Environmentally Sensitive Land Cleared in Boca Raton WITHOUT a Permit from City

Why has over 20,000 sq. ft. of environmentally sensitive land (ESL) been cleared between I-95 and NW 5th Ave. over the past few days? It appears that there has been no permit issued by the city for clearing this ESL. There appears to have been no attempt by the operator of the Bobcat equipment to protect or preserve any of the endangered wildlife, such as gopher tortoise that are known to habitat the area.

Is it a coincidence that on 12/21 the city received the contingent approval from the Florida Dept. of Community Affairs (DCA) to change the land use on this 79 acres of land the city (which has been designated as environmentally sensitive by the city) from residential-low density to planned mobility and less than a week later the land is being cleared? This land use change was actively opposed by residents in the adjacent single family homes along NW 5th Ave. between Spanish River Blvd. & Yamato Rd./East of I-95. This land use change would allow over 1.3 million sq. ft. of development and over 1,500 residential units to be developed on this land instead of the approx. 240 units allowed under the existing land use designation.

On 12/23 & 12/24 neighbors in the Spanish River HOA area along NW 5th Ln. & NW 50th Place heard land behind their houses being cleared. When residents investigated the activity on this environmentally sensitive land they were told by the operator of the Bobcat (with a bush-hog clearing implement on the front) that this was a fire road he was clearing.

This operator of the Bobcat did not have any surveying stakes or protective fencing to designate the specific area to be cleared or to protect the sensitive wildlife in this area. There was no permit visible on the site which was entered on the west end of NW 50th Place.

These pictures illustrate the extensive damage done to the ESL on this property. At a public meeting on Nov. 3rd the CEO of the property owner stated that this property was for sale.
Was this clearing related to the approval of the land use change and the planned sale of the property?

What legal responsibility, if any, does the property owner have for this clearing of ESL without a permit from the city? Will this be investigated in a similar manner to the recent US Foodservice damage to ESL in north Boca Raton in which they were fined over $200k and had to restore the damaged ESL adjacent to their property?

The Notice of Intent issued by the DCA on 12/21 indicates that the amendments to the city's comprehensive growth management plan are not effective until after 21 days of publication of the notice and is subject to being challenged by affected residents. Accordingly, the land use change was not effective as of the date of this clearing operation so who is responsible for this destruction of this ESL area?

Boca Del Mar Board Votes Against Development On Golf Course

Boca Del Mar board votes against plan to redevelop golf course
By Rebekah Monson, Sun Sentinel - December 19, 2010

A controversial plan to develop a defunct golf course in Boca Del Mar will move forward without the support of the community's homeowners association.

In 2004, the Boca Del Mar Improvement Association's board of directors voted to support a plan to build townhomes on the former Mizner Trail Golf Course, but last week the board voted 6-1 not to support a new proposal for development from Siemens Group, a Boca Raton developer.
"We're all very surprised that this has come up again, but this time the board listened," said Brian Coleman, a Boca Del Mar resident and member of the Second Coalition Against Mizner Development, a group that opposes development on the course. Board members did not respond to e-mail and phone calls requesting comment.

In 2006, the County Commission rejected an plan from course owner Dutch Bliss to build 202 townhomes on the course. Siemens plans to continue the rezoning process with the new plan despite the board's vote. If the County approves the change, the earliest units could be finished would be June 2012, said Justin Siemens of Siemens Group. Siemens' development is a lower density than the rejected plan, and it makes better use of the property than the vacant course, said Richard Siemens, president of Siemens Group. "This is a totally different approach in a different time period," he said.

But residents remained concerned about overcrowding, traffic, declining values of existing homes and loss of green space if housing is built on the course, said Rosemary Nixon of the Second Coalition Against Mizner Development. "The only significant difference that is proposed this time is more units, and they're on every fairway of the golf course," Nixon said. "The developer maintains that it's a lower density, but it impacts more homes and more properties and totally destroys all the green space."

The developers decreased the number of proposed units and moved new homes away from existing buildings, based on input from residents who live around the course, Richard Siemens said. "When we could make the plan better, we did," he said. "These are our neighbors. We want to be cooperative."

Two public rezoning hearings are scheduled in January...January 7th = P&Z board meeting

Siemens Group's contract to buy the golf course from owner Dutch Bliss is contingent on county approval of the project. Bliss bought the property in 1998, planning to keep the course open temporarily and then develop the land into housing. He closed the course in 2005, saying that he could not afford to maintain it. A deed restriction mandating that the land be used as a golf course expires in December 2012, but most residents would prefer the space remain a golf course or be converted into a park, Nixon said.

