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Archives for
CRA
- 24 Oct 04 U.S. SUPREME COURT TO
HEAR KEY EMINENT DOMAIN CASE
Kelo v. City of New London, Connecticut. Last October, the United States
Supreme Court agreed to hear a case that will determine if local governments
can use the power of eminent domain to force homeowners and small business
owners off of their land so that their properties can be handed over to
higher tax-generating shopping malls and business complexes.
The government power of eminent domain is a limited one -- i.e., government
must pay fair market value for private property, and can only take it for
"public use." Traditionally, public use meant building roads, schools, city
hospitals, and other public facilities. But activist courts have given the
term a broad meaning so as to encompass any economic benefit to a community.
Thus, land use regulators across the country are abusing the power of
eminent domain to force the sale of homes to build parking lots for casinos
and hotels, or to force the closure of a church or small business to make
way for a retail giant, strip mall, or office building complex.
In this case, the Connecticut Supreme Court authorized the town of New
London to take the properties of Susette Kelo and other landowners to clear
the way for construction of a hotel, conference center, health club, and
marina. The city's actions are part of a plan to complement a new research
facility for the Pfizer pharmaceutical company. The state high court sided
with the city ruling that the mere promise of additional tax revenue
justified the eviction of long-time homeowners. PLF is preparing a friend of
the court brief in support of the property owners arguing that local
bureaucrats cannot dispossess private landowners of their properties to
generate more tax revenue.
Related press report:
Forum: Eminent Property Justice
Washington Times, October 24, 2004
- 02 Sept 04 Worth reading from Miami News
Times...
Originally published by Miami New Times Sep 02, 2004
Bored
with the CRA
South Miami City Commissioner Craig Sherar and some of his
constituents are on a mission to kill the city's embattled and
controversial community redevelopment agency. "The CRA is nothing more
than a black hole," gripes local resident and vocal CRA critic Valerie
Newman. "We need to get rid of it."
Created
by the South Miami City Commission in 1997, the CRA is charged with
revitalizing the area bounded by SW 62nd Street on the north, Sunset
Drive on the south, 62nd Avenue on the west, and 57th Avenue on the
east. Under an interlocal agreement adopted in 1999 by the CRA, the
city, and Miami-Dade County, the CRA receives roughly 50 percent of the
ad valorem taxes generated by the properties within the CRA's designated
area -- tax money that would otherwise go to the city's general fund.
The CRA also receives state tax incentives through the county's Office
of Community and Economic Development. Although the CRA is independent
of the city, the city commission serves as the CRA board of directors.
The CRA has the power to take people's properties through eminent domain
and to dole out grants to landowners and investors who want to redevelop
properties within the CRA's area.
To date,
the South Miami CRA has collected more than three million dollars in
taxpayer money to fund its operations and the redevelopment of homes and
businesses in blighted neighborhoods. But Sherar, Newman and other
residents have long complained that the CRA has done little to
revitalize the area, which includes the Shops at Sunset Place and other
not-so-blighted commercial properties near and along Sunset Drive. For
instance, the CRA has doled out roughly $53,000 to local homeowners for
upgrades on the facades of their houses and other home improvements. Yet
the CRA has spent more than a half million dollars on consultants. "When
you do an analysis," Sherar notes, "you can see we are not getting
anything in return."
Now the CRA is scrambling to extend the
interlocal agreement, which expired last year, with the city and the
county so it can continue to receive funding. "They were supposed to
have a plan submitted to the county in January," says an exasperated
Newman.
At the CRA's August 24 meeting, a visibly angry Sherar
did his best to kill CRA director Joseph Gibson's request to pay a
consultant $124,250 to help the agency develop a new plan that would
extend the CRA for the another 25 years. Although Sherar's bid failed,
he succeeded in cutting down the number of years from 25 to 10. Gibson
did not return phone calls seeking comment.
- 17 Aug 04 City revises CRA ground
rules.........only 60days after committing to direction.
CRA Update
The City Commission
created a Community Redevelopment Agency (CRA) earlier this year as a means of
financing infrastructure costs along Front St. in hopes of encouraging
development along the Amelia River Waterfront. The City hired Ivey Planning
Group, an Orlando-based planning group, to create a Waterfront Development Plan.
