24
MIAMI TODAY
TODAY’S NEWS
WEEK OF THURSDAY, DECEMBER 1, 2016
eed unclear so zoning change plan is frozen, Suarez says B S
D
Legislation can be crafted with the best intentions and excellent principles, but if those it seeks to help aren’t understanding or agreeing, as Miami City Commissioner Francis Suarez said he’s found with proposed increases for urban building lot sizes, he has to stand by his boss – the public. Mr. Suarez said this week he has deferred an ordinance before the commission several times that proposes revising the zoning code to amend lot areas eligible for development from 5,000 square feet in some cases to a minimum of 10,000 square feet. I’ve been opposed to it since Day One, he said, primarily because his constituents have voiced concerns. In over a year, Mr. Suarez told Miami Today, he’s not heard of one person who was once opposed to the legislation who is now in favor or even better understands the reasoning behind it. The Miami Planning, Zoning and Appeals Board recommended in September 2015 that the commission approve the amended standards for lot area and width minimums and maximums in the densest areas of the city. The legislation most recently came before the commission ov. 17 for a final vote but was deferred to Dec. . The preliminary vote passed in October 2015.
‘We don’t serve an abstract principle. My job is to check and make sure Mr. Garcia is doing his and that there’s a reconciliation between the legislation and the people it’s trying to help address.’
‘We made this as public as we could and requested questions. For this amendment, we received exactly one.... We are charged with providing reasonable, sound development.’
‘By preventing development on smaller lots, the only visible usage of such land comes in assembling for larger developments, the sort of projects that only larger and well-established companies can handle.’
Francis Suarez
Francisco Garcia
Carlos Fausto Miranda
Mr. Suarez said he’s met with Planning Director Francisco Garcia several times to discuss the proposed ordinance. He spoke of having tremendous respect for Mr. Garcia and his profession. That, he said, is why he’s deferred the legislation multiple times in the past year out of deference to
Mr. Garcia and to see it better explained. Mr. Garcia met with Miami Today on Monday and said the commission passed a resolution several months ago requiring that any future legislation to alter Miami 21 zoning and the city code must be publicized and placed on hold for
60 days to receive public comment. We made this as public as we could and requested questions, he said about the revised lot requirements. For this amendment, we received exactly one. However, Mr. Suarez said, irrespective of Mr. Garcia’s efforts, the message is not getting though. It’s quite possible the public is not aware of the new publicity requirements for changes to zoning, he said. Whatever the reason, Mr. Suarez said he does not necessarily disagree with Mr. Garcia but his constituents are voicing a lot of confusion and upset. We don’t serve an abstract principle, he said of the commission. My job is to check and make sure Mr. Garcia is doing his and that there’s a reconciliation between the legislation and the people it’s trying to help address. There are many reasons this amendment would be immensely damaging, said Carlos Fausto Miranda, not the least of which is curtailing the rights and efforts of small property and business owners to contribute to the building of their community. The president of Fausto Commercial, a commercial real estate brokerage, investment, and redevelopment firm headquartered in Little Havana, Mr. Miranda reached out to alert others about the ordinance a few months ago with a brief on what he sees as its dangers. It would have a shattering impact on the city, he warned, saying that the proposed amendment creates an unfair zoning code that benefits only the biggest developers. This measure massively increases the barriers to entry for development, he wrote. By preventing development on smaller lots, the only viable usage of such land comes in assembling for larger developments, the sorts of projects that only larger and well-established companies can handle. The ordinance would eliminate community-focused development, Mr. Miranda said in his brief, such that only the largest players would be able to participate. He said small property owners and entrepreneurs are engines for creative problemsolving, often being the best suited to tackle many of the social ills in
