HomeMy WebLinkAboutSubmittal-Miami 21 DocumentMIAMI 21
There are numerous reasons why the Miami 21 Plan is "a boondoggle".
First, look at the demographics of the Miami. 21 Plan, in comparison to the
boundaries of the City of Miami and all of its neighborhoods. Are any of the
demographics of the Miami 21 Plan inside the boundaries of other
City Plans, i.e. CRA Plans, Downtown Development Authority Plans,
Neighborhood Comprehensive Plans, Neighborhood Revitalization
Strategy Area Plans? Spot zoning demographics? Enterprise zones?, etc.
All existing and contemplated plans for the City of Miami need to be on the table.
Take time to draw the demographics of each of the aforementioned
Boundaries, including all boundaries for all existing CRAs and those
that have been "extended". What are the findings? Use different
Colors to represent the different boundaries to visually separate the
Different demographics for each "Plan". Are they the same? Or, are they
different? Which "Plans" are compatible and which are in non-compliance?
Which Plan has precedent over the others? Are these "plans" being partnered?
Determination is required to create a "future land use" map of the
City of Miami which identifies the "overlay zoning" attached to
Miami 21. Again, where will the overlay zoning occur? What
Neighborhoods will be impacted with Miami 21? This requires an
Official "Neighborhood Impact Statement" that allows all of the
Taxpayers and residents of the City of Miami to view how their
Individual properties (both residential and commercial) will be
Impacted, should Miami 21 be implemented. Will their properties
Remain in tact? Or, will the overlay zoning create an "eminent
domain" and eventually purge their properties to favor high-density
redevelopment under the disguise of "infill" and "smart growth"
urban planning?
Currently, the State of Florida governs the CRAB. The Federal Government
And the State of Florida provide entitlements for eligible property owners.
What are their entitlements and how would Miami 21 impact those entitlements?
This would include bond issues such as Building Better Communities, OCED
Funding, Grants, Foundations, public/private partnerships and other inter -
Local co -operations agreements connected to the CRAB. Is it the intent of
Miami 21 to financially layer the entitlements into the Miami 21 Plan to create
Incentives for developers?
Submitted into the public
record in connection with
.M. a, ;�'" J.
9 (7item SPA, SP.2 & SP.3
��� a ..
on 08-06-09
Priscilla A. Thompson
A study, together with a legal opinion would be a strong suggestion in order
to flush out the neighborhood revitalization strategy areas of the City of Miami
and look at entitlements and TIF Dollars that would be involved. If the CRAs
are "pat to sleep" and the County makes a determination to absorb the TIF
Dollars into its budget (value of approximately $50 Million), there would not be
Enough TIF Dollars to feed a broader development plan such as Miami 21. A
Findings would have to include the TIF boundaries attached to the Miami 21
Boundaries or the "overlay zoning boundaries". If Miami 21 absorbed the
entitlement funds, the neighborhood revitalization strategy areas could not prosper.
Looking at the Miami 21 Plan, it appears that taxpayer Dollars would be going
To feed the infrastructure for Miami 21 as an incentive for redevelopment projects.
This, again, appears to be illegal contract zoning, since the commissioners of the
City are to guard the taxpayers assets and not barter away the concurrency, as
an example, to benefit the developers of Miami 21. What about liabilities?
Another major "boondoggle" with Miami 21 is that currently, it does not recognize
Affordable housing and, if you read the plan, you will note that the City of Miami,
Is going to make a determination of exactly what "affordable" means. This is a
negative impact for very low to high moderate income families whose homes and
businesses are scattered throughout the City of Miami. If there is no affordable
housing component with Miami 21, then the City is not recognizing the US HUD
entitlements belonging to the taxpayers who require subsidies to protect them
from code violations, liens and foreclosures. If they are not able to access their
Dollars inside the boundaries of the Miami 21 Plan, then their properties would
Very well have an "em►inent domain" impact, while their subsidies spin off to
Public work projects and other stimulus leveraging that does not include current
Taxpayers. This is again, exclusionary planning. The City could be in non-
compliance with the State planning components, as it has in the past. Who is
Guarding the gate in Tallahassee relative to comprehensive plans and enforcement?
Would Miami 21 force your neighborhood comprehensive plan out of compliance?
Miami 21 will have a booster for the taxes of the City of Miami. However, it will
Cause the taxes to rise on properties that require stabilization and sustainability,
Such as affordable housing and commercial properties supporting the City of
Miami workforce. Both the City of Miami and the County, have had
administrative difficulties with the Department of Community Affairs in
Tallahassee. The urban design was to allow affordable housing to be built near
The Metrorail, in order to provide appropriate transportation to the workforce
Of the City of Miami.
