Thursday, July 02, 2009

On Florida Hometown Democracy, For Four! by gimleteye

According to The Miami Herald, developer Jorge Perez has whittled down his debt to $1.2 billion from $1.5 billion but has stashed away enough net worth to consider investing in the Miami Dolphins football team. What is good for Jorge was once considered to be good for Miami. This question of judgment has a lot to do with Florida Hometown Democracy-- the constitutional amendment by ballot referendum that is headed to a state wide vote in 2010. FHD would require that changes to local growth plans be approved first by popular vote.

If Florida Hometown Democracy had been in place during the late, great building boom-- the Miami skyline might not look different today but it would not have been transformed into largely vacant, see-thru towers without a convincing pitch by developers like Mr. Perez to voters and not just malleable elected officials.

From Miami Mayor Manny Diaz to the panoply of city commissioners: building speculative condominium towers was considered the highest achievement of local government. They chased tax base like kids running after fireflies. Zoning changes to the local comprehensive development plan for Miami accommodated thousands of residential units that the market could not bear. Mr. Perez may have stashed away enough millions to be able to invest in professional sports, but the Miami landscape permanently reflects the hubris that swamped City Hall and the public interest. Someone is paying for the billions in debt and the liabilities to the city budget straining against reality. Miami taxpayers are on the hook for costs related to inadvisable zoning decisions that might have been avoided. Thanks to lobbyists like Mr. Perez--more photogenic than most--we are living with the results: Florida Hometown Democracy could hardly have resulted in a worse economic mess than the builders and development lobby inflicted on the state.

Last Sunday, the St. Pete Times editorial board wrote, "Floridians' concerns about unchecked growth have been largely ignored, and Hometown Democracy has tapped a legitimate anger." It is an anger born of the late, great building boom that blessed places like downtown Miami in serial hyperbole of marketers and converted wetlands and farmland into examples of abject sprawl. Although the Times editorial opposes FHD today, the causes and effects have been brilliantly detailed by the paper's reporters Matthew Waite and Craig Pittman in the 2009 book, "Paving Paradise".

Florida Hometown Democracy would take away the power from local elected officials, acting as zoning councils, to rubber stamp changes to growth plans. If Florida Hometown Democracy had been in place, there would have been a public discussion first about the piling of condo towers out of scale and proportion with demand and vision of the city's future.

The St. Pete Times continues with a point made by some observers on this blog: "... turning complex community development decisions into an up-or-down vote without any quality negotiations won't solve that problem. It will take electing candidates who embrace growth management and responsible development."

There are two parts to this assumption. First, local and state elections are controlled by a narrow group of campaign contributors related to real estate and construction. To serve their interests, the purposes of government have been deformed in order to speed sprawling development and condo canyons. The deformation manifests as deliberate and willful miscalculation of risk to taxpayers by local government, acting as zoning councils. The St. Pete Times acknowledges this point: "Developers hold too much political influence at all levels of government, which was reinforced by Gov. Charlie Crist's indefensible decision to sign SB 360 and gut Florida's growth management laws."

Although Florida Hometown Democracy is not a magic bullet, with Florida Hometown Democracy in place these special interests will have to come up with a better way to convince the public that their growth plans have merit. Besides, voters could hardly have made a greater shambles of Florida's economy than the Growth Machine that chewed up our quality of life, environment, and fiscal budgets-- all in service of unsustainable development..

What Florida Hometown Democracy will do--for the first time--is change the equation of how local growth plans are assembled. Some argue that it will cause local government to abandon "comprehensive planning" altogether. I believe in time that FHD will result in those "quality negotiations" mentioned by the St. Pete Times. With Florida Hometown Democracy in place, developers and their trade associations will have to do the hard work they have refused to do in cities like Miami and in unincorporated areas of Dade County: they will have to come together and support workable, constructive long-term planning instead of taking their individual and selfish bites at the zoning apple one at a time.

Inclusive planning efforts-- like the South Dade Watershed Study-- costing millions of dollars will not be torpedoed by the Latin Builders or South Florida Builders Associations: they will become blueprints for sustainable growth that they were meant to be.

This is exactly what frightens the builders and developers: that Florida Hometown Democracy will require political insiders--accustomed to getting their way through simple fact of campaign contributions and insider lobbying-- to take growth management seriously instead of using it, one legislative after another, to pummel the public interest.

For Amendment Four!

17 comments:

Anonymous said...

It was reported today that Perez's building in Palm Beach (city place) went bankrupt.

Anonymous said...

