HomeMy WebLinkAboutSubmittal-Grace Solares 1-4 , .
Dear Commissioners:
IT EM 6P ON
At -today's proceeding, the Commission should not entertain any
amendments to the Comprehensive Neighborhood Plan, nor any amendments to
Chapter 23 of Miami's Code (Historic Preservation). Opposition to having either
of these matters heard is based on the following:
1. There has been No Notice of a Special Meeting of the City Commission
to consider amending the Comprehensive Neighborhood Plan Amendment or to
consider amending Chapter 23 of the City's Code.
2. The proposed amendment to the Comprehensive Neighborhood Plan is
based on an application by someone who is not authorized to make such an
application, specifically, the City Manager; and
3. The City Commission can only conduct a public hearing to Amend the
Comprehensive Neighborhood Plan within 60 days of the PAB's public hearing.
I will address each of these points as follows:
1. The City Commission traditionally, and as recognized by the City Code,
does not meet in August. The Mayor, however, has called for a Special Meeting
of the City Commission only to address the first reading of the Miami 21
ordinance. In fact, the public notice in the Miami Herald states: "The purpose of
this meeting is to address the first reading of the Miami 21 Ordinance. No
other business shall be conducted outside of that indicated above." As you can
see, this Notice does not include either the Amendment to the Comprehensive
Neighborhood Plan, or the Amendments to Chapter 23 of the City Code.
Section 2-33(1) states in relevant part: "....No business shall be conducted
or a vote taken at a special city commission meeting on business other than
the subject(s) for which the special meeting is called." As you can clearly see
in the July 27, 2009 Miami Herald's Notice of the Special Meeting, the Notice is
limited to "the first reading of the Miami 21 Ordinance." Therefore, there has
been no special meeting called and no special meeting noticed for purposes of
amending the Comprehensive Neighborhood Plan or amending Chapter 23 of the
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Code. No matter how much the Mayor wants to dress up the notice for these two
other matters, by suggesting that they are "related" to Miami 21, they are not
Miami 21. Simply including either of these matters because you happen to beat
City Hall today, does not constitute the notice of Special Meeting for these
matters, and does not confer authority to consider or vote on these matters.
I must remind you that strict compliance with the Notice provision relating
to zoning, comprehensive plan and historic preservation matters is required by all
Florida courts. A discussion of the "strict compliance" standard with these
matters is contained in a Miami Federal District court decision. See, Neumont v.
Monroe County, 280 F. Supp. 2d 1367 (S.D. F1a..2003). Failure to satisfy the rule
of strict compliance will result in a judicial determination that any ordinance that
is passed in violation of the Notice requirement will be deemed "Void ab initio."
A declaratory judgment and injunctive relief may be sought if the Commission
fails to comply with the requirement discussed above.
2. The City Code is very specific with regard to the procedure to be
followed to amend the comprehensive plan. According to Chapter 62-31(b) of
the City Code, an application to amend the Comprehensive Neighborhood Plan
can only be made by: (1) city commission which may, by motion, direct the
planning, building and zoning department to prepare an amendment for
submission to the PAB...'' (2) the planning, building and zoning department; (3)
any other department or agency of the city; (4) the owner or agent or attorney of
the owner of property...." The City Manager is not included as an authorized
applicant; the city manager is not the planning, building or zoning_ department of
the city, the cit, manager is not a department oragency of the City. The City
Manager is an administrator. Moreover, Section 16 of the City Charter defines
his powers and duties. He has not been given the authority to be an applicant to
amend the Comprehensive Plan.
3. According to the City Code, Section 62-31(e) entitled "Procedures for
Amending the Comprehensive Plan," the City Commission must hold two
advertised public hearings to consider any amendment to the Comprehensive Plan.
The first public hearing "shall be held within 60 days of the PAB public
hearing." See, City Code Section 62-31(e). According to the legislative
package presented with today's agenda, the PAB public hearing was held on
Page 2 of 3
Submitted into the public
record in connection with
item Sp.l SP.2 & SP -3
on 08-06-09
Priscilla A. Thompson
January 7, 2009. Clearly, more than 60 days have elapsed since that PAB
hearing. Therefore, the City Commission would be violating City Code if it were
to entertain the amendments of the Comprehensive Neighborhood Plan after the
expiration of that 60 day period. Therefore, there is nothing for the Commission
to consider.
Miami Neighborhoods United requests that the Commission refuse to
entertain any amendments to the Comprehensive Neighborhood Plan, and further
requests that the Commission defer any consideration of amending Chapter 23
until either a regular commission meeting or a properly noticed Special
Commission meeting.
Respectfully,
Grace Solares
Miami Neighborhoods United
Page 3 of 3 --
Submitted into the public
record in connection with
item SPA, SP.2 & SP.3
on 08-06-09
Priscilla A. Thomoson