The controversial Magic City Innovation District won Miami City Commission approval Friday to rise in Little Haiti after elected officials shot down a last-minute push by opponents to stop the project.

Commissioners Manolo Reyes, Willy Gort and Keon Hardemon voted in favor of Magic City after hearing from both sides' attorneys and the public.

Commission Chairman Ken Russell and Commissioner Joe Carollo left by the time Magic City came up for a vote around 1 a.m. after a four-hour review.

Little Haiti residents Warren Perry and Jessica Saint-Fleur, represented by Community Justice Project Inc., a Miami social justice law firm, asked to intervene. State and city laws allow it during city consideration of zoning changes but it slows the process.

Perry's and Saint-Fleur's arguments reflect much of the opposition's concerns voiced at public and community meetings and at least one protest. They say Magic City would price out low- and moderate-income residents.

An economic impact analysis indicated households in the new development would need to earn $75,000 annually. Opponents said the current Little Haiti median income is $24,800.

Opponents also argued new businesses would be unaffordable for current residents. They also argued the overall plan for buildings reaching 24 stories is too big for a neighborhood home dominated by one- and two-story houses, apartment buildings and warehouses.

Hardemon, who represents the neighborhood, sided with the development team's attorney, Akerman partner Neisen Kasdin.

“I don't see any true special damage that is beyond the normal community. I see it as he (Perry) is aligned like others members of the community who have the same interest,” Hardemon said. “I don't think there is any special damage that he faces that we should grant.”

Perry is in a rent-controlled apartment, indicating he would be one of the least impacted by rising property values, Hardemon and Kasdin countered.

Attorney Meena  Jagannath, Community Justice Project co-founder, considered their remarks a slight on renters.

“It cannot be that it's only homeowners that only have an interest in their neighborhood, in the scale of the project. Over 60% Miami residents are renters,” said attorney Meena Jagannath, Community Justice Project co-founder. “If we were to say that the only people who have an interest in the character of their neighborhoods are property owners, then we are saying over 60% of Miami does not have a right to take part in these types of proceedings.”

Perry wasn't petitioning over an increase in the cost of living, added Jean-Luc Adrien, another attorney with the Community Justice Project. Perry was concerned about noise and traffic.

“All these things are specific to him due to the fact that he is close. He will feel those things,” Adrien said.

Hardemon made the motion to dispose of the intervenors' application.

The Community Justice Project and Miami attorney David Winker will appeal in part over the city's argument that Warren can't intervene because he is a renter and not a property owner.

“Commissioner Keon Hardemon and the commission are wrong on both the spirit and the letter of the law. The right to intervene and participate is not dependent on whether one is an owner or a renter,” said Winker, who in the past sued the city over the David Beckham stadium planned for the Melreese golf course.

One issue is the city's finding that the project is in scale with the surrounding area, a determination that violates city code that dictates a project shouldn't be out of scale with the neighborhood, Winker said. The project is too big for Little Haiti and nearby Palm Grove.

The 18-acre mixed-use project — from Northeast Second Avenue east to the Florida East Coast Railway tracks and from the Little Haiti Soccer Park south to the Little Haiti Cultural Center — would add over 8 million square feet of development in 17 buildings.

Development trio Plaza Equity Partner, Metro 1 and Dragon Global, including Cirque du Soleil founder Guy Laliberte as an investor, and their supporters have promised jobs, new business and skills training for the area's many low-income residents.

Neil Fairman, a project partner with Plaza Equity, in the past has said the neighborhood's affordable housing issue doesn't stem from lack of low-priced housing but from stagnant income, and Magic City would fix this.

The project was approved as a special area plan under a zoning code provision offering a give and take between the city and developers for projects over 9 acres. In exchange for building taller buildings and more square footage, developers would give $31 million to the Little Haiti Revitalization Trust for spending on housing, education and aid to small businesses.

This replaced an earlier plan to include 184 affordable and 368 workforce housing units at Magic City, a plan switch that's been a major sticking point as it further incited opponents.

Hardemon has been chided by opponents for not attending community meetings and not representing his district's interests. In his closing remarks, he told opponents their concerns “were not lost on deaf ears.”

“This project that did not have to contribute $1 to this community is doing so,” Hardemon said. “Do I want more money than $31 million? Sure. Is there more money than $31 million that's possibly available?” He answered most likely but noted the dollar amount is more than any neighborhood has received in city history.

The development agreement estimates the project will pump $188 million annually into the economy. They project $27 million in property taxes, $4 million in sales taxes.

Some details were still being worked out Thursday, said city Planning Director Francisco Garcia.

The developers agreed to speed up pay the $31 million at a more accelerated pace to provide $250,000 in scholarships over 10 years, Kasdin said.

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Entertainment or Innovation? 

Developers have touted a plan to attract entrepreneurs and startups primarily in growing technology, creative and communication industries.

Bob Powers, president of the Palm Grove Neighborhood Association, focused on an entertainment element since the agreement allows for the opening of 10 locations serving alcohol.

“It started out as an innovation district that's now turned into an entertainment district,” he said. “All these liquor licenses aren't required for what they are doing.”

They would be in addition to restaurants that can serve alcohol and stay open until 3 a.m. One would have a 5 a.m. closing time, according to the development agreement, which sets no minimum distance between bars. The city code generally sets a 1,500-foot limit.

Magic City didn't return a request seeking comment by deadline on Powers' concerns.

“We are excited that the Magic City Innovation District will become a reality,” Fairman said by email after the vote. “We have been working alongside the community for over two years to develop this innovative project that will bring more jobs, create economic prosperity and preserve the thriving culture of Little Haiti.”

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