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

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

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

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

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

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

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

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

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

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

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

Fair questions:

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

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

Property analysis - the tool box - trend of development report prepared by the firm of Calvin, Giordano & Associates

Information relevant to the Luxcom Bert J Harris Act claim (part of a series).

The Village of Palmetto Bay retained the firm of Calvin, Giordano & Associates (CGA) to review the development potential and determine a “Trend of Development” on approximately 69 acres of the overall 81.91-acre site which was the former site of the Cutler FPL power plant owned by FP&L.

This firm of (CGA) is part of a list of pre-approved qualified firms eligible to provided engineering and transportation planning services to Palmetto Bay (Palmetto Bay Resolution 2013-40, approved 5/6/2013, as well as resolution 2014-34, approved 4/7/2014). 

The goal of the Trend of Development analysis is to provide clarity regarding which uses predominate in order to create land use and development patterns on the site that are compatible with the surrounding area.

CLICK HERE to view the actual trend of development report (14 pages including site photos) 

This is a document which provides some historical background of this property - Interesting reading for those who, like me, enjoy reading historical background. See section 3 Site History, beginning page 3 (pages 3 & 4 of this 14 page document).

3. Site History
The site subject to the Trend of Development study was settled by William C. Cutler in the 1910’s and was used as a plantation estate for many years.

On September 15, 1947, the Dade County Board of County Commissioners (BOCC), via Resolution 2615, approved a request for a special permit to develop the site as a power plant facility.

On February 27, 1951, the Dade County BOCC, via Resolution 4177, approved a request for a special permit to allow the installation of an additional 75,000 kilowatt generating unit.

On June 24, 1952, the Dade County BOCC, via Resolution 5099, approved a request for a special permit to allow a recreation and meeting room for employees and their families and headquarters meeting room and lounge for plant visitors.

On March 24, 1953, the Dade County BOCC, via Resolution 5779, approved a request for a special permit to allow the installation of an additional 75,000 kilowatt generating unit.

On December 29, 1953, the Dade County BOCC, via Resolution 6582, approved an expansion of the uses at the location.

On December 18, 1963, the Dade County BOCC, via Resolution 2-ZAB-683-63, approved a permit to allow the expansion of the existing plant by the addition of two 425,000 kilowatt generating units and all accessory equipment and facilities.

On July 12, 1994, the Dade County BOCC, via Resolution 5-ZAB-248-94, approved a request for a special use permit to allow the installation of a monopole cell tower.

In November 2012, the property ceased its power generation activities and the power generating plant was demolished by FP&L on August 10, 2013. The site now only serves as a substation for the distribution of power produced at FP&L’s Turkey Point Facility.

On May 6, 2014, the Miami-Dade County BOCC issued Resolution No. R-439-14 determining that the Cutler Ridge Electric Power Generating Plant site was no longer in use, nor would it be used in the future, for an electrical generating facility of county-wide significance. Through this determination, and via the above referenced resolution, the County relinquished its prior regulatory authority over the site to the Village of Palmetto Bay.

Without the power generating plant, FP&L no longer needs to retain all 82 acres of the site.
FP&L’s plat application, filed on November 13, 2014, sought to separate approximately 13.4 acres from the site which they intend to retain for the purpose of operating the existing power distribution substation.

Page 9 & 10 - 4.e Surrounding Uses

Different sections of the site are bound by:

a) residential development of varying styles and densities to the north, southeast and southwest;

b) the northern edge of the Deering Estate North Addition Preserve to the south;

c) school facilities to the west; and

d) water channels connecting to the Cutler Channel and Biscayne Bay.

The surrounding residential uses include:

• To the north, King’s Bay Subdivision, an established 68-acre gated subdivision located within the boundaries of the City of Coral Gables. This subdivision contains 150 dwelling units (du’s) at an average density of 2.5 du/acre.This neighborhood was annexed into the City of Coral Gables in 2003. Single-loaded homes lining the southern edge of the subdivision back onto the FP&L site.

• To the southwest, Royal Palm Estates, a subdivision of approximately 22 lots within the Village of Palmetto Bay, that is surrounded on three sides by the properties that constitute the Miami Dade County-owned Deering Estate. Some of the estates are large, but the average density in this subdivision is approximately 2.5 du/acre.

