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HomeMy WebLinkAboutSubmittal-Meena Jagamath-Request for Intervener Status for Magic City SAPSubmitted into the public record for ite s) 1.411L_ on 11 ity Clerh November 13, 2018 Miami City Commission 3500 Pan American Drive Miami, FL 33133 Re: Amended Request for Intervenor Status for November 15, 2018 Hearing on Magic City SAP Dear City of Miami Commissioners: Family Action Network Movement (FANM)1 and LIBRERI MAPOU2 submit the following letter requesting intervenor status pursuant to Sec. 7.1.4.3 of the Miami 21 Zoning Code in the quasi- judicial proceedings related to the Magic City Innovation District Special Area Plan ("Magic City SAP") application presented by MCD Miami, LLC ("Developer"). The first reading on the application is on the City of Miami Commission Planning and Zoning agenda for November 15, 2018 as PZ 1 and PZ 2. Both FANM and LIBRERI MAPOU have legally cognizable interests that stand to be adversely affected in numerous ways by the massive development coming to the neighborhood, in particular, the Magic City SAP. Intervenor status is the proper vehicle by which they can make their concerns heard at the hearing in an organized, coherent manner. Impact of the project on the surrounding Little Haiti Neighborhood While the Developer will present a list of the groups they have met with, they have flatly refused to meet with the community as a whole. From the neighborhood associations to Little Haiti community groups, we have been dismayed at the lack of transparency in how this project has been shaped. It is not enough to meet with individuals or groups outside of the view of the general public. A project of this scale should be the product of concerted feedback from and consultation with the communities that stand to be most impacted. This has not been the case here. Presumably, the series of steps in the SAP approval process under Miami 21 should provide multiple opportunities for community engagement as a collective around how to mitigate the impact of projects like the Magic City SAP. However, in this case, two hearings that normally take place on separate dates and are separate parts of the approval process3 were collapsed into one day, Family Action Network Movement, Inc. (FANM) is a Florida Not -For -Profit corporation located at 100 NE 84th Street in Little Haiti. FANM has a long-standing commitment to meeting the needs of low to moderate -income families and children since 1991 through counseling, wrap around services, access to health care, community outreach/ education, job training/economic development, financial literacy, organizing & advocacy services. Z Located at 5921 NE 2nd Avenue, Miami, FL 33137, with Jean Marie (Jean Mapou) and Rita Denis as property owners of record. Jean Mapou is a member of the Concerned Leaders of Little Haiti and the property owner of multiple lots in Little Haiti, including another parcel of land across the street at 5920 NE 2nd Avenue. 3 On July 18, 2018, the Magic City SAP was on the agenda for both the Urban Design Review Board (UDRB) and the Planning and Zoning Appeals Board. It was the same day as a City of Miami Commission special hearing on the Miami FC stadium, and thus the UDRB hearing had to be moved into a cramped room in the back. Almost no one from the public attended as a result, and one of the UDRB members noted their absence even though we noted the difficulty of mobilizing the community to attend both meetings in one day. See: https://www.miamiherald.com/latest-news/article2 3459079.html © 2018 BY FANM, INC. fanm.org I frontdesk a.fanm.orq ( 100 NE 84th Street, Second Floor Miami, FL 33138 kii" 3‘,r1nI\'\ \ \\At \k Q — c \g\\e( a�u a U'lli �qvt� vQr�Qr r �1G�,� (,���� S� Slibrnittrj ;nto the pliblic record irr ite s) on 1\ / 1 5 ity CierK frustrating the spirit of the process and arguably, the due process of those who will be impacted by a project like this. A proposed mixed -use development of this size, as presently configured, will significantly alter the landscape, land uses, density, affordability, demographics and cultural heritage of not just the immediate surroundings of the SAP area, but the whole neighborhood of Little Haiti as defined by the census trace, and particularly the neighborhood within the City of Miami -designated bounds of Little Haiti.5 As we have seen occur in Little Havana and other neighborhoods in Miami6, the nature and scale of this project will generate upward economic pressure on rental rates and land prices across the Little Haiti