CONCERNED LEADERS OF LITTLE HAITI

STATEMENT OF OBJECTIONS AND EVIDENCE ON

MAGIC CITY INNOVATION DISTRICT SPECIAL AREA PLAN
CITY OF MIAMI COMMISSION - PLANNING & ZONING MEETING
September 27, 2018 - Agenda Items PZ 12 and PZ 13 (First Reading)

The CONCERNED LEADERS OF LITTLE HAITI, consisting of the following community

organizations, business owners, community leaders and faith leaders: Family Network Advocacy
Movement (“FANM”)1; Libreri Mapou2; numerous Little Haiti church leaders, including
Archdeacon Fritz Bazin representing the Episcopal Diocese of South East Florida; Father Smith
Milien of the Episcopal Church St. Paul et les Martyrs d’Haiti3, Father Reginald Jean-Mary of
Notre Dame D’Haiti Catholic Church4, Pastor Erick Jules of the One God in Three Persons First
Baptist Church5, Rev. Manes Lafrance of Eben Ezer Haitian Baptist Church6, Rev. Lionel
Georges of Free Methodist Church or Eglise Methodiste Libre7, and Rev. Ernand Mompremier
of Eglise Evangelique Baptiste Rocher D’Horeb8; Sant La; Leonie Hermantin; Dr. Marie Flor
Lindor Latortue; Francois Alexandre of Konscious Kontractors on behalf of themselves and their
members, submit the following Statement of Objections and Evidence 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 this application
for a Comprehensive Plan amendment and zoning change is on the City of Miami Commission
Planning and Zoning agenda for September 27, 2018. A separate letter requesting intervenor
status with facts supporting certain entities’ legally cognizable interests that entitle them to
intervenor status was submitted on September 24, 2018, and is attached hereto as Appendix A.
This statement incorporates by reference all facts therein.9

A. INTRODUCTION

The CONCERNED LEADERS are deeply concerned about the Magic City SAP application as
currently proposed. While it boasts a number of exciting prospects for Miami, it does not do
enough to address the likely tremendous impact it will have on the surrounding neighborhoods,
and on Little Haiti in particular.

Eight years since the passage of Miami’s form-based zoning code, Miami 21, we are witnessing
the danger of the Special Area Plan, a zoning mechanism that allows any property owner with over
9 contiguous acres of land to bypass the zoning code and essentially rewrite their own code for

1
Family Advocacy Network Movement, Inc. (FANM) is a Florida Not-For-Profit corporation located at 100 NE 84th Street, Miami, FL 33138 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.
2
Jean M. Denis and Rita Denis are property owners of record of the building in which the bookstore Libreri Mapou is located, at 5919-5921 NE
2nd Avenue, Miami, FL 33138. The also own a large parcel across from the bookstore off of NE 2nd Avenue.
3
6744 North Miami Avenue, Miami Florida 33150
4
110 NE 62nd Street, Miami, FL 33138
5
495 NW 77th Street, Miami FL 33150
6
6985 NW 2nd Avenue, Miami, FL 33150
7
110 NW 71st Street, Miami, FL 33150
8
5860 NE 2nd Avenue, Miami, FL 33137
9
One particular concern that was mentioned in a footnote of the intervenor status request but is also of deep concern to Libreri Mapou and the
Little Haiti Churches that requested intervenor status is the high number of Alcohol Service Establishment permits being requested by the
Developer (10), especially since the Development Agreement eliminate distance requirements from churches, schools and other establishments
under the Miami Code.

1
their property. While the stated intent was to encourage streamlined, master-planned developments
subject to increased process to encourage dialogue with the community, the creeping of the
development proposals into well-established neighborhoods like Little Haiti, far from the urban
center downtown, potentially threatens Miami’s cultural history. The economic pressure on land
prices and rental rates caused by large SAPs can be dramatic, driving displacement of low-income,
vulnerable populations. If not done right, with the proper mitigating policies tailored to the specific
area, these developments can transform the character of a neighborhood in one fell swoop.10

With one SAP already approved in Little Haiti11 and three additional large scale SAP applications
pending or forthcoming over a 20-block stretch along NE 2nd Avenue,12 there is ample cause for
alarm. This is what makes it imperative that we approach the Magic City SAP application in a
measured, well-informed manner. This development has great precedential value for the other
SAPs that may arise in the area, and large scale developments in neighborhoods across Miami.

As this Statement will show, the project is inconsistent in numerous ways with the Miami
Comprehensive Neighborhood Plan (MCNP) and with the Miami 21 zoning code. The scale,
density and intensity of the project are grossly out of proportion with the surrounding
neighborhood, such that its impacts will ripple out far beyond the bounds of the SAP area in terms
of traffic, noise, environmental impact and dramatic building height increases in a neighborhood
largely zoned for building height no greater than five stories. Furthermore, the project risks deeply
altering the housing affordability of Little Haiti as to land prices and rental rates, its demographics
and cultural heritage.

B. BACKGROUND

The proposed project, the Magic City SAP, is located within the neighborhood of Little Haiti. This
project stands to impact not just the immediate surroundings of the SAP area, but the whole
neighborhood of Little Haiti as defined by the census tract13, and particularly the area within the
officially-designated bounds of Little Haiti.14

A large percentage of the tract of land that makes up the Magic City SAP area comes from what
was formerly the Magic City Trailer Park, eventually closed and cleared of its 40 or so mobile
homes in 2015.15 Other properties in the area were gradually acquired over time, resulting in the
17.75 acre assemblage that is now the subject of this SAP rezoning and Comprehensive Plan
Amendment application.

The density and intensity proposed in the application – approximately 2,63016 residential units,

10
https://www.miamiherald.com/news/local/community/miami-dade/article126501109.html
11
Miami Jewish Home and Hospital, located off of NE 2nd Avenue across from what is now Design Place. While this SAP is also a significant
development, the density and building heights (maximum 8 story buildings) proposed are far less than what is being proposed by Magic City and
Eastside Ridge.
12
The present pending Magic City SAP, the pending Eastside Ridge SAP at 54th and NE 2nd Avenue, and forthcoming SAP application expected
for the former Archbishop Curley-Notre Dame property.
13
https://statisticalatlas.com/neighborhood/Florida/Miami/Little-Haiti/Population
14
https://www.miamiherald.com/news/local/community/miami-dade/article80151417.html
15
http://biscaynetimes.com/index.php?option=com_content&view=article&id=2051:the-passing-of-a-neighborhood&catid=50:community-
news&Itemid=258
16
The number of residential units varies throughout the application and ordinance documents. In the title of the proposed ordinance (File ID
4668), the number cited is 2,662 but within the text of the ordinance, it is 2,630. The 2,630 number is used for the economic impact study, while a
2,490 residential unit number is used for the Water and Sewer Availability letter, among others. For the sake of consistency, the number we will
cite from here forward is 2,630.

