"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

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.

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?

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).

Downtown Palmetto Bay DUV updates - presentation Two of Three – Official Palmetto Bay Presentation by Village Staff, Special Council meeting of Wednesday, Jan. 9, 2019

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

(CLICK HERE) for the Official Palmetto Bay presentation, prepared by Palmetto Bay Staff.

 

The first (1 of 3) was Presentation by Council Member Marsha Matson at the Special Council meeting of Wednesday, Jan. 9, 2019. (Prior post – CLICK HERE for Matson's presentation in .PDF format)

 

One more to follow when time permits.

Downtown Palmetto Bay DUV updates - presentation 1 of 3 - Presentation by Council Member Marsha Matson, Special Council meeting of Wednesday, Jan. 9, 2019

I will have all three presentations from the Special Council Meeting of Wednesday, January 9, 2019, posted for your access when ready.  

CLICK HERE to download and view the 13 page .PDF slides from Proposal by Council Member Marsha Matson

FAQ - Examples of prior unsolicited proposal process in Palmetto Bay. One rejection, one resulted in an approved agreement

I am providing examples of how the unsolicited proposal process works in Palmetto Bay.

Here are two examples of unsolicited bids - and the procedure for how the public entity (Palmetto Bay) responded to the unsolicited bids per State law. 

REJECTED: The first is a (prior) Unsolicited Proposal for Parking Improvements for Village of Palmetto Bay through Private Public Partnership (PPP).  This was a REJECTED unsolicited proposal for a qualifying public-private partnership (PPP) for the Palmetto Bay downtown area. 

The discussion of the downtown parking garage was held at a special council meeting held on May 15, 2017.

The first firm presentation was performed by Bermello Ajamil & Partners.
The second firm presentation was performed by Structured Parking Solutions.

Following the firm presentations, the representatives from each firm answered questions posed by the Village Council where upon the following resolution (item 4A) was offered, passed and then deferred.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO CONTRACTS; APPROVING THE SELECTION FOR NEGOTIATION OF A FIRM TO PROVIDE PARKING IMPROVEMENTS FOR THE VILLAGE OF PALMETTO BAY; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO NEGOTIATIONS WITH THE SELECTED FIRM; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by Administration)

Councilmember Siegel Lara moved item 4A forward. Seconded by Councilmember Cunningham.

Photo credit: bermelloajamil.com

Manager Silva stated that based on the results of the bid tabulations, Bermello Ajamil & Partners was the firm selected to start the negotiation process for the project.

Motion: Councilmember Singer then made a motion to defer item 4A until the September Regular Council Meeting. The motion was seconded by Vice Mayor DuBois. Vote: All voted in favor (5-0). The motion passed unanimously. 

This proposal was eventually cancelled. CLICK HERE to see this proposed project (info taken from the official website of Bermello Ajamil & Partners): 
106,000 Total SF
  27,000 SF Office
  20,000 SF Retail
         464 Parking Spaces

Exampled of an ACCEPTED Unsolicited Bid proposal: The Village of Palmetto Bay received an unsolicited proposal for the management and operations of the "Parkview Cafe" at Coral Reef Park which became known as UP-No. 1516-12-002. The village responded in compliance with Florida Statutes 255.065. 

Resolution 2017-110 provides a summary of the successful UP process.  This is one example of how the process works resulting in approval/contract. 3 responses were received in response to this unsolicited proposal and one, "Hole in the wall" was selected and should be operational by early 2019.  The Village Council approved the selection of Hole in the Wall Tavern LLC, in October 2017, for the Management and Operations of the “Parkview Café” at Coral Reef Park pursuant to UP No. 1516-12-002.

More information regarding the two proposals discussed above can be seen in the resolution and materials available through CLICKING HERE

Authoritative article regarding Unsolicited Proposals - Article Two, authored by Alexander Tachmes, Esq.

I am posting an additional article in order to provide yet more information regarding unsolicited proposals. I recommend reading the following online resource: Public-Private Partnerships Becoming More Popular, February 14, 2018, by Alexander Tachmes, Esq., who is a partner in the Miami office of Shutts & Bowen LLP

Section 255.065, Florida Statutes, enacted in 2013, sets forth a comprehensive framework for those interested in pursuing public-private partnerships, providing  guidance to local governments that might otherwise be “ill-equipped to embark on such complex projects”.

