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
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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 .
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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
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AGENDA ITEM - 3 -G
DATE I0t '9(/
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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
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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
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