTA & PLOUCHA, P.A. PASTORIZA & GUf DES, P.A,Attorneys for Kelly Attorneys for City Of Dania Beach ]94� Tyler Street 3111 Stirling Road, Suite 8 Hollywood, Florida 330z0 Fort Lauderdale, Florida 33312 S4)925-550] Tel. (954)763-4242 • By: a AV! . MA K A, y 7HOMAS J. ANSBRO, ESQ. 5:'Z0103\St1pufat1on of settlement 6.wpd 6 * TOTRL PRGE.07