Despite threats from the developer and the advice of their own lawyer, South Miami commissioners rejected affordable housing for senior citizens.
Beneficial Communities released this rendering of their Metro South Senior Apartments, 6101 Sunset Dr, across the street from City Hall. Commissioners did not approve the project.
South Miami commissioners voted against an affordable housing complex for seniors across the street from City Hall Tuesday. Now the developer says he will file a federal lawsuit against the city.
Beneficial Communities, a for-profit developer from Sarasota, was planning on building Metro South Senior Apartments at 6101 Sunset Dr. The company depends on government reimbursements to fund construction for low-rent apartment projects.
Commissioners were not happy with the height of the building. During negotiations, the developer agreed to lower the height at the expense of reducing parking space to one per unit. The city requires two spaces per unit and a third space for guests. In a March 20 memo, the city’s planning director, Christopher Brimo, defined the parking rule as “excessive based on national standards, which typically require 1 to 1.5 spaces per residential unit within transit districts.”
Commissioners voted 4-1 against moving forward with Metro South’s plan, with Mayor Philip Stoddard dissenting.
Commissioner Valerie Newman said one parking space per unit was not enough. The developer submitted a compilation of professional studies from independent sources to support their claim. But that did not persuade Newman.
“Developers come to this city, come before this board with traffic studies on a regular basis, but common sense prevails in this seat. … I don’t buy your parking study,” Newman said. “I don’t believe that this is enough spaces.”
City Attorney Thomas Pepe said he was concerned about a lawsuit and asked commissioners to consider allowing the eight-story height in exchange for more parking spaces.
The developers’ Miami attorneys, Amy Brigham Boulris and Simon Ferro, told commissioners that federal law justified the developer’s request for exceptions.
Federal acts mandate that the city “should not impose policies that have an impact on people with disabilities” and “should make reasonable accommodations so that people with disabilities may enjoy dwellings to the same extent as others,” Ferro said Tuesday.
The developers’ proposal included 106 spaces — 91 spaces for residential and 15 for commercial property. In addition, the company also agreed to fund an independent parking study after a year, and to pay the city $1,000 per parking space, if needed. The price per space escalates 5 percent annually without a cap.
The project was designed to have 72 units for retirees and 19 disabled-accessible units. Most of the units were 1-bedroom and efficiencies. The monthly rent ranged from about $300 to $700.
The developer also argued seniors who qualify to live in their projects usually don’t own cars because they can’t afford them.
The land — less than 1 acre valued at about $1 million — is walking distance from Metrorail, a hospital, a public library, restaurants and shops. Also, renters would benefit from free shuttle service.
Commissioners Bob Welsh and Walter Harris feared that granting the code variances could cause problems for residents and change the character of the city.
“We already have two major hospitals. We already have a senior center. We already have a home for the psychologically imbalanced, two of them, hospitals for mentally recovering people. We have two public housing facilities,” Harris said. “I don’t know what this city is turning into … It is falling apart.”
Vice Mayor Josh Liebman said he was worried about granting “too many variances” and “rushing the process” because that is “when mistakes are made.”
The negotiation took several months. After an unfavorable vote on a zoning change March 20, the developer turned to Florida Land Use Environmental Dispute Resolution Act (FLUEDRA) mediation. The act was adopted in 1995 to help property owners negotiate rules.
On June 29, the developer submitted modifications, and the commission agreed to consider the matter at a public hearing.
During the negotiations, the developer agreed to avoid exemptions that could affect the taxable value of the property. He also agreed to improve pedestrian cross-ways, maintain landscaping in perpetuity, and to contribute $250,000 toward an off-site park. He also committed to rent out commercial property to a small restaurant.
“I feel like we have gotten almost everything we have asked for here,” Stoddard said.
But it was not enough for the other commissioners. The developer asked West Palm Beach attorney James K. Green, to file the federal lawsuit against the city.
“We think that the city’s 2:1 parking ratio is a policy that is unfair and unnecessary,” Green said. “My clients made every effort to work this out amicably.”
The developer is accusing the city of violating the federal American with Disabilities Act (ADA) and the Fair Housing Act (FHA). The ADA, established in 1990, prohibits discrimination on the basis of disability, and the FHA, a 1968 civil rights law, prohibits arbitrary restrictions on groups such as seniors.
Green said affordable housing providers have standing to protect the rights of the prospective residents, because often the disabled don’t have the ability to enforce their own rights.
“The last few cases that I have litigated against Sarasota County, the City of Boca Raton and the City of Delray Beach under the America’s with Disabilities Act and the Fair Housing Act cost those local governments at least $5 million,” Green said. “We anticipate seeking substantial damages as well as injunctive relief.”
The developer also plans to file a complaint with the U.S. Department of Housing and Urban Department and will ask the U.S. Department of Justice to initiate an investigation.
“There is a significant shortage in affordable housing in Miami-Dade County, South Dade and the surrounding areas,” Green said. “Protecting fair housing strengthens our community and our nation.”
Miami Herald
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