• To the southeast, Paradise Point, a gated subdivision within the Village of Palmetto Bay, consisting of 12 single family homes, approximately 100 townhouses, and amenities including a marina. The average density in this neighborhood is 9 du/acre.

BLOG EDITOR'S NOTE: NO CONCLUSION - YET.  No conclusion is provided here as there is not one to make at the present time. This information is being provided due to the fact that Palmetto Bay is not putting out this important information. Everyone should read the entirety of information provided to understand this issue. To better understand this information is to be better prepared to defend the Village Council's actions in court. 

The Village's position will be much more difficult to defend if it is cast as a political decision in response to political pressure rather than a decision based upon a deliberate process that properly take all past, present and future concerns into account, relying upon these professional tools.

The defensible data is out there. It is up to the Village Council to provide responsible and competent leadership, allowing staff and village council to do its job without political interference. 

A medium length primer on Bert J. Harris Act claims. What we can expect (including a timeline). Link to Bert J Harris Act provided.

Be thankful that Bert J Harris claims don’t arise every day. But this also means that the law is one that is still developing, so there is some uncertainty, so less predictability, as to how these serious claims for (alleged) deprivation of property rights may play out. 

I offer up some perspective to answer questions I have been asked on this matter. I am publishing this response here for public viewing as well as to assist our first time Palmetto Bay “Interim” Village Manager who has no experience in these types of matters as well as Palmetto Bay’s recently hired in-house Village Attorney (I am unaware as to his level of expertise on this specific litigation). I am trying to be helpful. The main point is Palmetto Bay needs to manage this litigation correctly as this could be the first of a few Bert J Harris claims, unfortunately, rather than a unique claim. Palmetto Bay must avoid setting bad law precedent for future litigation.

This article is in follow up to the Monday, January 13, 2020, blog post: involving Breaking News – 2:29 PM, Monday, January 13, 2020 - LUXCOM voluntarily dismisses the DOAH administrative action; gives notice of BERT J HARRIS claim potentially seeking over $21 million. Details including link to relevant documents.  As indicated, there are links provided to relevant documents that will allow those interested to do a deep dive into this matter.

Before a lawsuit is filed for a Harris Act claim, certain prerequisites are required under the statute. The Bert J Harris claim must be submitted not less than 150 days prior to filing a lawsuit under the act (Completed by LUXCOM on 1/13/2020). This claim must include a bona fide valid appraisal in support of the claim. (Completed by LUXCOM on 1/13/2020). Both the claim letter and appraisal were delivered to Palmetto Bay.

Palmetto Bay is now on the clock, and is required to either make a written settlement offer or state that Palmetto Bay will take no action within 150 days. (Deadline date:  Thursday, June 11, 2020)

If no settlement is reached during the 150-day notice period, Palmetto Bay must then issue a written statement of allowable uses identifying the allowable uses.

LUXCOM has to follow this procedure, or Palmetto Bay will be entitled to a dismissal of the Bert J. Harris Act claim.

Remedies – the $21,760,000.00 question.

Cash or rezoning – much is a matter of timing and how Palmetto Bay responds. 

LUXCOM appears to be alleging $21,760,000.00 in damages under Bert J Harris. The important allegation is contained in the Appraisal (Page two of appraisal, overall page eight of 63) that the Bert J Harris damages are projected at $21,760,000.00. The appraisers arrive at that number by setting their appraised value for the property as of July 29, 2019 at $34,000,000.00 based upon the value as an institutional use. The same appraisers then set a value for this same property predicated upon the re-zoning for the Estate Density Residential as of July 30, 2019: $12,240,000.00.  This results in the opinion of the appraisers for the "Bert J. Harris" claim as of July 30, 2019, or: $21,760,000.00.

Obviously Palmetto Bay will seek its own appraisal. However, it will be bound by the appraiser’s report.  Perhaps the appraiser will opine that there is no difference in value between the value of institutional use for example on July 29, 2019, as when the property was rezoned (as of July 30, 2019). Obviously, any different in value by Palmetto Bay appraisers (if requested) will set a minimum (floor) for potential damages, just as LUXCOM is bound by a maximum claim (ceiling or high water mark) of $21,760,000.00.

