The Miami Herald

Posted December 3, 2005

Alvarez veto holds urban line

Miami-Dade County Mayor Carlos Alvarez vetoed a push to expand development near the Everglades.

BY NOAKI SCHWARTZ AND TERE FIGUERAS NEGRETE nschwartz@herald.com

Click here to read the mayor's veto message and its response (2.8MB PDF file)

In a sweeping bid to stop development from edging closer to the Everglades, Miami-Dade Mayor Carlos Alvarez on Friday vetoed applications to expand the county's Urban Development Boundary.

Alvarez vetoed a package of building proposals affecting the UDB that the County Commission sent to the state this week for further review. But the commission can override Alvarez's veto when it meets on Tuesday.

If the veto stands, the proposals are dead, although they can be resubmitted in two years.

The move endeared Alvarez to those fighting changes to the urban development line. They said the mayor showed political mettle in standing up to Miami-Dade's influential development industry.

But critics -- including several commissioners -- said the veto was a hollow gesture that threatens even noncontroversial, well-planned projects. That's because the package sent to the state includes not only the residential and commercial proposals to expand the UDB but also applications to change the use of areas well inside the line. Those include projects held up as examples of good urban planning, supported by even the staunchest anti-development commissioner. Among those:21 acres of residential and commercial projects on Biscayne Boulevard near Northeast 112th Street and a 1,300-unit development in South Dade's Perrine neighborhood.

''He has taken a blunt instrument to this,'' said attorney Jeffrey Bercow, who has three clients applying for zoning changes within the boundary. He also represents Eureka Palms, which seeks to bring 300 acres of land inside the urban boundary line in order to build single-family homes.

''It's pure politics, and I don't think it's good policy,'' Commissioner Carlos Gimenez said of the veto.

Alvarez said the commission could have separated projects inside the boundary from those outside it. He also said they could have made a final decision on the projects.

''They could have put an end to the endless lobbying of officials. They didn't,'' Alvarez said. 'Instead of dealing with the issue, commissioners chose to wash their hands of this political `hot potato.' ''

The Urban Development Boundary, which runs mainly along the southern and western edges of the county, was established in 1975. It restricts any development outside the line to one dwelling per five acres.

Preservationists say the line is needed to deter urban encroachment on the Everglades, preserve water resources and protect the county's remaining farmlands. Developers and their allies say population growth will require that the line be extended.

At a news conference, Alvarez said developing outside the present line will increase traffic, strain police and fire rescue services and require the construction and staffing of new schools without adequate funding.

Alvarez also said he was concerned about the board's decision to send many of the applications to Tallahassee for review without indicating where local officials stand on them. He reasoned that between staff, the planning advisory board and community groups, commissioners have enough information to make decisions about the building projects.

''This veto is more than just "Holding the Line,'' he said, alluding to an opponents' group. ``It's about holding elected officials to a higher standard and forcing them to make tough decisions when our quality of life is at stake.''

Commission Chairman Joe Martinez shot back in a written statement that commissioners want to make informed decisions with state input.

He also chastised the mayor for failing to engage commissioners before they voted on Wednesday, saying that the mayor has been welcome to speak at their public meetings ``but the podium has always been noticeably empty.''

Martinez and the other 12 commission members will have the chance to override the mayor's veto on Tuesday with a two-thirds vote.

Proposed changes to the boundary include plans for a 300-acre housing development at the western end of Eureka Drive in Southwest Miami-Dade, a commercial development on a landfill site by the city of Hialeah and possibly a Lowe's Home Center at the edge of Kendall.

Commissioner Katy Sorenson will support the veto. She said the threat of expansion outweighs potential benefits of the other applications. She plans to ask county attorneys to look into separating the applications -- but notes that that could prove tricky.

''We're in uncharted territory,'' she said.

Friday's veto is another chapter in the fractious battle over moving the urban boundary line -- a battle which exploded this year following an unprecedented number of applications seeking to expand the amount of developable land in the county.

Miami Lakes Councilman Michael Pizzi, whose municipality is one of several that publicly came out against UDB expansion, applauded the mayor's veto.

Alvarez conceded the commission could override his veto, but said he felt compelled to get his objections on record now.

"I'm just trying to do what's right and quite frankly -- this is a no-brainer.''