As you may know, Development Associates’ development order application to build a shelter of up to 168 beds at the Bernwood site off Old 41 Road has been on hold since July 18, 2012 when the City’s outside legal counsel, Beverly Grady, opined that the moratorium on homeless shelters that went into effect on May 18, 2012 applies to this application.
It should be noted that BSAFE urged Council to enact the moratorium and without this action, the development order may have already been approved and the site already under construction.
The attorney for Development Associates, Neale Montgomery, submitted a response to the City’s request for additional information November 6, 2012. The attachments to submittal contain almost two reams of paper plus 9 DVD’s of City Council and Local Planning Agency (LPA) meetings. In her submittal she argues that the City is legally obligated to approve the application simply because Development Associates was promised by the City that it would accept
the Application.
BSAFE ‘s attorney has reviewed the submittal and is of the opinion that there is no new evidence to support the claim that the City is legally obligated to approve the Development Order. When Ms. Grady opined that the moratorium was applicable to this application, it was well documented that Development Associates was told several times by the City that it would accept the application. Documenting the number of times it was said and which forum, does not change the facts that Ms. Grady used as the basis to form her original legal opinion.
While we believe there is no reason for Council to be persuaded by this submittal, we must be prepared to act if Council reverses its position on this issue. BSAFE is still collecting and preserving resources to protect our neighborhood from the approval of an incompatible use on this site. Development Associates and its supporters are well funded by deep pockets in Naples, who are not part of our community. It is important to have enough resources on hand, to ensure that we protect our neighborhood from a Developer who is trying to manipulate the City for its own benefit.
Meanwhile, BSAFE members and other interested community residents have continued to participate in numerous City Council and Local Planning Agency (LPA) meetings to develop an operational ordinance for homeless shelters and to review uses of all non-residential properties to make sure that the proper regulations are in place to ensure compatibility with surrounding residential uses. City Attorney Audrey Vance informed us that the City is not scheduling anything on social services matters until January 16, 2013, when Ms. Grady will present her findings on the ordinances and estoppel issues at the City Council meeting. There may be limited opportunity for input on the ordinances at the December 13, 2013 LPA meeting. Please attend this meeting and check the City website for updates.
Your involvement and financial support are critical to BSAFE Bonita!