Another aspect of the act is encouragement for the parties to resolve claims by using alternative remedies (sounds a lot like the 12/12/2019 dispute resolution event, that did not go well for Palmetto Bay – see: January 7, 2020, South Dade Updates Guest Blog- view of the 12/12/2019Palmetto Bay / Miami-Dade County conflict resolution proceeding (let’s hope the Village has learned from this 12/12/2019 debacle and will be better prepared for this round involving a potential $21,700,000.00 plus Bert J. Harris claim – we are talking serious money here, not stop signs)

Palmetto Bay, if it acts timely, can avoid monetary damages, but, [and again, during a limited period (unless extended)] Palmetto Bay must make a written settlement offer that can include adjustment of land development; increase in density, intensity, or use; transfer of developmental rights (TDRs); land swaps or exchanges; mitigation, including payments in lieu of onsite mitigation; location on the least sensitive portion of the property; conditioning the amount of development or use permitted; etc. This takes a willingness to actually take a stand and make an offer. Obviously none of this would occur if Palmetto Bay officials opine that the Village (and its taxpayers) are at no risk from a Bert J Harris Act claim.

Big Issues with remedies

Once a lawsuit is filed, the court is limited to remedy monetary damages only. This may pit Palmetto Bay's appraisal (if one is obtained) v. LUXCOM’s appraisal of  $21,760,000.00.

Special circumstances may allow for the parties to revisit the monetary and work out a zoning option, but both sides need to be willing and sufficiently savvy to do so.

The “Toolbox” (resource materials):

The actual ACT online (CLICK HERE or title line below):

RELIEF FROM BURDENS ON REAL PROPERTY RIGHTS

CHAPTER 70

RELIEF FROM BURDENS ON REAL PROPERTY RIGHTS

70.001   Private property rights protection.

70.002  Property Owner Bill of Rights.

70.20 Balancing of interests.

70.45 Governmental exactions.

70.51  Land use and environmental dispute resolution.

70.80 Construction of ss. 70.001, 70.45, and 70.51.

70.001 Private property rights protection.—
(1) This act may be cited as the “Bert J. Harris, Jr., Private Property Rights Protection Act.” The Legislature recognizes that some laws, regulations, and ordinances of the state and political entities in the state, as applied, may inordinately burden, restrict, or limit private property rights without amounting to a taking under the State Constitution or the United States Constitution. The Legislature determines that there is an important state interest in protecting the interests of private property owners from such inordinate burdens. Therefore, it is the intent of the Legislature that, as a separate and distinct cause of action from the law of takings, the Legislature herein provides for relief, or payment of compensation, when a new law, rule, regulation, or ordinance of the state or a political entity in the state, as applied, unfairly affects real property.

BLOG EDITOR'S DISCLAIMER: I will update with more information in additional future posts. This information is put out to provide some idea of the alleged basis for the LUXCOM claim under BERT J HARRIS ACT. How the claim actually proceeds, if at all is dependent in large part upon how the claim is pursued by LUXCOM as well as defended by the Village of Palmetto Bay.

Miami Today (online version) Palmetto Bay hospital zoning battle in court - Written by Gabriel Poblete on January 7, 2020

Interesting read posted online from Miami Today. Headline: Palmetto Bay hospital zoning battle in court, by Gabriel Poblete, posted on January 7, 2020.

A zoning battle between the Village of Palmetto Bay and a developer intent on building a 200-bed hospital has devolved to several lawsuits, with a hearing scheduled for the end of the month. 

Photo Credit - Miami Today,1-7-2020

Luxcom Builders acquired a property on the northeast corner of Southwest 152nd Street and 67th Avenue from Florida Power & Light for $33 million and then proposed a hospital on a 71-acre campus. But Luxcom’s plan to build a hospital remains up in the air.

Yacht Club by Luxcom LLC is challenging an amendment to the village’s future land use map that changed the land use designation of its property. The case is to be heard by the state’s Division of Administrative Hearings from Jan. 29 to 31 in the village.

The lawsuit claims that while under contract to purchase the property from FPL, Yacht Club sent a letter Nov. 15, 2018, to the village’s interim planning and zoning director at the time, Mark Alvarez, to get confirmation of the property’s usages. Mr. Alvarez responded, saying that the development (exclusive of the western 10-acre portion) could indeed be used for, among other things, a hospital or a non-profit medical facility.