2
432 hotel rooms (or 201,600 square feet), 2,208,540 square feet of office space17, 520,970 square
feet of commercial space, 119,610 square feet of expo space, 6,061 parking spaces, 215,493 square
feet of civic space and additional 370,000 square feet for surplus parking (or 8,164,140 square feet
total development on 17.75 acres) – is grossly out of proportion with the surrounding neighborhood
and stands to permanently alter the lives of the residents and business owners in Little Haiti.
Specific impacts include:

• increased traffic caused by the proposed commercial, residential and entertainment uses of
the property;
• introduction of nuisances into the neighborhood, including noise, alcoholic beverage
establishments allowed in proximity to religious institutions and schools;
• increased load on the public infrastructure, including roads, schools, potable water and
utilities;
• transformation of the skyline from one with few buildings higher than three stories to one
with towering buildings jutting out of a relatively small area; and
• a change in rental rates and land prices in a neighborhood populated by predominantly low
to moderate income households.18

Nothing has been presented to evaluate the potential environmental impacts of this project. It is
puzzling that an environmental impact statement is not a condition of approval of zoning/land use
changes of this magnitude, but rather remains listed only as a condition of the issuance of a building
permit. At the same time, the Developer has not proposed sufficient resiliency measures beyond
the simple statement that the land happens to be located along a coastal ridge that is of relatively
higher elevation.

In addition, the Development Agreement and Regulating Plan fall woefully short of the measures
needed to mitigate the above-mentioned impacts on the surrounding neighborhood. The City can
hardly justify granting what amounts to a windfall in development capacity by allowing the SAP
rezoning and Comprehensive Plan amendments as presently written without realizing better, more
enforceable and clearer benefits for the community. To do any less at a time when the City is
facing a deep affordability crisis, overburdened roads and climate change issues would be to invite
future problems that the City will be left to clean up without adequate resources.

Finally, the three other approved, pending or forthcoming SAPs in Little Haiti will intensify the
impact of the Magic City proposal.19 (See Map 1 on next page) The SAPs (approved and pending)
should not be analyzed individually but in relation to one another. To analyze them individually
would be to ignore the cumulative impact of all projects together on the surrounding neighborhood
with respect to such keys things as traffic, displacement and density. And yet, the Magic City SAP
is moving at break-neck speed through a process purportedly designed to maximize community
input without properly engaging in a community-wide dialogue about the nature of the project and
without taking into adequate consideration the previously-voiced request that the City of Miami
consider the impact of the projects together.

17
This number also varies between documents.
18
According to a 2015 Needs Assessment, 70% of Little Haiti residents are low to moderate income. See Planning Department Comprehensive
Plan Amendment Staff Analysis (“Comp Plan Analysis”) at 9.
19
Though the Design District SAP is also technically in the Census tract of Little Haiti, it is a farther distance from the project in question.

3
Map 1 – SAPs approved, forthcoming and pending in the Little Haiti neighborhood (based on Census tract)

4
 C. THE MAGIC CITY SAP IS INCONSISTENT WITH THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN

Pursuant to Florida statute, the standard for determining the legality of comprehensive plan
amendment is consistency. “A development order or land development regulation shall be
consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects
of development permitted by such order or regulation are compatible with and further the
objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it meets
all other criteria enumerated by the local government.” Sec. 163.3194(3)(b), Fla. Stat. (2018)
(emphasis added).

The statute goes on to define “consistent”:

A development approved or undertaken by a local government shall be consistent with the

comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and
other aspects of the development are compatible with and further the objectives, policies,
land uses, and densities or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.

Sec. 163.3194(3)(b), Fla. Stat. (2018) (emphasis added). By this standard, based on the substantial
and competent evidence, presented below it is clear that the project is not consistent with the
comprehensive plan.

(a) The Planning and Zoning Department’s Comprehensive Plan Amendment Staff Analysis
identifies multiple inconsistencies of the proposal with the Miami Comprehensive
Neighborhood Plan.

In the Staff Analysis attached to the Comprehensive Plan Amendment agenda item (“Comp Plan
Analysis”), the City of Miami Planning Department found certain changes to be inconsistent with
several criteria under MCNP. The following chart summarizes the Comp Plan Analysis and adds
commentary based on any changes that may have taken place since the date of the analysis:

MCNP Criterion Staff Analysis Staff Finding Changes since analysis completed?
(Our commentary)
Objective LU-1.3 – Unclear whether Inconsistent There do not appear to be any
encouraging new industrial substantive changes made to the
commercial, office activity will be application since the analysis to resolve
and industrial concentrated in an this inconsistency. Project continues to
development area where this concentrate on residential, retail, hotel
capacity currently and office uses.
exists
Policy LU-1.1.3 – Applicant is Inconsistent In addition, the lack of information (i.e.,
protection from changing 15+ acres environmental impact statement) makes
encroachment of of Light Industrial it difficult to assess what potential
incompatible land land to Restricted adverse environmental or ecological
uses, adverse Commercial in the impacts the project will have on the
impacts on Future Land Use surrounding neighborhood. Not clear
surrounding Map – this is found
neighborhoods, to be an