Submitted into the public
record in connection with
item SP._1
, SP.2 & SP.3
on 08-06-09
Priscilla A. "rhompson
According to the Department of Community Affairs in Tallahassee, the density of
the new affordable housing developments was to be at the highest allowable levels at
the metro -rail and then decrease throughout the City of Miami, so you would not
have a 70 story building next to a 5 story building. The City of Miami has current
problems with "spot zoning. Where is the master plan for the City of Miami to
guarantee the number of affordable housing units? According to Federal law,
a City cannot push its responsibility with affordable housing on to another City.
For instance, the City of Miami could not create a financial situation with its
Housing costs whereby the low to high moderate income residents could not
Find safe, decent and affordable housing. Thus the importance for not only
An affordable housing plan, but also a full inventory and accounting of affordable
housing stock throughout the City of Miami.
Otherwise, the City of Miami could be depleting its affordable housing stock,
Allowing vacant lots to be parceled for the benefit of a higher priced housing
Stock envisioned in Miami 21 that does not currently include affordable housing.
Miami 21 will increase "spot zoning" and this will create a greater
danger to the residents of Miami during hurricanes and other disasters. Did we
not learn from prior hurricanes that hit the financial district of the City of Miami
how the glass and debris rains down on lower density properties? Why would
you want Miami 21 to increase density with no service components to assist those
requiring assistance in emergency situations? Miami 21 will absorb too much
service capacity and increase the LOS levels to such an extreme that the City
of Miami will have to compromise its service to existing taxpayers. This would
open the flood gates to insurance companies seeking compensation for perhaps
negligent or derelict planning that did not provide appropriate protections to
property owners and their safety. This could also cause a rise in insurance rates.
It could also put the Firemen and Policemen in harms way during hurricanes.
Miami 21 would amount to a "boondoggle" of a plan for the foregoing reasons:
(1) May conflict with the neighborhood comprehensive plan and other plans
(2) Will create illegal contract zoning bartering away taxpayer assets
(3) No service capacity of the City to support Miami 21 (EAR Plan)
(4) Conflicts with other City plans such as CRAs, comprehensive plans
(5) Entitlement issues which could exclude current taxpayers
(6) "Spot zoning" issues would create a legal challenge for taxpayers
(7) Amendment 4 would not be exercised to benefit Taxpayers
(8) Exclusionary zoning with no affordable housing for Miami 21
(9) Financial components of Miami 21 conflict with CRAB Plans et al.
(10) Absorption rate and vacancy ratio do not allow a Miami 21
Submitted into the public
record in connection with
item SPA, SP.2 & SP.3
on 08-06-09
Priscilla A. Thompson
8/4/3009 http://www.dailybusinessreview.c...
�Development
Mayor calls on commission to discuss contentious Miami 21
nalast ditch effort holeave his mark onthe city, term -limited Miami
Mayor Manny Diaz inpushing the commission |oact onhis proposed
sweeping overhaul of Miami's zoning code, which continues to be a
magnet for controversy.
Diazopentyears onthe Miami 21rewrite ofthe city's decades -old zoning
code, only bowatch dsputter. Both critics and supportemwere surprised
when, with just months left inoffice, hmcalled acommission meeting for
Thumdaytodiscuss Miami 21
Opponents ofthe plan are fuminOthe mayor would call ameeting ho
discuss Miami 21 inAugust --atime when many vacationing residents
are out of town.
Comm hmoionem'bycity charter, don't typically meet inAugust, But with city
elections set for November, Diaz has I ittle time left for any in itiatives.
"This is an underhanded move by the administration," said neighborhood activist Grace Solares. "They
don't want to have public input into anything they do with respect to Miami 21. They know full well that
there are olot ofpeople who left town onvanahon.^
She said many opponents won't have an opportunity to air their concerns Thursday.
Miami 21 would change density, setback, and height rules; give the city's planning director much more
control over the perm itting process, and potentially increase developers' im pact fees.
The code, which has been in the works for four years, has been on hold s ince January, when the city's
Planning Advisory Board endorsed it. The proposal must be reviewed bythe City Commission a second
time before efinal vote for approval ioscheduled.
"I am stunned, absolutely stunned that theywould schedule this in August," land -use attorney Carter
McDowell said. The 8i|zinSumbergBaena Price & Axelrod partner represents clema|npemwho oppose
Miami 21.
Diazdid not return several messages seeking comment. "Government keeps working through August. We
don't see it as inappropriate to hold a meeting that has been properly advertised," said Helena Poleo, a
apokeowomanfor the mayor.
The schedu|ingofthe hmtread ingduringAug uatoou|dcal intoquoohoniamueuofkanspananoyand
pub|icengmgwment.saidJonathan West, profe000rofPub|ioAdminiobadonadthe UnivemityofK0emi
It "has a negative impact on public trust and on public acceptance of governmental actions" he said. "The
|egitimaryofadecision, sometimes, can bequeadoned.^
Web Extra:
Diaz'amove even surprised his allies, including City Commission chairman Joe
Sanchez, who had scheduled anemergency budget workshop for Thumdayhm
explore how horeduce oprojected $118million shortfall innext years budget.
