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Ordinance 94-2946 ORDINANCE NO. 94-2946 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING SECTION 17, ENTITLED "PLANNING BOARD" , AMENDING SUBSECTION 17-4, ENTITLED "CONDITIONAL USE PROCEDURES" BY ELIMINATING THE PROVISION ALLOWING FOR REVIEW BY THE CITY COMMISSION OF DECISIONS OF THE PLANNING BOARD GRANTING OR DENYING CONDITIONAL USE APPROVAL; PROVIDING THAT AN APPLICANT, THE CITY MANAGER, ON BEHALF OF THE ADMINISTRATION, AN OWNER OF PROPERTY WITHIN 375 FEET OF THE SUBJECT PROPERTY, AND, IN THE CASE OF HISTORIC SITES OR PROPERTIES LOCATED WITHIN A HISTORIC DISTRICT, THE MIAMI DESIGN PRESERVATION LEAGUE AND DADE HERITAGE TRUST MAY SEEK REVIEW OF A CONDITIONAL USE DECISION OF THE PLANNING BOARD; PROVIDING THAT REVIEW SHALL BE DIRECTLY TO A COURT OF COMPETENT JURISDICTION; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, pursuant to Subsection 17-4 of the City' s Zoning Ordinance, an applicant or the City Manager or the owner of property located within 375 feet of the subject property may appeal a decision of the Planning Board granting or denying Conditional Use Approval to the City Commission; and WHEREAS, the Mayor and City Commission believe that review of the Planning Board' s Conditional Use decisions should be by a court of competent jurisdiction; and WHEREAS, it is necessary to update the standard used to review Conditional Use decisions of the Planning and Zoning Director in keeping with current case law. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENT OF SUBSECTION 17-4 . That Subsection 17-4 of Section 17, entitled "Planning Board" of Comprehensive Zoning Ordinance No. 89-2665 is hereby amended as follows : 17-4 CONDITIONAL USE PROCEDURES G. Appeal Review of Conditional Use Decisions 1 . An Applicant may appeal a decision of the Planning and Zoning Director to the Planning Board within fifteen (15) days of the date on which the Director reached a decision on the Conditional Use application. The Applicant, City Managcr or an owner of property within 375 feet of the Sitc may appeal a Conditional Use decision of thc Planning Board to the City Commission. The appeal shall be in writing and submitted to thc Planning and Zoning Director within fifteen (15) days of the date on which the Board reached a decision on an application. The appeal shall be placed on the City Commission Planning Board agenda within forty five (45) days of receipt of the appeal, 2 . In order to reverse, amend, or modify a Conditional Use decision of the Planning Board or Planning and Zoning Director, the Board reviewing body shall find that the Board/Director acted arbitrarily and capriciously in abuse of his their o ' - - - ' o-. oo .- - . A vote of at 1 ast five (5) members of the reviewing body Shall be required in order to reverse a decision of the 2 Planning Board. did not do one of the following: a. provide procedural due process, b. observe essential requirements of law, or c . base his/her decision upon substantial competent evidence . The Board shall issue a written Order setting • forth its decision, which shall be promptly mailed to all parties to the appeal . 3 . An applicant , the City Manager, on behalf of the Administration, the owner of property located within 375 feet of the subject property, and in the case of a Historic Site or property located within a Historic District, Miami Design Preservation League and Dade Heritage Trust may seek review of a Conditional Use decision of the Planning Board. Appeal from Review of a Conditional Use decision of the City Commis3ion Planning Board shall be to a court of competent jurisdiction by petition for writ of certiorari . 4 . Any appcal review stays all work on the Premises and all proceedings including a request for a Building Permit, certificate of completion or occupational license . 3 SECTION 2 . REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3 . SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4 . EFFECTIVE DATE. This Ordinance shall take effect on the 15th day of October , 1994 . PASSED and ADOPTED this 5th day of. October , 1994 . /r ATTEST: _....0111111k MAYOR IAMAA CITY CLERK SWS:scf:disk7\plbd-17b.ord 1st reading 9/22/94 2nd reading 10/5/94 FORM APPROVED LEGAL DEPT. By �G Date 5-WS q-a?