Calusa development on hold as appeals court upholds overturn of zoning vote

Miami-Dade Commissioners will have to re-vote on the zoning and land use changes for the abandoned Calusa golf course if developers still want to build 550 homes on the 168 acres. An appeals court on Wednesday upheld an earlier court’s invalidation of the 2021 approval because the county had not provide the required pubic notice.

And it is highly unlikely developers will be able to get the same density now that environmental studies have shown proof that the site is a breeding rookery for Florida’s endangered tri-colored heron — as well as a bunch of other birds — and a foraging site for the endangered bonneted bat.

Developers also face a different board, with five brand new commissioners to convince and fewer excuses now that (1) the former commission voted to move the Urban Development Boundary — a reason given for approving this zoning change within the UDB — and (2) another mega residential project was approved just a few blocks away, providing the “vitally needed housing inventory.”

The zoning vote in November 2021 — which changed the land use from parks and recreation to multi-family — was invalidated by the court last November after a group of opposing neighbors, the Save Calusa advocacy group, filed a lawsuit complaining of insufficient notice. The court found that the county failed to re-notice the hearing after it was conveniently cancelled preemptively for a forewarned lack of quorum.

In Wednesday’s opinion, the three-judge panel noted that the county had even been told the notice they gave was not sufficient.

“The county was forewarned … that its notice was defective,” reads the ruling. “The notice reflected the wrong applicant, and the county failed to publish notice as required. Nonetheless, it proceeded forward with the hearing.”

That’s arrogance.

The judges further said that the county attorneys’ arguments — basically that a new notice was not necessary because the commission merely postponed the item to another day — “miss the mark.”

“The original hearing was not convened and recessed. Instead, it was canceled before it was scheduled to occur. Thus, the hearing on the resolution cannot be deemed a mere continuation of a properly noticed hearing,” the ruling reads.

Amanda Prieto, the homeowner activist who started the Save Calusa group, said she felt heard. “I’m thrilled the courts upheld the importance of public notice and public input,” Prieto said.

She also hopes the county sees this as an opportunity to maintain the green space. Prieto and other homeowners and activists want the county to purchase the land and turn it into a natural preserve or park.

“This is a huge win for residents fighting for green space and public participation,” said attorney David Winker, who represents the Save Calusa group. “Our elected officials are reminded once again that they work for residents and will be held accountable by those that elected them.”

Winker said that the owner/developers could build 32 homes on the land but that any deviation should be met with skepticism since it’s been proven they lied about everything.

“The developer and county claimed from Day One that there was no wildlife worth saving, just some ‘cattle egrets.’ But the Florida Fish and Wildlife Commission found that they were wrong,” Winker said.

“The county needs to step up and buy this land and turn it into a much needed park for residents.”

And it could be a bargain now that the developers can only build 32 homes there.

Calusa zoning vote invalidated by appeals court by Political Cortadito on Scribd

Calusa

Calusa development on hold as appeals court upholds overturn of zoning vote added by Ladra on February 2, 2023
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