Community misconceptions, a desire for a more accurate understanding, and a willingness to further explore how Key Biscayne could be “protected” from Florida’s Affordable Housing (Live Local) Act led to a consensual postponement of an ordinance establishing minimum square footage standards for mixed-use developments along the Crandon Boulevard corridor.
Village council members heard outcry from several speakers who believed that a mix of at least 65% residential and 35% commercial, as called for in the ordinance, would result in higher population density on the already overcrowded island of more than 14,000 residents.
“This ordinance is designed to protect the commercial area, to protect us from further commercial development,” said Mayor Joe Rasco. “It’s the opposite of what some people have said.”
However, the item was postponed to the council meeting on August 27.
A mural that reads “Key Biscayne – Life is incredible.”
In the meantime, the public will have an opportunity to voice their concerns and learn how the community’s stance on this Florida order will help protect the business corridor.
Township Supervisor Steve Williamson, Township Attorney Chad Friedman and Director of Building, Zoning and Planning Jeremy Calleros Gauger will outline the provisions of the ordinance in writing to the public before a final decision is voted on.
City Councilor Fernando Vazquez said the more he listened, the more questions and concerns he had.
“Maybe we owe it to the public to investigate this further,” he said, later supporting Frank Caplan’s motion for a delay. “We (as council members) are here to fulfill the wishes of the public.”
Regardless of what percentages or decisions are ultimately made, Councilman Brett Moss said, “We’re not going to find a panacea right away.”
He was also cautious about all the “what if” scenarios that have been alluded to. “They’re throwing ideas at the developers…” he said.
Caplan was concerned about the community’s attempt to defy the Live Local Act to protect its interests.
“It is not a good idea to incite a state parliamentarian,” he said.
A look at the law
Florida’s Affordable Housing Act (Live Local Act) 166.04151 states: “A municipality that designates less than 20 percent of the land area within its jurisdiction for commercial or industrial use need not approve a multifamily housing project pursuant to this subsection in areas zoned for commercial use unless the multifamily housing project is a mixed-use residential development.”
“In cases (like) Key Biscayne, where there is very little land available for commercial space, the projects cannot be exclusively residential but must be mixed-use and include commercial space,” Friedman said.
The law requires that mixed-use buildings have at least 65% of their space dedicated to residential use. However, state law does not specify how much of the other 35% of the mixed-use must be dedicated exclusively to commercial use.
“With this in mind, Key Biscayne has proposed an ordinance requiring that 35% of the space in a mixed-use building may include uses specified in the business district zoning, such as offices and retail (permitted) and gas stations (conditional),” Friedman said.
According to the municipality, the proposed changes are consistent with the overall plan, do not change building sizes, and will increase property values and the quality of life in the municipality.
The regulation limits the proportion of affordable housing to 65%. Currently, the Live Local Act would allow developers to build on up to 100% of a site.
The board of the Key Biscayne Neighbors Association warned residents last week about a possible gentrification of the business district.
Moss asked this question on Tuesday evening and received assurances that no rezoning would occur in this context.
“It’s not an upzoning … we’re not allowing mixed use in any way; we’re trying to do the opposite,” Moss said. “(This) is to make sure that mixed use doesn’t happen. Changing this code has little impact on us, but rather on what might come.”
The problem on Key Biscayne is the lack of commercial space.
Councilman Ed London pointed out that a developer could put 95% of the residential space in one building and only allow a small store, maybe 5%, in the bottom corner, thereby “destroying our commercial space.”
“It’s very good that we’re making this change,” Moss said. “What people were saying was wrong.”
Moss and Caplan will conduct some “preparatory discussions” on the issue before the Aug. 27 council meeting to ensure the community has explored all options to further tighten the ordinance, as Vazquez requested.
“Let’s take it step by step,” Williamson said.
Speakers who called for a delay or closer review of the ordinance included former Mayor Mayra Peña Lindsay, property manager Michele Estevez, mayoral candidate Charles Collins and Robert Duzoglou, a business representative from the Key Biscayne Chamber of Commerce who wanted to preserve what he called a “dwindling” business district.
Lindsay called the issue “complicated,” saying, “People are nervous; they don’t understand it… the uncertainty is very worrying.”
Collins, who jokingly referred to the state legislation as the “poison pill amendment,” said only one of 67 counties, Monroe, “has figured it out,” and he, too, is in the dark about what a village ordinance could accomplish.
