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6/4/1975
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6/4/1975
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
06/04/1975
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1 <br />No such program for citizen's participation has ever been creat- <br />ed in connection with the joint planning program in this City <br />and County. <br />While this Association urged the creation of such a program <br />for citizen's participation early in 1973 consistent with your. <br />contract obligations under Chapter 163, we wonder what useful <br />purpose such a program could serve at this late date. On the <br />other hand, the contractual obligations are clear and, if not <br />met, can give rise to challenge by property owners, developers <br />and the like who may be dissatisfied with the land use assigned <br />to their property under any:plan that may be adopted. Recogni- <br />tion must also be given to the "termination" clauses in each <br />contract which empowers the DCA to terminate and recover <br />damages for breach of the contracts (subject to accountability <br />for disbursed 701 funds to HUD). <br />Further, in this connection, one must inquire into the <br />ultimate objective of each of the contracts in question. Clear- <br />ly, the objective of Chapter 163 is to attain adoption of a <br />comprehensive plan that controls land use through the vehicle <br />of the plan and zoning which is consistent with the plan.(This <br />does not mean that the zoning map will be identical to the plan; <br />only that it will be consistent with the plan. In other words <br />"medium density" on the plan may have three or more zoning cate- <br />gories.) The objective of the contracts must be the same, <br />otherwise, the expenditure of 701 and local funds would have <br />been for naught. <br />The foregoing is borne out by reference to other obligated <br />services under certain of the contracts. Thus, in the "second <br />phase" of this planning program contemplated by the contract <br />entered into on or about October 3, 1972, the contract requires, <br />at page 5, par. 6, the following service to be rendered: <br />"Zoning Review - Basic proposals of valid <br />zoning regulations are, that they be rea- <br />sonable, that they be comprehensive and <br />that they reflect a sound land use pattern <br />for land development. This will be a re- <br />view of the two new zoning regulations <br />recently adopted by the City and the County <br />(1970 and 1971) to determine what changes <br />should be made to carry out the land use <br />patterns and what changes are necessary to <br />promote implementing (the) objectives a.3 <br />proposals of the Comprehensive Development <br />-7- <br />401 <br />3 'VE <br />
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