Orlando Sentinel:
Letters to the Editor
June 28, 2009


Can't take 'smart' out of 'stupid'

"Stupid growth" has been around Florida for decades, brought about by the same building, real-estate and banking industries that make up most of the membership of the chamber of commerce, that work as part-time state legislators and local commissioners. They are the supporters of the misnomer "Floridians for Smarter Growth" — the same group that played a huge part in getting us in the mess we are in today.

Anyone who has lived in Florida for more than a decade knows what stupid growth has done; he drives it and lives in it every day.

Amendment 4 is the only true smart-growth plan. Its intent is to keep growth within the boundaries of local comprehensive plans, designed around available services and resources.

Proposed changes to existing plans, with approval of commissioners, should go to referendum at the cost of the developer, if such referendum could not be held at a regular election timetable.

There are approved developments in the pipeline to accommodate plenty of growth, not to mention the number of vacant, foreclosed homes already on the market. The "build it and they will come" theory has continually failed our economy, along with the false promise of managed growth, much like the tale of the boy who cried wolf.

Floridians can take back their right to vote on growth by voting for Amendment 4.
Dori Sutter Winter Springs

Lee Allen said...

I have consistently commented on this blog and elsewhere that Hometown Democracy will be a giant mess that will not have the either intended result of slowing or stopping growth or the stated intent of resulting in better planning.

I still believe that the most likely response out of Tallahassee will be the removal of the state mandate for local governments to have a comprehensive plan.

I think that there a couple of assumptions made by proponents, especially those with little experience in comprehensive planning, that need to be discussed:

1. Most recent growth was the result of comprehensive plan changes. This is largely false, especially in Dade County. Most recent development in the County was consistent with existing comprehensive plans. For a lot of areas, Hometown Democracy will do nothing to stem suburban development because the existing plans encourage such development.

2. Hometown Democracy will encourage good planning. Again, not always true. The assumption here is that existing comprehensive plans are well thought out. This is very far from the case in many areas, including the City of Miami.

I agree that Hometown Democracy may encourage wholesale revisions to comprehensive plans, but those revisions will likely result in the broadening of categories of use within a specific area. For example, an area could be permitted to be developed with both commercial and residential uses. Fewer amendments will be needed because more kinds of things can be built in an area.

3. Smart Growth will be Painless for Residents and/or Popular. If we assume that Hometown Democracy is not intended to slow or stop growth (which it really is), we have to ask ourselves whether it will lead to smarter growth.

It is far from clear that voters will support the changes needed for smart growth, which will include significant increases in the density of infill areas. It is always cheaper for developers to build on raw land, but we have to face up to the fact that such development is also easier politically because fewer people are impacted.

The bottom line on smart growth is that it is painful for everybody. Developers want to build what they know people will buy on cheap land. Residents want to retain the status quo in their neighborhood. Neither one gets all they want under smart growth, which is why I have real doubts that Hometown Democracy is going to be of much use in encouraging this kind of development.

Jill said...

I got a email yesterday with a link to the Facebook page for Floridians for Smarter Growth.
Just for kicks I decided to google the names of their supporters.
It didn't take long for a pattern to emerge:

Truly Burton Truly Burton
Government Affairs Director at Builders Association of South Florida
Miami/Fort Lauderdale Area
Government Affairs Director at Builders Association of South Florida
Past
Business Development Director at Bermello, Ajamil & Partners
• Assistant Director for Government Relations at Fannie Mae
• Staff Assistant at U.S. House Committee on Transportation and Infrastructure
• Assistant Director for Government Relations
Fannie Mae
(Public Company; FNM; Financial Services industry)
June 1979 — March 1981 (1 year 10 months)
In my first lobbying position, I had a great boss who taught me the ropes. I worked the House side and he worked the Senate side. It was a great relationship until we moved back to Miami.

Fannie Mae sent me to underwriting school - back when they actually had standards and used them - so I know this stuff from the inside out.
• Staff Assistant
U.S. House Committee on Transportation and Infrastructure
(Construction industry)
August 1976 — June 1979 (2 years 11 months)
I worked on this Congressional House Committee on Capitol Hilll and learned how Congress makes funding decisions - and how they appropriate funds for every infrastructure project including roads and highways, all public buildings, seaports, airports - the works!
Miami, FL
Nick Conte

Director/Technology Srvc. at DBACVB
Daytona Beach, Florida Area
• Contact Nick Conte
• Add Nick Conte to your network
Current
• Director/Technology Srvc. at DBACVB
Past
• Political Campaign Strategist (Self-employed)
• Director of eMarketing/Fulfillment at UpMarkit,

Add as Friend

Toby Overdorf
West Palm Beach, FL
Toby Overdorf’s Experience
• President & Founder
Crossroads Environmental
(Environmental Services industry)
2002 — Present (7 years)
Wetland mitigation, permitting, air quality, listed species permitting, land management, water quality trading