-yAt 4 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 7q i'q TO: Mayor Seymour Gelber and DATE: October 5, 1994 Members of the City Commission FROM: Roger M. Canto f i City Manager SUBJECT: SECOND READING - AMENDMENT TO ZONING ORDINANCE NO. 89- 2665 TO SECTION 17-4 ENTITLED, "CONDITIONAL USE PROCEDURES" BY REVISING THE PROCEDURES FOR APPEALS OF CONDITIONAL USE DECISIONS OF THE PLANNING BOARD. RECOMMENDATION The City Administration recommends adopting on second reading the Planning Board's alternate version of the proposed amendment to Zoning Ordinance 89-2665. The proposed change would amend Section 17, entitled "Planning Board" , by amending Subsection 17-4, entitled "Conditional Use Procedures" by providing that decisions of the Planning Board granting or denying conditional uses would no longer be appealed to the City Commission, but to the Circuit Court. BACKGROUND Currently, Section 17-4 of the City's Zoning Ordinance provides that decisions of the Planning Board granting or denying Conditional Use Approval may be appealed to the City Commission. The appeals may be brought by the applicant, the City Manager or an owner of property located within 375 feet of the subject property. The City Commission has recently expressed the opinion that appeals of decisions of planning, design or historic preservation related boards should be uniformly heard by independent Special Masters who have knowledge and experience in these related areas. On May 4, 1994 the City Commission amended the Historic Preservation Ordinance to provide for appeals from decisions of the Historic Preservation Board and Joint Design Review/Historic Preservation Board to be heard by a Special Master appointed by the City Commission. The City Commission has also referred to the Planning Board another Zoning Ordinance amendment providing for Page 1 79 AGENDA ITEM - 3 -G DATE I0t '9(/ 9 appeals of a Design Review Board decision to also be heard by a Commission-appointed Special Master. On June 15, 1994 , the City Commission passed a resolution referring the proposed amendment to the City's Planning Board for consideration and recommendation. The amendment was drafted by the City Attorney's Office. The Planning Board held a public hearing on July 26, 1994 , and voted 5-0 to recommend approval of an alternate Ordinance with major changes to the proposed original amendment. The Planning Board' s alternate version of the amendment would provide that all appeals of decisions made by the Board, including Conditional Uses, would be to a court of competent jurisdiction, which is the current relief for appeal of a Planning Board Lot Split decision. The Board also recommended that the Miami Design Preservation League and the Dade Heritage Trust would have standing for appeals of Planning Board decisions that affect Historic properties. On September 22 , 1994, the City Commission voted 5-2 to adopt on first reading the Planning Board's alternate ordinance, as amended on the floor, to correct an omission relative to which parties have standing to appeal. ANALYSIS OF PLANNING BOARD ALTERNATE ORDINANCE The Planning Board version of the amendment would require that all decisions made by the Planning Board be appealed to Court. (Note: Lot split decisions are already appealed to the Courts. ) The court would then review the Planning Board hearing to determine if the Board: 1) provided procedural due process, 2) observed essential requirements of law, or 3) based its decision upon substantial, competent evidence. This version of the amendment would also add the Miami Design Preservation League and the Dade Heritage Trust to the list of appellants to a Conditional Use decision made by the Board. Currently Subsection 17-4G entitled "Conditional Use Procedures" , only lists the applicant, City Manager or an owner of property within 375 feet of the Site as the only appellants to a Conditional Use decision. CONCLUSION The Administration respects the opinion of the Planning Board on this issue and understands their rationale for recommending that Page 2 80 appeals of the Board' s decisions be made to a court of competent jurisdiction. We have concluded that the City Commission should adopt on second reading the Planning Board's alternate ordinance, as amended. DJG\MHF\DISK#7\1192CM1.94 Page 3 81 a) a) NA U 0 • W r—I Co N b�-aD q }� O1 r1 0 N �y •H •H I 0 +) 0 0 •r4 CTI Ca 'd bAri • G 0.1 0 O •H U az g • 0 N. z W N •-� •t H U co, C7 z a) H bD r1 • xz •H • O H cn •r1 p . A 0 b 0 • W a) 0 •r♦ • O ,4 Q) 4-J • a) u • • al a) • m • • o L 0 Cn V] 1O a1 bA N G I 0 0 •.-1 0'1 •rl 'C7 'L7 CO '0 a) • 0 u al • a) o