File Ref. #170
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BEFORE THE CITY OF MIAMI BEACH
FLORIDA, A MUNICIPALITY OF THE
STATE OF FLORIDA
INRE:
CITY COMMISSION OCTOBER 20, 1999
WAIVER OF CERTAIN DEVELOPMENT
REGULATIONS PURSUANT TO SECTIONS
142-425(d),(e), OF MIAMI BEACH ZONING
REGULATIONS FOR THE MIAMI CITY
BALLET FACILITY
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CITY OF MIAMI BEACH'S ANSWER AND AFFIRMATIVE DEFENSES TO VERIFIED
COMPLAINT PURSUANT TO SECTION 163.3215(4). FLORIDA STATUTES
The City of Miami Beach City Commission (hereinafter the "City"), by and through its
undersigned counsel, and pursuant to Section 163.3215(4), Florida Statutes, hereby files its answer
and affirmative defenses to the Verified Complaint filed by American Riviera Real Estate
Corporation and Palm Court, Inc. ("Plaintiffs") and states as follows:
ANSWER
1. The City is without knowledge of and, therefore, denies the allegations in paragraph
1 of the Verified Complaint.
2. The City admits the allegations in paragraph 2 of the Verified Complaint that, at a
hearing before the Miami Beach City Commission on October 20, 1999, the City Commission
approved Resolution No. 99-23370 granting a waiver of certain development regulations, pursuant
to Section 142-425(e) of the City's Zoning Ordinance, for the proposed Miami City Ballet facility
located in the Collins Park area within the City's proposed Cultural Campus. The City further admits
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OFFICE OF THE CITY ATTORNEY" 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
the allegation that said waiver regards the proposed Ballet facility's required parking under Chapter
130 of the Land Development Regulations of the City of Miami Beach. The City denies the
allegations in paragraph 2 that this waiver of development regulations and parking requirements is
inconsistent with the Miami Beach Comprehensive Plan and contrary to the requirements of
maximizing off-street parking for each development. The City denies all remaining allegations in
paragraph 2.
3. The City admits that the Complainants have alleged in paragraph 3 they are seeking
relief from the City of Miami Beach in the form of a request for a reversal of the waiver of impact
fees or a declaration that the impact fee waiver is null and void.
4. The City denies all remaining allegations in the Verified Complaint which have not
been specifically admitted or denied herein.
AFFIRMATIVE DEFENSES
5. There is no subject matter jurisdiction over this cause because the City of Miami
Beach's approval of Resolution No. 99-23370 is not "action on a development order under Section
163.3215, Florida Statutes, which materially alters the use or density or intensity of use on a
particular piece of property that is not consistent with the Comprehensive Plan adopted under this
part."
6. The Complainants have no standing and have not aggrieved or adversely affected
parties pursuant to Section 163.3215 of the Florida Statutes.
7. The waiver of development regulations provided for in Resolution No. 99-23370 was
properly adopted and enacted pursuant to Section 142-425 of the Miami Beach City Code.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
8. The City of Miami Beach reserves the right to raise any additional affirmative
defenses or arguments should an action be instituted in a court of competent jurisdiction.
Respectfully submitted,
MURRAY H. DUBBIN
City Attorney
City of Miami Beach
1700 Convention Center Drive
Legal Department - Fourth Floor
Miami Beach, Fl 33139
(305) 673-7470
By: ~fD50~
DEBORA J. TURNER
First Assistant City Attorney
Fla. BarNo. 379081
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the foregoing was filed this 17th day of December, 1999, with
the City Clerk, City of Miami Beach, 1 st Floor, 1700 Convention Center Drive, Miami Beach,
Florida 33139 and that a true and correct copy of the foregoing was served by u.s. Mail and
facsimile this 17th day of December, 1999 to KENT HARRISON ROBBINS, ESQ., 1224
Washington Avenue, Miami Beach, Florida 33139.
By: ~LZm~~
DEBORA 1. TURNER
First Assistant City Attorney
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OFFICE OF THE CITY ATTORNEY. 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139