This is not just another important read, but it is important as it may give some unstated reason for an unsolicited bid proposal, as the rational given sounds familiar. This article seems to have anticipated the Palmetto Bay Parking Garage situation: 

“Sometimes, for political or other reasons, a city is hesitant to issue an RFP or RFQ for a new project. If a developer is interested in a P3 but cannot persuade the local government to initiate the process by issuing an RFP or RFQ, the developer itself can submit an unsolicited proposal, which can serve as the catalyst for a P3. Assuming a local government wants to pursue the development of a project, after its receipt of an unsolicited proposal, the city can invite other bidders to submit proposals within a certain period of time. Or, the submission of an unsolicited proposal could provide the impetus to a city to draft and issue a formal RFP or RFQ for the subject project.”

This is additional recommended reading.

Author credit: Alexander Tachmes is a partner in the Miami office of Shutts & Bowen LLP, where he is Chair of the Land Use and Government Relations Practice Group and a member of the Real Estate Practice Group. The online source notes that this article was originally published in the Daily Business Review on February 14, 2018.

CLICK HERE to view prior articles on this blog relating to Palmetto Bay’s Unsolicited Proposal-Mixed Use Downtown Development - UP No. 1819-00-002

Authoritative article regarding Unsolicited Proposals - Article One, authored by Al Dotson, Jr., Esq.

I am providing more information regarding unsolicited proposals.  Proposals of this type are not improper; to the contrary, they are common and provide a vehicle for the private sector to provide an opportunity that the applicable government did not know existed. See: Unsolicited Proposals for Public-Private Partnerships, Thursday, November 1, 2018, published in The National Law Review, authored by Albert E. Dotson, Jr., Partner in the law firm of Bilzin Sumberg

The article provides additional insight regarding the State of Florida’s P3 law, which provides the authorization for private firms to submit unsolicited proposals to state and local agencies.

As explained by Attorney Dotson, Esq., "Ordinarily, if the government likes the new idea, it must then conduct a competitive process that permits other firms to submit alternative proposals."

I am providing resources such as this article to assist interested readers; be they members of the Village Council, Staff, or fellow residents for purpose of taking some of the rumor and uncertainty out of the process.

CLICK HERE to view prior articles on this blog relating to Palmetto Bay’s Unsolicited Proposal-Mixed Use Downtown Development - UP No. 1819-00-002

FAQ - Flinn Answers Questions. Recent question on how much property is involved in this Unsolicited Bid proposal.

I never shy away from answering questions. The recent question was how much property is involved in this Unsolicited Proposal-Mixed Use Downtown Development - UP No. 1819-00-002.  The initial answer is that, when combined, the total property coverage for the combined folios results in 4.6 Acres (4.5673553719008).  I show my math work below for you to review and confirm or contest.

The answer is not obvious for at least two reasons:

1. Will Guava Street be vacated and added to the property in order for all folios to be one single project site?  I am assuming that it will be, but I have not seen the actual proposal.

2. The village obtained use of Right of Ways by abandoning/vacating streets/partial streets around Village Hall to use for the courtyard along northbound US1. It is unknown as to whether this use will be transferred to the project bidder. This occurred on November 2, 2009, by council actions taken on June 1, 2009, Resolution 2009-53 and on November 2, 2009, Resolution 2009-94. Please follow the links provided to view the actual resolutions vacating/abandoning the applicable portion of a road required to complete our Palmetto Bay Municipal Center.  

The vacation/abandonment of these properties do NOT appear to be an issue, however, the  square footage of the abandoned/vacated right of way frontage used for Village Hall may NOT be included in the combined total.

There is the sewer lift station that is present on the southwest corner of Parcel A, at the intersection of Hibiscus and northbound US1. I am interested to see how that sewer infrastructure is dealt with in the unsolicited bid project (and I am sure it has been). 

Parcel   Folio                              Lot Size          Owner
 A/D     33-5032-004-3120 -- 113,100 Sq ft  Village of Palmetto Bay
              33-5032-004-3120
  B         33-5032-004-3180 --   65,554 Sq ft  Hagan Properties LLC
  C         33-5032-004-3200 --  20,300 Sq ft  Dixie 176 Corporation

I have placed the official Property Appraiser Summary reports for these properties. You can access them through THIS LINK where you can download and review.