"They couldn't put another golf course on it for the simple reason that it would cost $6 million to $7 million," said Arnold Levinstein, a 22-year resident of Boca Del Mar whose home overlooks the course. "I would love it, but it would be a losing proposition." The Seimens Group plan would be better than looking across weedy, fallow land, and a well-maintained development would improve his property value, Levinstein said.

"The reason a lot of us bought there was because of the open space," Coleman said. "To take it away would be wrong."

Rebekah Monson can be reached at 561-243-6624 or rsmonson@SunSentinel.com.

Save Boca Raton Beaches - Sign the Petition

Are you aware that a beach in North Boca Raton purchased by city taxpayers may be considered for development of a private beach club?

Residents have filed a petition with the city in order to request residents to vote on whether they want to protect public beaches from being used for private development. If you want to help protect the Boca Raton beaches, then please send us an email at saveboca4u@gmail.com and we will email you the petitions.

Time is short as this residential effort only has until approx. 12/21/10 to obtain 1,000 signatures of registered voters within the city limits.

Thank You for Your Assistance,
Save Boca Raton Green Space
"A residential advocacy group"
------------------Background Info on This Issue---------------
Boca Raton Ocean Strand land needs to be preserved for recreation, residents say

The oceanfront land was purchased by the city in 1994 to save it from development but the land is still zoned for residential use

By Angel Streeter, Sun Sentinel - July 20, 2010Residents who live near the Greater Boca Raton Beach & Park District's 15-acre oceanfront property recently fought off a developer. Now they want it rezoned to keep builders away for good. The request comes after their protests thwarted the developer, who recently proposed building a beach club on a portion of the Ocean Strand property on State Road A1A. In May, the park district board said it had no plans to sell or lease the property after residents came out in droves to protest the proposal. And just Monday — after the City Council noted they had not received a response from the park board inquiring about its plans for the property — board Chairman Bob Rollins sent a letter to Mayor Susan Whelchel reiterating the park district's plans to use the land for a park.

"In evaluating the comments received from the public on this subject, there does not appear at the current time to be any public benefit to be enjoyed by the community other than use of this property for park purposes," he wrote in the letter. But that's not enough for some residents. They contend the best way to protect the land from future developers is to change its zoning from residential to recreation. "The land usage has to be changed," said Andrea Stekloff, who lives in the Boca Towers condominiums just north of the property. "We don't want to have to go through this again in another 10 years.

"Penn- Florida Companies expressed interest in building a beach club on part of Ocean Strand as part of its Via Mizner project, a redevelopment project planned at the northeast corner of Federal Highway and Camino Real in downtown Boca Raton. The mixed-use development, approved by the city Community Redevelopment Agency in 2006, would consist of a 118-room luxury hotel, office space, 192 condominiums and high-end retail stores and restaurants.

In April, Penn-Florida asked city officials to help it secure the beachfront part of the land from the park district. In a letter, the company called a beach club a necessary amenity to attract an exclusive international hotel that has expressed interest in Via Mizner. Since then, residents have been skittish, worrying that the developer would find some way to get ahold of the land, which the district purchased in 1994 for $11.9 million to save it from development. So residents asked the park district board on Monday to request a zoning change from the city. But the district's attorney suggested the board wait until it has developed a master plan, a sort of blueprint of how the land could be used. That process could take several months.

Green Stewardship? City Approves Huge Development on Environmentally Sensitive Land - Send Email/Oppose

On Oct. 26th the city approved an amendment to the city's comprehensive plan which included a land use change on 79 acres of land adjacent to homes along NW 5th Ave. and North of Spanish River Blvd. This land is currently designated for Low Density Residential (RL) land use that would allow approx. 240 homes, but as a result of the city's action this land has been approved for over 1.3 million sq. ft. of development. This approval is the equivalent of approximately 7 Super Wal-Marts and would allow approx. 1,600 new housing units.

Does Boca Raton need another 1,600 housing units considering the glut of foreclosures?

Does Boca Raton need the development of the equivalent of 7 Super Wal-Marts?

The property owner (Boca Raton Regional Hospital) has indicated that they have no specific plans for development, but their representative indicated at a public meeting in early Nov. that this land was for sale. They purchased this land in 2005 for $25 million and the value has declined to $5-6 million according to the PBC property appraisers office. It is expected that this approval will significantly devalue the adjacent residential property and result in a significant increase in the value of the 79 acres. You do not need to be a real estate expert to understand that this land use change is very detrimental to the residential property values in the area.