5
 degradation of encroachment of that the traffic impact is sufficiently
environment, Restricted mitigated.
ecology Commercial into the
Light Industrial FLU Applicant has not taken any steps to
designation preserve more lots with the Light
Industrial designation.
Objectives LU-4.1, Current application Inconsistent The 7% affordable units and 14%
4.2, 4.3 – mixed is requesting higher workforce units promised need not be
income density but on-site. The regulating plan does not
developments and envisions by its specify where the affordable housing
affordable and Economic Impact should be built (and it could also be a
attainable housing Analysis that 100% payment in lieu) and the workforce
of its residents will housing need not be built on-site either,
have an income of only within 1,500 feet of the SAP area.
$75,000 Furthermore, workforce housing is not
even preferable for the area since, if
HUD AMI is used and the Applicant
opts to build them at 140% AMI, rents
will be set at rates far above local market
rate. (About $1830 for a 1BR as opposed
to the approximately $1200 current
market rate for 1BR apartments)
Goal HO-1 – Need for affordable Inconsistent See above. For the scale of development
increase the supply housing in Little proposed, 7% is not an adequate
of safe, affordable Haiti is well- amount. Further, the language about
and sanitary housing documented where the housing will be located and
for extremely low-, whether it will be actual units built or a
very low-, low- and cash contribution in lieu is unclear.
moderate-income Need more specificity; public benefits
households offered in exchange for bonus height
should be focused on affordable
housing.
Goal HO-2 Livable Plan is walkable and Consistent, however The failure to make a true commitment
city center with hospitable to Applicant must think to building on-site affordable or
variety of urban multiple modes of further on affordability workforce housing (as reflected in the
housing types for transportation, but component to the Development Agreement and
persons of all analysis assumes all residential program, Regulating Plan) makes it unclear and
income levels in a residents will earn since residential doubtful that this development will truly
walkable, mixed use $75,000 while component is based on be mixed income. There also need to be
development purporting to target a household income of more specific provisions providing
incomes in the range $75,000 in the project’s housing for the elderly. See also above
of $55,000-75,000 Economic Analysis comment on workforce housing.
Policy TR-1.1.1 - On transit corridor Consistent with By the City’s transit oriented
Concentration and on NE 2nd Avenue. qualifications regarding development map and plans, there is no
intensification of Access to commuter Light Industrial land. station planned or likely possible for the
development around rail is anticipated to Magic City area (since there are planned
centers of activity. become reality in stations at 79th Street/Little River and
the near future. Midtown/Design District). While buses
Redevelops idle site. and bike lanes exist, it is not clear they
can absorb the additional proposed
density
Policy TR-1.1.4 – Presents infill Consistent Transit along NE 2nd Avenue is
infill close to redevelopment to primarily by bus, trolley or jitney. It is
multimodal take advantage of not clear that the density proposed can
be adequately served by these options to

6
 transportation transit corridor on truly reduce dependency on
options NE 2nd Avenue automobiles.
TR-1.5.2 – Applicant focuses Inconsistent – not This has not been resolved, we remain
transportation on road network, enough detail concerned about vehicular traffic to be
control measures bicycle generated by this development. No
(TCMs), transit infrastructure. While discounts or fare subsidies are
discount and fare improvement for contemplated in the Development
subsidy programs, bicycling, need true Agreement.
etc. TCMs to reduce
vehicular
congestion.
Policy TR-2.2.9 – SAP is designed for Inconsistent – need to Remains unresolved.
transportation people in income provide for more
systems accessible ranges $55,000- inclusive of members
to those in need 75,000, but with various incomes,
workforce is drawn abilities, etc.
from an area with
high poverty rates.

While the Staff ultimately recommended approval of the project subject to the conditions attached
to the rezoning item, it is not clear that the conditions adequately resolve the issues raised in the
above analysis, particularly with respect to the housing, transportation and equity criteria. Indeed,
the Comp Plan Analysis itself concludes by noting “Staff has genuine concerns about the current
proposal under the goals, objectives, and policies of the Miami Comprehensive Neighborhood
Plan. A quickly diminishing inventory of FLU designations that support activities that have
potential to provide the most diverse opportunities for incomes that are above the median income
is a grave concern of the Planning Department.”20

(b) The project does not meet prevailing criteria for an “innovation district”

Planning and Zoning staff engage in an important and pointed discussion in the Comp Plan
Analysis querying whether what is being proposed is truly an innovation district. The Analysis
cites 12 guiding principles for innovation districts compiled by the Brookings Institute.21 While
this project attempts – in narrative form – to check some of the points from the list, there are
significant holes, including a firm partnership with an educational institution22, a true commitment
to diversity and inclusion and forward thinking on affordability. We have particular doubts as to
these latter two, which we discuss further in the subsection (c) below. Furthermore, while we
understand that comparing different campuses with different configurations is imperfect, the
difference in the density between the proposed Magic City SAP and other innovation districts
(cited in Developer’s application) is marked:

Project Land area (in acres) Square Feet of Development

Magic City SAP 17.75 8.16M
Kendall Square (Cambridge) 24 (of 43) 4.15M
South Lake Union (Seattle) 206 9M

20
Comp Plan Analysis at p 21.
21
Comp Plan Analysis at p 10.
22
The Developer has alluded to conversations with Florida International University, but the Development Agreement does not inspire confidence
as to a commitment to securing an anchor educational institution, as it cites only “good faith” efforts to secure such a partnership.

7
 IDEA District (San Diego) 95 6.68M
Midtown Innovation District 1.2 square miles (768 acres) 6.86M + 7,600 residential
(Atlanta units
Spring District 36 3M office space + 2000
residential units

Indeed, the Analysis also cites the Brookings warning to guard “against across-the-board rezoning
for increasing density, proximity, and mixing of uses due to the effect such zoning changes have
on land prices.”23 This is precisely our concern, and the very reason why we ask for more measured
approaches to zoning and density increases. At the very least, we should take the time to play out
the consequences of approving such a large project at one time.

(c) The scale of the development and minimal attempts to mitigate impact on the surrounding
community demonstrate further inconsistency with the MCNP.

The sheer size and density of the proposed Magic City SAP are staggering and out of scale for the
surrounding neighborhood. The U.S. Census counted 28,346 residents in the neighborhood
occupying 9,289 households.24 As stated above, this project will add 2,630 new residential units,
a 28% increase in density. Given this massive increase, it is vital that we interrogate who this
project seeks to attract to the neighborhood, and who, in turn, would be displaced and denied the
opportunities that come with increased public and private investment in the neighborhood. Per the
Developer’s own application, this development is not being built for City of Miami residents, much
less current Little Haiti residents. In fact, their own economic impact analysis assumes that more
than “half of the tenants within Magic City Innovation District will relocate from outside of the
City.”25

In that same analysis, the developer purports to be targeting households with incomes between
$55,000-$75,000 (though the total residential income in is calculated based on 100% residents at
the $75,000 level).26 Median Household Income for the City of Miami is $31,600, and $24,800 for
the Little Haiti area. By these numbers, it would take three Little Haiti families to afford just one
apartment at the proposed Magic City SAP. The proposed micro-units could hardly accommodate
such an arrangement.

