Miami Commissioner Sarnoff on Jorge Perez's 3 Mercy Hospital Towers. by Geniusofdespair

This is Commissioner Sarnoff's Request to Mayor Manny Diaz asking him to Veto the Mercy Hospital Project:


April 27, 2007
Re: Grove Bay Residences
3663 South Miami Avenue

Dear Mayor Diaz:

Pursuant to the Commission Hearing of Thursday, April 26, 2007, District 2 would ask that you veto the City Commission’s 3-2 vote in favor of PZ Items No. 1 and 2 concerning 3663 South Miami Avenue [“Grove Bay Residences”]. As you are aware, PZ-1, a change to the Neighborhood Comprehensive Plan, pursuant to the record, this project would:

1. Act to harm the quality of life in the neighborhood.

2. Foster a decline in the surrounding neighborhood.

3. Promote a negative economic impact, reducing job opportunities.

4. Harm the City’s ability to foster downtown as a regional center.

5. Foster land use conflicts in Coconut Grove.

6. Harm our significant natural and coastal resources [diminishing in the City of Miami].

Further, I would ask that you veto PZ-2, a zoning change from GI to R4. Specifically, Zoning Ordinance Section 2210, requires the Commission to apply certain standards when considering a change of zoning request. Although the City of Miami staff concluded a zoning change was acceptable under certain conditions, it failed to address and demonstrate the required standards were met – as they could not be. The overwhelming competent and substantial testimony demonstrated that:

· The proposed change is not in harmony with the established land use pattern. There was no competent evidence showing that this proposal is in harmony with the neighborhood.

· The proposed change is not related to adjacent and nearby districts, and no evidence is in the record showing how it is.

· The change suggested is out of scale with the needs of the neighborhood and the city, and no competent evidence was presented to the contrary.

· The proposed change does not maintain the same or similar population density pattern and does increase and overtax the load on streets and on public facilities;

· The proposed change to multifamily high rise residential, by this application which allows more than 250 units units, will create an adverse impact on traffic both in the short term, during construction, and during the life of any multi family high rise residential development, due to traffic generated by the residents, visitors, and the myriad of service people required to support the dense development allowed under R-4 zoning. South Bayshore Drive is a designated scenic corridor, which cannot be widened or enhanced for traffic.

· This change will negatively affect public safety to a greater extent than the existing classification;

· The testimony from the uncompensated neighbors shows overwhelming concern over the negative impact on already congested streets in the immediate neighborhood.

· There are no changed or changing conditions which make the passage of the proposed change necessary (unless you consider the increasing value of our neighborhood shoreline). The change in zoning to R-4 – High Density Multi Family Residential - will establish a dangerous precedent for additional massive development in this single family neighborhood. It will create the “changing condition” which will be used to support the next application for a similar such use.

· The proposed change will not positively influence living conditions in the neighborhood, and in fact, will negatively influence quality of life and living conditions in the immediate neighborhood as well as throughout the Grove.

· The proposed change will have a negative impact on light and air to adjacent areas as the existing classification;

· The proposed change will have a negative impact on property values in the adjacent neighborhood;

· The proposed change will not contribute to the improvement or development of adjacent property.

· The proposed change does not convey the same treatment to the individual owner as to owners within the same classification and the immediate area and does not further the protection of the public welfare;

· There are absolutely no reasons why the use of this site is unfairly limited under existing zoning;

· It would not be difficult for the developer to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use.

Finally, I would strongly urge you to utilize your veto powers provided to the Mayor under our City Charter, failing in same, I urge you to veto PZ3 and instruct the Commission to come back with conditions to the MUSP, in the event you fail to exercise your veto power for PZ-1 and PZ-2, by demanding:

1. A green construction, LEED Gold Standard and nothing less.

2. A well lighted bay walk of a minimum of twenty-five feet (25-ft.), open to the public at all times.

3. A public bike path sidewalk on a wider road leading to the public bay walk from South Bayshore Drive, with signage located on South Bayshore Drive.

4. A public park of at least Ten Thousand square feet (10,000 sq.ft.).

5. Free public parking reasonably close to the park, in an amount to allow the free use of the park.

6. The Park, Bay Walk, Bike Path, Sidewalk, Signage and parking for park/bay walk users shall be completed and open to the public prior to the issuance of a certificate of occupancy for the first phase of the three building project.

7. The requirement of an off duty police officer to direct traffic along Bayshore Drive for construction vehicles.

8. The complete obliteration of the sight of the three (3) towers from Vizcaya, with the use of mature massive oak trees on the Vizcaya property, if permitted, or on the property of 3663 South Miami Avenue.

9. The staggering of times for construction vehicles’ arrivals and departures so as to not coincide with hospital shifts or peak usage of Bayshore Drive.

10. The shuttling of all construction workers to and from the building site from a remote location away from the Grove (perhaps from under the Metro rail parking, station, or lot).

District 2 strongly urges you, Mr. Mayor, as a resident of district 2, to exercise the veto power provided to you under the City Charter, to protect the health, welfare and safety of District 2 voters and more specifically, Coconut Grove. Your words at the State of the City Address were profound and with the deeds behind it we truly can create a sustainable city.

I look forward to your prompt response.

Yours very truly,



Marc David Sarnoff
Commissioner District 2
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And, Xavier Suarez weighed in on the letter:

This memo from Commissioner Sarnoff is about the most compelling that I have ever read - certainly the best by a sitting commissioner.
Besides making powerful policy arguments, it sets up an excellent public record for judicial reversal of the city's actions.
My congrats.
Xavier Suarez