Save Boca Raton Green Space

Ocean Breeze Golf Course Update - Over 47,000 Rounds in 9 Months

2012-01-28T08:04:00.000-08:00

According to the court appointed receivers 9 month report there were 47,461 rounds of golf played during the first 9 months at the Ocean Breeze golf course. This golf course is the only championship level public golf course located within the city limits of Boca Raton.

This 27-hole golf course property & hotel has been in foreclosure by Wachovia/Wells Fargo bank since March 2010 as a result of MCZ Centrum failing to make payments on their $7 million mortgage and failing to pay real estate property taxes for over 2 years. There have been no recent filings on the foreclosure by Wells Fargo (acquired Wachovia) so they appear content to allow Arnold Palmer golf management company to continue operating this property as the appointed receiver since Jan. 2011.

Arnold Palmer golf management company was the first professional golf course manager in this property's over 40 year history and they have done a great job in only 1 year in rehabilitating the quality of the golf course. This golf course was operated as a private country club for the first 35+ years and only become open to the public in recent years. As shown by the over 47,000 rounds of golf played in only 9 months this is a valuable recreation resource to the Boca Raton community.

What is the future of this property after the foreclsoure? Is Wells Fargo willing to accept a short-sale offer to a buyer who is interested in preserving this community recreational amenity?

Environmental Update/Ocean Breeze-Boca Teeca

2011-12-19T05:40:00.000-08:00

The environmental report requested by the FL DEP has been filed with the West Palm Beach office of the DEP as of early Dec. - This entire report is available online via the DEP's OCCULUS system.

While there was some significant discrepancies between the EPA/DEP testing results and the environmental firm hired by the property manager, the primary recommendation by the last report is for a deed restriction on the property area containing the golf course maintenance so that it is not developed nor used for any other purpose.

The DEP staff member has yet to review the latest report for the official DEP recommendations, but it would appear that with this recommendation by the environmental firm hired by the property manager to restrict other uses of the land, then it is unlikely that there will be any development of this specific site without significant remediation of the dirt in this area.

Meanwhile, the golf course continues to be a success under the management of the Arnold Palmer group that has been operating the Ocean Breeze Country Club since a receiver was approved in Jan. 2011. The property is still in foreclosure and it appears that the bank, Wells Fargo, is in no hurry to complete the foreclosure since they have not filed any new documents in several months with the county to complete the foreclosure process - started approx. March 2009

Boca Teeca Golf Course Foreclosure Update

2011-07-29T04:45:00.000-07:00

The owner of the property, MCZ Centrum and the loan guarantors have retained new legal counsel in the foreclosure case by Wells Fargo bank (formerly Wachovia bank). The receiver continues to operate the property under the management of their affiliated company, Arnold Palmer Golf Course Management Co.

The golf course (d/b/a Ocean Breeze Country Club) is open daily to the public and remains the only championship level golf course within the city that is open to the public. The condition of the golf course has improved steadily since the receiver took control in February 2011 and the number of golf patrons appears to be at the highest level in many years as a result of the improved conditions and the promotional rates. Area golfers should call the golf course to make a tee time and to learn about the current promotional rates: 561-994-0400

The environmental consulting firm retained by the receiver has conducted testing on the portion of the golf course that was determined to be incompatible for residential or industrial use according to the EPA & FL DEP report issued in August 2010. The FL DEP is awaiting the analysis by the private environmental consulting firm in order to determine the size of the impacted area and the possible solution to cleaning-up this problem. It should be noted that there are several area golf courses that have had similar environmental problems that have been monitored for several years, but these other golf courses retained their use and was not proposed for other development uses. Adjacent property owners are obviously concerned that the hazardous chemicals may have migrated to their property or ground water and are of course watching this issue closely.

Boca Teeca Environmental Cleanup Update

2011-06-30T05:48:00.000-07:00

On June 14th Environmental Assessments & Consultants, Inc. was granted an extension until Nov. 30th to provide a site assessment on the environmental cleanup at the Ocean Breeze golf course. Florida DEP staff have indicated that the environmental testing was scheduled to begin on June 29th. Based upon these test results the testing will continue with the water monitoring in the area near the maintenance facility on the South golf course.

