TheRealDeal reports: Estate Companies sells Palmetto Bay apartment complex for $58M

Online TheRealDeal, billing itself as South Florida Real Estate News, reported that the Estate Companies sold the 213-unit Soleste Bay Village for $58M. 

Doing the math, this is equivalent to $273K per unit.  

CLICK HERE to read the full article online, TheRealDeal reports: Estate Companies sells Palmetto Bay apartment complex for $58M, 213-unit Soleste Bay Village traded for $273K per unit, July 13, 2021 12:30 PM, by Lidia Dinkova

Photo credit/source - Soleste Bay Village Facebook page

"When one door closes another opens". Bait & switch on zoning. The 2020 downtown code changes are more than balanced out by the 2019 liberal variance process

Monetizing the Palmetto Bay zoning process and removing certainty. Hardship variance goes bye, bye, replaced with a liberal variance process that includes significant discretion known as “administrative”. A code is only as good as the enforcement. The new 2020 downtown code will be very flexible due to the variance procedures revised in 2019.

Little attention was paid to significant changes to the Palmetto Bay code regarding variances. Any door 'closed' by the 2020 code clearly can be opened through this 2019 standard variance process. Note that there is no such thing as a strict code where it can be undone through variances. This is a classic case of go ask mommy (the granter of variances) for permission if you don’t like that daddy (the code) tells you (the developer) no. In other words, what you think was taken away (or lowered) under the 2020 code can be given back through an administrative or council variance. Sleight of hand, bait and switch. 

I championed and established the original process regarding hardship variances in Palmetto Bay. Variances were limited in that they were granted under the original, now former, Palmetto Bay standard only when a true hardship associated with a property was preventing the property from meeting the requirements of the zoning ordinance. The code ruled. In other words – adjustments were limited to what was required to allow an odd property to build to what is intended by the code – this includes design standards. It served Palmetto Bay well from enactment until it was untimely dismantled in 2019. This is, or was, a strict standard. That must be why the current mayor and council determined that the hardship standard had to go and be replaced with something that would allow a case by case reconsideration of the code they ultimately enacted in July 2020.

The changes to the Palmetto Bay variance rules sailed quietly under the radar under the Cunningham administration in ordinances 2019-09 and 2019-13 (click the links to read the entire changes). There was never any explanation to the public why these changes were needed and who would profit by these changes (my opinion: developers, not adjoining property owners).

This new/current Palmetto Bay variance procedure allows actual deviation (relief) from the July 2020 downtown code at the discretion of either administration or the council (if it gets that far). Palmetto Bay’s new rules on variances are very liberal – and, most importantly, allow for changes of building heights. This allows for additional floors and greater density. Development is now controlled by variances, not the code.

I have always been of the opinion that variances should not be easily or lightly granted and a variance should be the exception not the rule. There are numerous conflicts in the most recent code approved by the Palmetto Bay Village Council in July 2019. In fact, Council Member Patrick Fiore recently pointed out that many of these issues can be (actually, will need to be) resolved through the soft variance standard enacted in 2019 under the Cunningham administration. In my opinion, this is like hanging a huge 'open for business' sign in big neon letters to developers, letting them know that the code is merely aspirational, little more than a great political sound bite. The huge risk is that the Palmetto Bay planning process is now monetized where what is built is not dependent on what is written in the code, but how lawyered up developers are willing to push.

This results in little to no certainty for residents in what will end up at any specific property. At least not until plans are approved. The question is, after reading these two ordinances, whether the variances will be granted 'administratively' (behind the scenes) or whether residents and adversely affected property owners will have their day in court at a public hearing before the Village Council.

We shall see. Stay tuned.

There is ‘truth’ then there is the truth, the whole truth, and nothing but the truth … what is in store for the Palmetto Bay downtown?

The Shores at Palmetto Bay LLC is a previously approved project that has recently requested to down scale the project based upon the new code. This project passed in 2018 on a 4-0 vote [Cunningham, Singer, Seigel Lara, & Flinn (note: DuBois did not participate)].

What about the retail, the commercial, items residents clearly wanted for the Downtown, not merely apartments? The 2018 Zoning Application for Shores Development passed by a vote of 4-0. This was the last residential application submitted for hearing for the Downtown Urban Village before the moratorium was voted on in April, 2017 (which was later dropped in 2019). During the hearing an additional ten amendments were added to the zoning resolution. These included a total of 307 parking spaces, increase in minimum apartment square footage, a transit stop and covenants to ensure dedicated landscaping and open space as presented. There were restaurants and first floor commercial planned for this property along with approximately one acre of village green space.