The standard of affordability for housing is thirty percent of income.27 This means that for the rent
of the Developer’s targeted demographic to be affordable, rent would have to be capped at $1,875
per month across the entire development. And yet the Developer has made no assurances that rents
would be attainable to people at the high end of the income range they are supposedly basing their
numbers on. Instead, the Developer is painting the 14% workforce housing provision in the
Development Agreement (at 60-140% AMI, but no specificity as to the number of units at the
different income levels in that range) to be a boon to the surrounding community, when income at
the highest end of the workforce allowance would equate to $73,220 (based on 2018 HUD AMI

23
Comp Plan Staff Analysis at p 11.
24
https://statisticalatlas.com/neighborhood/Florida/Miami/Little-Haiti/Population
25
Lambert Advisory, LLC, Economic Impact Analysis: Magic City Innovation District (June 2018) at p 5.
26
Id.
27
https://www.huduser.gov/portal/glossary/glossary_a.html

8
level for Miami-Dade County - $52,30028) – an income at the upper end of their supposed target
population.

At the same time, median rent for a one-bedroom apartment in Little Haiti was measured as $1,200
as of February 2018.29 Given the likely distortion that Magic City’s over 2,600 units priced at
income levels significantly higher than Little Haiti’s median income will cause in the
neighborhoods, it is imperative to include units on-site within the SAP area that are affordable to
the surrounding community, at or below 60% AMI. A cash contribution in lieu will not go as far
as brick and mortar units, since land prices are increasing in the neighborhood.

Furthermore, while the current community is 73.4% Black, Black households are underrepresented
in the income brackets targeted by the developer, making up roughly 17% of Miami-Dade
County’s households at that level. Failure to take these demographics into account will inevitably
lead to a sweeping demographic change of Little Haiti and an uprooting of the Haitian-American
community from its cultural home. This would represent a loss not only to residents of the
neighborhood, but do irrevocable harm to the fabric and identity of Miami as a whole. It is
particularly concerning that this displacement coincides with new public investments in roads,
schools, and other infrastructure that promises to turn Little Haiti into a neighborhood of
opportunity.

(d) The project is inconsistent with additional criteria in the MCNP.

The Staff is right to be concerned about this project. In addition to the criteria listed in the above
table, there are other key criteria that the Staff did not include in its analysis that show further areas
where the project is inconsistent with the MCNP.

Policy LU-1.3.2 – “making available commercial loan funds for rehabilitation and small business
loans and seed moneys, particularly to local minority businesses and encouraging the maximum
participation...of…property owners and residents of the areas.”

• While Paragraph 16(g)(4) of the Development Agreement (DA) includes a quota for
subcontracts to go to community business enterprises or community small business
enterprises (CBEs, CSBEs), there is no hard requirement, and no mention made of
minority, women owned or disadvantage business entities (MBEs, WBEs, DBEs).
• Though Paragraph 16(h) of the DA also provides for 20% of the retail merchandising units
to be dedicated to Little Haiti businesses or residents, there is no subsidy, seed money or
other support offered to incentivize participation of local residents.

Policy LU-1.3.8 – “foster or develop and implement job training, vocational, and educational
programs to assist the City’s existing and future residents...support minority and semi-skilled
residents of the city….”

• The only place where the DA mentions job training is in Paragraph 16(f) about the Magic
City Innovation Foundation, which does not have specific language committing the

28
http://www.miamidade.gov/housing/income-limits.asp
29
https://www.zumper.com/blog/2018/02/mapping-miami-neighborhood-rent-prices-winter-2018/

9
 Applicant to undertaking this activity. Similarly, the language to make good faith efforts
to partner with an accredited educational institution is overly vague and does not commit
the Applicant in any way to providing educational or training programs so that residents
can benefit from the job opportunities created by the developments.
• Though there is a loose commitment in Paragraph 16(g)(1) of the DA to local hiring
according to a zip code schedule, there is no language specifying the time periods for
recruitment or binding the Applicant to a certain percentage of local hires (and providing
training opportunities to meet that percentage). Similarly, the DA should include an
expanded list of workforce development, community organizations or community media
channels located in or primarily serving the Little Haiti neighborhood for job recruitment
and advertisement.

Policy LU-1.3.14 – “City will continue to enforce urban design guidelines…which shall be
consistent with the neighborhood character, history, and function, and shall be in accordance with
the neighborhood design and development standards adopted….”

Objective LU-1.5 – “Land development regulations will protect the city’s unique natural and
coastal resources, its neighborhoods, and its historic and cultural heritage.”

• This project is grossly out of proportion to the surrounding neighborhood. While Applicant
has accepted to adhere to the Little Haiti Creole Design Guidelines for properties along NE
2nd Avenue, the overall height, density and use of the property is not consistent with the
neighborhood character, history and function. Simply including cosmetic design elements
along NE 2nd Avenue is not enough to reflect the historic Haitian and Caribbean roots of
the neighborhood.
• More concerningly, the virtual elimination of Floor Lot Ratio (FLR) as a standard to
measure intensity in the Regulating Plan is of deep concern and reveals a severe
inconsistency with this provision.

Policy LU-1.6.7 – “The City will provide adequate opportunity for public comment regarding
zoning changes and variances within neighborhoods.”

• As the community raised as an objection at the Urban Design Review Board (UDRB)
meeting, the scheduling of the UDRB hearing for the same day as the Planning and Zoning
Appeals Board (PZAB) hearing prevented meaningful community input at both events.
Generally, these processes take place on two different days, giving time for the Applicant
to resolve any comments by the UDRB before the PZAB hearing. An ask we would have
raised at the UDRB hearing (a need for a community wide meeting to evaluate design
elements and other aspects of the project) was nullified by the fact that we had to present
before a different board later on the same day. This appears to flout the spirit of the SAP
approval process that includes multiple steps for the very purpose of soliciting feedback
from the public and incorporating that into the project’s ultimate design.