neighborhood that will make it difficult for long-time residents to remain, for existing small businesses to thrive, and for housing affordable to low to moderate income residents to continue to be available in the neighborhood. Moreover, the tremendous size of the project is cause for concern with respect to the potential environmental impact of the development, which has not been adequately assessed.? As explained further below, many members of FANM and the clients of LIBRERI MAPOU are either property owners or tenants (both residential and commercial) in the immediate vicinity of the project. They have lived or had their businesses there for years - possibly decades — and have been the cornerstones of the Little Haiti community. They believe, correctly, that property values will increase significantly in the area around the project. They believe, correctly, that their rents will either be raised to unaffordable levels or that they will be summarily evicted. In addition, the size of the project will lead to increased density, noise and traffic. They believe that the project and its Development Agreement makes no attempt to ameliorate, or even analyze, these secondary impacts.8 The neighborhood is already shifting. FANM has already had to support members who were small business owners facing displacement. Other tenant members within the neighborhood were served with eviction notices from their substandard building and were unable to find housing in Little Haiti, forcing them to move to North Miami and North Miami Beach.9 Similar to West Coconut Grove, crumbling housing stock in a neighborhood where property values are dramatically rising is creating an incentive for neglectful landlords to move out their tenants and allow their properties to fall into disrepair in order to sell the property off at higher rates.10 Members of the Little Haiti community have had to bury artist and community leader Joseph Daleus in late 2017,11 who signaled an oncoming crisis in Little Haiti as he was pushed out of his gallery space in 2015.12 https://statisticalatlas.com/neighborhood/Florida/Miami/Little-Haiti/Population https://www.miamiherald.com/news/local/community/miami-dade/article80151417.html e https://www.miamiherald.com/news/local/community/miami-dade/little-havana/article168110927.html ' This project is an example of the many developments cropping up along the FEC coastal ridge, which is on higher ground. Developer's primary argument for resiliency is that it is on this higher ground. Neighborhoods like Little Haiti and Liberty City are at risk if this is the sole argument about how this project meets resiliency requirements, as resiliency should incorporate concepts of housing security and availability of higher quality housing to those most vulnerable to climate change impacts like hurricanes. See: https://www.theroot.com/color-of-climate-is-climate- change-gentrifying-miami-s-1797516942 " These deficiencies are fleshed out in a related submission entitled "Statement of Objections and Evidence on the Magic City Innovation District Special Area Plan. Nadege Green, "Cheap Apartments Are Disappearing from Little Haiti," WLRN, July 25, 2018, http://www.wlm.org/post/cheap-apartments- are-disappearing-little-haiti. 'Jessica Lipscomb, "Miami Sues Coconut Grove Landlords for Renting Moldy, Sewage -Filled Apartments," Miami New Times, August 22, 2016, https://www.miaminewtimes.com/news/miami-sues-coconut-grove-landlords-for-renting-moldy-sewage-filled-apartments-8699775. https://www.miamiherald.com/news/nation-world/world/americas/haiti/article 189551389.html 12 https://www.miamiherald.com/news/local/community/miami-dade/article47835450.html © 2018 BY FANM, INC. fanm.org I frontdesk(c�fanm.orq 1100 NE 84th Street, Second Floor Miami, FL 33138 Suhmitfco into the pudic record fig ite (s) on 1\ Ci FANM and LIBRERI MAPOU are entitled to Intervenor Status FANM and LIBRERI MAPOU are entitled to intervenor status. According to the definition in Sec 7.1.4.3(d) of Miami 21, "Intervenor shall mean a person whose interests in the proceeding are adversely affected in a manner greater than those of the general public." In Renard v. Miami -Dade County, in which the Florida Supreme Court established the prevailing tests for standing in zoning - related challenges, the Court defined an "aggrieved or adversely affected person having standing to sue [as] a person who has a legally recognizable interest which is or will be affected by the action of the zoning authority in question." Renard v. Dade County, 261 So. 2d 832, 837 (Fla. 