Now the project has morphed from a community destination to live work apartments. (CLICKHERE) The project list claims an application date of June 29, 2020. The village describes the application as follows: 

Request for approval of a site plan with a non-use variance proposing a 3-story mixed use project configured around three (3) respective buildings (the “Project”). The Project will encompass 120 total units, including 6 ground floor live/work units, with direct frontage along SW 97 Avenue (Franjo Road). The Project represents a significant reduction in development intensity and proposed density from the 2018 Site Plan Approval.

‘The Project represents a significant reduction in development intensity and proposed density from the 2018 Site Plan Approval.’
That is true – but is that the entire story?... Remember the meaning of ‘truth’ is relative for some. That is why oaths often include:

“…the truth, the whole truth, and nothing but the truth…” meaning:

The absolute truth about something, without omission, embellishment, or alteration. Used to swear in witnesses while giving evidence in court, and used by extension in other contexts.

(CLICK HERE)

This is a topic for future posts where I will dive deep into the recent code changes and provide the actual details as well as some reaction from some who have been and continue to be affected. Just note that the article about the Shores at Palmetto Bay LLC will discuss how this project removed more than a couple of floors – it removed the substantial retail, commercial, the public green aspects that many were clamoring for in the controlled redevelopment. Voters were promised more resident friendly amenities and less apartments in the 2018 election. Is this what they are getting? We are starting to see the shoes drop and what we have is a current mayor and council with their foot firmly on the gas to provide little more than apartments. 

Future post – Shores at Palmetto Bay LLC – what his sudden request to reconfigure this property tells us about the future of Downtown Palmetto Bay

ALERT. A potential new Bert J Harris claim has been raised by Qualcom Palmetto Bay Active Zone Business, LLC. This should be discussed Tuesday, July 28, 2020

Good Grief! Here we go again. Will Qualcom Palmetto Bay be LUXCOM part deux? Let's hope not. I wonder if there is blood in the water? Perhaps Palmetto Bay officials need to go back to zoning hearings rather than piecemeal by Bert J Harris litigation as LUXCOM is starting to appear to be merely the first of what is feared to be the start of a Bert J Harris litigation avalanche. Precedents are being set where zoning decisions are being taken out of the Village hands and determined by the courts, where our fellow village residents have essentially no input into the decisions. See: July 13, 2020, LUXCOM - Tuesday, July 14, 2020 is mediation day. a day that will set the future of development in Palmetto Bay. Some thoughts. for background information relating to LUXCOM.

Now there is the probability of rough water ahead for Special meeting - Tuesday, July 28, 2020: Zoning Hearing (Comprehensive Plan Amendment, FLUM, & DUV Zoning District). (CLICK HERE to view this 9 page agenda package - as it was posted as of 3:30 PM on Friday, 7/24/2020) This is scheduled to be the final hearing to pass the DUV changes on second reading. Anyone that has been following zoning hearings know that they have been held and then reset to a future date due to the pandemic and resulting difficulties in holding live hearings. This one looks like it will move forward (and it should as village business needs to move forward). However, this DUV code rewrite is not moving forward under the radar, without notice of at least some of the affected property owners. The entire 1,392 page agenda can be reviewed (it is a long download) CLICK HERE.

Property owners with objections - Attorneys for Qualcom Palmetto Bay Active Zone Business have raised multiple objections to the code rewrite, placing Village Officials on notice of potential lawsuit. The main claim is that the revisions violate the Bert J. Harris Private Property Rights Protection Act (“Act”). Their objections are discussed in detailed further on in this blog post, as well as providing a link to the actual objection letter.

CLICK HERE to read this letter for yourself

So here were are - days away from the potential LUXCOM part Deux. It really isn't hard to see these issues develop. That is for those who pay attention. And that is one reason why I continue to express my opinions in this blog. You are reading it here so you can truly be kept in the loop. Important information is not being passed on to Village residents. Palmetto Bay officials were recently served with a letter from Litigation Counsel for Qualcom Palmetto Bay Active Zone Business, LLC, a Delaware Limited Liability Company. The sale of this property was featured in a prior related post on January 8, 2020: More real estate sold for redevelopment while the council continues to neglect the promised DUV rewrite. Bellsouth Building, south of Palmetto Bay Park is sold to investment group