10
 D. THE MAGIC CITY SAP IS INCONSISTENT WITH THE MIAMI 21 ZONING
CODE.

The Planning and Zoning Department staff also submitted a Staff Analysis (“Zoning Analysis”)
for the zoning change, which approved the project and found it consistent with the zoning code
subject to heavy conditions. The below is a discussion of that analysis, which incorporates a
granular critique of the Regulating Plan. Overall, we are deeply concerned that a Regulating Plan
that so sweepingly changes and adds on to provisions of the Miami 21 code will undermine the
spirit of the code in the long term and in fact prevent the community from realizing much needed
benefits in exchange for the extreme density and heights requested.

(a) The Zoning Analysis misses some critical inconsistencies and incompatibilities with
Miami 21.
a. Miami 21 Article 3 Analysis30

We recognize that some adjustments on building heights for the MCID designations have been
made since the initial application that proposed 29 stories, and that the project is designed to step
up to the most intense buildings. However, even with these modifications, the tallest buildings in
the MCID-1 (max 20 stories, 12 by right and 8 bonus) and MCID-2 zones (max 25 stories, 12 by
right and 13 bonus) will still tower over neighboring lots, including T-3 L, single-family or duplex
residential areas to the east. The FEC train tracks are not an adequate buffer from the noise, traffic
and other impacts the development may bring.

Though the concern about disproportionate height would remain, it might be worthwhile limiting
the maximum height of all buildings to 20 stories. Affordable housing bonus height should be
assigned to lower floors (13-17) so that height is not the trade-off for a critical community benefit.
Moreover, both MCID-1 and MCID-2 bonus height should be eligible to be satisfied by affordable
housing to further incentivize affordable housing construction. Any money contributed to a
commuter rail station can go towards higher stories (18-20, for example), especially because it is
highly unlikely that a commuter rail station will come to the area. See subsection (C)(c)(b) below.
The recommendation to retain D-1 zoning on some parcels would also help reduce the intensity of
development proposed while still offering a dynamic range of uses.

We echo the Staff’s concern about accessibility of the Open Space to the public, even with the
expanded hours. There are few entry points into the area, and as the Regulating Plan is written, it
appears that restaurant patios and other uses serving the surrounding businesses will dominate the
area surrounding the walkway. It is not clear that there will be ample public space that is not
oriented towards clients, customers or tenants of the development property. The tree preservation
and relocation, however, are welcomed.

The public art should reflect the culture and history of the Little Haiti neighborhood. At present,
under the DA Paragraph 28, the Developer has sole discretion over the art chosen for the park and
has not specified any percentage of that art that may be commissioned from local artists. In addition
to the community providing input into the Historic Lemon City/Little Haiti Creole District Design

30
Staff Analysis and Maps (“Zoning Analysis”), File ID 4459, pp 8-13.

11
Guidelines, there should be some public input into the art that will be displayed in the civic space
if it is truly going to be dedicated to the public.

b. Miami 21 Article 7 Analysis

Criteria 1cited in the Zoning Analysis asks whether the proposed amendment furthers the goals,
objectives and policies of the MCNP, Miami 21 and other city regulations, and whether there is a
need and justification for the proposed changes.31

Though the Planning and Zoning Department found the project to be consistent with the above
criteria, as Section B above noted, there is substantial and competent evidence, including the
Planning and Zoning Department’s own analysis, to show that the project and its proposed FLUM
changes are not consistent with the Comprehensive Plan. Similarly, while the Staff Analysis
indicates that the project is consistent with Miami 21, there are multiple, highly concerning
alterations to the Miami 21 zoning code, the need for which has not been adequately shown.

The Regulating Plan does not “emphasize compatibility with the Little Haiti neighborhood” for
the multiple reasons detailed in the sections below.

c. Elimination of Floor Lot Ratio

One specific concern includes elimination of Floor Lot Ratio (FLR) as the measurement of
intensity. Under Miami 21, Sec 3.4.2, FLR is to be used to calculate intensity, but the Regulating
Plan creates its own criteria (Lot Coverage, Setbacks, Height and Floorplate standards) that
appears to still be overly vague. Are the measures of total Floor Area for the different zones of the
project in DA Paragraph 8(c) combined with the Article 4, Table 2 numbers enough of a measure
to substitute FLR as a measure of intensity?

While Developer may say eliminating FLR is necessary to have more flexibility with floorplates,
it throws off the ability to regulate intensity altogether. There are many other measures that are
tied to FLR. For example, can FLR still be used for the purposes of determine public benefits?
Even so, Regulating Plan in some places has eliminated mention of FLR and retained it in other,
inconsistent places.

d. Public Benefits section of the Regulating Plan has been amended to

minimize actual benefit output responsive to community needs and
dramatically alters Sec. 3.14.4 of Miami 21.

A close reading of the changes made to the Public Benefits section of the Regulating Plan
(generally found in Sec. 3.14.4 of Miami 21) reveals that the Developer attempts to reduce to the
extent possible the public benefits that accord with the asks of the public (affordable housing,
decent jobs, funds for community activities, small business incentives) while maximizing the
amount of bonus height they can get for elements of the project that would be constructed anyway
as part of the project.

31
Zoning Analysis at 13.

12
While it is not a surprise that the Developer would propose such modifications – because, after all,
they are trying to maximize their profits to the extent allowed by law – the City of Miami and the
people of Miami need not accept it as is without significant conversation interrogating whether the
benefits truly serve to mitigate the overwhelming impact this development will have on the
surrounding neighborhoods. It is incumbent upon City officials and the broader public to look
closely at these documents and ensure that the Developer is creating the community space
necessary to engage in the kinds of exchanges that will ensure that this development (and the public
benefits it is offering in exchange for significant height bonuses) is responsive to the needs of
Miami residents.

More specifically, the table below details some of the changes the Regulating Plan makes to Sec
3.14.4 of Miami 21 Public Benefits Program section. Our major concerns and comments are in the
right-most column (below only includes the provisions of concern).