In early April, they conducted Charettes to take public input regarding the
redevelopment of the waterfront. The Charettes were well attended and provided
a strong vision by the public as to what they wanted to see along the waterfront
area.
A CRA is a powerful tool
that has the potential for abuse because the CRA's governing body (in this case,
the City Commissioners) yields power for up to 40 years and has more lenient
powers of eminent domain. CFOF does not believe that the redevelopment of the
City's waterfront requires a CRA to accomplish its goals. When the boundaries
of the CRA area were extended to residential neighborhoods north and south of
the waterfront area, CFOF came out publicly against the CRA. We felt that the
neighborhoods were being used as 'cash cows' to fund the improvements that would
primarily benefit property owners outside the neighborhoods. CFOF organized
neighborhood meetings to inform the property owners of the potential
implications of being included in a CRA's 'blighted area', and assumed an active
role in the public input portion of the City's meetings concerning
the adoption of the CRA.
On June
15th, largely due to this effort and the widespread support these
activities generated, the City made a number of key modifications to the CRA
Plan including: removal of the residential areas; shortening the life of the CRA
from 40 years to 20 years; and, pledging that the CRA funds would not be used
for the Marina improvements or to improve private property.
Unfortunately, those promises made on June 15th appear to have been
short-lived. At the Commission meeting on August 17th, with minimal notice the
City approved a resolution directing City Staff to evaluate the CRA with the
following reversals from its original directive: extend the duration of the CRA
to 30 years; and, to include the Marina improvement effort in the list of
CRA-funded projects. The City is indicating that a new Waterfront Development
Plan will be developed using these guidelines. It is unclear as to whether Ivey
Planning Group will be utilized to conduct this work or whether the City will
engage a different firm. CFOF will continue its active participation in this
project and we invited
interested
citizens to join us. You can monitor the latest developments through
this website.
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15 June 04
The
Commissioner's are sending the waterfront "Plan" back to the drawing
board and will spend anywhere between $8,000 and $30,000 to do this.
Also, Commissioners are saying they want a more detailed plan
without identifying the specifics of what info will satisfy their
needs. It may be that Ivey Group is not the correct entity to
provide the specifics they want. Possibly
the Commissioners would set aside time to hold a workshop.
- From the beginning
the Commissioners felt it very important to be seen as a 'do something'
board and hence they adopted an unrealistic timeline where every
activity and action was being compressed into extremely tight
scheduling to meet an unrealistic June 30 deadline.
Oh well, we can
dream of a well thought through
efficient planning that can only be achieved with a vision of the
big picture...
CRA Opponents
Launch Orange Ribbon Campaign
Fernandina Beach, FL – June 9,
2004 – The Community Redevelopment Area/Agency (CRA) opponents have
launched an Orange Ribbon Campaign “to visually display our unified
opposition to the City’s intent to proceed with any CRA plans in our
neighborhood.”
The City Commissioners, acting as
the Community Redevelopment Agency Board, are expected to vote on the
CRA Master Plan at the next City Commission meeting on June 15th.
They received public input at the last meeting June 1st and
stated they will receive public input again on June 15th
prior to their vote. As CRA opponents, we must continuously remind them
in as many ways as possible that this is not something they can
implement unnoticed. We have noticed, we are against the CRA, we have
and will voice our opposition, and now we will visually display it with
a unified color, orange.
The color orange was selected
after careful research, finding it to have the following attributes and
symbolism: highly visible, catches attention, less aggressive than red,
determination, encouragement, strength, endurance, kinship, sudden
change of luck, power, control of the situation, general success,
property deals, legal matters, justice, drawing good things, proud, self
sufficient, urge to achieve results or success. Orange also represents
a new home, which to us reflects our hope to maintain our property
rights and to release the label of “blight” from our home, a rebirth of
sorts. Orange also symbolizes cultural diversity and we are proud to
celebrate such in our neighborhood; we have varied races, ages,
religions, wealth, residents with property roots dating back many years
along with recent buyers, and local natives along with transplants from
other areas.