Review that prior post. You will see where I stated in the opening line of that blog post that "Private enterprise keeps moving while the Palmetto Bay government sleeps, perhaps trying to get in under the wire, before any new zoning restrictions take effect." I mentioned in that blog post that it "... is unfortunate that these moratoriums/ZIPS were allowed to expire under Mayor Cunningham as of February 2019, prior to any of the promised revisions." This was not a prediction, as the current state of disarray is far to easy to foresee. The shoes are now dropping from the sky. The subject property appears to be one of those properties traded during the lapse in the moratorium. Now what? More tough talk and political promises (specifically the 1 unit per acre promise on LUXCOM) only to be followed by hiding being the 'threat of lawsuit' to give the developer (such as LUXCOM) what the developer wants? Yes, 'new direction' - everything done under threat of lawsuit.

FAIR QUESTION: Why can't critical updates such as this demand letter and the threat of pending litigation be disseminated to fellow residents at all, forgetting for the moment, as quickly as notification of an official village celebratory birthday or graduation drive by? Distraction over business. Village notifications demonstrate that news can be disseminated, but current officials instead have chosen to dull residents with 'bread and circuses' rather than actually keeping people in the loop and allowing for public discussion on matters of great public importance. 

There was a Committee of the Whole meeting held Tuesday evening, 7/21/2020. Another Special Council meeting was held Thursday evening, 7/23/2020. Nothing was said in public regarding this new probable lawsuit. This is important. This is a matter of public importance. Regardless, it appears that once again my fellow village residents will be treated like mushrooms and remain in the dark regarding this latest festering matter until village officials can figure out how they can best spin it. Drive by party caravan anyone?  Officials hoping things go away is no way to run a government!

Back to the developing litigation demand: The property owners object to the Revision as applicable to the Property, alleging that the village's recent changes to the code "...unreasonably, arbitrarily and detrimentally burdens (their) Property.” 

Specifically, the property owners allege that:

A. The Revision violates the provisions of the Bert J. Harris Private Property Rights Protection Act (“Act”). The Act is a mechanism to protect and compensate any Landowner whose Property is affected by Government action not rising to a taking. See Florida Statute Section 70.001. It is our position that the Revisions inordinately burden our Client’s existing use of the Property and/or a vested right to a specific use of the Property under Section 70.001(2) of the Act.

There are additional objections alleged by the property owner in addition to the Bert J. Harris Private Property Rights Protection Act (“Act”) claim. Other objections include impermissible spot zoning; violation of Equal Protection, as well as the length of the moratorium (which actually was 'accidentally' dropped for a period of time, which many other property owners used as an opportunity to rush development plans into the Village Planning office, before that window of opportunity closed.Counsel for ended their correspondence stating that "We hope the Village will take our concerns seriously and modify the Revision accordingly. In this regards we are ready to meet with the Village at any time. If our Client’s concerns are not resolved we will have no alternative but to pursue our legal remedies. PLEASE GOVERN YOURSELF ACCORDINGLY."

Stay tuned and we shall see what develops.

EDITOR'S NOTE: Is this the new normal for Palmetto Bay? Is there sufficient monies put aside to cover the expected litigation expenses for the remainder of this budget year? How large will the village litigation budget be for the upcoming 2020-21 budget year. Is this the REAL reason why the Cunningham Administration is seeking to raise taxes?

Update on the ‘Gold standard BRT”. A single qualified bid was received by Miami-Dade County for the BRT line along US1. The Final Bid is $326,172,000.00. What this means for Palmetto Bay. Renderings posted.

Update on the ‘Gold standard" BRT. A single qualified bid was received by Miami-Dade County for the BRT (Bus Rapid Transit) line along US1.

The BRT will have a profound impact on the future of Palmetto Bay and every community to the south that drive up US1 as well as through Palmetto Bay neighborhoods to reach destinations to our north. Simply saying it is critical to our future is an understatement. 

After reviewing the deliverables of this bid, my first though is of that 1970’s era song by Paul Simon. How does that song go? Oh yeah:

Slip slidin' away

Slip slidin' away

You know the nearer your destination

The more you're slip slidin' away

And, most importantly, Palmetto Bay lost the 174th Street Transit Station. This was a key component of the downtown development and it was in the plans as late as 2019.

Here we go – more cement on the project, unless Palmetto Bay officials expect the total package to miraculously take a new form through a series of deep change orders. 

The final bid is $326,172,000.00. But most importantly, Palmetto Bay lost the 174th Street Transit Station.

