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HomeMy WebLinkAboutM-81-0785George Knox, Jr., Terry Percy, Esq. Office of the City City of Miami Miami, Florida Joe 1 Apt. B 201 1901 Brickell Avenue �..... Miami, Florida 33129/ September 24, 1981 Esq. and Attorney Re: Proposed Ordinance --Second Item 1, Planning and Zoning September 242 1981, Formal Dear Mr. Knox and Mr. Percy: Reading--SPD-1 Central Island District Agenda City Commission Session I wish to make you aware of additional insufficiencies in the above referenced application which would preclude its being considered or approved today. Article XXX §2(3) of the Zoning Ordinance requires that "The application shall be accompanied by all pertinent information ... which may be required for proper consideration of the matter. . ." This would include the "study" of Brickell Place on which the Planning Department based its recommendation. The study was not included with the application, thus making the application invalid or incomplete. Article XXX §2(4) of the Zoning Ordinance requires that "All documents, reports, studies, exhibits, or other written or graphic materials, if any, to be used by the City in response to a zoning amendment, shall be part of the application file at least three (3) working days prior to the public hearing." The "study" which City allegedly used in considering this application was not made a part of the application file prior to the public hearing before the Planning Advisory Board or prior to the public hearing before the City Commission on June 25, 1981. In fact, that "study" was not made available to me until late July, 1981) and I believe that as of this date, it still has. not been made a part of the application file. Article XXX §50) of the Zoning Ordinance requires the Director of Administration for Planning and Zoning Boards to "transmit promptly to the Departments of Planning, Law, Building and Public Works all papers and supporting documents which relate to the proposal for amendment. . ." Since those papers and supporting documents were not a part of the application or file, it would not have been possible for him to comply with this requirement. Article XXX §10 (1) (b) requires that the report and recommendations of the Planning Advisory Board to show certain qualifications, including the need and justification for the proposed change, and how the proposed change relates to the purposes and objectives of the City's comprehensive plans. The report and recommendation of the PAB fails to comply with this section. All the above mentioned sections of the City Zoning 03+dinance are 1. K c � t i 1� Mr. Knox and Mr. Percy Wage Two 771 September 24, 1981 manditory in that they are couched in terms of "shall". Further, I was unfairly prejudiced in my evaluation and presentations before the PAB and City Commission because of the lack of the required information, and have made that complaint previously on the record. Also, because of the lack of the required information other members of the public, as well as the members of the PAB and 6ity Commission were prejudiced and unal*e to make informed decisions. For the above reasons, I believe the subject application for a zoning ordinance amendment is fatally defective, and xpust be removed from the agenda. — Sincerely, l JRNET LENORE COOPER lk� George Knox, Jr.,.Esq. City Attorney City of Miami Miami, Florida A Apt. B 2010 1901 Brickell Miami, Florida September 22, Re: Proposed Ordinance --Second Reading--SPD-1 Item 1, Planning and Zoning Agenda September 24, 1981 Formal City Commission Dear Mr. Knox: Central Island District Session I am most sorry to have to report that in spite of our discussion in the presence of Terry Percy in which you stated that there should be notice for ordinances on second reading, there is no*notice of the public hearing on the above referenced item. That is, no publication, no mailing, and no posting, notice was done. Therefore, I am forced to object once again to this item for lack of notice. In addition, pursuant to Article XXX, Section 13 of the Comprehensive Zoning Ordinance of Miami, Florida, this application must be deemed to have been denied. This is the case because a recommendation of the Planning Advisory Board has not been "legislatively decided within the ninety (90) days of the date of its receipt by the City Commission." The attached Inter -Office Memorandum dated Tray 8, 1981 from Gloria Fox to Howard Gary indicates when it was sent to the City Commission. Even excluding the entire month of August, as provided in the ordinance, more than 90 days have passed, therefore, the application must be deemed to be denied. Please note that this result is mandatory because of the manditory "shall" in the language. Also, as set forth in my letter of May 28, 1081, I object to this application being brought as a Planning Department Application since all the evidence indicates that the true applicant is a developer, Brickell Cay, Inc. The applicant should be identified, and required to follo,,r the prescribed procedure, which includes paying a 4300.00 fee and bringing the application to the Zoning Board in addition to the Planning li visory Board and the City Cc=ission. Thank you for your attention to this matter. Sincerely, t-®L� ANET LEIIORE COOFER P.S. On July 23, 1981, at the City Commission meeting from which this item was deferred (not continued), the attorney for Brickell Cay, Inc. stated for the record that in his opinion, the item would have to be deemed denied if it were not decided that night, and, of course, it was not decided that night. :.. � ..... _ - CITY OF MIAM1. FLORIDA INTER -OFFICE MEMORANDUM ;r I ffr TO. Howard Gary DATE: May 8, 1981Lt. City Manager SUBJECT- ORDINANCE AMENDMENT-SPO-1 DISTRICT ' COMMISSION AGENDA - May 28, 1981 PLANNING & ZONING ITEMS FROM Or d FOX REFERENCES: Assistant Director i Planning and Zoning Boards ENCLOSURES: Administration The Miami Planning Advisory Board, at its meeting of May 6, 1981, Item #5, following an advertised Hearing, adopted Resolutions No. PAB 25-81 by a 6 to 0 vote and PAB 26-81 by a 4 to 2 vote (2 members absent) RECOMMENDING APPROVAL of amendments to the Comprehensive Zoning Ordinance 6871 by modi- fying Subsection (3) of Section'7, and Subsection (1) of Section 13, ARTICLE XXI-3, SOD-1 CENTRAL ISLAND DISTRICT pertaining to Ground Level Pedestrian Open Space and Required Off -Street Parking for Residential De- velopment, as per the attached. One objection received in the mail, An ORDINANCE to provide for this Ordinance Amendment has been prepared by theCity torney's office and submitted for consideration of the City Commission. GF:cm cc: Law Department NOTE: Planning Department Recommendation:. APPROVAL.