The URL can be used to link to this page

Home My WebLink AboutCourt's MotionSTATE OF FLORIT)A DEPARTMENT OF ADMINISTRATIVE H ARI' GS .DOAH Case No.. O7_O0294OGM DONNA LIVINGS'1ON, .i)I iDRi KIRK RAESLDF AND AUGUSTO NEWELL, Petitioners, vs. CITY OF M AMI, FLORIDA a political subdivision of the State of Florida, Respondent, vs. LITTLE RIVER PLAZA, LLC, a F}orida limited liability company, Intervenor, AGREED MOTION TO APPROVE STIPULATED SETTLEMENT AGREEMENT. TO TEMPORARILY RELINQUISH JURISDICTION AND T() ABATE PROCEEDINGS Petitioners, DONNA LIVINGSTON, D'EIDRE KIRK RAESIDE AND AUGUSTO NEWELL, Respondent, CITY OF MIAMI ("City"), and Intervenor, LITTLE RIVER PLAZA, LLC, file this Agreed Motion to Approve Stipulated Settlement Agreement, to Temporarily Relinquish Jurisdiction and to Abate Proceedings ("Agreed . Motion") and stale: in accordance. with the Order of Prc-I-fearing Instructions entered by the Administrative Law Judge it this case, the attt)r cys -for the Parties met on August 9, 2007, to consider the possrhi,ity of settlement. .As a result of that meeting the Parties have agreed that this matter can be settled by the re -designation of the Property from the land use designation of Medium Density Multifamily Residential to the cumulatively included land use designation of Duplex Residential in accordance w!th the parameters set forth in the Stipulated Settlernent Agreement attached hereto as Exhibit "A „ 2. in order to implement the agreed settlement, it is necessary for jurisdiction of this matter to be temporarily relinquished to the City of Miami Ci y Commission, for further proceedings consistent vpith the Stipulated Se-ttleinert Agreement. 3. The Parties believe that the Cite Commission proceedings required by the Stipulated Settlement Agreement can be concluded on or before October 31, 2007. 4. lithe proposed settlerent is approved by the City Commission, the Parties will file with this tribunal an agreed motion for entry of an order of dismissal with prejudice, if the proposed settlement is not approved in accordance with the proposed Stipulated Settlement Agreement, jurisdiction will revert to this tribunal. n/21/2n7 02:0 TUCXER fiTaES ATT- PE WHEREFORE, the Parties respccitfully re-q-Liesi that their 4,i-ed-Motion be Ts-.Tated and that this vu.nal enter its Order Approving St pulated Settlement Agreement, Ternpbrarily Relinnui,shing 3uri3dict ion and Abating Proceediags. Respeethily 5tibruitted, By: By: BILZIN SIN)3ERG BAP‘iA :PRICE AXELR.ODLL? Attorneys fat P.etitietmt 200 South Biscayne Boulevard Suite 2500 Miami, Florida 33131-2336 Telephone: (305) 375-61.39 Facsapflt:(305)351-2285 JORGE L. FERNANDEZ CITY OF MIAMI ATTORNEY Attorney for Responderli Miami Riverside Center Suite 945 444 SW '2 Avalue, F rida 3' 30 one: (305)4 - 80 305)4 1801 ael ez-Rj Assistant City Attorney W. TUCKER GIBBS, 'Esq. Attorney for Petitioners 215 Grand Avenue Post Office Box. 3050 Coconut Grove, Florida 33133 pone: (305) 448,-8486 Facsimile: (305) 448-0773 By; )P, . Tucker ivilAM3 919&4. 767E424983 bbs STATE OF FLORIDA DEPART ' T OF ADMINISTRATIVE HEI R!N°GS l)()AH (rase No. 07-002940GN1 DONNA LiVINGS1O," . DEIDRE KIRK RAESIDE AND AUGUSTO NEWELL, Petitioners, VS CITY OF M1A.M1 Fi.,O1t1DA a politic -al subdivision of the State of Florida, Respondent, VS, LITTLE RIVER PLAZA. LLC, a Florida limited liability company, Intervenor, STIPULATED SETI'LE.MENT AGREEMENT Petitioners, DONNA .LIVINGSTON, DEIDRE KIRK RAESIDE AND ALTGUSTO NEWELL, Respondent, CITY OF MIAMI ("City'°), and intervenor, LITTLE RIVER PLAZA, LLC, on the basis of the following recitals and covenants, eater into this Stipulated Settlement Agreement ("Agreement") and agree as follows: WHEREAS, Petitioners tiled their Petition Challenging Compliance of a Srnall- Scale Comprehensive Plan Amendment with the Florida Growth Management Act ("Petition"), The Petitioners challenged the City's adoption of its Ordinance No, 12920 ("Ordinance") which approved Intervenor's application (`Application") to amend the EXHIBIT "A" uture Land tisc Ni.ap ("} f i f ") o the. City` of iian"u inprebensive Ncig rhood 3� )l� it g s ;c g t i 2 5 t F Pan (Plan) by ehts�?