What this gets us, the commuters of South Miami-Dade County:

• This is getting us the BRT line – the promised special buses with stations that provide level boarding (adding the bells and whistles to a bus that the county tells us will change your mind and will get you riding these special buses).
• A parking garage on 168th Street (pictured)
• Train type mast arms on the cross streets that cross US1 (the traditional arms that close off traffic to the original diesel trains that historically ran along the original rail line).

The following is where this bid falls short for Palmetto Bay residents:

• Metrorail on grade only in the future – when? Well, let’s be honest. We now get the BRT. That will not be upgraded, if ever, until that is maybe 40-60 years from now.
• A parking garage on 168th Street - What this doesn’t get us – 174th street Transit Station (which could have been built with County money – a recurring theme with the current mayor and council – ‘could have’ but failure to deliver).  
  
• This removes the 174th Street transit station that was a long cornerstone of the FT&I, DUV and current version of the revised DUV. 
• No station for the residents and businesses means a greater need for individual transportation as the current DUV passed by the current mayor and council is not a transit oriented development, is much more reliant on personal vehicles due to the lack of a major transit stop at 174th street.

And the where was this ball dropped? I had been all over this issue as an interested, involved resident and while serving as mayor – I had raised the alarm in my blog post of October 17, 2019, “We lost the 174th Street Station? I feel left out of the loop. Did I miss the announcement or were Palmetto Bay elected officials not going to tell us?”

  

So we can document that several items including the fact that:

1. The current mayor and council knew or should have known,

2. They were warned publicly – as posted on my blog – that they all read, and,

3. They did nothing to restore the 174 street transit station.

As a result: This will cause more traffic from the DUV development and removes it from being a true TOD.

Once again, how does that 1970’s era Paul Simon song go?:

Slip slidin' away

Slip slidin' away

You know the nearer your destination

The more you're slip slidin' away

Or maybe the appropriate Paul Simon song is "Stranded in a Limousine".

Don’t worry, we’re “all in this together”. We will have a picnic or a tree give away and all will be better. No – it won’t be.  Palmetto Bay needs to change its trademarked tag line from “Village of Parks” to “Village of bread and circuses”.

More real estate sold for redevelopment while the council continues to neglect the promised DUV rewrite. Bellsouth Building, south of Palmetto Bay Park is sold to investment group

Private enterprise keeps moving while the Palmetto Bay government sleeps, perhaps trying to get in under the wire, before any new zoning restrictions take effect.

More real estate in Palmetto Bay is being sold into re-development. The question is what are the vested rights for this particular (ans significant) parcel of land now that the moratoriums and Zoning In Progress, a/k/a "ZIPs" put in place under me (sponsored by David Singer) in 2016. It is unfortunate that these moratoriums/ZIPS were allowed to expire under Mayor Cunningham as of February 2019, prior to any of the promised revisions to Sec. 30-50.23. - Downtown Urban Village (DUVcode) being put in place. Will this latest sale of Palmetto Bay property be much to do about nothing, a great opportunity for Palmetto Bay redevelopment or result in yet another litigation cluster? Time and advocacy will tell. The property located in Palmetto Bay is the Bellsouth building located at 9500 Southwest 180th Street, just south of Palmetto Bay Park. . The land totals 130,680 sq. feet with the existing building totaling 32,489 sq.feet.

See- TheRealDeal online, "South Florida Real Estate News" article of January 7, 2020, TRD MIAMI, By Keith Larsen: BellSouthsells 1M square feet of land for $25M The portfolio sale includes eight buildings with 15K sf

Article:

Qualcon Real Estate Fund purchased commercial properties with over 1 million square feet of land in South Florida from defunct BellSouth Telecommunications for $25 million. The firm, led by developers Thomas Conway and Kevin Levine, along with Andy Stone and Petra Capital Management, purchased eight commercial buildings with 115,000 square feet, and 1.006 million square feet of land, scattered across Miami-Dade, Broward and Palm Beach counties. Two of the properties are in Opportunity Zones, in Palmetto Bay and Little River. The Palmetto Bay property is located at 9500 Southwest 180th Street. The land totals 130,680 square feet; the building totals 32,489 square feet.

Click the headline above to read the complete article.

Photo: TheRealDeal online, "South Florida Real Estate News" 1-7-2020

Stay tuned. This may be coming to a zoning hearing near you.  I'm looking forward to hear what the plans are for this property.

Prior RELEVANT POST, see October 28, 2019, Village Council Chaos - Interaction with Village Attorney at a council meeting - Village Mayor & Council: You have been told repeatedly. You are the voting body. You have responsibilities of reading and knowing what you are voting on.

