Wednesday, August 05, 2009

Miami 21: despite its flaws, worth supporting ... by gimletyeye

Finally, the Miami City Commission will take up a new city-wide zoning ordinance. The Herald reports: "... Miami 21, a cornerstone of Miami Mayor Manny Diaz's administration, has proven a contentious approach. Neighborhood activists complain it does too little to tame development, even as architects and developers' lawyers contend it's too restrictive, making commissioners wary of tackling the plan amid election-year politics." I believe it is time for city commissioners to support Miami 21.

I agree with the plan's critics like Harry Emilio Gottlieb: "There would be no need for a Miami 21 or any major change in Miami’s Zoning Code (especial one as complicated as Miami 21 if our Mayor and some Commissioners respected our Zoning Code and did not vote to authorize all of the many illegal spot zoning over the years to accommodate their developer pals." Harry is right: the Greenberg Traurig / developer lobby runs City Hall. As a result, Miami is a third tier American city in key respects. The zoning ordinance, Miami 21, has had a tortured route to this point; while I am not an expert on all the opportunities and traps that have been set along the way, I feel much about Miami 21 as I do about health care and energy policy reform: we can't afford to delay changes that reasonably provide a platform for progress. Harry Emelio Gottlieb asks for delay, "The present administration has had 8 years to damage our city and we would appreciate them taking the next 3 months off and give us all a break." I, too, am exhausted by all the false claims of progress for the City of Miami.

I reach a different conclusion: there is more value in a new roadmap than opportunity in delay. Try to attend: Miami 21 Zoning Changes, Thursday, August 6th at 2 PM - City Hall.

28 comments:

Richard said...

The nerve of Elizabeth to say that those of us who actually dissected this unnecessarily complicated plan, and don't think it is good for Miami, are naysayers.

Well, the city of West Palm Beach, and Biloxi, other cities, and world reknowned architects and city planners, are all too I guess, in their eyes - so we are in good company.

Elizabeth and Ana claim Cite, in Edgewater, my neighborhood, is a good example of Miami 21.

They forget to tell you that if built under Miami 21, that lot would be not 12 stories tall, but 4 to 5 times taller. And, with 4 to 5 times more people and cars on that one block.

Cite was an ideal setting before being built -- with a promenade separating it from the bay, and adjacent to a great city park. Miami 21 promised us that it would add those thing to our city but this plan omits them. No new waterfront parks, or parks really at all. No wide promenade at the water but the same narrow sidewalks most waterfront buildings were required to have for new construciton here, anyway. Maimi 21 allows them to be gated as is the case now here.

Cite's plan were approved and the building built about seven years ago, so I think we can safely say it can be done again, and the features there which we like, can be incorporated into our current plan, without Miami 21.

They don't want you to understand this plan and that is part of why I am against it. See, for example, what they show for the waterfront and then read the proposed specs. Likewise, for what they show for waterfront dead end streets, versus their specs for those streets at the water.

They have wasted our taxes creating slick, inaccurate, illustrations you would expect from a developer selling condos, using a high paid ad company. That's not how a Planning Dept should be communicating a new zoning plan so we see its merits and problems. Outreach has used ommission and propaganda, in quantity, to confuse and disquise this plan.

The AIA, land use attorneys, almost all neighborhood associations, and residents, pro and anti development, are against Miami 21, but make no mistake here, we are not the naysayers. The city, using slick PR and propaganda, rather than coming even remotely close to the sensible solutions to our current zoning, as the first promised, are the ones lacking vision of what is possible. We, stand together, optimistic that Miami is better than this plan.

Anonymous said...

No to Miami 21! If Tomas Regalado opposes it, so do I.

I agree with Regalados's alternative zoning plan.

Anonymous said...

Regalado alternative zoning plan is the same as Harry's

Mario Garcia said...

Regalado and Harry know more about architecture and land use than the Dean of the University of Miami School of Architecture.

I trust their plan.

Anonymous said...

Transit Miami also likes 21:

http://www.transitmiami.com/

Anonymous said...

Hey Mario,
First and foremost the majority of the AIA (The American Institute of Architects) in Miami-Dade County do not support Miami 21.

And they know more about Architecture then you, I, Harry, and Tom.

There is no rush for this type of thing and it needs to be reworked.

Anonymous said...

I agree that Miami needs a better zoning code. I also agree that Miami has been ravaged by the quilt of spot zoning, variances and special permits that Commissioners have voted on for many years. Thank goodness that some rich folks took the city to court on the rezoning of Mercy Hospital or that too would have been a disaster and opened up a can of worms for the Grove. Thank goodness that a reasonable judge over-ruled the vote by those three Commissioners as illegal spot zoning. Too bad that those same three Commissioners where not more shamed or even punished for that action. If I recall Manny tried to get the Miami 21 zoning code passed on first reading. Good thing that public opinion was so strongly against it that many of the bugs where now able to be worked out. I am sure that Miami 21 has many positive features in it. But Miami 21 can wait until after the November elections. We need to address the $118 million budget deficit now. Is was shameful of city vote (coincidently the same three Commissioners) to subsidize the Marlins when we are so much in debt with so many overpaid employs and pension plans. Please help our community by encouraging Manny to go on vacation, attend more green conferences and partake in more bike event photo ops for the next 3 months. We don't want to hear anymore about his plans for Miami 21, Virginia Key Master Plan or anything else. Harry Emilio Gottlieb

Gifted said...