This 79 acres is designated as Environmentally Sensitive Land (ESL) and the FL Dept. of Community Affairs (DCA) had objected to the land use change in their earlier review of this proposal. DCA recommended the city retain the RL designation for this land unless they could provide the "data & analysis" to justify the change on this specific location. At the Oct. 26th meeting of the city council there was discussion on the amount of development that should be allowed and an elected official suggested caution in approving a reduction from over 2 million sq. ft. originally proposed since the city council DID NOT HAVE THE DATA TO SUPPORT A CHANGE. This statement is clearly shown on the video of this meeting on Oct. 26th as sown on the wity web site under Agendas and Minutes.

This data & analysis is what the State oversight dept. requested in their prior objection, so how did the city continue to request this land use change in their Nov. 8th response to the DCA's objection if they did not have the requested "data & analysis" to support this approval at the time of adoption?

Is the development of approx. 1,600 residential units or a combination of over 1.3 million sq.ft. of commercial/retail buildings consistent with the environmentally sensitive nature of this property?

Where is the responsible "green stewardship" that the city leaders are always talking about?

These actions speak louder than words as this is very poor environmental leadership by the city and it is very detrimental to the residents in the Spanish River residential area.

Take action today to protect environmentally sensitive land and support your residential community - Email the FL Dept. of Community Affairs and request this Land Use change not be approved due to the inconsistency with the Environmentally Sensitive Land Use designation and the data and analysis has not been provided to support this land use change on the 79 acres (per DCA ORC Objection #3).

Email to: Bob Dennis - bob.dennis@dca.state.fl.us

Send your emails ASAP since the FL DCA will be issuing their final review of this proposal by Dec. 21st.

City Approves >1.3 million sq.ft. Adjacent to Residental Area at Spanish River Blvd.

On Oct. 26th the city approved a land use change on 79 acres of land adjacent to homes along NW 5th Ave. and North of Spanish River Blvd. This land is currently designated for Low Density Residential (RL) land use that would allow approx. 240 homes, but as a result of the city's action this land has been approved for over 1.3 million sq.ft. of development. This approval is the equivalent of approx. 7 Super Wal-Marts and would allow approx. 1,600 new housing units.



Does Boca Raton need another 1,600 housing units?

Does Boca Raton need the development of the equivalent of 7 Super Wal-Marts?



The property owner (Boca Raton Regional Hospital) has indicated that they have no specific plans for development, but their representative indicated at a public meeting that this land was for sale. They purchased this land in 2005 for $25 million and the value has declined to $5-6 million according to the PBC property appraisers office. It appears that this approval will significantly devalue the adjacent residential property and result in a significant increase in the value of the 79 acres. You do not need to be a real estate expert to understand that this land use change is very detrimental to the residential property values in the area.



This 79 acres is also designated as Environmentally sensitive and the FL Dept. of Community Affairs had objected to the land use change in their earlier review of this proposal and recommended the city retain the RL designation for this land unless they could provide the "data & analysis" to justify the change on this specific location. At the Oct. 26th meeting of the city council there was discussion on the amount of development that should be allowed and an elected official suggested caution in approving a reduction from over 2 million sq.ft. originally proposed since the city council DID NOT HAVE THE DATA TO SUPPORT A CHANGE. This statement is clearly shown on the video of this meeting on Oct. 26th and this data & analysis is what the State oversight dept. requested in their prior objection. According to this statement by an elected official it appears that at the time of the approval this recommendation by the FL DCA was not met by the city.



Is the development of approx. 1,600 residential units or a combination of over 1.3 million sq.ft. of commercial/retail buildings consistent with the environmentally sensitive nature of this property? Where is the responsible "green stewardship" that the city leaders are always talking about? These actions speak louder than words as this is very poor environmental leadership by the city and it is very detrimental to the residents in the Spanish River residential area.



Take action today to support your residential community - Email the FL Dept. of Community Affairs and request this Land Use change not be approved due to the inconsistency with the Environmentally Sensitive Land Use designation and the data and analysis has not been provided to support this land use change on the 79 acres (in DCA ORC Objection #3).



Email to: Bob Dennis - bob.dennis@dca.state.fl.us



Send your emails ASAP since the FL DCA will be issuing their final review of this proposal by Dec. 21st.