Bringing you into the loop: New owners, or a partner to the AutoNation Nissan property, may seek a huge upzoning for a substantial mixed use PAD development. I am passing on what I have heard. Perhaps a Palmetto Bay elected official will step forward with some facts to assure residents as to the project and the process.

The property is outlined in yellow

I communicated today (Monday, October 14, 2019) with a fellow resident who raised concerns that the AutoNation Nissan property has been sold to a major international developer who has big plans for this property. I am passing on what I have recently learned in order to bring my readers into the loop:

Here is the limited information I have to date:

• It is abundantly clear that the largest single platted property located within the Village’s ‘downtown area’ is in play – there will be substantial changes to the density, use and appearance of this property if the current proposed plans go through to development.
• The property has been sold to a major International Developer who has been performing due diligence. Staff has been contacted (which I am not privy to), but I cannot fathom a case where our elected officials would not receive ongoing updates relating to this property.
• The official property appraiser website still lists the owner as AUTONATION USA PERRINE INC. The new owner is not presently listed. I have no information as to whether the property is under contract with the proposed developer undergoing its ‘due diligence’ investigation or whether the ownership has changed/closed and the changes in ownership are not yet updated on the property appraiser website.
• Perhaps the ownership will not change as perhaps the developer will partner with the existing owner who will remain a part of the overall mixed use development.
• The physical address of the property is 17305 S DIXIE HWY Palmetto Bay, FL  33157-4365
• I have not been advised of the name of the developer – perhaps any number of our current electeds have this information.
  
• The term “PAD” zoning has been floated relating to this property. This is a way to side step the existing zoning on the property. PAD refers to Planned Area Development and such a project could be anywhere from what is compatible to existing development within Palmetto Bay or the developer could attempt to build something as high as what is permitted by existing County zoning adjacent to our Village.
• PAD or not, no formal application appears to have been submitted at this point.
• Unsubstantiated information I am aware of points to a substantial mixed use development that will include a car dealership, office, retail and residential. A true mixed use development.
• PAD or not, no formal application appears to have been submitted at this point.

Regardless, perhaps I missed, it but there appears to have been no outbound advisement at either Council Comments or a Village Update e-blasts providing notification to our fellow residents.

I look forward to any town hall meeting that might be set to discuss this major development to provide information to our fellow residents and allow concerns to be expressed.

I will post additional information when and if received. Please feel free to provide me with any information you may have on this matter as well.

Eugene Flinn

Who lost in the Village Manager fiasco of Monday, October 7, 2019? Perhaps everyone who wanted improvement to our village as confidence is shattered. This should be cause for concern as when a "partner" pulls out like this, it indicates an unhealthy, unstable government, expect a poor product in the foreseeable future.

I certainly did not see this coming. It is shocking to see a group like I3 use the language seen in an e-mail (posted below) to the Palmetto Bay Village Council. But as one saying goes, 'play silly games, "win" silly prizes'. The question is who terminated who and what will this mean for our downtown area?

Perhaps it is time for this current Mayor and Village Council to simply close up shop and scrap any planning. The word is out and it will be very difficult to bring new quality groups in to work with the present leadership. Work to repair the damage to reputation will take much more than a few staged events with live feeds and selfies.  What occurred Monday, October 7th, 2019, was a figurative torching of the reputation of Palmetto Bay. So many worked so hard for a positive image. Petty politics and scapegoating hit the fan.

It is important to contrast the behavior and actions exhibited at the Special Council Meeting of Monday, 10/7/2019 with the June 11, 2019 article that appeared in Miami Today, by Jesse Schecker, entitled "Karyn Cunningham Palmetto Bay mayor seeks creation of vibrant downtown".  The controlled village press fails to match the gutter performance. 'Resident-centric' change was promised, but to date, only chaos,  and unreasonable delay has been delivered. One has to wonder if this I3 project was to be a cornerstone in what the current Mayor had planned for the Palmetto Bay; what she termed (but did not fully disclose) “…creating a vibrant downtown that attracts new residents, businesses and visitors.” (emphasis added)

But now one has to wonder what will ever be created as never, never, have I seen a communication such as this from an alleged Public/Private partner:

Dear Council,

I’m writing because it has been brought to our attention that Ed Silva - Village Manager, is being terminated. 