CLICK HERE to read the entire article as posted online, Miami Today

Should the Comprehensive Plan be changed from "environmental protected” to "estate density residential"; to accommodate 10 single family homes. Here is yet another example of the transparency rug being pulled out from under us by our current Village Council.

First a zoning matter that may have escaped your notice. Then, another word about transparency at bottom of this post. Note this property was originally home to a man-made lake, part of the FPL properties. It was originally designated as "environmental protected"under the Village of Palmetto Bay Comprehensive Plan passed under my first term of office.  The developer has filled in this lake and not seeks a change from "environmental protected" to "estate density residential"; amending the zoning map, referred to in Section 30-10.5, to change from "estate-single family" ("E-1") to "estate modified" ("E-M") (one unit per 15,000 sq. ft.; and site plan approval for the development of ten (10) single family homes. 

Your chance to hear more about this project and make your voice heard - pre-zoning hearing - is Wednesday, October 23, 2017, at 7:00 PM.

This was sent to me by a reader - I even missed it (until now). Thanks for the heads up. 

Was notification sufficient in timing and distribution to provide sufficient time for the neighborhood activists to notified their affected neighbors?

COMMUNITY WORKSHOP (WINDSOR INVESTMENTS)
Wednesday, October 23, 2019 - 7:00 p.m.
Village Hall Municipal Center

NOTICE IS HEREBY GIVEN THAT that that Windsor Investments, LLC shall be hosting a Community Workshop on Wednesday, October 23, 2019 at 7:00 p.m. The Community Workshop shall be held at Village Hall Municipal Center located at 9705 East Hibiscus Street, Council Chambers, Palmetto Bay, Florida 33157. Discussion and public input will be welcomed concerning the following items that may be of interest to your immediate neighborhood. 

Property Address:  North of SW 152nd Street, South of SW 149th Terrace (between SW 71st Court & SW 69th Court)
Property Folio:   33-5023-000-0582
Applicant: Windsor Investments (Westminster Manor), LLC
Application No.: VPB-19-007
Requests: Amending the Comprehensive Plan, referred to in Sec. 30-30.8, to change from "environmental protected to "estate density residential"; amending the zoning map, referred to in Section 30-10.5, to change from "estate-single family" ("E-1") to "estate modified" ("E-M") (one unit per 15,000 sq. ft.; and site plan approval for the development of ten (10) single family homes, pursuant to section 30.30.5 of the code of ordinances.

During the Community Workshop, a presentation will be made of the proposed development and there will be time for questions and answers. All members of the public are welcomed to attend, observe and give public comment. Councilmembers may attend and observe, but not participate. The workshop is held pursuant to Resolution No. 2018-14 requiring that potential developers make a presentation before the general public regarding potential development projects for the purpose of discussing the project parameters and characteristics in a public meeting.
***   ***   ***

The lake as it once was. It is now filled in - in the anticipation of 10 new home sites

The lake pictured is no more. The developer has been working on filling it in over the past 2 years. This is an important matter that has concerned many residents for a very long time. This is an example of why we need to protect and not receded from transparency. Or maybe this is a reason for the reduction in transparency.

I remain thankful that under my leadership, we passed Resolution No. 2018-14. requiring that potential developers make a presentation before the general public regarding potential development projects for the purpose of discussing the project parameters and characteristics in a public meeting. CLICK HERE to view this resolution sponsored by Council Member David Singer (and note that it is the only resolution for 2018 posted on the Village website. 118 resolutions were passed in 2018. One and only one is posted on the village - that being resolution 2018-14. Why are the other 2017 not posted? All resolutions past under my administration were posted up to October 2018 when I left office.  Transparency is important, or it should be)

118 resolutions - 117 are missing as of 7:00 AM, 10/22/2019.

FPL Franchise Fee Reboot. Once again, first attempt rendered invalid. Will a 5 year phase out become a 30 new encumbrance?