The correspondence with the FL DEP indicates that "the property owner (MCZ Centrum) has not been directly involved for some time and the property has been placed in receivership."

The property continues to be open for business as the Ocean Breeze Country Club and remains the only championship level golf course within the city that is open to the public. The receiver is affiliated with The Arnold Palmer Golf Course Management Co. and is operating the golf course under this management company. The foreclosure is still pending with recent court documents indicating that the owners and their principals have retained a new legal representative for their defense. Several MCZ Centrum developments in Florida are also in foreclosure with the recent foreclosure completion of a Boynton Beach property that was never developed.

Keep Boca Beaches Public - Ocean Strand Update

2011-05-24T04:43:00.000-07:00

The Greater Boca Raton Beach & Park District held a meeting yesterday at Sugar Sand park to kickoff the long awaited design of the Ocean Strand park on North Ocean Blvd. For over a year residents have been promised that their input would be considered for the ultimate design and use of this property. Even though the meeting was attended by a large number of residents seeking to provide input into the design of the park the meeting was adjourned WITHOUT ALLOWING PUBLIC INPUT!

Many residents attended this meeting which was moved to a large room from the normal board room used for meetings of the park district. The presenter from the design company hired by the GBRBPD requested input from the public and from the commissioners, but when it was time for the expected public input, the executive director of the district explained that the district has setup a web site to accept recommendations and commissioners quickly adjourned the meeting without allowing public input--as is normally the case for such meetings. There was no mention of the next scheduled meeting for providing public input on this park design. The web site referenced in the meeting does not have any icon or web page seeking input from residents on the park design.

Was this meeting being run by the attorney, Arthur Koski? Who is recommending the district not cooperate with residential requests even though the city attorney has publicly indicated that all that is needed for the city to change the land use on Ocean Strand is a letter from the park district to request a change in the designated land use to parks & rec. The historical medium density land use has been in place prior to the acquisition of the land by the district when the land was purchased to prevent a residential development. Is the attorney for the park district racking up thousands of dollars in additional legal fees by recommending against the resident's wishes to change the land use?

Residents have obtained over 1,500 voter signatures to require the city to hold a referendum to prevent any private uses of the publicly owned land all along the beach area of the city. The city attorney has refused to accept these petitions and initiate the referendum process due to her legal opinion. This petition effort for a referendum by voters has already upheld by a PBC court, yet the city and the park district continue to oppose residential efforts. The city and the park district are now spending thousands of taxpayer dollars to appeal this court decision and oppose the referendum initiative that is allowed under the city charter.

All of this wasted spending could probably be avoided if the park district commissioners would simply send a letter to the city in order to officially request the land use change on the Ocean Strand property that would restrict the use to parks & rec. for the public.

For more information on this residential effort to Keep Boca Raton Beaches Open to the Public, please visit the web site: http://www.keepyourbocabeachespublic.org/

Update of the Boca Teeca/Ocean Breeze Proposed Golf Course Conversion-Development of >200 Townhouses

2011-05-06T05:29:00.000-07:00

Dear Boca Raton Neighbors,

The approved development of over 200 townhouses on the South portion of the Ocean Breeze golf course has received an extension of the original conditional use deadline of 4/12/11. According to city records Mr. Jeff Evans requested this extension in Sept. 2010 under a new State law that provided for automatic extension of 2 years for such a development so this development is pending until at least 4/12/13 as confirmed by correspondence from the city to & from Mr. Evans.

Why didn't the owner of the property, MCZ Centrum, request this extension?

Is Mr. Evans acting legally upon the request of the property owner, or is there some other legal right that he has to request this extension?

Tthe property remains in foreclosure and is operating as the only 27-hole championship level golf course within the city limits of Boca Raton that is open to the public. The foreclosure precess started in March 2010 and the current receiver was appointed in Jan. 2010 after large tax liens were placed on the property. It is estimated that the tax liens now exceed $650,000 based upon non-payment of property taxes to PBC, sales taxes to PBC & sales taxes to the State of FL. If the 2010 property taxes are not paid then the tax liens would be approaching $1 million.