It is not our business surrounding the issues related to his termination. However, Mr. Silva has been very helpful in his efforts to coordinate and provide leadership in the Village’s downtown area that provided i3 with the comfort and understanding of the opportunity to partner with the Village. Through his representation of the residents and the Council, i3 was afforded the opportunity and was rewarded with the approval to work with a task force, directed by the Vice Mayor and Village Manager, towards a development plan and financial structure that would be presented to Council for it’s approval. It has been clear to us and gave us significant comfort that his sponsorship and significant contribution towards the overall downtown redevelopment plan, coupled with his professional expertise prior to joining the Village as Manager, would help i3 navigate our planning efforts and negotiations with the Task Force. We sensed we could achieve a workable plan that the residents, Council, participating landowners, and i3 could gain excitement and consensus on.

Without Mr. Silva’s participation in this process as Manager, our understanding of and confidence in the Village’s plan to proceed is uncertain. i3 has already invested significant capital in getting to this point and we simply are too uncertain of a path to proceed. We are very disappointed to get to this point as we have spent many hours and days cultivating a plan and, even more importantly, a relationship of trust with many residents and Council. However, we simply cannot proceed without key, approved team members. 

I am happy to discuss this in person with any of the Council members or staff. I know you have a trust of your residents in making these decisions, which you don’t take lightly. However, I also trust that you understand our responsibility in making decisions based upon a path forward that is supported by clarity, stewardship, and sound business practices. This termination, after all of these months of work and establishing a path forward, unfortunately creates uncertainty that we aren’t able to navigate.

Respectfully,

RENE JOUBERT
Principal
i3

This is cause for concern, regardless of your position on the project: I may not have been a fan of this unsolicited bid, but wow, a pullout after substantial investment - I am told a '6 figure' investment by this private partner in the process before the pullout. Perhaps the so-called task force was seen as a sham. Perhaps any commitments made in private by the members of the village council fail to match the performance in public.  What is next? We shall see. 

CLICK HERE to view prior posts  relating to this Unsolicited bid project (I remain on the record and transparent).

More development! LOOK FOR A FUTURE ARTICLE relating to a grand new MEGA development that may be coming soon to a Palmetto Bay Village Council near you! 

The Village of Palmetto Bay is not legally or morally required to enter into/accept or otherwise continue to entertain this P3 proposal for the Franjo Road area.

The discretion rests with this current Mayor and Village Council – and with no other past, present, or future people or entities.

Would you like additional resources before the decision is made on the pending Public Private Partnership (P3) unsolicited bid presently pending before the Palmetto Bay Village Council? The City of South Miami has published its own guidelines for Public/Private Partnerships, Solicited and Unsolicited Proposals and Evaluation Process.

See the 24 page document created by the City of South Miami:

GUIDELINES FOR PUBLIC/PRIVATE PARTNERSHIPS,

SOLICITED AND UNSOLICITED PROPOSALS AND EVALUATION PROCESS

(Revised 4-10-2017)

*Note – as conspicuously stated within the guidelines promulgated by the City of South Miami;

The City reserves the right at all times to reject any or all bids/proposals at any time before signing a Comprehensive Agreement for any reason and may decline to pursue the Proposed Project. In the latter event, the City may accept new proposals for the Proposed Project should the City choose to restart the process at a later date. Discussions between the City and Private Entities about needed infrastructure, improvements, or services shall not limit the ability of the City to later decide to use standard procurement procedures to meet its infrastructure needs, whether the project will be a public/private partnership or not. 

QUESTION: are the Mayor and Village Council required to enter into the pending P3 proposal?

SHORT ANSWER FOR PALMETTO BAY:  NO. The Village of Palmetto Bay is not legally or morally required to enter into/accept or otherwise continue to entertain this P3 proposal for the downtown/Franjo Road area.

The discretion to move forward with approval or to deny (or anything in between) rests with this current Mayor and Village Council – and with no other past, present, or future people or entities.

CLICK HERE for 12 prior relevant posts providing significant details as to the Palmetto Bay Downtown Unsolicited Bid development issue.

Update on the Unsolicited Bid - i3's renderings provide some insight into a vision for the future downtown area

I was able to obtain portion of the two competing bids - There were two bidders who submitted by the March 7, 2019, deadline. The bidders were NAI Miami and I3 Investments, LLC.

CLICK HERE to view prior posts relating to this ongoing unsolicited bid issue.

This post is merely the proposed renderings. Note - that this are for illustrative purposes only. The renderings submitted are not final or official site plan submissions. These drawings are for discussion points of what could be, not what will be.

FUTURE POST: I will be reporting on the financial data and comments on the specifics from each proposal.

