File Ref. #120
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IN RE: CITY COMMISSION NOVEMBER 4, 1998 AMENDMENT TO
MIAMI BEACH ZONING CODE CHANGING THE ZONING
MAP AND ZONING REGULATIONS
BEFORE THE CITY OF MIAMI BEACH
MIAMI-DADE COUNTY, FLORIDA
VERIFIED COMPLAINT UNDER SECTION163.3215(4), FLORIDA STATUTES
Pursuantto Section 163.3215(4), Florida Statutes, Complainant, KENT HARRISON
ROBBINS, files this Verified Complaint as a condition precedent to the institution of an
action pursuant to the cited Section and states as follows:
1. Complainant KENT HARRISON ROBBINS is the owner of real property located
in the City of Miami Beach, Dade County, Florida, which consists of a block on the
west side of Collins Avenue between 76th and 77th Streets and with the legal
description of Lots 1-6, Block 23 of the Corrected Plat of Altos Del Mar, Number 1
Subdivision, as recorded in Plat Book 31, Page 40 of the Public Records of Miami-Dade
County, Florida (the "Property").
2. On November 4, 1998, at a hearing before the City of Miami Beach City
Commission, the City Commission approved a change in the zoning designation of the
Property from RM-2 to RM-1. The changing of the map zoning designation and the
change in the permitted uses, the FAR, and the height allowed on the Property is
inconsistent with the Miami Beach Comprehensive Plan which designates the Property
as Residential Multi-Family Medium Density (RM-2) on the future land use map. The
FAR, intensity and density allowed under the RM-l zoning regulations is inconsistent
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with RM-2 designation under the comprehensive plan. Additionally, the permitted use
of hotels and apartment hotels, which is allowed under RM-2 zoning and RM-2
planning designation, is not allowed under an RM-1 zoning classification. Related
permitted, accessory, supplemental and conditional uses are restricted or prohibited.
3. Further, the reduction in FAR and height reduces the feasibility of family
sized apartments with three bedrooms contrary to the stated objective and policy of
the housing element of the comprehensive plan. Contrary to and inconsistent with the
mandate in Objective 2 and Policy 2.2 that the City provide incentives for the
development of units with three or more bedrooms, the subject rezoning is a direct
disincentive for the construction of such units. Furthermore, when considering that 60
units per acre would be allowed pursuant to the most recent City interpretation of the
Silver decision, the reduced FAR would allow apartments of about 60 apartments of
750 square feet each which would not allow for two, three or greater bedrooms per
apartment. Prior to the changes made on November 4, 1998, it was more likely that
family sized units would be built.
4. The Planning Department has recommended to the City Commission that
"area #37," the zoning district in which the Property is located, remain with an RM-2
zoning designation. The staff has expressed particular concern that this change would
cause the removal of hotel and apartment hotel use from the district which is contrary
to the present use of the designated area. Indeed, immediately west and adjacent to
the subject property on the south side of 77th Street is the Baltic Hotel. While the
Baltic Hotel would be permitted to continue its use as a hotel as a non-conforming use
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subsequent to the proposed change, the subject property may be prohibited from that
very same use. Many other properties in the district would also be permitted to
continue to be used as apartment-hotel, hotel and motel use as non-conforming uses
but this use would be denied to the subject property under RM-1 zoning.
5. The change in the zoning district is inconsistent with the Comprehensive
Plan.
6. The relief sought by the Complainant is that the City of Miami Beach City
Commission declare that the Property is not included in the area #37 downzoning and that
the zoning amendments and changes in regulations do not apply to the Property.
Alternatively, to reverse the zoning amendments and changes in regulations to the extent
that they apply to the Property or to declare the zoning amendments and changes in
regulations approved on November 4, 1998 to be null and void.
~~~
KENT HARRISON ROBBINS
1224 Washington Avenue
Miami Beach, Florida 33139
(305) 532-0500
Florida Bar No. 275484
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VERIFICA TION
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
I, KENT HARRISON ROBBINS, (DL R152-508-54-211 0 do hereby swear and affirm upon
direct personal knowledge that the information ~~e~
KENT HARRISON ROBBINS
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NOTARY PUBLIC
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CERTIFICATE OF SERVICE
I, KENT HARRISON ROBBINS, do hereby certify that service of this Verified
Complaint was made by hand within thirty (30) days after passage of the challenged
amendments, that is, on November 30, 1998 to the office of the Clerk of Miami Beach,
1700 Convention Center Drive, Miami Beach, Florida. 33139.
~L~
KENT HARRISON ROBBINS
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