Man0 21
Sanchez urged the mayor to cancel the Miami 21 meeting, saying city leaders had
bigger issues todeal with.
Submitted into the public
dai|ybusinessreview.com/newm.hL.. record inconnection with
item
on 08-0K6-09
Priscilla A.Thompson
1/4
8/4/2009 http:Hwww.dailybusinessreview.c...
'Hundreds of people have contacted my office about the dire financial situation our city is in," Sanchez said
in a July 27 memo to Diaz "Not one person has contacted me pushing to get Miami 21 adopted before the
mayor's term wpires."
Sanchez, who imrunning for mayor, postponed the workshop.
"The vote regarding Miami21will not distract staff away8omworking onthe city budget," Diaz said ina
Ju|y27 statement.
Opponents' concerns
Amide from the hearing schedule, neighborhood activists, as well as developers, worrythe new code will
give the cih/mplanning director unprecedented power,
Currently, the commission and uehous city departments and officials all have ahand inoverseeing the
design, character, specific uses, occupancy and com patibility of projects.
The planning director should have tuwork under strict guidelines, McDowell said,
'The planning director imbeing given amuchwider discretion tomay'yea'o,'no'because [the director]
likes something ordoesn't like it^McDowell said.
McDowell said Miami 21lacks sufficient guidelines, making the cityvulnerable to lawsuits from developers
and residents.
"Imagine the chaos created ifMiami 21imadopted and two years later |sfound tobeinma|id.^said
McDowell, adding that permits granted under Miami 21would become void.
Thommoonasrneonaunfounded.maidP|anningDinenborAna8e|abart-Senchec
Under Miami 21, "The City Commission continues to have ultimate decision-making powers," she said,
adding that "the criteria in which the planning director bases his/her recommendation is clearly spelled
out."
Aneighbor's fight
For almost four years, Hadley Williams and other members of the group Miami Neighborhoods United
unsuccessfully pushed city planners bmlower Miami21's proposed height limits for buildings near
residential neighborhoods.
"Our comments have fallen on deaf ears," said Williams, who saw a high-rise condo go up near his home
and along Southwest 27thAvenue between Coral Way and U.S.1during arecent housing boom.
Ge|mbert said Miami 21 provides a transitional height between residential and high-rise areas.
'Miami 21 reflects many of the wishes of the public, such as neighborhood conservation, transitions to
avoid out ofscale buildings, and height restrictions -- particularly when nexitoesingle hannily
neighborhood."
Critics saythe code favors developers by limiting public input during the permitting process,
^Y0iomi21 has stripped away olot ofthose public hearings and allows the planning director agreat deal of
euthority.^Williams said.
Gelabert s aid "each proces s [will] req u i re s ign ificant public notice and opportunity for participation
Buying development rights
Architects also have concerns. They say Miarn i 21 will lim it their creativity and ham per their abilityto des ign
innovative buildings. The Miami chapter mfthe American Institute ofArchitects opposes the code.
go
dalybu
Miami architect Dean Lewis discussed his concerns with city planners. He said theytold him height,
setback and other waivers would still boavailable,
But thatwou|d bean uncertain process, hesaid, and waivers would bo"granted otthediscretion ofthe
planning director."
Lewis also said Miami 21 will bo|otorthecih/a income more than help developers. The code would
reduce densityfor dozens of vacant parcels citywide. Yet, owners could get permitted density increased by
paying into apublic benefit fund, according toMiami 21.
McDowell says a client that owns a Brickell Avenue parcel would be limited by Miami 21 in the amount of
space hocould build,
Underthe current code, McDowell's clientwould have to paythe cityclose to $9 million in fees to be able to
develop the site, according to McDowell. Under Miami 21, he would paynearly$27 million in fees plus the
cost of buying back development rights, or buildable space, McDowell said.
ABreath of ReshAir?
Miami's current zoning code is outdated and flawed, said Mliam i historian Arva Parks, past chair of the
city's Planning Advisory Board.
Developers can now obtain spot land -use changes, often resulting in projects incompatible with the
neighborhood, said Parks, whose term on the board expired earlier this year.
Miami 21would give the Planning Advisory Board more power and she welcomes that. The board would
bemerged with the Zoning Hearing Board and its recommendations would have hnboappealed iothe City
Commission to be changed. The planning board now onlyadvises the commission, and commissioners
often ignore its advice.
"It became veryapparentto me thatthis advisory business was a sham," she said. "Now, [developers]
don't have to file an appeal, theyjust have to lobby. Under Miami 21, itwill become a much more
transparent process."
Paola /uope-Abbottoanbureached at/3O5l347-6057.
Your Name:
Comments:
Type your comment here.
[ Submit This Form [ Clear Form ]
Search the arc�-Ove for more stories.
Submitted into the public
dailybusinessreview.com/news.ht... record inconnection with 3/4
item
on 08-06-09
Priscilla A.Thompson