Bravo Harry

Anonymous said...

Harry is right, we should trust Tomas Regalado to fix all of this!

Transit Miami Article said...

About Miami 21…
Tony Garcia August 4, 2009
This is an article I posted early last year in response to common criticisms of the code:
Here are a few of the arguments against Miami 21 that I have read both on the Miami 21 website and in various articles over the past few years:
“Miami 21 is the first urban application of a smart code in the US. It is an experiment that has never been tested.”
Actually, Miami 21 is not the first form based code to be applied to a major urban center, Philadelphia is in the process of passing a form based code, and I think we would all agree that as far as successful urbanism is concerned Miami pales in comparison. Form based codes have actually been around for a long time. Think of any good city (Chicago, New York, Philly, Boston) and their downtowns were developed with codes that were form based (as opposed to use based).

“Miami 21 is hated by architects and urban planners.”
Actually, having been written by urban planners and architects this one is not really true. The Herald loves to point out that architects dislike the plan, but really only a vocal minority of self-crowned celebrity architects dislike the code as a matter of ego than of substance. One architect in particular (whose name will remain anonymous except to say that it begins with Z and ends with h) says that the code infringes on his creativity by imposing height restrictions. Without going into some lengthy discussion on aesthetics and philosophy, lets just say that where this designer is concerned, creativity is overrated. Miami 21 holds faithful to some pretty basic premises (active street fronts, eyes on the street, etc.) and allows a lot of latitude after that. If you need your building to stand out like a huge phallic symbol, go to Dubai. Never mind that the the latest draft of the code has all but relaxed the height restrictions in certain T-Zones to be what they are in the existing code.

“Miami 21 will not allow me to rebuild my house if it gets destroyed.”
First of all, as with any zoning rewrite there will be non-conformities. The whole point of the code is that the existing code is allowing some pretty awful stuff to get built, and the new code will make some of that illegal. That’s the nature of any zoning code. I live in a 1940’s med style house that is illegal by today’s code because its too close to the sidewalk. Go figure. At any rate, the new draft of the code explicitly states that non-conformities in R1 zones will be grandfathered in. Period. No natural disaster will make you rebuild your house in a different way, as some mistaken citizens have said.

"Developers hate Miami 21.”
This one is my favorite. Developers love Miami 21 because it gives them greater development rights than they had before. The code was drafted using the existing regulations as a base. That means that all of the development rights have been preserved or augmented. All the code does is say that you have to meet the street in a way that will promote healthy urbanism. It’s not complicated.

“Miami 21 will allow tall buildings next to single family residences along Biscayne in the NE part of town.”
This one is true much to the chagrin of community activists such as Elvis Cruz who have long protected the area. Unfortunately they aren’t entirely using their thinking caps as to what they get in return for this extra height. Along parts of Biscayne you can build a 3 story building that would reach a height of 50′+ that would be adjacent to 30′ homes.

Transit Miami Article end: said...

There are two parts to this that people need to understand.
1) We are trying to encourage pedestrian friendly development along in this part of Biscayne and part of that involves defining the street as a public space. With a street as large as Biscayne is, you need something more than two stories to make that happen. I don’t think that 50′ is all that egregious a transition to a single family neighborhood (especially in comparison to what is allowed now).
2) We need to start thinking of our eastern edge as the place where more intense development needs to happen. We cannnot hold the UDB line and be NIMBY’s at the same time. Saving the Everglades means that growth has to be in someone’s backyard. Biscayne Boulevard deserves buildings that are more than 3 stories.

Anonymous said...

Anything Carter McDowell and the builder trade associations oppose, I support.

Anonymous said...

If Tomas Regalado is against it, so am I.

Anonymous said...

Cant wait to hear what Manny tries to pull. I imagine like the Marlins stadium it has to go "right now" or maybe the developers would leave like the Marlins would have.
Whats the rush?
This needs to go through more community meetings.

Anonymous said...

Wow the Regalado supporters sound like double digit IQ's. Is this what we have to look forward to?

Anonymous said...

What do you want to bet you may hear the following statement at the Miami 21 meeting held at City Hall on Thursday starting at 2 PM!
"We need this project to help create more jobs. We need this project to help make Miami a world-class city."
That same old trick was used for the original and now demolished Miami Arena, Midtown Shops, the present Flagler Street Library, Historical Museum and MAM, the Arsht Center, the proposed Museums in Bayside and most recently for the purpose of subsiding the Marlins Baseball Stadium.
I suggest that Miami 21 can certainly afford to be postponed until after the November elections. Right now our city has to deal with the $118 million budget deficit, the overpaid city employees and the police and fireman pension funds that we must renegotiate ASAP. Harry Emilio Gottlieb

Anonymous said...

The Regalado "supporters" are not that at all. It's Joe's latest at desperation. Making everyone who is for Regalado a blind follower.

