I am shocked that this proposed agreement represents the positions of the parties after months of behind the scenes negotiations. Including actual negotiations through face to face meetings throughout 2020. This certainly is not the start. I am shocked that this proposal is even being allowed to come before the council in its present form. You really need to read the proposal in detail. This is not the promised development restriction of 1 unit an acre (which I believe would be 73 units). The proposal is not for 73 units, it is not for 145 that I alleged on June 4, 2020. This is a true MEGA DEVELOPMENT for 177 units – plus. Are you ready for what constitutes the pluses? Here is the long list of pluses to be shoehorned into these 73 acres:
“guardhouse, guard gate, clubhouse and amenity center, boat house, private parks, tot lots, fishing piers, Jacuzzi, bocce court, gazebos, pergolas, fountains, basketball and volleyball courts, gym, manager’s office, catering kitchen, meeting room, fuel dock, repair/service facilities, swimming pools, swimming pool decks, swimming pools at grade, sundry shop, café, marina, dock master’s office, boat slips, launch and boat service, marina parking and amenity parking as well as other accessory uses”
That’s right “…well as other accessory uses” let’s not risk inadvertently excluding anything!
The agend fails to properly set the tone for this meeting. It reads as follows:
“guardhouse, guard gate, clubhouse and amenity center, boat house, private parks, tot lots, fishing piers, Jacuzzi, bocce court, gazebos, pergolas, fountains, basketball and volleyball courts, gym, manager’s office, catering kitchen, meeting room, fuel dock, repair/service facilities, swimming pools, swimming pool decks, swimming pools at grade, sundry shop, café, marina, dock master’s office, boat slips, launch and boat service, marina parking and amenity parking as well as other accessory uses”
That’s right “…well as other accessory uses” let’s not risk inadvertently excluding anything!
The agend fails to properly set the tone for this meeting. It reads as follows:
VILLAGE COUNCIL DISCUSSION AND ACTION ON THE DEVELOPMENTAGREEMENT BETWEEN YACHT CLUB BY LUXCOM, LLC AND THEVILLAGE OF PALMETTO BAY, ATTACHED AS EXHIBIT “A”.
I respectfully suggest that this agenda description be re titled to reflect what should happen:
PUBLIC HEARING AND DETERMINATION BY THE VILLAGE COUNCIL
TO DENY THE PROPOSED DEVELOPMENT AGREEMENT BETWEEN
YACHT CLUB BY LUXCOM, LLC AND THE VILLAGE OF PALMETTO BAY,
ATTACHED AS EXHIBIT “A”, SETTING THIS MATTER FOR A FULL AND
UNENCUMBERED ZONING HEARING WHERE THE RESIDENTS MAY BE
HEARD AND PROPERLY CONSIDERED.
For you GOT fans, To quote Arya: "Not today!" In fact, "Not today, not tomorrow and not in the foreseeable future!"
There are only two possible reasons for this MEGA DEVELOPMENT coming before the council as proposed:
1. The mayor and council want to get everyone info a frenzy and look good by slamming the door and going to court to defend a Bert J Harris claim (which I preferred - in fact I ask that they do!).
2. The mayor and council will allow 145 to 177 units, but deny a significant portion of the remaining proposed scope [including, but not limited to the fuel marina, live aboards (increasing residential above the current proposed 177 units) , the MEGA amenities and any commercial that would expand this proposed development above a simply residential community]. (political gamesmanship of saying ‘it could have been worse)
2. The mayor and council will allow 145 to 177 units, but deny a significant portion of the remaining proposed scope [including, but not limited to the fuel marina, live aboards (increasing residential above the current proposed 177 units) , the MEGA amenities and any commercial that would expand this proposed development above a simply residential community]. (political gamesmanship of saying ‘it could have been worse)
Everyone should be pushing for the nuclear option, #3 - DENY and defend Palmetto Bay in court. Hold an actual, properly noticed zoning hearing and determine reasonable developmental rights for this property.
But don’t say I didn’t warn you. This Luxcom matter is serious and I believe it has been treated as a political football, not a serious land development issue. CLICK HERE to read the full agenda and the proposed agreement.
The Project Plan consists of a residential community of up to 177 residential dwelling units and accessory uses as allowed within the PAD zoning district, including, but not limited to, an entry feature, guardhouse, guard gate, clubhouse and amenity center, boat house, private parks, tot lots, fishing piers, Jacuzzi, bocce court, gazebos, pergolas, fountains, basketball and volleyball courts, gym, manager’s office, catering kitchen, meeting room, fuel dock, repair/service facilities, swimming pools, swimming pool decks, swimming pools at grade, sundry shop, café, marina, dock master’s office, boat slips, launch and boat service, marina parking and amenity parking as well as other accessory uses as may be allowed in the PAD zoning district. The density and regulations governing the development of the Property, shall be as follows:
The administrative approval process by the Village shall not prohibit the development of the Project so long as the development is in substantial compliance with the Project Plan. The minimum lot sizes for the development will be 5,000 square foot lots and the setbacks listed above are recognized as the minimum setbacks for the Project Plan. The setbacks provided above are the setbacks requirements as measured to the structure of the homes and do not include additional and separate structures or terraces. To the extent that additional structures are provided on the lots, such as amenities for the residential homes, including gazebos, pergolas, swimming pools, swimming pool decks, swimming pools at grade, summer kitchens and other structures, the minimum rear setback will be 2 feet 5 inches for such structures. So long as the plan for development complies with Section 4 of this Agreement, the Developer shall be entitled to pull building permits.