This proceeding arises out of Palmetto Bay receiving what is known as an "unsolicited bid" for a 5 story mixed use project that includes a parking garage for no less than 450 vehicles in the downtown Franjo Road area. You can review significant information on this project in my original post of November 13, 2018 - CLICK HERE - Campaigns are over - time for the first decisions, setting the course by the new Village Council - issue: setting any new policy and reacting to the Unsolicited Proposal-Mixed Use Downtown Development - UP No. 1819-00-002

Update on DUV revisions. Reviewing attorneys' opinions and considering in light of transparency in the Village

I originally released the DUV opinions on March 15, 2019. Please note, fellow residents, that we, the tax payers, paid for these opinions. Not a single member of the village council reached into their own pockets to pay for all the extra legal opinions. These documents belong to the residents, not any single member of the Village Council, not to the Manager and not to any special interest group.

 As stated, I originally released these opinions on March 15. See: DUV update - materials available to Attorneys’ DUV analysis (CLICK HERE or the headline to view. You can download all three opinions).

I reviewed the 3 paid attorney opinions and I may release my opinion in advance of the hearings.

My first observation is that I cannot believe that I am the only on to release them; that they have not officially been released by the Village for study by the public. I guess this administration works on a “need to know” basis and deems that at this point the public needs not know.  So it appears that it is OK for the public to pay for these opinions, but not to view the opinions in advance of the DUV hearings.

I am waiting to hear something, anything, from a member of the village council. It appears that the current Mayor and Council Members are playing it close to the vest, not commenting (A/K/A "committing") to anything in public, seemingly only willing to discuss in closed groups of their own specific supporters (or maybe they have yet to begin to focus on the issue).

It appears to me that all options are on the table. I will be interested to see if there are any changes to the original opinions as it gets closer to decisions, or if any one or all three of the attorneys will be invited to participate at the DUV hearings in order to actually apply an actual opinion to a firm set of facts rather than answering a broad brush survey of the general law of municipal zoning.

Note that the analysis centers based upon facts as presented. I have posted links for everyone to view and download in order for interested persons to be able to read and interpret the opinions on their own. These opinions may eventually be posted to the Village website, but were not as of the date I released, Friday, March 15, 2019, nor even weeks later as I post this update.  The time does continue to run on the DUV proposals.

DUV update - materials available to Attorneys’ DUV analysis

The attorney's opinions to the Village Council have been received regarding the DUV.  Note that the analysis centers based upon facts as presented. I have posted links for everyone to view and download in order for interested persons to be able to read and interpret the opinions on their own. These opinions may eventually be posted to the Village website, but have not as of noon today, Friday, March 15, 2019.

(CLICK HERE) for Memorandum of LEHTINEN SCHULTZ, PLLC, Village Attorneys, dated March 6, 2019, consisting of 44 pages

(CLICK HERE) for Memorandum of John R. Herin, Jr., Esq., Fox Rothschild LLP, dated March 4, 2019, consisting of 9 pages

(CLICK HERE) for Memorandum of John Quick, Esq., Weiss Serota Helfman Cole & Bierman, dated March 6, 2019, consisting of 34 pages

These attorney opinions will be important tools for the revisions to the DUV Code.

IMPORTANT NOTE (DISCLAIMER): As stated in one footnote (a legal disclaimer): (The attorneys) cannot and do not make any representations or warranties concerning the likelihood of any particular property owner initiating and prevailing on a Bert Harris Act claim against the Village, or the outcome of such claim. We do believe, however, the analysis contained in this Memorandum represents the current state of the law in Florida on the matters set forth herein.

Palmetto Bay downtown update. 2 bids received by deadline relating to Mixed-Use Downtown Development

Update on the unsolicited bid opening held Monday, March 7, 2019.

The bids were opened at 3:01 PM, after the 3:00 PM deadline expired for submission of bids.

Two bids were received and both opened in the presence of Village Officials (and one member of the public other than myself, the other member of the public having an ownership interest in one of the properties involved in this bid - note - she is not a bidder).

The bids were unsealed by Palmetto Bay Village Clerk Missy Arocha, Melissa Dodge, Administrative Assistant to our Village Clerk and Litsy Pittser, Palmetto Bay Procurement Specialist. 




One bid is submitted from NAI Miami. 

The second by I3 Investments, LLC.






Additional process remaining:

The bids are still technically not public. The bids are now in the hands of Litsy Pittser, Palmetto Bay Procurement Specialist, to confirm the responsiveness of the bids. The bids deemed responsive will be presented to a committee to review and be scored.  Once scored, the process moves onto the Village Manager.