Additionally, the Florida Dept. of Environmental Protection (DEP) has action pending versus the property owner for cleaning up the hazardous levels of arsenic and other toxic chemicals found on the property by the EPA & DEP in Jan. 2010. It is our understanding that the property owner has until July to respond to the DEP with their own environmental assessment and their proposed plan to cleanup the property.

Neighboring property owners are interested parties since the DEP report indicated that the source of the contamination found on at least one adjacent property was due to the activity on the golf course property. What are the costs of this cleanup on residential property and how much is the legal liability to the resdiential property owner(s)?

Boca Raton Approves Future Development on Environmentally Sensitive Land

2011-03-31T20:52:00.000-07:00

The city of Boca Raton has changed the Land Use (similar to rezoning) on 79 acres of land that the city's own comprehensive growth management plan has designated as Environmentally Sensitive Land. Why do city officials talk about being green or responsible environmental stewards and then bend over backwards to bailout a poor real estate investment? This property is located between Spanish River Blvd. & Yamato Rd. & East of I-95 and West of NW 5th Ave. The current city leaders approved over 1 million sq.ft. of development on this property against the wishes of the area residents.

Best Golf Deal in South Florida - Ocean Breeze Country Club

2011-02-08T04:42:00.000-08:00

All-Inclusive Golf Promotion:
* Unlimited Golf/27 Chamionship Holes
* Breakfast Buffet
* Lunch Buffet + 1 Free Draft Beer
* $32 / FL Resident Seniors (Age 60+)
* $39 / FL Residents (Under Age 60)
* $45 / Non-FL Residents

Twilight Golf Special - after 1pm daily

$19- Includes Golf and 2 Draft Beers

FL Resident Rate ($24/non-FL residents)

Tee Times - 561-994-0400 ext.241
(up to 7 days in advance)

This promotional deal will not last forever "at these rates", so take advantage of this offer while it lasts. Help keep public accessible golf in the city of Boca Raton by supporting the only championship level golf course within the city - Ocean Breeze Country Club - (5800 NW 2nd Ave./North of Yamato Road).

Arnold Palmer Golf Management affilate takes control of Boca Teeca Golf Course

2011-01-26T19:59:00.000-08:00

The new management of the Ocean Breeze Country Club has been very busy since being appointed as receiver of property which remains in foreclosure by Wells Fargo bank. The receiver is an affiliate of the Arnold Palmer golf management organization which owns or manages over 40 golf courses throughout the U.S., including the famous PGA Resort in Palm Beach Gardens and the Weston Hills Country Club.

The receiver's affiliate corp web site indicate the company owns private clubs and golf courses that it acquired in partnership with Walton Street Capital and other investment partners. It also manages additional clubs and golf courses for third party owners. Century Golf Partners, d/b/a Arnold Palmer Golf Management, is focused on driving revenue, increasing market share and profitability by building member and guest retention, loyalty and referrals. Century’s portfolio of owned and managed golf courses is expected to generate more than $250 million in total revenues during 2010.

Century Golf Partners employs several thousand highly dedicated people who are committed to superior management of all facets of club and golf facility operations including: member acquisition and retention, revenue generation, yield management, expense control, agronomy, food and beverage and tournament sales, clubhouse operations, capital improvements, accounting and technology systems. The team has pioneered industry leading revenue-generation and yield management programs and is an acknowledged industry expert in private club membership programs and golf revenue concepts. At a time when many are focused solely on cost containment, Century Golf Partners is successfully driving revenue growth through aggressive capacity utilization.

The current owner remains in foreclosure and it appears that a judgement against the business operation for over $76,000 in December for sales tax which was expected to be a contributing factor in the need to appoint a receiver. It is our understanding that the operating manager on property under the MCZ Centrum LLC ownership, Dennis Taback, has been relieved of his position and a new general manager should be in place by Feb 1st.

We look forward to learning of the improvements planned for the property under this acclaimed Arnold Palmer Golf Management company.

