Please help me. Did I see what I thought I saw? Specifically
did I see a mayor and Village Council voting on an ordinance that affects an
entire area, but apparently was noticed (or more correctly – mis-noticed) only
as a specific zoning / LPA matter affecting specifically listed properties and
not correctly listed as a reduction in vested property rights?
It appeared to get worse as I watched. It seemed that Mayor Cunningham and the remainder
of the Village Council did not know what they were voting on (well, 3 of the
remaining 4 – as Council Member David Singer did recognize and raise the issue of notice and legality, that the proceeding - not the decision - was improper)
– the density of this ordinance (again, that they had been ‘hard at work on for
over a year’) was greater than the prior DUV. Again, this was after more than a
year of ‘workshops’ and other meetings that involved ‘preliminary votes.’ Council Member Singer did tell me later on that he is in favor of the 2,500 cap, but that it must be put in place properly, as required by law.
Panic appeared to ensue and a reactionary and arbitrary cap
of 2,500 units appeared to be placed on this downtown area. This, seemingly,
without notice to all properties located within this downtown area or for the
general population of Palmetto Bay.
So before we get all excited and applaud this arbitrary
2,500 unit cap for the downtown (which may or not be a good thing, if properly
put in place), let’s consider whether this action is:
1. Likely to survive court challenge as there appears to be
improper notice – both to the public as well as the affected landowners.
2. Arbitrary, not based upon any evidence – yet another
“Palmer” litigation situation.
3. Legal – this appears to downzone properties without
giving them notice (government does have discretion in areas to make land use
decisions adverse to a property owner, but you have to at least give notice as
to the action).
4. Liable to create yet another Bert J Harris Act issue
(more on this in other areas, but think “LUXCOM”), and, finally (for now –
there are other issue that I could, but will not address at this time),
5. Does this action create a conflict between the Palmetto
Bay Zoning Code and Comprehensive Development Master Plan (CDMP)? – (but there
are workarounds).
My prediction? At best, I see a re-do or re-boot in the future, or, at worst case, yet more Bert J Harris Claims. And, this is if this hastily
and arbitrarily revised ordinance can even get the required review by the
State - It may not get transmitted to the State for review.
Moral should be (if there is one for this group): Anything
worth doing, is worth doing properly. As much as I wanted to watch and enjoy
college football, it is clear that we all need to keep a watchful eye on this
Mayor and Village Council. Has this
current Mayor and Village Council forgotten the hard lesson of arbitrarily
picking numbers out of the air (for populist approval) from the Palmer litigation fiasco?
Quote by Hunter S Thompson: “Anything worth doing, is worth doing right.”
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