The committee review may be performed in view of the public, but there will not be public comment regarding the bids.  

CONE OF SILENCE

The entire bid process remains under the "cone of silence" until such time as the manager renders his recommendation. In general, communication is prohibited between the bidder / vendor and members of the Village Council or Village staff. The cone is lifted when the Village Manager provides his written recommendation of selection to the Village Council.

I will continue to keep everyone up to date. 

Today is the day 3:00 PM – unsolicited bids submissions relating to Mixed-Use Downtown Development for the Village of Palmetto Bay will be opened/unsealed today

Zero hour is 3:00 PM today, Thursday, 3/7/2019. 

We will see what various bidders envision for the Palmetto Bay Downtown area, including the adjacent Palmetto Bay Municipal Center parking lot (which is a targeted site for proposed multi-modal mixed use garages - phase II of the municipal center).  

This could be positive news as perhaps this was done at request of a qualified company that is serious about putting in a bid on UP No. 1819-00-002 for a project that will make Palmetto Bay proud. We will also be able to examine whether there were any negotiations that occurred behind the scenes that led to project plans are being modified and resubmitted or submitted by other bidders with additional information.

Personally, I look forward to the opening of the proposals. This process has generated significant rumors among current village insiders and the result has even triggered attempts to modify how Palmetto Bay manages unsolicited bids.  CLICK HERE to view prior posts relating to this Unsolicited Bid Proposal as well as background information relating to Unsolicited Bid procedure.

I have no further information other than what has been contained in this legal notice and updates  published by the Village of Palmetto Bay Clerk - all legal/official communication is per statute/village code and as specified by the village, including that information as provided by the Village Clerk, see generally www.palmettobay-fl.gov or CLICK HERE to view the pending proposals page.

The curtain is pulled back at 3:00 PM today for all to see. Will anyone be attending?

Update on the Unsolicited Proposal for the Mixed-Use Downtown Development for the Village of Palmetto Bay: BID OPENING DATE CHANGE: Thursday, March 7, 2019 at 3:00 PM

Once again, the bid opening for the unsolicited bid for the Mixed-Use Downtown Development for the Village of Palmetto Bay has been extended. The new opening date is Thursday, March 7, 2019, as officially noticed by the Village of Palmetto Bay. (Everyone must rely upon official notice, this is for my personal information dissemination only). 

This could be positive news as perhaps this was done at request of a qualified company that is serious about putting in a bid on UP No. 1819-00-002 for a project that will make Palmetto Bay proud. Or perhaps there is negotiation going on behind the scenes and the project plans are being modified and resubmitted or submitted by other bidders with additional information.

Personally, I look forward to the opening of the proposals. This process has generated significant rumors among current village insiders and the result has even triggered attempts to modify how Palmetto Bay manages unsolicited bids.

I have no further information other than what is contained in this legal notice, published by the Village of Palmetto Bay Clerk - all legal/official communication is per statute/village code and as specified by the village, including that information as provided by the Village Clerk, see generally www.palmettobay-fl.gov or CLICK HERE to view the pending proposals page:

Prior related post: November 27, 2018, Update on the Unsolicited Proposal: BID OPENING DATE CHANGE: WEDNESDAY, JANUARY 16, 2019 3:00 PM

 CLICK HERE to view all prior blog posts relating to Unsolicited Bids.

I will keep you advised as I have not seen any information actively provided to us, the General Public.

Feel free to contact me with any information you may have on the pending bid process.

Downtown Palmetto Bay DUV updates - presentation 3 of 3 - presentation by Graham Penn. Esq, who represents some of the stakeholder/property owners within the area at the Special Council meeting of Wednesday, Jan. 9, 2019

This is the Third and final of the three presentations that I will post here, the presentations from the Special Council Meeting of Wednesday, January 9, 2019.

 

This presentation (the third of 3) is a Powerpoint Presentation (file is in .PDF format) by Graham Penn. Esq, who represents some of the stakeholder/property owners within the area. CLICK HERE to download and view.

 

The second (2 of 3) is the Official Palmetto Bay presentation, prepared by Palmetto Bay Staff. (Prior post – CLICK HERE) 

The first (1 of 3) is Presentation by Council Member Marsha Matson, Special Council meeting of Wednesday, Jan. 9, 2019. (Prior post – CLICK HERE)

 

This completes the downloading of the three PPT presentations (all in .PDF file format).