Item Coversheet

CITY OF OAKLAND PARK, FLORIDA
CITY COMMISSION AGENDA ITEM REPORT


A
GENDA ITEM NO. 15

MEETING DATE: 2/16/2022
PREPARED BY: DJ Doody, City AttorneyDEPARTMENT HEAD APPROVAL:  CITY ATTORNEY
SUBJECT: Oakland 95 LLC Proposal under Section 70.51, F.S. FLUEDRA Proceeding 
1.BACKGROUND/HISTORY
    
 

On October 1, 2021, a Request for Relief was initiated by Oakland 95 LLC (“Oakland 95”), the owner of the real property located at 2600 NW 18th Terrace, pursuant to Section 70.51 of the Florida Statutes (2021) entitled the “Florida Land Use Environmental Dispute Resolution Act”. The Request sought relief based on the City’s enforcement of its zoning code and ultimate Order of Enforcement issued by the City’s Special Magistrate against Oakland 95 for violation of Section 24-29 of the City’s Code. The Order of Enforcement was issued for Oakland 95’s vehicular ingress and egress through the residentially zoned subject parcel to an Industrial zoned property located in the City of Fort Lauderdale in violation of the City’s Code. Oakland 95 utilizes the property located in the City of Fort Lauderdale as a rock crushing plant.

On November 1, 2021, the City Attorney’s Office filed a response to the Request for Relief with a mutually agreed upon Special Magistrate in compliance with Section 70.51, F.S. Based on Oakland 95’s Request for Relief under Section 70.51, F.S., the City Attorney’s Office attended a mediation conducted by Honorable Peter M. Weinstein (the “Special Magistrate”) with Oakland 95 on January 24, 2022. During the mediation, the Special Magistrate stayed the proceedings and suggested that Oakland 95 submit proposals for improvements to the subject property and to the adjacent right of way to the City Commission for review.

On February 4, 2022, Oakland 95 provided the enclosed proposal to the City Attorney’s Office for review by the City Commission. The City Commission may accept, reject, or modify the proposal by Oakland 95. If the City Commission accepts or accepts with modifications the proposal by Oakland 95, a settlement agreement will be negotiated between the City and Oakland 95 for the City Commission’s further approval. If the City Commission rejects the proposal, the proceedings under Section 70.51 will resume, and the Special Magistrate will issue a recommendation following the required hearing.
2.CURRENT ACTIVITY
    
 
3.FINANCIAL IMPACT
    
 N/A
4.RECOMMENDATION
    
 

It is recommended that the City Commission consider Oakland 95’s proposal based on the suggestions from the Special Magistrate and in accordance with state law.

ATTACHMENTS:
Description
Access Easement Area
Proposed Improvements