Laserfiche WebLink
to developers who either provide for certain public amenities on <br /> their site, such as beach access or open space, or who, at their <br /> option, make a cash contribution to certain "trust funds" <br /> established by the City to purportedly provide for these <br /> amenities . <br /> 25 . The portion , of the bonus provisions which allow for a <br /> developer to make a cash payment in consideration for additional <br /> floor area ratio are void as a matter of law to the extent that <br /> the value of the benefits conferred to the developer is so <br /> disproportionate to the payments received by the City that the <br /> process constitutes an illegal sale of the City' s police power <br /> and/or zoning rights . <br /> 26 . The bonus provisions, at the very minimum, contravene <br /> Article VII , Section 10, of the Florida Constitution, which <br /> prohibits a public entity' s pledge of credit for a private <br /> purpose . By failing to properly preserve beach access, they <br /> also contravene the "public trust" reposed in the City to <br /> protect beachfront property and to maximize public access to it . <br /> WHEREFORE, the plaintiffs request an order and judgment <br /> providing the following relief : <br /> a) A declaration that the "FAR bonus" provisions of the Land <br /> Development Regulations, as more particularly set forth <br /> above, are void as a matter of law; <br /> b) An injunction prohibiting development activity which relies <br /> upon these illegal bonuses and which effectively requires <br /> the disgorgement of these ill gotten development rights; <br /> 9 <br /> SHUBIN & BASS, IRA. <br />