PB: Is the “Neighborhood Protection” Ordinance Necessary?

by SDM

In a post on May 21, 2012, SDM noted that Palmetto Bay had not made an adequate finding of necessity for the development moratorium now in effect. The idea of requiring a finding is to force the village to make an inquiry into the “necessity” of not just a moratorium, but the underlying ordinance as well.

So, SDM decided to do a little investigating the alleged threat facing Palmetto Bay residents. You see, Palmetto Bay is pretty well built out, so SDM went to Google Earth and scanned all of the village to determine how many large parcels of land remain undeveloped.

SDM’s very, very unscientific assessment is that there are only three undeveloped parcels of any significant size (3 acres or more) left in the village. (SDM is ignoring government-owned properties. Westminster is removed because it is basically built-out. The multi-million dollar Palmer mistake is also not included.) By SDM’s count, you have the following properties at issue:

6960 SW 144th St (4.9 ac) Single family owner

16435 SW 90 AVE (8.83 ac) Christ Fellowship

7350 SW 162 ST (8.76 ac) Single family owner

17345 OLD CUTLER RD (4.5 ac) Bayfront residential

17401 OLD CUTLER RD (7.57 ac) Bayfront residential

17505, 17575 OLD CUTLER RD (+/- 8 ac) Bayfront residential

17601 OLD CUTLER RD (4.5 ac) Bayfront residential

17901 OLD CUTLER RD (54.6 ac) Palmetto Bay Village Center

17701 SW 97 AVE (5.33 ac) Miami Children’s Hospital

Franjo & Hibiscus (5 ac) Shores at Palmetto Bay – in litigation

SDM would take out the bayfront residential properties from any “neighborhood protection” discussion because virtually no institutional use would be economical on such expensive property. So the list narrows:

6960 SW 144th St (4.9 ac) Single family owner

16435 SW 90 AVE (8.83 ac) Christ Fellowship

7350 SW 162 ST (8.76 ac) Single family owner

17901 OLD CUTLER RD (54.6 ac) Palmetto Bay Village Center

17701 SW 97 AVE (5.33 ac) Miami Children’s Hospital Owned

Franjo & Hibiscus (5 ac) Shores at Palmetto Bay – in litigation

Now, SDM would remove Miami Children’s, Shores and the Palmetto Bay Village Center because the first two are in commercial areas and the PBVC is master-planned and has its entitlements already. So, the list narrows further:

6960 SW 144th St (4.9 ac) Single family owner

16435 SW 90 AVE (8.83 ac) Christ Fellowship

7350 SW 162 ST (8.76 ac) Single family owner

SDM Shocking Conclusion: Essentially, the three amigos dragged the entire community into a gut-wrenching debate over three properties, all of which are smaller than 10 acres! Outrageous and ridiculous, right?

SDM P.S. Question for Lawyers: Does changing the zoning code for three properties constitute illegal spot zoning?

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