Opinion: Are we really getting to the end result of the development of the Palmetto Bay Village Center? Performative politics and the violation of Bert J Harris results in the MEGA PBVC.

The FACTS regarding the Palmetto Bay Village Center.

How did Palmetto Bay get to the point where it is offering up so much new density on the 80 acre property? Well, in the past, Palmetto Bay residents and officials worked hard to find a palatable solution (see prior posts relating to the Burger King World Headquarters Charrette and the over 42 meetings).  But while some labored in good faith, other political opportunists saw the potential of his property as a political football -- and assumed that voters were too stupid to realize that the property owner had some rights and would be able to build something.  Unfortunately, they threw rocks, promised to "stop the development" but never - ever - came up with a plan to stop it.  Instead, their lack of vision. lack of leadership and most of all - their lack of knowledge as to when to stop digging resulted in this current MEGA plan never contemplated under the 2008, 2016, or any other plan considered previously.  The Palmetto Bay Village Center (PBVC) matter came off the rails on January 24, 2022 when the mayor at the time (the present mayor) and the council adopted Village Resolution No. 2022-05.  This was the resolution from which the courts determined that the Village (current Mayor) VIOLATED the property rights of the owners of the PBVC. And please, when reading, note the specifics as to what the owners of the PBVC sought in that application - 480 units (and I have documented how it should have been many fewer) , no hotel, no additional commercial over what is presently proposed for approval (code named the MEGA enchilada)!

Current council rock throwing over working to present their own plan!

The current plan is a settlement - not a zoning hearing - a settlement of a significant Bert J Harris claim that APPROVES much more development over the rights of the residents not because any prior officials took any action, but because the current mayor dug the holes that we, the residents, find ourselves in because she never took any appropriate action to work with the owners to formulate anything palatable - more on that later - but the village is about to see the unfortunate results when officials are elected who could only throw rocks at the efforts and plans of those who stood up to the issue. The current group never never attempt anything meaningful.  Of course, we now see that the current mayor can throw rocks at the ground - and still miss!

More on Bert J Harris - See my prior related post of 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. 

What Could Have Been

The PBVC issue predates the incorporation of Palmetto Bay.  I was in negotiation prior to December 5, 2018.  At that time, the owners of Palmetto Bay Village Center had agreed to preserve the environmentally sensitive land at the front of the property and construct a number that would have been not "the 485,"but rather, a representative for the PBVC offered a compromise number of 450 - 470. I contend that this was their starting point in these negotiations and the unit numbers would have dropped lower (Again, it is important to note that the Bert J Harris Claim arose out of the property rights violations created by the mayor and council in place for Resolution No. 2022-05).  The representative for the PBVC also mentioned in 2018 that negotiations had been ongoing for 200 -- half of the units -- to be Senior housing units. That's a HUGE offer in regard to traffic reduction.

More prior relevant reads: Tuesday, October 16, 2018, About last night (Mon. 10/15/2018) - I continue to work for you to reduce development. The council votes best tell the story.

What Now?

Now, after years of expensive litigation, rock throwing and scapegoating, the Palmetto Bay Village Council appears ready to cave and give the owners of the Palmetto Bay Village Center the APPROVAL to construct a much larger MEGA project -- with commercial never anticipated, in addition to the absolute maximum number of residential units. The Village's refusal to negotiate (because, presumably, they wanted to be seen as taking a tough stance against development) has led to massive increases in development - not prior action.

Yes, it is clear that none of those rocks thrown at the ground (or the PBVC) ever hit the mark. Just cheap political grandstanding covering up a lack of understanding of the issues that will profoundly impact our community.

Just please Palmetto Bay officials - take some positive action - and admit your foibles - and what ever you do, avoid going to court!

Development by unsupportable political denials rarely works for election officials -and area residents suffer. As noted in prior opinion posts, Things have not gone well for the Village of Palmetto Bay before the Miami-Dade trial and Appellate Division of the 11th Circuit Court - and the Third District Court of Appeal.  They promised "no development" but their litigation stumbles more aptly reflects "hold my beer" on granting massive development rights.

Read up on the Appellate Division ruling against Palmetto Bay in a strongly worded 31 page opinion that reversed the denial of the PBVC zoning decision.

Palmetto Bay officials sought a rehearing of the opinion, but fared no better in a revised, but just as lengthy 31 page opinion released July 5, 2023.

See: my prior related opinion post of December 13, 2023 - Court slaps down Palmetto Bay's zoning appeal -- more units for Old Cutler Road DENIED.  The Third District Court of Appeals ruled against the Village of Palmetto Bay.  Having lost - badly - in the efforts on appeal (review via Petitions for Cert for those who want to be sticklers for technicalities) - the Village had no bargaining power left. Read the order cited in that post - "hold my beer" id far too kind. 

This development did not materialize overnight - it took a massive amount of misdirected passive aggressive inaction from January 2019 to date to reach this point. 

Simply stated - don't blame the VUM or any amending ordinances. Blame the council for violating Bert J Harris - and that is a very tough thing to do!. They dug this deep hole and this MEGA development is the result stems from performative politics and lack of vision. The plan is a settlement of transgressions of those who let the village down when Resolution No. 2022-05 was enacted.