�in� thy: 1..r�d ��;e dic. r; �._,) ac,.e parcel �z la�rid located at 399 Northeast 2 Terrace in the City of Miami "Pr- oily") f.roni Single Family Residential to Medium Density Multifamily Resid al. WHEREAS in accordance with the applicable provisions of the Local Government Comprehensive Planning and Land Development Regulation Act ("Act") and tithe applicable provisions of law, the City gave notice and the City Commission conducted a public hearing on the Application on First Reading on March 22, 2007. The Ordinance approving the Application passed on First Reading. The City gave notice and conducted a public hearing on Second Reading on April 26, 2007_ After hearing testimony from its staff, members of the public and the attorneys for the Parties to this action. and after considering the evidence presented, the City Commission continued the hearing to May 24, 2007, in order to receive additions. irtformation. A third public hearing on the Application was conducted on May 24, 2007. After considering. the remarks of the attorneys for the Parties, the City Commission adopted the Ordinance by a vote of 4 to I. Petitioners challenged the adoption of the Ordinance by filing their Petition in this proceeding. WHEREAS, as a companion to the Application, Intervenor simultaneously filed an application (Zoning Application) to rezone the Property from R-1 Single Family Residential to R-3 Multifamily Medium -Density Residential. The City Commission conducted public hearings on the Zoning Application on the same dates as the public hearings for the Appication and adopted an Ordinance ("Zoning Ordinance") rezoning the Property from R-i to R-2 Duplex Residential, The Zoning Ordinance has not been challenged and jn 'effect. WIIfiallEAS, the Future Land Use t leinel Oahe Plan contains int r tive text that states: The laud use designations that app aT in the Future Land Use Plan Map are arranged following the "pyramid concept" of cumulative inclusion, whereby subsequent categories are inclusive of those listed previously except as otherwise noted. These designations. and the uses allowed in t iaem, are defined as follows.... Plan, Volume 1, Page ! 8. Pursuant to the Plan's "pyramid concept" the land use designation of Duplex Residential is cumulatively inelu.ded in the land use designation of Medium Density Multifamily Residential. Plan, Volume 1, Pages 19-20. WHEREAS, in accordance with the Order of Pre -Hearing Instructions entered by the Administrative Law Judge in this case, the attorneys for the Parties met on August 9, 2007, to consider the possibility of settlement and have agreed that this matter can be settled by the re -designation of the Property from the land use designation of Medium Density Multifamily Residential to the cumulatively included land use designation of Duplex Residential in accordance with the parameters set forth below; NOW, THEREFORE, for good and valuable consideration set forth in this Agreement, the sufficiency of which is hereby mutually acknowledged, consisting of the Partiesrespective covenants and promises as set forth herein, the Parties agree as follows: 1. The Parties shall file with the Administrative Law Judge a Motion to Temporarily Relinquish Jurisdiction and to Abate the Proceedings ("Motion"). 2. In the Motion, the Parties shall ask the Administrative :Law Judge to temporarily relinquish jurisdiction to the City Commission for the sole and narrow } sid4. Cl i otic - i.atid public h.ear:1 i whether the (I din ice purpose of la. i"i.'df' 's%.�tC:',r U'� ., should he amended to re-designit' the Property from the Medium Density Multi fain a .Residential land use designation to thu cumin itiveiy ;llclusivo Duplex Residential land USC di;SinnatiEin. 