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HomeMy WebLinkAboutSubmittal-David Winker-PowerPoint Presentation on ObjectionsSubmitted into the public record for item(s) PZ.6 and PZ.7, on 05-27-2021, City Clerk STATEMENT OF OBJECTIONS City of Miami Commission May 27, 2021 Meeting PZ Items 6 & 7 Second Reading DAVID J. WINKER, P.A. GiI1.�i1lE:wiff dwinker@dwrlc.com 7226 7232-Submittal-David Winker-PowerPoint Presentation on Objections Submitted into the public AERIAL record for item(s) PZ.6 and PZ.7, ePlan ID: PZ-18-337 on 05-27-2021, City Clerk COMPREHENSIVE PLANNING AMENDMENT N ADDRESSES: 3227, 3247, 3257, AND 3277 CHARLES AV AND 3256 AND 3270 WILLIAM AV 4 . signed opposition Stirrup owned 0 125 250 500 'Feet 0 Non residential Subject Property Developer managed Spot Zoning Submitted into the public record for item(s) PZ.6 and PZ.7, on 05-27-2021, City Clerk Process has been marred by procedural irregularities and contradictions, ultimately resulting in a project that is nothing but "spot zoning" that is inconsistent with the legal requirements of the Miami 21 zoning code and the comprehensive plan Alvey v. City of North Miami Beach, 306 So. 2d 671 73-74 (Fla. 3d DCA 2016) "[T]hose who own property and live in a residential area have a legitimate and protectable interest in the preservation of the character of their neighborhood.... Zoning ordinances are enacted to protect citizens from losing their economic investment or the comfort and enjoyment of their homes by the encroachment of commercial development...." Submitted into the public record for item(s) PZ.6 and PZ.7, on 05-27-2021, City Clerk INCONSISTENCIES WITH COMPREHENSIVE PLAN & MIAMI 21 Miami 21 7.1.2.8(c)(2)(g) — "An analysis of the properties within a one-half mile radius of the subject property regarding the existing condition of the radius properties and the current zoning and Future Land Use designations of the radius properties. The analysis shall include photos of Building elevations of both sides of the street extending three hundred (300) feet beyond all boundaries of the site. An aerial photo of the site and the radius properties shall be included. The analysis shall explain why the zoning change is appropriate and why the existing zoning is inappropriate, in light of the intent of the Miami 21 Code and particularly in relation to effects on adjoining properties." Submitted into the public record for item(s) PZ.6 and PZ.7, on 05-27-2021, City Clerk Staff Analysis says non -compliant on traffic and community outreach Criteria 6 Policy TR•1,4.4- In an effort to better identify problems and select proper traffic calming solutions in residential neighborhoods to reduce traffic speeds and cut4hrough traffic, the City will encourage and promote more citizen and stakeholder involvement to build support for neighborhood traffic calming plans," Analysis 6 As of today's date, the Staff is not aware of any outreach to the community. Finding 6 The Comprehensive Plan Amendment application is not consistent with Policy TR-1 F4,4 Submitted into the public record for item(s) PZ.6 and PZ.7, on 05-27-2021, City Clerk Project out of character and scale with surrounding neighborhood • Project is not complementary to the existing residential character and scale of the neighborhood. • Instead, the proposed project seeks to transform the neighborhood in a way that is neither consistent with the comp plan nor compatible with neighborhood. the existing surrounding Submitted into the public record for item(s) PZ.6 and PZ.7, on 05-27-2021, City Clerk Applicant and Staff Analysis mischaracterize subject property as blighted "Vacant properties are among the most visible outward signs of a neighborhood's reversing fortunes. Properties that have turned from productive use to disuse can vary widely in size, shape, and former use. Therefore, vacant properties can be identified as a continual, problematic issue that contributes to overall community decline and disinvestment. One of the many ways that these problems manifest themselves is through the property owner's failure to maintain their property, such as uncut grass or shrubbery or the illegal dumping of litter and other solid wastes on vacant properties. Unfortunately, this becomes a vexing issue for both the property owner and the local neighborhood. Equally, this is also a financial liability for a municipality in terms of expending limited government resources, such as code enforcement and trash removal. This was exemplified when staff did their site visit of the Subject Properties. Staff noted the unkempt grass and overgrown shrubbery, please see the photographs:" Submitted into the public record for item(s) PZ.6 and PZ.7, on 05-27-2021, City Clerk "blight" here caused by owners of the Subject Property How can owners own properties should be able be allowed to and then to spot argue blight their that they zone the Subject Property from residential to commercial? Submitted into the public record for item(s) PZ.6 and PZ.7, on 