Most residents fail to realize that this current Palmetto Bay Village Council enacted its own tax upon our power bills. Note that this tax replaces a County (unincorporated Miami-Dade County) tax that was approved by the voters in 1992. Why is it that we could vote on a 30 year tax when we were unincorporated, but this current Village Council felt entitled to place a 30 year encumbrance upon our power bills by thir own unilateral action?  Final action was taken on June 17, 2019, at a special council meeting that few knew was being held, even fewer were able to attend. See the screen shot of the Manger report, photo right).

This is why I requested a meaningful town hall meeting. The current Village Council voted on an agreement that they obviously did not understand, and obviously failed to properly negotiate or even fully notify FPL as the power company rejected this franchise fee as 'passed' by this village council by a 3-2 vote (and how was there no representation by FPL at the first and Second reading to voice any objections?).

Once again, a swing and a miss that will cost anyone within Palmetto Bay who pays a FPL bill.

And, it is important to note, the $0.68 figure is misleading in my opinion, it is an “adjustment” figure, not the overall, actual cost, to each and every FPL account holder. That amount was not included in the memo.

VIEW THE ACTUAL FPL TAX INFORMATION: You won’t find the details online from Palmetto Bay, but you can CLICK HERE to view all 18 pages, the actual staff report and the long-franchise fee (another term for “TAX”) that I have placed on a google drive.

PLEASE CLICK HERE to read detailed information posted on my blog (much more complete than any information provided by the current Mayor, Manager or council member of this FPL Franchise fee issue).

Petition filed against the Village of Palmetto Bay by Yacht Club By Luxcom – seeking an administrative review of the rezoning of the properly commonly referred to as the “FPL Cutler Plant” property. Link to 616 page petition provided.

Litigation has commenced before DOAH

Petition filed against the Village of Palmetto Bay by Yacht Club By Luxcom – seeking an administrative review of the rezoning of the properly commonly referred to as the “FPL Cutler Plant” property. Link to 616 page petition provided.

I have not had the opportunity to review, having a full day ahead serving clients. I am putting out the link for those who would like to review on their own.  I will review and will offer my observations very soon. 

This action is entitled “PETITION FOR A DETERMINATION THAT VILLAGE OF PALMETTO BAY ORDINANCE #2019-17 IS NOT “IN COMPLIANCE” PURSUANT TO FLA. STAT. §163.3184” and is filed before the Division of Administrative Hearings (DOAH). Petitioner, YACHT CLUB BY LUXCOM, LLC filed a 616 page Petition, pursuant to Fla. Stat. §120.569, §120.57, and §163.3184(5)(a).

DOAH Case No.: 19-004612GM.

This petition was filed with DOAH on August 28, 2019, and has been assigned DOAH Case No.: 19-004612GM. The case has yet to be assigned to a specific Administrative Law Judge.

LINK TO VIEW OR DOWNLOAD COPY OF THE PETITION:

CLICK HERE to view the complete petition. Palmetto Bay officials have not yet had the opportunity to respond. The Village has a statutory period to review and determine its course of action.

RELIEF SOUGHT:

As stated on numbered Page 38 of the Luxcom Petiton (page 39 of the document),

Petitioner, YACHT CLUB BY LUXCOM, LLC, seeks entry of a Recommended Order by the Administrative Law Judge, pursuant to Fla. Stat. §163.3184(5)(d), determining that the Plan Amendment adopted by Ordinance No. 2019-17 is not “in compliance” as defined in Fla. Stat. §163.3184(1)(b) and submission of such a Recommended Order by the Administrative Law Judge to the Administration Commission for final agency action and entry of a final order determining and declaring such non-compliance.

In English, YACHT CLUB BY LUXCOM seeks to overturn the zoning ordinance predicated upon the technical arguments raised within the Petition.
__________________________

UPDATES:

08/29/2019, 1:22 PM, Scott Zaslav filed his Notice of Appearance on behalf of the Petitioner, Yacht Club by Luxcom, LLC. at 1:22 PM on August 29, 2019.

Breaking News - what was rumor has gone public - could Palmetto Bay become home to a State of Art Hospital at the Luxcom site?

The rumors that council have not discussed (or maybe they did not know) appear to have basis in fact. As reported in the Community Newspapers, Wednesday, April 17, 2019:

State-of-the-Art Hospital Planned for Palmetto Bay, by: Christopher Pearson, April 17, 2019

As reported:

If the Village of Palmetto Bay and award-winning South Florida developer Luxcom can agree upon the details, a new hospital will be built upon the last large undeveloped bayfront property in Miami-Dade County. The 71-acre parcel located at S.W. 67th Avenue and S.W. 152nd Street, just south of the community of Deering Bay, was purchased by Coral Gables-based commercial and residential developers Luxcom in December of 2018.