3. The harues recognize and acknowledge that the amendment cif the Ordinance is a legislative act and That thti. City, by entering into this Agreement, does not bind the City Commission to amend the Ordinance to re -designate the Property to Duplex Residential. The City Commission's jurisdiction will be limited, however, to either the approval ol'the amendment to Duplex Residential or the den al cf the amendment to Duplex Residential. The City Commission .shall not have jurisdiction under the temporary relinquishment ofjurisdiction to amend the Ordinance to approve any land use designation other than Duplex Residential nor will the City Commission have jurisdiction to impose any conditions not contained in this Agreement. l>t the amendment of the Ordinance to Duplex Residential is denied, the Property will remain designated Medium Density lvlultifam_ily Residential, and jurisdiction over this matter will be reinstated in the Department of Administrative lie rings for further proceedings. if the amendment of the Ordinance to Duplex Residential is approved as more fully set forth in Paragraphs 4 and 5, below, jurisdiction over this matter will be reinstated in the Department of Administrative Hearings for entry of a Stipulated Order of Dismissal upon the expiration of any applicable appeal periods. 4. The Parties recognize and acknowledge that the unopposed amendment of the Ordinance to Duplex Residential without objection by any potentially 'affected person" (as that ten-n is defined in Section 163.3184(1)((a), Honda Statutes) at the public hearing is a r';iato. iai (•)nditIon o lT ter\e2 of s { on u'nt to th Agreement, The I artes agree that rT ar' u=_jeciion to the amendment of .tlie Ordinance is made by a poiC'1r" :Iafl of ected person ar tite public iearixmg, Intervenor has the right to r€ v oke its consent to this Agreement, whereupon autoniatiea porary relinclt.ishnmen` of jurisdiction expire he City Commission will take no action and jurisdiction will he reinstated automatically in the Department of Administrative Hearings. If the amendment is approved without objection. however, the instant ease will be dismissed pursuant to Paragraph 3, above. 5. If the City Commission amends the Ordinance to re -designate the Property to the Duplex Residential /and use classification, and a potentially affected person who is not a parry to this Agreement initiates an administrative or judicial challenge to the amendment within 30 days of adoption or the Ordinance; and the challenge. is not dismissed for lack of standing or otherwise, the amendatory ordinance shall be of tto force and effect and the Ordinance as adopted on May 24. 2007, shall remain intact. Thereupon, the Property will remain designated as Medium Density Multifamily Residential and the instant case in the Department of Administrative Hearings will proceed as if no amendatory ordinance had been adopted. If the City amends the Ordinance, the amendatory ordinance will contain a provision consistent with this Paragraph, stating that the amendatory ordinance will not become final until the expiration of the applicable appeal period, and if appealed, the amendatory ordinance will become null and void if the appeal or petition is not dismissed. 6. The City agrees that the request to amend the Ordinance in accordance with this Agreement will be placed as a time certain item on the next avai/ahle City. 0B/21/2EE 7 O2:0U 305-418773 u. TUCKER r B S A TY Commission Planning and Zoning hcarir PA;ac e2 a foliv,ving the entry of the order tempo ai 3?y relic uishing jurisdiction and the requisite notice and advertisent of he public hearing, 7, Each Party shrill bear their own costs, expenses and attori ey's fees n❑ rn how accruing, ait-is4. from this a: tiara. By: Thy. By: BILZIN SU BERG BAENA PRJC er AXELROD LLP AttO: neyS for ,,,,fe-„oc'i(7T 200 South Biscayne Boulevard Suite 2500 Miami, Florida 33131-2336 Telephone: (305) 375.61:39 Ficsiiniie (305) 351.2285 �f: ' Eileen s �r�ta 3ORGE L. FERNANDEZ CITY OF MIAMI ATTORNEY Attorney for Respondent Miami Riverside Center Suite 945 444 SW 2 Avenue, Tel c3 el (305) a• i,05 el Su vas Assistant City Attorney W. TUCKER GIBBS, Esq. Attorney for Petitioners 215 Grand Avenue Post Office Box 1050 Coconut Grave, Florida 33133 Telephone: (305) 442-8486 F simile: (305)043-0773