The condominium project includes two 24-story towers and a 112-slip marina. The proposal now proceeds to the City Council for two separate hearings. The project was approved in 2004 but was halted by a successful court challenge initiated by the North Miami Beach Citizens Coalition.
The trial court and the Third District Court of Appeal found that the city's zoning code did not permit the use of submerged land in zoning calculations, which made it impossible to meet the maximum density of 32 units per acre. That part of the code has since been amended by the City Council.
To view the Third District decision and opinion on rehearing, click here.
The position taken by the City in the prior litigation was that the definition in the zoning code did not apply to PUDs--planned unit developments--which, by their nature as a flexible planning tool, allow for the City to create height, density and other limitations which apply only to the PUD. The PUD concept is a planning and zoning tool designed to promote creative use of a parcel and enhance compatibility with neighboring parcels by, for example, providing for additional setbacks and landscaping features in exchange for greater density of height of buildings situated in the interior of the center of the parcel, farther away from its interface with the surrounding neighborhoods.
This argument fell on deaf ears at the Third District. The easy solution was simply to clarify the zoning code to say what the City already understood it to mean, namely that the provision for measuring density which excludes subaquatic lands does not apply to PUDs. Without meaning any disrespect to the City of North Miami Beach--which may well have had a correct argument rejected by the courts--as Mel Brooks said, "It's good to be the king."
Representatives of the Coalition, and other groups which seek to limit building heights, urged planners to delay consideration of the project until voters can decide the issue in a referendum. They've gathered about 3,400 signatures in a second attempt to force a public vote; a similar initiative failed in 2004.
Another similar referendum initiative involving the same attorney failed in the City of Miami Springs earlier this year. Your faithful blogger was one of the attorneys involved in knocking out the referendum issue as unconstitutional before it was voted on. For more about the Miami Springs referendum issue, see our blog entry below dated January 27 of this year.
_______________________________________________________________________________
To be sure you're doing the most you can with your property consistent with applicable zoning and land use regulations, contact a Florida zoning or land use lawyer.
Daniel A. Weiss has over 25 years local government experience. Mr. Weiss represented the Miami-Dade County in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented both municipalities and people who do business with counties, municipalities and other local government agencies.
Mr. Weiss is designated one of Florida's Super Lawyers 2006 by the publication of the same name.
In Florida Trend magazine™'s Legal Elite's issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.
For a free consultation regarding your property, contact us.
Posts