Benefit Bonus Square Bonus Requested in Our Comments

Footage Under Magic City SAP and Questions32
Sec 3.14.4 of Regulating Plan
Miami 21
(ratios expressed in
square feet given :
square feet of bonus
height)
a.1(a) Alt to above: DOES NOT Each dollar spent on This formula may be applied to any
Cash spent on EXIST development of affordable housing developed outside
development of affordable housing on of the SAP area. Should not be
affordable housing site or within 1,500 ft of option to the exclusion of option (b)
treated as cash SAP area (including below.
contribution to Public shared spaces) = 1
Benefits Trust Fund dollar towards cash Need more precise numbers on
contribution to Miami market rates to be able to evaluate
21 Public Benefits Trust which option is more favorable to the
Fund community.
a.1(b) On-site This is an 1:3 1:2 for truly on-site housing.
Affordable Housing additional
provision. Seems Considers within 1,500 1,500 ft of the SAP area should not
duplicative of feet of the SAP area to be considered on-site.
3.14.4(c) below, be on-site.
but ratio here may
be set at 1 square
feet : 2 square feet
bonus.
a.2 Affordable Housing 1:1 1:1 Anything outside of the SAP Area
Off-Site should be treated as off-site.
More than 1,500 from
SAP Area is considered However, to encourage building
off-site. within 1,500 feet of the SAP area,
perhaps a ratio of 1:1.5 can be
offered.
a.3 Trust Fund Cash contribution As City defines per Need more clarity on per square foot
Contributions based on a square foot price calculation. Need to also specify a

32
These are initial comments we offer but are in no way meant to supplant a process by which these benefits are discussed with the public at
large.

13
 percentage of the required percentage of on-site units
market value per and a certain amount of Trust Fund
square foot price contributions to go into a revolving
being charged for loan fund for Little Haiti.
units at projects
within the market
area up to the
bonus height and
FLR.
b. Office Floor Area DOES NOT 1:3 How is this a public benefit? Should
EXIST eliminate.
c.1 1:2 1:2 1,500 ft of the SAP area should not
Affordable/Workforce be considered on-site.
Housing on-site (seems Considers within 1,500
duplicative of above) feet of the SAP area to See also Section xx on housing.
be on-site.
c.2 1:1 1:1 Anything outside of the SAP Area
Affordable/Workforce should be treated as off-site.
housing off-site More than 1,500 from
SAP Area is considered
off-site.
c.3 Same as a.3 Same as a.3 Same as a.3
Trust fund contributions
(seems duplicative of
above)
d. Public Parks, Open 1:2 Adds Civic Space to Is not Civic Space a threshold
Space or Park this section. (to cover requirement for an SAP application?
Improvements the Promenade du Seems to be double counting.
Grand Bois, which is
considered to be a Civic Also duplicative of 3.14.4.h
Space Type)
d.1.iii – Park Park Adds public Open This should be eliminated. Seems to
improvements Improvements for Space/Civic space be a triple counting of civic space
Public Parks in within the SAP area in that is not even a public park. Only if
areas below 50% exchange for bonus a commitment to improving a true
media income height, 1:2 valuation. public park is made should this be
threshold shall be allowed to stay (as written originally
allowed 2 times in 3.14.4.d.1.iii of Miami 21)
the valuation.
d.2 Public Open Space Public Open Space Adds Civic Space Should only be able to count any
as approved by the Types (to cover civic space towards bonus once.
Planning Director Promenade du Grand
provided on site is Bois, again). Eliminates Should require Planning Director
given 1:1 bonus. requirement of Planning approval because some pieces of
Director approval. 1:1 open land are unusable for the public
bonus (e.g., the areas between 61st and 62nd
street on NE 2nd Avenue)
h. Civic Space Types 1:2 bonus for Adds “within SAP area Should not be allowed to double or
and Civil Support Uses donation of Civic donated to the City of triple count area.
Space or Civil Miami or dedicated to
Support Space on for public access” Notwithstanding above, space
site to the City of Again, counts dedicated for public access should
Miami Promenade du Grand not be valued the same as donated
Bois towards this for a space in terms of bonus
1:2 bonus

14
 i. SAP DOES NOT Monetary contribution Language is opaque.
Passenger/Commuter EXIST to Development cost of
Rail Station passenger/commuter Not likely to be a commuter rail
rail station that is being station in the SAP area. See Section
privately funded in D(e)(e)(ii) below.
whole or in part by an
SAP Owner is treated as
a cash contribution to
the Miami 21 Public
Benefit Trust Fund.
Amount of bonus area
in exchange is
determined by
applicable price per
square feet set by City.

If the bonus heights were more appropriately allocated, without double counting or unduly
rewarding things that should not be counted as benefits, there is significant room for achieving
higher numbers with respect to affordable housing, good jobs and other benefits responsive to
community needs.

e. There are multiple other concerning elements of the Regulating Plan

i. Micro-Units

What is the purpose? If not to increase affordability, then is it to decrease the costs for the developer
while increasing density? As per the Regulating Plan, micro-units may have a common kitchen
and living areas. This appears akin to dormitory-style living. It may reduce the costs of
development but will they actually be affordable

As indicated above, the hard bargaining we had seen from the Developer33 to reduce the
commitment of workforce units is bewildering given the fact that we are dealing with 50% of
residential units as micro-units. If we take 140% of HUD-defined AMI ($52,300) and set the rent
at a rate affordable to that salary, then rent would be $1,830.50. That certainly is out of proportion
to the current market rate of $1,200 and thus we must infer that these micro-units will not address
the affordability crisis in Miami.

Finally, in the Article 4 Tables of the Regulating Plan, the MCID Zones are allowed a density of
150-1,000 units per acre, which is staggering. There has to be more clarity on this aspect.

ii. Parking reductions because Regulating Plan claims that SAP is in a

transit oriented development (TOD) area.

The SAP area is located along a transit corridor, but not in a TOD area, which is defined under
Miami 21 as being ¼ mile from a transit node.

33
I.e., the initial application included no provision for affordable housing and only a vague reference to workforce housing until the Planning and
Zoning Department prevailed upon them to include 7% affordable at 60% AMI or below and just 14% at 60-140% AMI.

15
Based on the map created to track TOD in Southeast Florida, there is no planned station for the
Magic City/Little Haiti area.34 Instead, there is a planned station at 79th Street/Little River
approximately 1.8 miles to the north of the SAP area and a planned station approximately 1.2 miles
south of the SAP area. The standard spacing for a commuter rail is 2-8 miles,35 making it highly
improbable that a commuter rail station will eventually come to the Magic City SAP in the near
future. Add to this the uncertainty of the funding and bureaucratic approvals of the project and the
probability sinks lower. As a result, all references or policies dependent on the project being in a
TOD area should be removed. Similarly, the map included as Diagram 11 of Article 4 is misleading
because the Developer drew in the station they want to build even though the official Miami 21
TOD diagram does not have that station included.36 Article 4 Tables include significant parking
reductions (50-80%) based on being in a TOD area. This does not make sense based on the above.

iii. SAP Permits

While we understand the desire for a more streamlined process, the City might want to look more
closely at whether there are elements that would require more process than what is required to
obtain an SAP Permit.