Note that when combined, the total property of the above folios results in 4.6 Acres (4.5673553719008). Note that this does NOT include any street vacation and I am assuming that Guava Street will be vacated (this is not confirmed).

See prior post, immediately below, from November 13, 2018, setting any new policy and reacting to the Unsolicited Proposal-Mixed Use Downtown Development - UP No. 1819-00-002

I will answer any additional questions as relevant.

Thank you,

EUGENE FLINN

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

Palmetto Bay has received 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[(the area is depicted in "attachment A - site plan", the .JPEG (posted to the right) of the site location plan].

CLICK HERE to download and view the entire 28 page document.

Initial statement as to "unsolicited bids": Unsolicited bids - and the procedure for how the public entity (in this case, Palmetto Bay) responds to unsolicited bids - are managed by State law.  See FS 255.065. Unsolicited bids are not unique to Palmetto Bay. Unsolicited bids are common and that is why there is a specific state law that provides for a process when received.

It is the responsibility of the Village Manager/Administration to follow the State Law upon receipt of an unsolicited bid and present the proposal and responses to the Village Council for their action.

It is the responsibility of the members of the Village Council to follow the law in their action on any unsolicited bid, in regard to accepting or rejecting the unsolicited bid and other responses.

The proposed project (presently proposed as a five story project):

The Development initiative includes the construction of a mixed-use facility including:

A 450 space minimum parking garage,

20,000 sf commercial retail spaces,

An entertainment component,

Open public spaces, and

A 120-key minimum hotel component.

The Village has also specified that, at a minimum, the Project must include:

Landscaping,

Enhanced lighting,

Roadway interface,

Streetscape improvements,

Sustainable practices, and

Smart technologies.

The parking structure will provide a min of 450 spaces, with 85 spaces being designated for Village Hall use and the balance of parking being used to support other land uses which can be developed on one or all parcels shown in the attached site plan (Attachment A).

The mixed-use downtown development/parking garage component shall provide a pedestrian bridge connection to Village Hall Municipal Building in the future. The Project shall incorporate enhanced pedestrian-oriented amenities and ground floor activation along Franjo and US1, promoting walkability, activating street corners catering to pedestrians.

Involved land – four parcels of property (photos are of the existing properties): 

Parcel A in Attachment A is a Village owned parcel. The Respondent Proposer can develop the project scope on the full site or partial site.

 

Parcel B and C in Attachment A are not Village owned, however, current land owners have provided a Letter of Intent indicating interest in making their property part of the Village’s Mixed-Use Downtown Development Project.

The Project site can include three parcels. See (Attachment B) for survey information:

Parcel A- Folio # 33-5032-004-3120 Village Owned

Parcel B-Folio # 33-5032-004-3180 Owned by Hagan Properties LLC

Parcel C- Folio # 33-5032-004-3200 Owned by Dixie 176 Corporations

Parcel D- Folio # 33-5032-004-3120 Village Owned/ Village Hall Site

CLICK HERE to review the entire 28 page document.  This Proposal Requirements Document (“UP” or “Request”) is issued by the Village of Palmetto Bay, Florida (the “Village”), pursuant to Florida Statute Section 255.065, notifying interested parties that it has received an unsolicited proposal for the development of a parking garage and a mixed- use development in Palmetto Bay as a public-private partnership (the “Project”).  All information is contained in the Notice of Receipt of Unsolicited Proposal for Mixed-Use Downtown Development for Village of Palmetto Bay, Solicitation No: UP 1819-00-002

WHAT THIS MEANS – pursuant to state law, other qualified interested parties may submit a legally sufficient competitive bid for this project.

"The Village of Palmetto Bay (the “Village”) will accept other Proposals from qualified firms to deliver the Project and design, build, finance, operate and maintain the Project in accordance with the specifications set forth in this UP (“Proposal”). There are no Village funds allocated for this project."

TAKE NOTE: The Village’s project contribution is strictly land as part of a ground lease agreement with Developer.

Are you planning on submitting a proposal? 
Proposals Due December 11th, 2018 3:00 pm or earlier
Attn: Missy Arocha
Village Clerk
9705 E. Hibiscus Street
Palmetto Bay, Florida 33157