CITY OF MIAMI, FLORIDA NOTICE OF PUBLIC HEARING The Miami City Commission will hold a Public Hearing on Thursday, December 8, 2016 at 9:00 to onsi er the a ar o a ontra t to the non profit organi ation liste belo through Anti-Poverty grant funds from the Mayor’s share of the City of Miami’s Anti-Poverty Initiative Program. Year Up, Inc., provides a one year educational program to assist youth with higher education access and entry into professional careers; and to consider the City Manager’s re o en ations an fin ing that o petitive negotiation etho s are not pra ti able or advantageous regarding these issues: • Year Up, Inc. – To assist with their one year educational program. Inquiries regarding this notice may be addressed to Malissa Treviño, Project Manager for the fi e o Co unity nvest ent fi e o the City anager at 4 This a tion is being onsi ere pursuant to Se tion o the Co e o the City o ia i lori a as a en e the Co e The re o en ations an fin ings to be onsi ere in this atter are set orth in the propose resolution an in Co e Se tion hi h are deemed to be incorporated by reference herein and are available as with the regularly s he ule City Co ission eeting o Thurs ay e e ber at ia i City all Pan American Drive, Miami, Florida. The Miami City Commission requests all interested parties be present or represented at the meeting and may be heard with respect to any proposition before the City Commission in which the City Commission may take action. Should any person desire to appeal any decision of the City Commission with respect to any matter to be considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony an evi en e upon hi h any appeal ay be base S In accordance with the Americans with Disabilities Act of 1990, persons needing special aco o ations to parti ipate in this pro ee ing ay onta t the fi e o the City Cler at oi e no later than five business ays prior to the pro ee ing TT users ay all via lori a elay Servi e no later than five business ays prior to the proceeding.
Todd B. Hannon City Clerk
our society’s secondary neighborhoods. Sti ing them, Mr. Miranda said, is not only damaging to our communities, but is in direct contradiction to the principals on which this country was founded. Some of the greatest neighborhoods in the world – Manhattan’s Lower East Side, oLiTa, San Francisco and Venice, to name just a few – are composed of midsize to small lot, medium density, mixed-use buildings, Mr. Miranda said. By raising the lot sizes for development, you permit for the development of only larger, overbearing building typologies. This kills the interesting fine-grain urban fabric that gives these neighborhoods their personality. Mr. Garcia said Miami’s zoning regulations are designed to yield a predictable building pattern, but there’s a disconnection presently with transect zones’ intentions that cannot be achieved with small lots. The amendment will not destroy fine-grain neighborhoods, he said. We should not mandate that every building take the same height, shape. Rather, Mr. Garcia said, we are charged with providing reasonable, sound development. Mr. Miranda pointed out other objections to the amendment centered on a clear and secure development process for small-property owners. He said the current zoning code was implemented in 2009 to push principles of new urbanism into the community, but also to codify a simple and easily maneuverable zoning code and to increase the transparency of the process. This amendment directly defies that, Mr. Miranda said, setting up a system where small-property owners would be required to endure a judicial variance process, where they are at the whims of municipal authorities, faced with uncertainty and the temptation of officials to abuse the system to extract favors. Moreover, Mr. Miranda said, the amendment discourages investment in both a uent and poor areas alike, yet actually harms the revitalization efforts in some of our most challenging neighborhoods by making small sites undevelopable and adding much risk and uncertainty to the zoning process. othing will devalue the properties save misinformation, said Mr. Garcia. He pointed out that the zoning ordinance allows a nonconforming lot, shown on the latest recorded plat or prescribed by deed, to continue. If you have a substandard lot, you keep it and can develop by right at no cost and without the need for a special permit, Mr. Garcia said. Value often depends on what people believe something is worth, Mr. Suarez said. Also a real estate attorney, he said this legislation has created consternation and confusion and that property values can be based on perception. o one has a crystal ball and no one knows what will happen, Mr. Suarez said. Something that creates doubt in a prospective buyer’s mind can affect value. ot everyone is a planner or land use lawyer who understands the nuance of zoning, Mr. Suarez said. Sometimes you come in with the greatest intentions, but if the people you’re trying to help aren’t buying it, should we just plow through with it or educate them more?