Pinecrest touts its trees. But residents battle mayor over zoning changes
Facing accusations that Pinecrest would be turned into a “city of cement,” the mayor of the affluent community off U.S. 1 is battling a neighborhood activist group that wants to give voters a say in changes to the village’s zoning code.
The proposed charter change, which voters would approve in a special election, has highlighted a divide between two factions of residents: those who say increased density is inevitable as more people move here, and those who believe village leadership has failed to protect the greenery and character of their community.
“As we drove in here, there’s a sign out there on the driveway that says, ‘Welcome to Pinecrest, the city of trees,’” resident Dallas Brown said at the Dec. 13 Village Council meeting. “I’m afraid it’s going to be the city of cement, because we’re putting in all of these apartments, and then we’re putting in parking lots, and then we’re taking away trees.”
During last month’s meeting, the Village Council approved ballot language for the charter amendment on first reading. The second reading is set for Tuesday.
Seeking resident approval to change zoning code
The upcoming referendum, slated for March, seeks to amend the village charter so that 60% voter approval is required to change the zoning code and land development regulations. This would extend to changing definitions of terms in the text, creating a new zoning district and increasing limits on building height and density.
Those changes — typically made by council — would need to go to referendum under the proposal.
The proposal comes from the Concerned Citizens of Pinecrest, founded by resident Laura McNaughton. She is an accountant and retired seafood executive who previously ran for Village Council in 2020.
She said the genesis of the petition was a town hall meeting last January, where Mayor Joe Corradino outlined the Pinecrest Parkway Vision Plan. The village crafted the plan partly in response to the county’s Bus Transit Zone ordinance, which expanded last year to include municipalities within its boundary. Inside the zone, developers can construct mid-rise buildings within a half-mile of existing and planned rapid-transit corridors.
The Pinecrest plan establishes and expands business districts along Pinecrest Parkway, which is on U.S. 1, to allow for mixed-used development in proximity to transit stations. “It’s a 1970s, 1950s version of a strip mall, and just doesn’t have the character that we think is appropriate for the village of Pinecrest,” Corradino said at the meeting, referring to the current commercial corridor.
During the 3.5-hour question and answer period, many residents criticized the project, with one describing it as a “diabolical plan.” Some were concerned that increased density would increase traffic and affect the village’s character. Others were frustrated the village has to follow the county’s rules, though Corradino said the municipalities have no choice but to comply.
In an email to the Miami Herald, McNaughton said the charter change would increase transparency.
“There is a general sense of mistrust in the Village between residents and our elected officials, due to the politicians’ willingness to support land development regulation changes increasing density and adding mixed-use,” she said. “... Our charter amendment, if approved, would prevent the Council from adding density to the remaining areas without approval from the residents.”
Corradino has been a vocal critic of the proposed charter change, saying it will “handcuff Pinecrest going forward.”
“Good local government is amending its code frequently. We do it every year. And the cities that don’t end up with very stale codes,” he said in an interview. “It’s almost a guarantee that things won’t change. And you have to change. There’s just no way that government can be responsive to its citizens freezing its laws.”
Proposal would be similar to Key Biscayne’s
The charter amendment, if approved, would not be unprecedented. The proposed language is verbatim to that of a provision in Key Biscayne’s charter, except Key Biscayne requires a “majority” approval by voters as opposed to Pinecrest’s 60%.
Jeremy Calleros Gauger, director of Key Biscayne’s Building, Zoning & Planning Department, said the provision — while well-meaning — has “unintended consequences.”
He provided a recent example of a park that the village purchased with the intention to install infrastructure to manage stormwater. But Key Biscayne’s code does not allow public utilities in parks, he said.
“So we’re going to have to go to referendum to do something that is and was [the] very clear intent of council and with very popular support,” Calleros Gauger said. “It doesn’t just tie the hands of private development. It certainly also ties the hands of the policy-makers.”
In November, Key Biscayne voted on a referendum that sought to expand the charter provision to also allow zoning code changes through a super-majority vote of the Village Council. Voters turned it down 62% to 38%.
McNaughton pointed to that as evidence for the provision’s popularity.
“Just like the residents of Key Biscayne overwhelmingly ratified this provision,” she said, “we feel the residents of Pinecrest should have the same opportunity to vote on future land development regulations that will impact our quality of life.”
Residents sue the village
In early August, Miami-Dade County Supervisor of Elections Christina White certified 1,759 petition signatures that the Concerned Citizens of Pinecrest gathered, public records show — more than the 10% minimum required.
But it wasn’t until Dec. 21 — over 130 days later — that the village asked the Elections Department about holding a special election, according to emails shared with the Herald.
That inquiry followed the Village Council meeting the week prior, where the council approved the ballot language on first reading.
During that same meeting on Dec. 13, the Village Council also approved ordinances that changed the village’s land development regulations and zoning map, including creating new Pinecrest Business Alternative Districts to allow for more mixed-use development along U.S. 1, and increasing the limits for building height, residential density and square footage. These were the exact type of changes that, should the charter amendment pass, would require 60% voter-approval.
McNaughton alleges the Village Council intentionally delayed the election to grandfather in the changes.
“It is my belief that the Council and their advisers acted in bad faith to delay the election so that they could make changes to the code and impose their will prior to allowing residents the opportunity to have a say in an election,” she said “It’s amazing how politicians forget that they are bound to listen to their constituents.”
In November, Concerned Citizens of Pinecrest sued the village seeking a court order from a judge so the village would call for a special election. The lawsuit noted that Pinecrest’s charter dictates a special election must be held within 60-120 days of a petition’s certification.
“If they had followed the law, the election would have taken place by Dec. 3rd,” said Jesus Suarez, an attorney representing Concerned Citizens of Pinecrest.
“It’s excuses from politicians that don’t want to give up power,” he added.
Village blames residents for election delay
Corradino and Village Attorney Mitch Bierman both denied the allegation. They said the petitioners are responsible for the delay, because they failed to submit “legally sufficient” ballot language in a timely manner. As soon as they had legally sound ballot language in-hand, Corradino said, they added it to the Village Council agenda for first reading.
McNaughton said the obligation to write the ballot language “belongs exclusively to the Village.”
“We submitted ballot language when it became clear they would not comply with their obligation to call a timely election,” she said.
McNaughton said she’s is not deterred by the ordinances passed last month.
“We feel that now more than ever our charter amendment is critical to the Village’s future and its quality of life,” she said. “... Witnessing the changes that have been recently approved clearly justifies the need for this charter amendment to provide check and balance so that next time, the people will have the right to vote to approve the changes.”
Corradino said he hopes for a high voter turnout in March.
“I think it fails if everybody in Pinecrest turns out and votes on it,” he said, adding that the election might help calm the tensions between residents and Village Council.
“Finally we can put this to rest,” Corradino said, “and get back to normal life by just having the people vote on it once and for all.”
This story was originally published January 9, 2023 at 5:30 AM.
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