(b) Appropriateness of Magic City SAP

The Staff Analysis found that the proposal maintains many of the goals of Miami 21, however,
several aspects of this project raise questions about whether these goals are truly being met. First
of all, since “a primary purpose of [Miami 21] is to implement the Comprehensive Plan,” the
inconsistencies listed in Section B above apply to the rezoning analysis as well. Under Sec.
2.1.1(b), the purpose of Miami 21 is “to promote the public health, safety, morals, convenience,
comfort, amenities, prosperity, and general welfare of the City and to provide a wholesome,
serviceable, and attractive community.”

The project certainly projects out creative space making and mixed uses, with a potential to
catalyze new things in Miami. The question is, for whom? This is the question we must ask
ourselves when a development like the Magic City SAP comes to a neighborhood like Little Haiti
where 70% of the population is low- to moderate income.

As presently configured, with a Regulating Plan actively seeking to reduce the commitment of on-
site resources that go towards affordable housing, a Development Agreement making vague,
unenforceable promises regarding jobs, housing and other community benefits, and an active
resistance to holding an open, community-wide meeting on the project, the Magic City SAP, in
both substance and process, seems to undermine the purpose and intent of Miami 21. The complete
circumvention of the use of FLR as a measure of density, for example, is one way that the project
sees itself as unbound by regulations that Miami 21 seeks to use to encourage uniformity across
developments.

34
http://www.citiesthatwork.com/tod-inventory-and-map-2017-update-draft/
35
http://www.fdot.gov/roadway/CSI/W2/TransitFundamentals.pdf
36
On file with the City Clerk, but see: www.city-data.com/forum/.../miami/64419d1277212837-subway-miami-transit.pdf

16
 (c) The Staff Analysis recommending approval of the zoning ordinance change is heavily
conditioned, however, Applicant has not adequately met certain conditions.

The numerous conditions that the Planning and Zoning Department staff attached to their Zoning
Analysis are indicative of the serious concerns this project presents with respect to its potential
impacts on the surrounding neighborhood and the failure to adequately mitigate those impacts
through design, benefits or other mechanisms.

(d) Development Agreement (DA) falls far short of meeting requirements for providing
benefits and must be negotiated with the community through a public process.

Though we will not go through the content that should take the place of the current DA, as that
should be the result of a negotiation, the current DA has multiple foundational flaws (this list is
not exhaustive) and merits much closer scrutiny:

• Does not include explicit language that the covenants included therein run with the land.
• The agreement is overly vague, failing to include such important details as affordability
periods, a specific recruitment and hiring timeline for local jobs, the governance and
structure of the Magic City Innovation District Foundation (which serves as a non-
transparent catch-all for all fund for community programs) and loose commitment to
partnering with an educational institution, though that is a key element in an innovation
district.
• DA in Paragraph 21 calls for ten (10) Alcohol Service Establishments (outside of Food
Service Establishments that may serve alcohol) that are exempted from Chapter 4 of the
City Code or Miami 21 from any restrictions on the maximum number or location of
Alcohol Service Establishments, including distance restrictions from churches, residential
districts and schools, whether inside or outside of the SAP area. This will particularly harm
many of the entities forming part of the CONCERNED LEADERS group that are

E. CONCLUSION

For the foregoing reasons, the members of the CONCERNED LEADERS OF LITTLE HAITI,
object to the Magic City SAP development and ask that the City Commission take a much finer
look at the content of the project and work with the community to secure greater, more appropriate
benefits before approving the SAP.

Dated: September 26, 2018 By: _______________________________

Meena Jagannath, Esq.
Florida Bar No.: 102684
meena@communityjusticeproject.com
3000 Biscayne Boulevard, Suite 106
Miami, FL 33137
Telephone: (305) 907-7697

17
 CONCERNED LEADERS OF LITTLE HAITI

Marleine Bastien Fr. Reginald Jean-Mary

Executive Director Notre Dame D’Haiti Catholic Church
Family Action Network Movement (FANM)

Jean (Mapou) Denis Gepsie Metellus

Owner Sant La
Libreri Mapou

Monseigneur Fritz Bazin Fr Smith Milien

Episcopal Diocese of South East Florida St. Paul et les Martyrs d’Haiti

Pastor Erick Jules Dr. Marie Flore Lindor Latortue

One God in Three Persons

Rev. Manes Lafrance Leonie Hermantin

Eben Ezer Haitian Baptist Church Hermantin Consulting

Rev. Lionel Georges Francois Alexandre

Free Methodist Church/Eglise Methodiste Libre Konscious Kontractors

Rev. Ernand Mompremier

Eglise Evangelique Baptiste Rocher D’Horeb

18
 APPENDIX A

September 24, 2018

Miami City Commission

3500 Pan American Drive
Miami, FL 33133

Re: Revised Request for Intervenor Status for Sept. 27, 2018 Hearing on Magic City SAP

Dear City of Miami Commissioners:

Family Action Network Movement (FANM)1, LIBRERI MAPOU2, and multiple churches in Little
Haiti (“LITTLE HAITI CHURCHES”)3, on behalf of all members of the Concerned Leaders of
Little Haiti4, 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 hearing on the application is on the City of Miami Commission Planning
and Zoning agenda for September 27, 2018 as PZ 12 and PZ 13. The constituent groups of the
Concerned Leaders of Little Haiti, all of which have members, church congregants, or clients who
reside in Little Haiti and some of which have property in the immediate vicinity of the Magic City
SAP area, 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

The pace with which the Magic City SAP application has been moving through the planning and
zoning approval process is disconcerting, as a project of this scale should be the product of
concerted feedback from and consultation with the communities that stand to be most impacted.
Presumably, the series of steps in the SAP approval process under Miami 21 should provide