So, look for the color orange in
ribbons around our trees, ribbons on our cars, perhaps even in our
clothing. We are the CRA opponents, we are culturally diverse, we are
unified in our fight, we are determined to protect our property rights,
and we say, “NO CRA!”
Contact:
Betty Cox
415 South 4th
Street
Fernandina Beach, FL
32034
Phone: (904) 321-0650
bettycox@bellsouth.net
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Waterfront development on horizon
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City
Manager Bob Mearns
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"A public/private partnership
with the city" has been proposed that could lead to
development of shops and a private marina just north of the
city marina on the Amelia River, City Manager Bob Mearns
said.
Mearns, who met with the property owners May 19, said they
provided few details but did indicate plans could include a
mixed-use development including shops such as a ship's
chandlery and a private marina extending into the river.
George Vuturo of Washington, D.C., and his wife Dorothy, own
water use rights and one of the two parcels of land on the
river between the city marina and Tringali Bros. Shrimp Co.
The Vuturos' company also owns the FCX building on Centre
Street.
Vuturo said he told Mearns about "nine" different
development options but declined to be specific about them.
"We've got a variety of options . . . that echoes some of
the stuff the (Community Redevelopment Agency) is talking
about .
Read
Entire Story
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Wednesday, May 26, 2004 - Edition
EDITORIAL
Yes for the waterfront; No to CRA
Fernandina Beach Commissioners are set to
consider Tuesday an Amelia River waterfront master
plan and ordinance establishing a trust fund for a
Community Redevelopment Agency, or CRA. We urge commissioners to reject both. We support waterfront redevelopment but remain
unconvinced that this particular plan should guide
it and that a CRA is vital to its success. There
remain too many unanswered questions, and
implementation of the plan should be delayed until
these are answered to the public's satisfaction.
Here are a few: -- What, precisely, is the plan? There is a general
consensus that we don't want high-rise condos or
overdevelopment, that we want to preserve views and
public access to the river. But what will our
riverfront look like in 10 years? We don't believe
the vision has been effectively communicated to the
public. -- What will become of our city marina? No clear
vision has been imparted about our marina, which is
the centerpiece of the riverfront. It's listed as
the number-one objective in the plan, yet our city
manager says the plan originated to improve
infrastructure for waterfront industries, not to
provide money for marina improvements. Which is it? -- Who will profit from CRA-financed improvements?
Owners of private property due north of the marina
have suggested "a public/private partnership" with
the city but few details have been made public.
Public/private partnerships all too often benefit
private parties at the expense of the public. We
want to know more about this deal before the
waterfront plan is approved. -- Why should adjacent residential neighborhoods be
included in the riverfront plan? Commissioners
appear willing to limit the powers of eminent domain
that customarily accompany a CRA. That's good, but
it's not enough. The city called these neighborhoods
blighted because they lack sidewalks and lighting
and moved forward to "improve" them without
consulting residents. Affordable housing was
belatedly added as an objective, but how will this
plan accomplish that? This clearly did not originate
as a plan to improve these neighborhoods, and
shouldn't now be promoted as such. -- How will this diversion of property tax revenues
affect other government operations? At the highest
forecast, the CRA may generate $25 million in new
property tax revenues to spend on public
improvements solely within the CRA district. But at
what cost to other city operations? To county
government? To the schools? -- Why should we trust city government to do this?
Look at the effects of the "revitalization" at Main
Beach, with two oversized "hotels" in place and two
more coming. Is this what we want for our
riverfront? Look at Egans Creek Greenway, the city's
most expensive undertaking in recent years, still
unfinished. There even has been talk of diverting
money from the greenway for riverfront
redevelopment. -- Finally, what's the rush? Riverfront
redevelopment has been delayed for too many years
but we should take our time to do this correctly. A
local waterfront task force spent months on this
project last year with good results but the plan has
since taken on a sprawling life of its own. This plan is not sufficiently focused and has not
been properly sold to the public. We should not move
forward until that's corrected.
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We don't really need the CRA
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The No Spin Zone
Ron Sapp |
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Seldom has a local issue
generated as much simultaneous opposition and
advocacy as the waterfront CRA. Redevelopment
districts and their accompanying redevelopment
agencies are divisive and it doesn't take a
particularly gifted clairvoyant to predict, at least
in our peculiar case, great disappointment and
disillusionment in the minds and hearts of the
non-prevailing side.