Doug Wheeler
Tallahassee, FL
Doug Wheeler is a vice president of the Florida Chamber of Commerce, based in Tallahassee. Contact him at dwheeler@flchamber.com
INSIDE

Add as Friend

Chuck Bonfiglio
Fort Lauderdale, FL
Chuck Bonfiglio
Broker/owner at Century 21 AAA Realty
Miami/Fort Lauderdale Area Contact Chuck Bonfiglio Add Chuck Bonfiglio to your network
Current
Broker/owner at Century 21 AAA Realty President at Florida Association of Realtors

Don Madden
Orlando, FL
Don Madden's Professional Experience
Director of Organizational Development
Coalition For Property Rights
2008 - Present

Sheri McInvale


Former state Rep. Sheri McInvale bonded out of the Orange County Jail in Orlando after she and her ex-legislative aide Robert Franklin Stuart Jr. were arrested Thursday morning. An Orange County grand jury indicted them on misconduct and theft charges related McInvale's work as a state legislator

Eric Foglesong
Orlando, FL

Chief Aide to the District 5 Commissioner at Orange County Board of County Commissioners
Orlando, Florida Area
Current Chief Aide to the District 5 Commissioner at Orange County Board of County Commissioners



Jennifer Doerfel
Tampa Bay, FL
Name: Jennifer Doerfel Title and company: executive VP, Tampa Bay Builders Association



John M. Sebree
Florida Association of Realtors PO Box 1853
Tallahassee, FL
32302


Brad Swanson
Tampa Bay, FL
Brad Swanson
Regional Government Affairs Advocate- Tampa Bay Area at Florida Chamber Of Commerce

These are the folks who are aghast that Hometown Democracy would turn planning over to "electors," defined not as "registered voters" but as "the cronies of special interests and their slick lawyers."
Hahaha

Anonymous said...

Weston is the lead plaintiff challenging SB360. The only County to sign on was Lee. In reading this article, Sen Bennet from Bradenton say's "But I'll get the last laugh because the Legislature will be back in session before they get a court date......"

Last laugh? Is this guy for real? What planet does he live on?

Just for that quote alone, with a total disregard for the municipalities/County and other groups fighting this bad bill, he should really find a new line of work! He certainly is no representative of the people who elected him.

It's because of bad legislation like SB360, so easily passed by politicians - I support #4.....

Steven in Miami said...

For all the shortcomings of the FHD, the Florida legislature has over a year to fix the growth problems and development processes in the state BEFORE the referendum. If they pass a smarter way to manage growth, FHD won't pass. If they continue to do nothing about it, the FHD will be the reality. Just trying to "stop" the FHD is a flawed strategy for those who oppose it. Fix the laws and FHD won't pass.

Remember that every time there is a referendum, it is the result of a angry and frustrated citizenry who has no faith in their elected officials to represent their interests.

Jill said...

Steve, first you have to assume that our local and state legislators WANT to fix the growth problems and development processes.I think it's pretty clear that a vast majority would like to maintain the status quo and do business as usual.
But, even if they DO want to fix it, they will never be able to come up with anything that will adequately address such a complex issue in a year or less.
These are the same legislators who waste time arguing the merits of banning truck nutz and the right amount of toilet paper in public rest rooms.

Anonymous said...

Hey, Lee Allen!

You think it's not true that most of miami-dade's growth wasn't due to comprehensive plan changes? Have you checked out the Miami River or the decisions about it from the Third District Court of Appeal?

Anonymous said...

What's wrong with "vacant towers?" They're also known as affordable housing in a high-density, transit-served job center, what could be smarter growth? Who cares if these towers were built on hubris? The result is Downtown investment that other American cities would kill for. What are the "costs" of these Downtown towers? If a few investors lose money, how is that an economic mess? It's called calculated risk. I agree sprawl is a problem, but not Downtown development. Even if Downtown development were a problem, Amendment 4 wouldn't help because none of the Downtown towers required comp plan changes. Amendment 4 doesn't help planning, it STOPS planning. The South Dade Watershed Study wasn't shelved by developers, it was killed by neighboring communities that didn't want density! Lee Allen is a genius of hope! IJR

Jill said...

IJR
Do you honesly believe that what we have had in this state is planning?
Knee-jerk reaction.. infill/sprawl
Charge impact fees! DON'T charge impact fees! Green building!
That's not planning.
Developing a comprehensive plan including future land uses, transportation corridors, etc and sticking to it is planning.
Voting for a land use change just because somebody asks is not.
And you can say vote out your local representatives but the only thing you will get is another politician who can be influenced to change a plan he didn't help construct.