Negotiations have been ongoing. Now there is a special council meeting set for Wednesday, September 9, 2020, in order to
PRIOR RELATED POSTS AND OPINIONS:
But don’t say I didn’t warn you. This Luxcom matter is serious and I believe it has been treated as a political football, not a serious land development issue. CLICK HERE to read the full agenda and the proposed agreement.
The Project Plan consists of a residential community of up to 177 residential dwelling units and accessory uses as allowed within the PAD zoning district, including, but not limited to, an entry feature, guardhouse, guard gate, clubhouse and amenity center, boat house, private parks, tot lots, fishing piers, Jacuzzi, bocce court, gazebos, pergolas, fountains, basketball and volleyball courts, gym, manager’s office, catering kitchen, meeting room, fuel dock, repair/service facilities, swimming pools, swimming pool decks, swimming pools at grade, sundry shop, café, marina, dock master’s office, boat slips, launch and boat service, marina parking and amenity parking as well as other accessory uses as may be allowed in the PAD zoning district. The density and regulations governing the development of the Property, shall be as follows:
The administrative approval process by the Village shall not prohibit the development of the Project so long as the development is in substantial compliance with the Project Plan. The minimum lot sizes for the development will be 5,000 square foot lots and the setbacks listed above are recognized as the minimum setbacks for the Project Plan. The setbacks provided above are the setbacks requirements as measured to the structure of the homes and do not include additional and separate structures or terraces. To the extent that additional structures are provided on the lots, such as amenities for the residential homes, including gazebos, pergolas, swimming pools, swimming pool decks, swimming pools at grade, summer kitchens and other structures, the minimum rear setback will be 2 feet 5 inches for such structures. So long as the plan for development complies with Section 4 of this Agreement, the Developer shall be entitled to pull building permits.
Negotiations have been ongoing. Now there is a special council meeting set for Wednesday, September 9, 2020, in order to
PRIOR RELATED POSTS AND OPINIONS:
I posted my legal & personal opinions on Thursday, June 4, 2020, noting at that time that the Village of Palmetto Bay was alleged to have made the following offers to LUXCOM (noting then that it there was nothing in writing that was made to available to the public):
· 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.
MY UNSOLICTED LEGAL PERSONAL OPINION? This needs to go to a full zoning hearing where the public can fully participate in evidence and the council needs to render a proper zoning decision – get back to the ‘promised ONE 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.
The tool box:
January 22, 2020, LUXCOM and the Bert J Harris claim against Palmetto Bay: Is the planning letter of November 30, 2018, a "$21 million dollar letter"? Is this a $21 million dollar letter? Luxcom appears to believe so.
January 17, 2020, A medium length primer on Bert J. Harris Act claims. What we can expect (including a timeline). Link to Bert J Harris Act provided.
February 9, 2020, Property analysis - the tool box - trend of development report prepared by the firm of Calvin, Giordano & Associates, Information relevant to the Luxcom Bert J Harris Act claim (part of a series).
January 8, 2020, Miami Today (online version) Palmetto Bay hospital zoning battle in court - Written by Gabriel Poblete on January 7, 2020
There are more than 30 prior blog articles relating to LUXCOM - CLICK HERE
· 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.
MY UNSOLICTED LEGAL PERSONAL OPINION? This needs to go to a full zoning hearing where the public can fully participate in evidence and the council needs to render a proper zoning decision – get back to the ‘promised ONE 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.
The tool box:
January 22, 2020, LUXCOM and the Bert J Harris claim against Palmetto Bay: Is the planning letter of November 30, 2018, a "$21 million dollar letter"? Is this a $21 million dollar letter? Luxcom appears to believe so.
January 17, 2020, A medium length primer on Bert J. Harris Act claims. What we can expect (including a timeline). Link to Bert J Harris Act provided.
February 9, 2020, Property analysis - the tool box - trend of development report prepared by the firm of Calvin, Giordano & Associates, Information relevant to the Luxcom Bert J Harris Act claim (part of a series).
January 8, 2020, Miami Today (online version) Palmetto Bay hospital zoning battle in court - Written by Gabriel Poblete on January 7, 2020
There are more than 30 prior blog articles relating to LUXCOM - CLICK HERE
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