There is no debate, however, as to whether or not
city government has been able to generate a
consensus for action on the part of its citizens -
it has not, and in the absence of that consensus it
is up to that government to demonstrate a compelling
need or interest for the establishment of a
waterfront CRA. That compelling need, at least in my
mind, would have to greatly outweigh the real fears
and skepticism of a wary citizenry.
Read
Entire Story |
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Planner: CRA good for neighborhoods
A thriving city marina. "A lively marketplace" for
shrimp down on the docks. A riverwalk and places along it
where the public can enjoy the view. "Stabilization" of
adjoining neighborhoods that preserves their character.
That's the vision a city planner has for a proposed Amelia
River waterfront redevelopment. Opponents of the plan are
missing "the spirit" and overlooking the responsiveness of
city government to criticisms of it, Fernandina Beach
planner Lupita McClenning said Friday.
"Eminent domain was never the spirit of this plan,"
McClenning said, noting the primary criticism leveled
against creation of a Community Redevelopment Area, or CRA,
for the waterfront district.
"Those were the same fears the waterfront property owners
had, and it filtered down to the single-home property
owners," she said.
Read
e Story |
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12 May 04
News-Leader Residents fear city's intent
Would CRA claim homes?
About 45 people, most of them residents in a proposed waterfront
renewal district, met Friday night to learn more about a city plan's
impact on their property rights and future.
The downtown Fernandina Beach residents are uncertain about what the
Amelia River waterfront plan means for them and mistrustful of the
city's intentions.
"Every one of these ordinances they pass takes rights from you and
me every day," said Tony Ferreira, who lives a couple of blocks
outside the waterfront district.
"This is a beautiful place in spite of government, not because of
it," he said.
The meeting, sponsored by Concerned Friends of Fernandina, was a
prelude to consideration of the waterfront master plan by the city's
Planning Advisory Board tonight and the city commission in June.
News-Leader
full Story
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Waterfront plan calls for 'property assembly'
The waterfront master plan suggests "a property assembly
program" that would combine current lots to create larger parcels
for parking or commercial development.
The Community Redevelopment Agency, or CRA, could target
"substandard properties" or "problem" parcels and then seek to
purchase them or assist in their purchase by developers.
"The intent of the property assembly program is to provide suitable
sites for parking and associated commercial development by
aggregating specially targeted or adjacent substandard lots to
create larger parcels," the master plan states.
The plan calls for the city to "encourage acquisition and subsequent
redevelopment by the private market" and then to purchase land
itself if necessary. It suggests the city should:
-- "Identify and inventory all relevant substandard properties."
-- "Document and analyze overall parking demands and constraints
throughout the redevelopment area."
-- "Document site criteria for modern commercial developments by
business type to facilitate the understanding of contemporary
developer site and parking requirements."
"-- Map and index all commercial properties in the redevelopment
area to provide detailed information on parcel boundaries, sizes and
ownership."
-- "The city shall facilitate aggregation and redevelopment of
'problem' or constrained parcels or groups of parcels."
-- "The CRA and city shall assist in the purchase, sale, negotiation
and coordination of land assembly."
-- "To secure the city's and CRA's success, public resources must be
dedicated to fund the mapping and indexing of all properties in the
redevelopment area; funding to research or otherwise obtain
contemporary site development requirements; provision of city
resources and staff time to negotiate acquisitions and
public/private partnerships with potential developers; and funding
to finance land acquisitions by either the city or the CRA (some of
which will be recovered or rolled over as properties are resold)."
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12 May 04
News-Leader Editorial
The threat of eminent domain
Fernandina Beach officials have emphasized repeatedly they
have no intent to use their powers of eminent domain to reshape the
Amelia River waterfront. But dozens of local residents who live in
the newly created waterfront district fear their homes could be
targets.
City officials have made noises about using condemnation powers to
take a parcel of property directly north of the city marina to
create a park and additional boat docks. That might make sense since
the property is now vacant and could be critical to making the
marina the centerpiece of a revitalized waterfront.