Anonymous said...

The Watershed Study, the Agriculture and Rural Retention Study and 4 previous studies were indeed killed by developers and the Dade County Farm Bureau. When the developers, the Farm Bureau representatives and zoning attorneys saw a plan emerging that actually applied smart growth principles, preserved farmland and held the UDB they went into overdrive and started a smear campaign to the municipalities along US1. Hysteria replaced rational dialogue. I was able to correct the misinformation in some venues but could not get to all. It was a shame that is laid squarely at the feet of developers and the Farm Bureau.

Lee Allen said...

Outside of the City of Miami, which has a crazy comprehensive plan that basically needs to be amended for any development, the vast majority of development in the County required no comprehensive plan changes.

Take a look one day at the County's plan -- sprawl like development is permitted pretty much anywhere within the urban development boundary.

This development pattern has been in place for at least 30 years.

And last anon, the cities along US 1 hardly needed any developer pushing to oppose the Watershed Study's recommendations. They have steadfastly opposed any County attempt to intensify development along the corridor. I bet they all signed "Hold the Line" as well.

Anonymous said...

I love how the developers / Farm Bureau now claim the NIMBY's killed the South Dade Watershed Plan. What a laugh riot. Their lobbyists went to the US 1 communities and fomented opposition. Fact, now conveniently pulled out to serve other interests.

Anonymous said...

It is time the residents took back their communities. Lobbyists have done enough to screw up Florida.

Anonymous said...

“Vacant towers”; “they’re also known as affordable housing”; “if a few investors lose money, how is that an economic mess”? ……IJR, what rock have you been living under? This irresponsible growth and speculation resulted in defaulted mortgages ranging from $300,000 to +$1,000,000. This irresponsible growth will burden generations of American taxpayers, not a few investors!

Jill said...

TALLAHASSEE, Fla., April 15, 2009 – Gov. Charlie Crist met with Florida Realtors® Wednesday as part of Great American Realtors Days at the state’s capital. During a morning Real Estate Roundtable session, ten Realtors from across the state reported seeing an upswing in existing home sales in the past three to six months. Responding to the positive signs, Gov. Crist said, Upon hearing these reports from around the state, Gov. Crist said, “It doesn’t get much better than this. [Housing] supply and demand is going to come into balance here. Two to three years from now, people will be saying, ‘Back in April 2009 I could have gotten that home for so many dollars’ – so you don’t want to wait. Prices have gotten as low as they can. Now is the time to buy, while the deals still exist.”
Here's my letter to the governor:
Dear Governor Crist,
I have to congratulate you. I am not easily awed but in the last few weeks you have managed to make my jaw drop any number of times.
The first was your refusal to veto SB360, then again when you did not veto SB2080. I kept telling people that I had faith that in the end you would do the right thing, as it turns out, a lot of us were disappointed. But I nearly dislocated my jaw yesterday when I read of you saying: “It doesn’t get much better than this. [Housing] supply and demand is going to come into balance here. Two to three years from now, people will be saying, ‘Back in April 2009 I could have gotten that home for so many dollars’ – so you don’t want to wait. Prices have gotten as low as they can. Now is the time to buy, while the deals still exist.”
Woo hoo! Speculators are once again going to make a killing! This time on the backs of Floridians who lost their homes to foreclosure or who have to sell their property and are forced to do so at a loss or minimal gain.
People are losing their jobs and having to move and their one major investment is now worth considerably less than it did five years ago but hey… we are going to fix this state’s economy by building more homes!
If normal people (people who are not realtors, developers, planners, land use attorneys, lobbyists or growth consultants) are unhappy with the turn of events, who can blame them?
This is a real-life example of what real Florida residents are faced with: A few years ago a house up the street from ours sold for around $360.000. Last month it sold again at an auction for $130,000 – there goes the property values in my neighborhood.
I would, for once, love for someone, somewhere to actually look at the statistics on the number of existing homes on the market, the number of approved homes in subdivisions which have been built but not occupied, unsold lots in subdivisions and the number of allocated residential units in this state not yet included in a current or proposed DRI or development order and still tell me that growth is our ticket out of this recession. It may just help realtors, developers, planners, land use attorneys, lobbyists or growth consultants, but for the majority of us whose homes have fallen in value by almost two thirds, that’s a tough concept to swallow. For a whole lot of us regular people, it can’t get much worse.

Anonymous said...

Manny "I love concrete" Diaz pushed the City to change zoning and provide kickbacks to developers. He helped to cause the real estate crash. Now tax revenues are down and taxpayers have far less wealth to pay their bills. Unfortunately the County and the City are stuck with bloated payrolls and scarce money to pay the overpaid staffers.