According to Luxcom CEO Oscar Barbara, the company plans to develop a world-class hospital offering 21st Century technology on a resort campus. The first phase will consist of medical campus with approximately 200 beds, surgical and rehabilitation areas within the main six-story building. There will also be an adjacent emergency center, Heli Pad, two medical arts buildings and plenty of convenient parking. 

“We have analyzed a variety of institutional uses on the property including a hospital and cemetery use and given that the Village of Palmetto Bay has decided to disregard its own expert’s recommendation that the property be zoned for 2.5 homes per acre, we are moving forward with a premier hospital development,” said Barbara. 

“Miami-Dade County is growing at a rate of 36,000 people annually and there is a pressing need for medical services. This new hospital will help address that need by serving the citizens of Palmetto Bay and the surrounding areas. The well-being of patients, visitors and staff will be our objective,” he added. 

According to Barbara, patients and their families will enjoy beautiful views of Biscayne Bay and flowering trees on a campus complete with wellness trails and tranquil natural areas for meditation, rehabilitation and exercise.

Luxcom offers more than 30 years of experience in developing properties throughout South Florida and has received more than 400 awards for its commercial and residential projects.

Click the Headline or CLICK HERE to view the complete story in the Community Newspapers!

Photo/source Credit - Community Newspapers

Luxcom / Formerly FPL - Cutler Plantation site - tool box of materials for ongoing development issue

Proceedings are ongoing in relating to the zoning, or rezoning, of the former FPL Power plant site - formerly known as Cutler Plantation (for marketing) and now owned by Luxcom, the owner is listed as "YACHT CLUB BY LUXCOM LLC" on the Property Appraiser website. 

RELATED PRIOR POSTS: (CLICK HERE) to view prior related posts on this FPL / Cutler Plantation / Luxcom / Yacht Club by Luxcom site.

THE REPORT: Calvin, Giordano & Associates (CGA) reviewed the development potential and determined a recommended “Trend of Development” relating to the former site of the Cutler FPL power plant formerly owned by FP&L.

The stated goal of the Trend of Development analysis is to provide clarity regarding which uses predominate in order to create land use and development patterns on the site that are compatible with the surrounding area.

GETTING TO THE POINT - THE RECOMMENDATIONS: Note the recommendation of between 140 and 200 single family units – note further than the prior administration that served from 2014-2018, rejected these recommendations and has held firm to the single unit per acre density. 

The recommendations (stated verbatim below) can be found on pages 13-14 of this report

PROPERTY DESCRIPTION: This property is described in the report overview as located at 6525 SW 152nd in the Village of Palmetto Bay. The FP&L property, identified in Miami-Dade County records under Folio 33-5024-000-0020, encompasses a total of 81.91 gross acres in the northeastern quadrant of the Village. The property has full frontage on Ludlam Road/SW 67th Avenue along its western boundary and partial frontage on SW 152nd Street along its southern boundary.

(CLICK HERE) to view and/or download your copy of the Trend of Development Report from March 2018, prepared by Calvin, Giordano & Associates (CGA)

What is contained in the Site Review/Trend of Development Report of March 21, 2018:

SPECIAL ATTENTION TO: The report noted the following surrounding residential uses (density) (beginning page 9) – noting existing average density from a low of 2.5 units an acre to a high of 9 units an acre:

• To the north, King’s Bay Subdivision, an established 68-acre gated subdivision located within the boundaries of the City of Coral Gables. 150 dwelling units (du’s) at an average density of 2.5 du/acre.
• To the southwest, Royal Palm Estates, a subdivision of approximately 22 lots - the average density in this subdivision is approximately 2.5 du/acre.
• To the southeast, Paradise Point, a gated subdivision within the Village of Palmetto Bay, consisting of 12 single family homes, approximately 100 townhouses, and amenities including a marina. The average density in this neighborhood is 9 du/acre.