05-27-2021, City Clerk Development fails to meet equity - related goals, policies and objectives • With respect to the City's housing goals, project falls woefully short. In a neighborhood where the existing median household income is below the city-wide average, this is unacceptable. • The project is thus inconsistent with MCNP Objectives LU-4.1, 4.20 4.3 on mixed income developments and affordable and attainable housing, as well as MCNP Goal HO-1 to "increase the supply of safe, affordable and sanitary housing for extremely low-, very low-, low- and moderate -income households." Submitted into the public record for item(s) PZ.6 and PZ.7, on 05-27-2021, City Clerk ADDITIONAL CONSIDERATIONS • Displacement It is well documented that new commercial developments contribute to deepening housing unaffordability. More research needs to be done on the potential for displacement of residents, and a displacement study should be conducted in this vulnerable neighborhood. Submitted into the public record for item(s) PZ.6 and PZ.7, on 05-27-2021, City Clerk Zoning & the Speculative Market • Real estate brokers are explicitly using the pending zoning change as a means to upsell properties to investors. • The properties listed for sale are not being marketed to homebuyers to live in, but to investors to develop, flip or rent out. • Applicant itself stands to make a fortune from the zoning change alone. This will impact land values all around the property. Submitted into the public record for item(s) PZ.6 and PZ.7, on 05-27-2021, City Clerk Environmental Concerns • The full costs and impacts of this project should be examined further through an environmental impact analysis. • A comparison of the aerial photographs of the current conditions and the proposed development of the property, most of the grass and pervious surface will be eliminated by construction of buildings and parking areas. This conversion would have costs. According to the report, in the Miami area, just an acre of trees or grass provide $487 and $223 of ecosystem services each year, respectively. This includes stormwater management, which is of critical importance in Miami. • The project will create local air pollution issues, due to increased congestion and traffic. Additional traffic means additional hazardous emissions such as carbon monoxide (CO), sulfur dioxide (SO2), nitrogen oxide (NOx), and particulate matter. • Tailpipe emissions measurably increase health costs for local residents. The emissions associated with all daily vehicle trips could generate nearly $200 in health -related costs, per mile driven. Id. at 9. • These costs need to be taken into consideration and mitigated against so that they are not externalized onto the City or residents. Submitted into the public record for item(s) PZ.6 and PZ.7, on 05-27-2021, City Clerk Climate Gentrification • "The City of Miami has declared a climate emergency, urging the State of Florida and the United States & government to declare a climate emergency, and requested regional collaboration on an immediate emergency mobilization effort to restore a safe climate." • There is a growing debate around the concern of climate gentrification in Miami, which sees climate change or sea level rise as an additional factor that figures into real estate decisions, and has raised questions about how to maintain equity and ability for people of all incomes to access and live on higher elevation sections of the city. Submitted into the public record for item(s) PZ.6 and PZ.7, on 05-27-2021, City Clerk Reliance on County Plan for Demolition/Redevelopment of Coconut Grove Playhouse • The Applicant relies upon the County plan for redevelopment of the Coconut Grove Playhouse, a plan which the City administration and Mayor vehemently opposes, and which is currently the subject of litigation. • The reliance by the Applicant on a plan which the City of Miami is vehemently fighting, and which will likely never come to fruition, is disingenuous. • The argument that a buffer is needed because of the unlikely event that a historic property may be developed in the future should be rejected. Submitted into the public record for item(s) PZ.6 and PZ.7, on 05-27-2021, City Clerk Approval would set bad precedent for other residential neighborhoods • The Applicant is arguing that a buffer is needed between the commercial development of the Grove and the residences of the West Village. • If this argument is accepted, it will set a precedent for all other areas of the City where residential homes abut commercial properties and result in further commercialization of much needed residential areas. • For example, the same argument could be made along US1 in Coconut Grove and Silver Bluff where huge stretches of residential homes abut commercial property. A developer could use this as precedent to argue that similar buffer upzoning is required throughout residential areas of the City. Submitted into the public record for item(s) PZ.6 and PZ.7, on 05-27-2021, City Clerk