MADEIRA BEACH – Treasure Island attorney Ken Weiss and attorney Tim Weber of St. Petersburg have filed a pair of lawsuits in the 6th Judicial Circuit to overturn a city of Madeira Beach ordinance that allows development of the proposed Madeira Beach Town Center on Madeira Way.
Both lawsuits were filed March 16.
The first lawsuit, Linda C. Hein and Sam Baker vs. City of Madeira Beach, seeks a declaratory judgment, claiming the city’s rezoning for Madeira Beach Town Center and the development agreement are inconsistent with the city’s comprehensive plan.
In count two, the lawsuit alleges the city failed to comply with its PD zoning procedure. Specifically, it alleges the city failed to require a complete application, failed to approve a site plan prior to considering rezoning and failing to review the plans, drawings and schematics for the proposed development in detail.
The other lawsuit, William Gay vs. City of Madeira Beach, is requesting the court “quash” Ordinance 2017-01, which allows the Madeira Beach Town Center project to move forward.
The suit contends the city violated the law by not requiring a complete site plan, as required by city ordinances; and the city’s decision to approve Ordinance 2017-01 on Feb. 14 was “not supported by competent, substantial evidence to meet the requirements of a site plan or the design criteria required to be reviewed by the Board of (city) Commissioners.”
According to the lawsuit, among the items not submitted with the site plan were a drainage plan, land alteration plan, required buffer walls, lighting plan, proposed sign plans, a tree survey, a certified construction cost estimate and a proposed landscape plan that indicates species, locations and quantities; and a schematic design of proposed underwater irrigation.
In addition, the lawsuits seek an award to cover the plaintiffs’ costs.