REPORT CONTENTS:

1. Overview - description of the study site.
2. Statement of Purpose - The goal of the Trend of Development analysis is to provide clarity regarding which uses predominate in order to create land use and development patterns on the site that are compatible with the surrounding area.
3. Site History - The long history of this site beginning with the original settlement by William C. Cutler in the 1910’s and was used as a plantation estate for many years. There are many historically significant entries.
4. Existing Conditions
   4. a Existing Land Uses - The FP&L site is 81.91 acres overall, of which 6.89 acres are submerged lands according to the Miami-Dade Property Appraiser records.
   4.b Environmental Factors - including the fact that approximately two-thirds of the site are located within the FEMA Special Flood Hazard Areas (Flood Map 12086C0468L,
effective on 9/11/2009), classified as either Flood Zone AE 11, AE12 or AE13. Portions of the shoreline have mangroves.
Site contamination has also been found. Future property owners/developers will have to take these factors into consideration and meet applicable all pertinent environmental regulations and Base Flood Elevation (BFE) requirements.
   4.c Future Land Uses - (SPECIAL NOTE - THIS IS THE CRITICAL ACTIVITY CURRENTLY ONGOING before the Village Council) - The Village’s Future Land Use Map 2005-2025 (FLUM) indicates that the majority of the property is designated as an Institutional and Public Facility.
   4.d Existing Zoning -  noting that "Like the future land uses, the site’s zoning is split in a corresponding manner. The area classified as EDR is zoned E-1, One Acre Estate Single Family District. Per Sec. 30-50.6 of the Land Development Code (LDC)...."
   4.e Surrounding Uses - (NOTE SPECIALLY PULLED OUT and listed separately)
   4.f Future Land Uses and Zoning of Land in the Surrounding Area
5. Trend of Development - Both is section 5 and 6 (beginning page 11 should be given special attention, careful reading) 
6. Recommendations: Note the recommendation of between 140 and 200 single family units – note further than the prior administration that served from 2014-2018, rejected these recommendations and has held firm to the single unit per acre density. 

The recommendations (stated verbatim below) can be found on pages 13-14 of this report:

Based on the Trend of Development analysis, CGA recommends that a density and development character comparable to and compatible with the single-family residential development known as King’s Bay be maintained on the FP&L site. King’s Bay contains approximately 68 acres and 150 residences to the north of the FP&L site. The site was platted in the 1950’s. A majority of those residences were built between 1960 and 1990. This development is completely built-out at a density of approximately 2.5 dwelling units per acre. 

To ensure compatible future development on the FP&L site, the Village should amend the Future Land Use Map re-designating the property as Low Density Residential (LDR), ranging from 2.5 and 6.0 du’s per gross acre, combined with a rezoning to E-M Estate Modified Single- family district that requires lots be a minimum area of 15,000 square feet. 

   ***   ***   *** 

At the recommended Future Land Use and Zoning classifications, between 140 and 200 single-family dwelling units could be developed on this site.

EDITOR'S NOTE/RECOMMENDATION: The matter is now before the Palmetto Bay Village Council. I recommend holding to the 1 unit an acre. 1 unit an acre is defensible, if the evidence is properly presented and the proper findings made by this Mayor and Council. 

Not an April Fools prank. The FPL Franchise Agreement will finally receive public scrutiny as it will be NOW discussed on the April 23 COW. A win for grass roots.

Congratulations to everyone who is pushing for transparency from the current Palmetto Bay Council (and thank you Councilman David Singer).

The FPL Franchise Fee issue will now (for the first time) be added to a Committee of the Whole Agenda. It's a little late, but better late than never. The FPL Franchise Agreement will be discussed on the April 23 COW.  The agenda has not yet been released, but we will take their word for it and verify.

This is a partial win for the good of the residents as we can now be involved in the discussion. This is a result of continuous grass roots pushing and prodding. It would be best for all concerned if the final agreement went to the voters to approve or deny, just like the Pinecrest Water Bond Vote. It can be done, it only takes political good will of our elected officials and their trust in the voters to do the right thing.

This is an ordinance what has already been heard and passed (4-1) as item 13C on first reading at the January Regular Village Council Meeting. (CLICK HERE to review the original agenda item that passed 4-1). The ordinance will require a third reading should their be substantial changes to this Franchise Fee Ordinance. This would be in the best interest of our village.