1972). The Court then provided a non -exhaustive list of factors that may be considered in determining the sufficiency of the party's interest for the purpose of conferring standing, including the proximity of his property to the property to be zoned or rezoned, the character of the neighborhood, including the existence of common restrictive covenants and set -back requirements, and the type of change proposed are considerations. The fact that a person is among those entitled to receive notice under the zoning ordinance is a factor to be considered on the question of standing to challenge the proposed zoning action. Id. It noted, however, that location within the notice area was not determinative of the question of who has standing. Id. FANM and LIBRERI MAPOU meet these requirements. Entities Requesting Intervenor Status FANM: A social services organization located in Little Haiti, FANM is dedicated to meeting the needs of low to moderate -income families and children since 1991 through counseling, wrap around services, organizing and many more services. Since multiple Special Area Plan (SAP) applications have been filed or proposed in a small section of the Little Haiti neighborhood, FANM has been deeply affected as an organization, as have its members who live as residents or property owners in Little Haiti in the immediate vicinity of the Magic City SAP project.13 As demonstrated above, the Little Haiti neighborhood stands to be dramatically changed by this project in terms of demographics, culture and physical landscape. With its members residing or doing business in Little Haiti facing displacement due to rent increases, business closures and other hardships brought on by the economic pressures exerted by large scale development, FANM will have to continue to expend scarce organizational resources in serving members' mounting needs while also engaging at the systemic level in the time-consuming and complex land use and zoning processes associated with SAPs and other developments. Furthermore, FANM itself risks losing its own home in a neighborhood it helped build, as its members leave the neighborhood and experience difficulty traveling to the FANM office: if there are fewer and fewer people who can access its services, FANM may have to expend additional resources to attend to the needs of its members, or be forced to move somewhere more geographically proximate to its members. This would be tragic. LIBRERI MAPOU: A Haitian bookstore located within the notice area of the project, just 3 blocks " A list of names and addresses of affected members will be furnished at the hearing. © 2018 BY FANM, INC. fanm.org I frontdesk(a?fanm.orq 1100 NE 84th Street, Second Floor Miami, FL 33138 Ci.rk Submitted into the pubi record, fppr ite (s) - on _�111v�' City L1 e1K from the SAP Area on NE 2nd Avenue.14 Its geographic proximity to the project makes it such that it will immediately and directly experience the impacts the project will have as to traffic, noise, pollution, obstruction of view or light, land use changes and any environmental impacts. The number of Liquor permits and the ability for the alcoholic beverage establishments to stay open until 3 or 5 A.M. is of particular concern. As FANM and LIBRERI MAPOU have definite interests that exceed those of the general public, they should be recognized as qualified intervenors for the sake of protecting their interests in the quasi-judicial proceedings related to MCD Miami, LLC's SAP application. This would allow for a more robust, well -organized presentation of concerns from the community members whom these organizations represent. Thank you for your consideration of this request. Sincerely, een� agannath Attorney on behalf of: Marleine Bastien Executive Director FAMILY ACTION NETWORK MOVEMENT Jean (Mapou) Denis Owner LIBRERI MAPOU "Address 5919 NE 2nd Avenue, Miami, FI. 33138. © 2018 BY FANM, INC. fanm.org I frontdesk(a�fanm.ord 1100 NE 84th Street, Second Floor Miami, FL 33138 Submitted into the public record f9r itep(s) , 7..tt, on / 14) / p. . Ci?y Clerk Non -exhaustive, sample list of FANM members that stand to be impacted by the Magic City Innovation District SAP Application Joel Oliver Diaper Company 595 NW 54th Street Miami FL 33127 Rep. Genna Cohen Harry Germeus G's Liquor Store 71 NW 54th Street Miami Fl. 33127 Mme. Clement Rouseau Food Business in Little Haiti Caribbean 212 NE 59 Street Miami Fl Janine Desir 8433 NE 2nd Ave. Miami, Fl Bernarde Bazile 5629 NE 2nd Ave. Miami Fl Belene Rouzard Mamie Restaurant 91 NE 59th Street Miami FL 33137