HomeMy WebLinkAboutSubmittal-Letter-Wendy Blair StephanWendy Blair Stephan
101 NE 43rd Street • Miami, FL 33137
Tel. (305) 573-8478
wstephan@2bellsouth.net
May 8, 2008
Honorable Cornrni ssioners
City of Miami
City Hall
4300 Pan American Drive
Miami, FL 33133
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Dear City of Miami Commissioners,
I am here today to strongly support the inclusion of the multiple suggestions being
made by Miami Neighborhoods United to the Miami Comprehensive Neighborhood Plan.
In studying the existing Plan, we have found it to be sorely lacking critical elements and
specific objectives. In particular I would like to emphasize the importance of including
the points on right to notice and public input in the Comprehens; ve Plan'. Other cities'
Master or Comp Plans have distinct Neighborhood Elements, which describe and
emphasize the importance of neighborhood preservation and collaborative planning.
Given my own neighborhood's terrible and ongoing struggle to receive timely and
accurate notice of projects proposed for our area, I can testify today that I believe this
step must be taken to protect residents' rights to be involved in local land use decisions.
The system is currently broken. In the course of Buena Vista East's recent lawsuit
against the City, which ended when the Judge determined that the high-rise at issue had
likely failed, Federal Court Judge Marcia Cooke commented,
"there is evidence that the Defendants' ithe City's] practices do
not conform with the ordinances as -written, in that the City does
notify some registered associations some of the time. There does
not appear to be a consistent notification process. Because of the
confusion and controversy this practice can cause, Defendants
should strive to reform their practice."2
' Policy LU-1.5.3: It shall be the policy of the City that notice of application for special permits,
or other such administrative land use or zoning peiniits provided for in future zoning and land use
regulations, shall be provided to any NET registered homeowners and neighborhood associations
fifteen days prior to issuance of the special permit, or other such administrative land use or
zoning permits provided for in future zoning and land use regulations, and promptly after
issuance of the decision, with explanation of appeal procedures, allowing sufficient time for such
appeals.
Policy LU-1.5.4: Notice of application requiring public hearings shall be provided to any NET
registered homeowner and neighborhood associations and to owners within a certain number of
feet as provided for in City Code.
2
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION
$ - no Ct- SUbY1,1 Leer^- UJe+ 2AG r Step112h,
In that same case, Assistant City Attorney Rafael Suarez -Rivas testified (and depositions
of Planning officials reflect) that the City has no written policies or procedures in place
for providing notice to the public. He further testified that Planning staff only provides
notice "if it is on the top of their minds when people call." This is not sound policy, and
creates a situation vulnerable to abuse. Not only does this haphazard situation have the
potential to silence the voices of residents and business owners who wish to oppose
offensive projects, failure of notification effectively eliminates Board and Commission
oversight of the Planning Department's issuance of Class II permits. And since, if
anything, Planning is seeking to relax the notice standards even further under Miami 21,
as the attached diagrams indicate, Miami Neighborhoods United feels strongly that we
need protections for these rights enshrined in the Comprehensive Plan once and for all.
Good planning is based on robust and regular public involvement and respect for the
diversity and history of the City's various communities. One -size -fits -all plans by
experts do not succeed. The current controversy about Miami 21 demonstrates the huge
costs of having no shared vision between planners and citizens. The core principles of
guaranteed right to public notice and appeal, and the protection of residential
neighborhoods need to be in the Miami Comprehensive Neighborhood Plan, our City's
constitution. If they are not, the City and residents will continue to be adversaries in a
costly and entirely unnecessary battle. I ask you, as our elected representatives, to
support these changes and thereby guarantee our voices (and yours) are heard on these
critical issues.
Sincerely,
Wendy Stephan
CASE NO. 07-20192-CIV COOKE/BROWN
Submitted into the public
record in connection with
item PZ.1 on 05-08-08
Priscilla A. Thompson
City Clerk
Current Process of Class II Permit Notice
Submitted into the public
record in connection with
item PZ.1 on 05-08-08
Priscilla A. Thompson
City Clerk
Notice of Application
Design may change, no time limit.
Notice of Approval
1-5 Day Appeal Period
If citizen pays $500.00 to file ap )eal...
Zoning Board
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Final Permit
Planning Department's Actual Practice
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Notice of Application
Design may change, no time limit.
tice of Approval
15 Day Appeal Period
If citizen pays $500.00 to file appeal...
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Zoning Board
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Final Permit
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Miami 21 Process for Land Use Notice
"FAILUI TO
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Notice of Application
Design may change, no time limit.
Notice of Approval
15 Day Appeal Period
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If citizen somehow receives notice anc pays
$500.00 to file appeal...
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Final Permit