I will probably not vote for Sanchez; using his past voting as my reason.

Anonymous said...

What? People who support Regalado and not supporters? A plot from Sanchez? My brain hurts!

Anonymous said...

Sorry, but Transit Miami is bought off by Mayor Diaz on this one. Manny gave Tony Garcia some special role on transit related issues at the City, and Tony is playing the game. All the responses to the questions were from DPZ, not Tony.

West Palm hired DPZ a few years back to provided them with this form based code, and guess what they just had to do, spend another few million just to redo it.

Anonymous said...

And if you vote for Regalado you vote for nothing because he votes "No" or gets up and does not vote.

Anonymous said...

Forget Miami 21.

I support Regalado's Miami 22!

Sanchez Girl 2009 said...

The desperate Sanchez supporters are at it again!

It's a giant conspiracy!

If you agree with Miami 21, Manny Diaz has bought you out!

ONE question: Miami 21 fails, Regalado wins, what will he do about zoning?

ONE answer: NOTHING!

Voter said...

Sanchez Girl 2009 brings up a good point, what EXACTLY is Mayor Regalado going to do about zoning?

I checked his website and found nothing.

And before you begin to attack me, please give me a link to somewhere I can read what Regalado thinks about this issue please.

Anonymous said...

Please don't invoke saving the Everglades to support Miami 21 or any other Eastward Ho initiative. The intensive development of the boom years never helped stop sprawl development on the western edges. We just busted out on both ends. And without a commitment to create urban parks and civic spaces and protect existing natural areas in the urban core, Miami 21 guidelines encouraging bike lanes or pedestrian corridors won't make Miami a more liveable city. No matter how many pet shops pop up on Biscayne Boulevard.

Anonymous said...

Growth has occured under the 11,000 Code. The new needlessly difficult to read and understand Miami 21 could cause our recent recession to last longer.

Check the blogs. The pro-Miami 21 people are all being paid to promote Miami 21. Or they want reference letters for new jobs. Actual stakeholders and taxpayers oppose Miami 21. (Oh, they are the voters...)

geniusofdespair said...

No one on this blog is paid to support Miami 21. But...if someone wants to pay me to support something, I can be bought.

Anonymous said...

Editorial in Miami Herald
Posted on Thu, Aug. 06, 2009
Try Miami 21

In the four years since Miami Mayor Manny Diaz proposed overhauling Miami's complex zoning code with a new pedestrian-oriented concept called Miami 21 there have been more than 500 meetings involving residents, developers, architects and other stakeholders, government agencies and city staff. Some 60 of those meetings were public forums. The city's website has fielded 510 questions from the public about the zoning proposals.
And still, still, the plan arouses passionate opposition from respected professionals, in particular architects and urban designers, and some developers and homeowners groups.

Some developers dislike the plan's higher fees for building taller. Homeowners groups say the plan doesn't do enough to protect neighborhoods from encroaching high-rises and their view-limiting walls.

The architects like the plan's green and pedestrian components. But they say Miami 21's rules will force cookie-cutter, boxy building designs, especially in dense residential areas. They prefer tweaking the current code to achieve some of Miami 21's goals to bring more people and fewer cars onto city streets.

But tweaking the mish-mash of current building codes, which were developed in an anything-goes era allowing high-rises next to homes, won't cut it.

Miami 21 has many good features. It would make Miami more walkable with inviting street-level attractions, driveways hidden on side streets and condo garages tucked behind storefront facades. The plan would require high-rises to step up gradually, like stairs. Condo developers would be encouraged to install plazas or green spaces in front of buildings.

Permitting streamlined

Miami 21 emphasizes more density in commercial sections away from single-family home sections. Its concepts are working between 18th and 36th streets along Biscayne Boulevard -- similar to Brickell Village, a people-oriented development south of the Miami River. The plan would streamline most permitting, known now as the ``90 days from hell'' ordeal.

Further fueling the controversy is Mayor Diaz's decision to put the plan to a City Commission vote Thursday during a month when commissioners rarely meet and when many stakeholders are on vacation.

The term-limited mayor surely wants Miami 21 to be part of his legacy, so timing is important. In September, the annual budget will consume the commission. After that, the race between Commissioners Tomás Regalado and Joe Sanchez to replace Mr. Diaz will be in full swing, and Miami 21 could become a political football.

To solve the impasse, consider a compromise that's worked in other cities undergoing zoning overhauls. The commission should adopt Miami 21 as an overlay to the current zoning code. Set a trial period -- two years, say -- during which developers can use Miami 21's rules, guaranteeing a quicker permitting process, or go by the current code.

After two years the results of each Miami 21 project can be evaluated. If the plan lives up to its promises, it should be adopted permanently. It may need some tweaking. Or if it turns out to be a dud, the current code is still in place and could be changed with the parts of Miami 21 that did succeed.

The commission has a clear choice here, one that all sides should be able to live with. A four-year gestation period (involving 500 meetings) is long enough. Give Miami 21 a chance. We'll never know if it can work unless we try it.

Anonymous said...

The testimony at City hall proved Miami 21 has flaws. Now is not the time to experiment.