But homeowners and business owners in areas adjacent to the
waterfront are rightly worried about what comes next. A proposed
Community Redevelopment Agency, or CRA, would have expanded powers
of condemnation that could be used to take private property for
residential or commercial development or even new parking lots.
The CRA master plan suggests combining lots for just such
development in what has now been tagged a "blighted" area.
The city may disavow such intent now but who's to say what will
happen during the 30-year life of this proposed project. Riviera
Beach, a harbor town on Florida's Atlantic Coast, was 17 years into
its CRA before it was decided to level hundreds of houses in favor
of high-rise condos, larger homes and upscale shops.
That could happen here.
These neighborhoods on the outskirts of the historic district are a
prime target for developers. With the island mostly built out, it's
about to be built up. Redevelopment is the next stage of island
growth.
That means, aided and abetted by their friends in government,
developers could be coming for your home next.
Public hearings are planned on the CRA on June 1 at City Hall.
We encourage you to attend.
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20 Apr 04 City Commissioners appoint themselves to
CRA Board. |
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A concerned citizens
view:
Many of us are just beginning to awaken to the “feeding
frenzy” that plagues Nassau County since Rayonier has decided to go into the
real estate business and convert 37,000 acres to the DRI (Development of
Regional Impact). Each time I drive off the island, I’m astounded at the rate
of sprawl that threatens the ambience of our area.
The next development frontier for Fernandina is the
downtown Waterfront. Planning for its redevelopment is happening now! The City
Commission has delineated a CRA (Community Redevelopment Agency) along the
Waterfront and several blocks to the east of Front Street. The CRA has
established “Tax Increment Trust Fund”. The current assessed base value of the
properties within the CRA is $16.8 million. Within the CRA area, the taxes that
increase in value for the next 20 – 30 years will be transferred to this trust
fund an used for infrastructure improvements for the redevelopment of the
Waterfront.
Redevelopment has begun folks. There have already been
proposals put forward by Compass Group for a multi-million dollar per unit
condominium that would be built south of the present marina parking lot
featuring 12 individual units each with a private elevator, a roof top swimming
pool, and a private marina. Our Waterfront could easily become privatized
and/or commercialized. Is this what we want for our community? What is the
Waterfront we as a community envision? What will maintain the ambience and
small town appeal of our community? Do we really want 45 ft. high condominiums
blocking our access and views to the river?
Ivey Planning Group (IPG) has been hired by the City to
focus design proposals for the Waterfront. They are the group that is also
doing the work for Nassau County and the DRI. Perhaps I’m cynical, but one of
their claims to fame is the development around Disneyworld. Frightening
concept.
IPG in conjunction with the City Commissioners will take
public input on the Waterfront Redevelopment Plan through Waterfront CRA
Charettes. A “Charette” is an envisioning process where the community gets to
be heard. Some in town will be promoting mixed use development – restaurants,
retail space, condominiums and townhouses. I say let’s be more creative in our
envisioning. What if we created parkland that extended from the Rayonier border
(Cooks property) to the south all the way to the Port? What if we created
boardwalks, bicycle trails, and protected view sheds? What if we improve our
Marina and work as a community to preserve our shrimping heritage rather than
see it die out and be replaced by a plastic replica of a shrimp boat? How about
a multi-functional cultural events center which would be open for the summer
months and able to be enclosed for inclement weather? What if we could have
outdoor concerts, Shakespeare, traveling ballet and dance troupes, or even film
festivals at the river?
Fernandina residents are being given a unique opportunity
to enhance and improve our small town. We are being a chance to harness our
collective power as citizens—to specify what is really important for us as a
community.
We need to remember as Vice Mayor Lamb expressed at last
week’s Commission meeting—the squeaky wheel gets the grease. Let’s not pander
to the developers or allow those who will profit the most monetarily to decide
the direction of our Waterfront will grow in. Let’s rise out of our complacency
and have the courage to imagine the community we wish to live in. We need to
take the unilateral pre-emptive strike as citizens to ensure that our community
will be livable for future generations and better than we found it.
Charettes will be held April 1-3 at the downtown Hampton
Inn and Suites, please mark your calendars and please participate. We only get
one chance to do it right!
Julie Ferreira, Fernandina Beach
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