Demand a vote on whether or not Palmetto Bay should enact a franchise fee.

Again, thank you everyone who are making their voices heard!

Eugene Flinn

CLICK HERE to review related posts on the FPL Franchise Fee issue.

Update: FPL is working with Miami-Dade County DERM and has pulled a NFC Permit (photos and copy of permit provided)

Work is ongoing as of Wednesday, March 13, 2019.  FPL sought and received a NFC Removal Permit issued 2-05-2019 (CLICK HERE to download and view).

Why is this important to me? See a guest post of October 18, 2018, What’s So Special about a 22 Acre Forest on Old Cutler Road, by Eduardo Varona.

This strand of Pine Rockland is part of the less than 2% of Pine Rockland habitat remaining in Miami-Dade County. It is of the utmost importance that we should be working to preserve and protect what little is left of it. We need everyone to join the fight to protect the remaining Pine Rocklands. 

I am providing some photos of the FPL work.  My understanding is that these new poles will reduce the foot print of the power poles within the Ludlum Pineland Preserve (actually part of FPL property as indicated on some of the signs that are posted throughout this area).

Also see prior post of Tuesday, March 12, 2019, Update on power pole work in Palmetto Bay. Pole replacement continues in the area of the FPL "easement"area that runs east to west from Old Cutler Road to Southwest 74 Avenue between Southwest 148 Street and Southwest 146 Terrace in Palmetto Bay.

The Ludlum Pineland Preserved is a usual stop for the annual Palmetto Bay Earth Week family bike ride (3 photos from 2 past events posted below) where the ride group stops to gather, catch up and reflect upon the beauty / need to protect the few remaining strands of Pine Rocklands.

Update on power pole work in Palmetto Bay. Pole replacement continues in the area of the FPL "easement" area that runs east to west from Old Cutler Road to Southwest 74 Avenue between Southwest 148 Street and Southwest 146 Terrace in Palmetto Bay.

FPL has been hard at work on pole replacement in Palmetto Bay in 2019.  I am updating prior reports on this work, including a recent post of February 10, 2019, Report: The FPL Power Pole delivery trucks started rolling into the neighborhood at 8:20 on a quiet Sunday morning.  

This work continues in the area of the FPL "easement" area that runs east to west from Old Cutler Road to Southwest 74 Avenue between Southwest 148 Street and Southwest 146 Terrace in Palmetto Bay. 

FPL has advised that this work is expected to be completed by May 2019.

As posted on the official Palmetto Bay website. (CLICK HERE) to view the official source.

Posted on: March 12, 2019

FPL to Conduct Pole Repairs, Upgrades in Palmetto Bay:

Please see notice below for locations, dates and times from FPL's Area Project Manager: 

Dear Neighbor,

We understand how much you depend on reliable energy and we’re continuously working to make it better. In fact, we’re working on a project in your area that will help improve the reliability of the energy grid in good weather and bad.

This project will require transmission power line pole replacements and upgrades along the existing easement to enhance reliability in Miami-Dade County. The project begins along the easement east to west from Old Cutler Road to Southwest 74 Avenue between Southwest 148 Street and Southwest 146 Terrace in Palmetto Bay. Work is scheduled to begin this month and is expected to be completed by May 2019.

In order to perform the pole replacement and upgrade work, bucket trucks and large cranes will be necessary to access the power line pole structures. The majority of the work will take place between 8 a.m. and 5 p.m. Monday through Friday. We will do everything possible to keep any power interruptions to a minimum while this work progresses. Should an outage of 15 minutes or more become necessary to complete the work, we’ll notify you at least five days in advance and provide details at that time.

We pledge to work safely and respectfully in your community, as well as make reasonable efforts to minimize construction-related noise and any other inconveniences to you or your neighbors. We plan to make interim repairs to restore grounds to ensure the safety of the area after the work is completed. We will make permanent repairs once construction is complete. 

Should you have any questions concerning this project, please call 1-800-693-3267, Monday through Friday, between 9 a.m. and 5 p.m. Please refer to Cutler-Galloway T19301 Pole Replacement & Upgrade project.

Sincerely, 

Carlos CandelariaArea Project Manager

I will continue to keep you up to date.

Eugene Flinn