1
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.
2
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
Little Haiti churches participating and entitled to intervenor status include: One God in Three Persons (Pastor Erick Jules), 495 NW 77th Street,
Miami FL 33150; Eben Ezer Haitian Baptist Church (Rev. Manes Lafrance), 6985 NW 2nd Avenue, Miami, FL 33150; Free Methodist Church or
Eglise Methodiste Libre (Rev. Lionel Georges), 110 NW 71st Street, Miami, FL 33150; Eglise Evangelique Baptiste Rocher D’Horeb (Rev.
Ernand Mompremier), 5860 NE 2nd Avenue, Miami, FL 33137.
4
The Concerned Leaders of Little Haiti formed in response to the large scale developments coming to the Little Haiti neighborhoods. It counts
among its members: FANM, Sant La, Jean Marie (Mapou) Denis of Libreri Mapou, Archdeacon Fritz Bazin representing the Episcopal Diocese
of South East Florida on matters of social justice and ethnic ministry, Father Reginald Jean-Marie of Notre Dame D’Haiti Catholic Church,
Leonie Hermantin, Dr. Marie Flor Lindor Latortue, Pastor Erick Jules of the One God in Three Persons First Baptist Church and other pastors
mentioned above, Francois Alexandre of Konscious Kontractors and other leaders, all of whom serve the Little Haiti community.

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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 process5 were collapsed into one day,
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 tract6, and particularly the neighborhood within the City of Miami-designated bounds
of Little Haiti.7 As we have seen occur in Little Havana and other neighborhoods in Miami8, 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.9

As explained further below, many members of FANM, the LITTLE HAITI CHURCHES, clients
of LIBRERI MAPOU and the other entities in the Concerned Leaders of Little Haiti 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.10

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.11 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

5
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/article213459079.html
6
https://statisticalatlas.com/neighborhood/Florida/Miami/Little-Haiti/Population
7
https://www.miamiherald.com/news/local/community/miami-dade/article80151417.html
8
https://www.miamiherald.com/news/local/community/miami-dade/little-havana/article168110927.html
9
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
10
These deficiencies will be fleshed out in a forthcoming submission.
11
Nadege Green, “Cheap Apartments Are Disappearing from Little Haiti,” WLRN, July 25, 2018, http://www.wlrn.org/post/cheap-apartments-
are-disappearing-little-haiti.

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to fall into disrepair in order to sell the property off at higher rates.12 Sant La, a neighborhood
center serving the Haitian community in Miami has had to move to North Miami due to high rental
rates along Biscayne Boulevard. Members of the Concerned Leaders group have had to bury artist
and community leader Joseph Daleus in late 2017,13 who signaled an oncoming crisis in Little
Haiti as he was pushed out of his gallery space in 2015.14

Certain Concerned Leaders of Little Haiti Members are entitled to Intervenor Status

Entities forming part of the Concerned Leaders of Little Haiti 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. All of the below-mentioned entities forming part of the Concerned Leaders
of Little Haiti 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.15

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’
12
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.
13
https://www.miamiherald.com/news/nation-world/world/americas/haiti/article189551389.html
14
https://www.miamiherald.com/news/local/community/miami-dade/article47835450.html
15
A list of names and addresses of affected members will be furnished at the hearing.

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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
from the SAP Area on NE 2nd Avenue.16 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. It counts
among its congregants many residents of Little Haiti who will be impacted by rising land costs,
rental rates, the changing culture and gradual outflux of small businesses that have historically
served the Haitian and Caribbean community. In addition, it risks gradually losing its clientele as
the demographics of the neighborhood change due to displacement caused by rising rents and land
prices.

LITTLE HAITI CHURCHES: The following churches, among others17, are deeply concerned
about the potential impact of the Magic City SAP. They have noticed that as people lose their
homes in the neighborhood, they are also losing members because they cannot find affordable
housing within the neighborhood. Church leaders have observed that some displaced members
have decided to stop going to church altogether.

• One God in Three Persons First Baptist Church (Pastor Erick Jules), 495 NW 77th Street,
Miami FL 33150. The church used to be located at 71st Street and North Miami Court, but
was forced to move as they were attempting to raise the money to buy the property when
another investor up-bid the property significantly. It lost many members as a result. The
church is currently being allowed to use the building at the new address above, but it has
had to limit the services it used to offer to the community, including giving out food to the
community twice a week.
• Eben Ezer Haitian Baptist Church (Rev. Manes Lafrance), 6985 NW 2nd Avenue, Miami,
FL 33150
• Free Methodist Church or Eglise Methodiste Libre (Rev. Lionel Georges), 110 NW 71st
Street, Miami, FL 33150. Due to active speculation in the Little Haiti area, this church has
had to field incessant requests to buy their property. The Church does not want to sell the
property, but it continues to be pressured to do so. Some of its members have been
displaced because their landlords have sold their homes and they had to leave the
neighborhood.
• Eglise Evangelique Baptiste Rocher D’Horeb (Rev. Ernand Mompremier), 5860 NE 2nd

16
Address 5919 NE 2nd Avenue, Miami, FL 33138.
17
Father Reginald Jean-Mary is also a part of the group as representative of Notre Dame D’Haiti Catholic Church, which sits directly across the
street from the Magic City SAP Area17 and serves many Little Haiti residents. In addition to the above concerns, they have raised the particular
issue of the Developer’s request to waive distance requirements for the ten permits for alcoholic beverage establishments from religious institutions
and public schools. Given the proximity of Notre Dame to the Western section of the SAP Area, this waiver would directly impact the church and
its members, including members of FANM.

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 Avenue, Miami, FL 33137.

As these entities 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. While this request is coming from FANM, LIBRERI MAPOU, and the LITTLE HAITI
CHURCHES, these entities are joined together with and are representing the interests of a broader
group of stakeholders taking part in the Concerned Leaders of Little Haiti.

Thank you for your consideration of this request.

Sincerely,

Marleine Bastien
Executive Director
FAMILY ACTION NETWORK MOVEMENT

Jean (Mapou) Denis

Owner
LIBRERI MAPOU

Monseigneur Fritz Bazin

Episcopal Diocese of South East Florida

Pastor Erick Jules

One God in Three Persons

Rev. Manes Lafrance

Eben Ezer Haitian Baptist Church

Rev. Lionel Georges

Free Methodist Church or Eglise Methodiste Libre

Rev. Ernand Mompremier

Eglise Evangelique Baptiste Rocher D’Horeb

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