LUXCOM - Tuesday, July 14, 2020 is mediation day. a day that will set the future of development in Palmetto Bay. Some thoughts.

Residents of Palmetto Bay were promised 1 unit an acre at the LUXCOM property, formerly known as the FPL property. So how is that working out?This is another of a series of updates relating to this land use issue that may set a precedent for years to come.

The "mediation" is set for Tuesday, July 14, 2020. I put the quotes around mediation as there is no Bert J Harris claim lawsuit filed, at least yet. Pre-suit mediation do happen by agreement of parties, but the fact of this matter is that this matter could have been worked in the public through a zoning hearing, where residents could have attended and put in their testimony, their input into the final numbers. 

At last check, the negotiations offered by Palmetto Bay officials included the following:

• 145 units (which is significantly more than the 1 unit per acre limitation imposed by Palmetto Bay - promised to residents by this mayor and council)
• Revert the zoning back to "institutional" but specifically excluding a use for a hospital, or
• Participate in binding arbitration

The one unit an acre zoning was represented as fully defensible by both the Mayor Cunningham and Vice Mayor DuBois. If this is true, then why the offer for significantly more units? Once again, the issue is whether this promise and council action - setting one unit an acre - will be aggressively defended or will the political realities and promise breaking rear its ugly head once again. 

Perhaps this is less about political promises, but in reality demonstrates that the current administration is out of their depth, unable to fully grasp zoning issues and property rights.

Should the council exceed 1 unit an acre? The bottom line: LUXCOM has few true expectations of unit rights. Why?

• They purchased a property known to be contaminated. A known health risk not just to the site, but to surrounding areas.
• Due to the contamination, there is a valid argument for ZERO units per acre.
• The majority of the site had only been used for power plant production, not residential (and is also the reason for the contamination).
• The area to the north is in a differing jurisdiction, Coral Gables - which has its own zoning / land use codes, rules & regulations; what I considered to be a 'hard wall' against liberally applying any trend of development into Palmetto Bay.
• The area and few houses (caretaker houses) were zoned 5 unit and 1 unit per acre in the applicable close proximity. This would support reasonable zoning decisions of between 15 - 65 units on this entire property.
• Hearings were held on the legislation establishing the 1 unit per acre designation.
• (There are many more reasons not included here)

LUXCOM is significant. This may be the first time ever that a Palmetto Bay mayor and council upzone any property, increasing density. This property has important distinctions from the Palmetto Bay Village Center (PBVC). First of all, back in the 1980s, the PBVC won a court-order right (against Miami-Dade) to over 1,400 residential units on the 80 acres long before Palmetto Bay residents ever though of becoming a municipality. Palmetto Bay officials have worked hard to whittle down the number of units over time. LUXCOM is an attempt to actually INCREASE the number of units.

But now is not the time to interject, let's see what happens. Perhaps Palmetto Bay Village Officials will keep their promises and fight to reign this project in and keep the 1 unit an acre designation that was promised to the voters, the residents of Palmetto Bay.

Fair questions:

• How long will we be kept in the dark as to any agreement reached at this mediation? 
• Will an impasse be announced the same day? 
• Will a proposed settlement be announced or will we have to wait until the proposed settlement is released in an agenda for a special council zoning meeting to approve the proposed settlement? 
• What happens if a majority of the Village Council rejects that proposed settlement, or, 
• One possible result being talked about - an announcement that no agreement was reached; that an update mediation will take place after the respective attorneys confer with their respective clients (one possible translation: pushed off until after the upcoming elections).

PREDICTION: Mediation will start, but will suspend and reset for another day further down the road, preferably after the upcoming elections.