Receiver Appointed for Ocean Breeze Golf Club in Boca Teeca

2011-01-21T14:18:00.000-08:00

The court overseeing the foreclosure proceeding of the Ocean Breeze Golf Club property in Boca Raton has agreed to appoint a receiver of the property while the foreclosure proceeds through the legal process. While MCZ Centrum's LLC remains the owner of the property, the receiver will be responsible for the management of the property in order to protect the value to the mortgage holder, Wells Fargo Bank (formerly Wachovia Bank).

What does this mean for the future of the golf course? The receiver would be expected to bring-in his own management of the property since he is affiliated with a major golf course owner and management company. Hopefully, this receiver's management will result in long-promised improvements to the property which is located in the financially attractive area of eastern Boca Raton.

Golfers and area residents would benefit from improvements and professional management of this 27-hole championship golf course which is open to the public. We look forward to learning of the plans by this new management for this property.

Boca Teeca Golf Course Foreclosure Heating-Up

2011-01-08T03:54:00.000-08:00

The foreclosure on the Boca Teeca golf course is heating up as the bank has filed a motion to appoint a receiver which would take control of the property from the current owners, MCZ/Centrum. On 1/11/11 there is a hearing at the PB County courthouse to hear this motion by the bank.

The golf course is still open and operating under the name Ocean Breeze Golf & County Club. Is Wachovia/Wells Fargo bank concerned that the current owner is not protecting the value of their collateral which also includes all furnishings and assets of the country club and hotel on the East side of NW 2nd Ave.? Or, would the bank's receiver plan to improve to the golf course in order to improve the value of the property that secures their loan?

According PB County public records the MCZ/Centrum LLC has not paid taxes for 2008 or 2009 and has liens on the property totaling almost $500k. The property is also subject to an investigation by the Florida Dept. of Environmental Protection (DEP) and the EPA concerning contamination that was confirmed in ealry 2010 on a portion of the South golf course at the location of the maintenance facility. The DEP has a specific time deadline for the owner of the property to complete an environmental assessment and provide a plan for resolving the contamination issue. Considering the lack of payments to creditors this environmental issue is a concern of adjacent residents who's property may have been affected by the historical operation of the golf course and are awaiting more details from DEP on this matter.

WPB attorney Lawrence Rochefort represents Wachovia/Wells Fargo in this foreclosure case.

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

2010-12-25T23:42:00.000-08:00

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

2010-12-21T15:07:00.000-08:00

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

2010-12-13T05:39:00.000-08:00

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

2010-12-09T04:06:00.001-08:00

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.

2010-12-09T03:20:00.000-08:00

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.

Mizner Trail Development Proposal Update Take Action NOW

2010-11-25T04:02:00.000-08:00

On Nov. 17th the P.B. Zoning Staff certified Richard Siemen's golf course conversion proposal 2010-1728 for Mizner Trail. This does not mean it has been approved, it has not. What this means is that after several revisions it meets the MINIMUM legal code requirements and can now be sent to the next step which is a hearing and vote on January 7, 2011 by the P.B. Zoning Commission.

In the meantime, we await the P.B. Zoning Staff's recommendation to approve or disapprove the proposal. In 2006 the zoning staff was adamantly against any building on any portion of the golf course. Regardless of the outcome of that vote, it will then be sent to the Palm Beach County Commissioners for a hearing and vote on January 27, 2011. ONLY if the County Commissioners vote to approve the zoning change will development be allowed.

HERE IS WHAT YOU NEED TO DO:
Email the P.B. Zoning Commissioners by sending your brief objection to the Zoning Commissioners secretaries: RParker@pbcgov.org and SSmalls@pbcgov.org.

In your subject line print: Forward To All Zoning Commissioners Re: Mizner Trail 2010-1728 Their staff are required to forward your comments to all Zoning Commissioners. This is extremely important, previously you may have sent an email to the County Commissioners, this is a completely different board.

DONATE TO OUR WAR CHEST:
Defending our community from wealthy developers with deep pockets who are poised to make millions does not come cheap. We have hired a specialized attorney, Ralf Brookes, who has worked with many other grassroots organizations to defeat developers, but legal representation requires money. We are fighting to save this community but we need your financial support today. Please donate whatever you can now.

To donate visit our website www.stopmiznertraildevelopment.org and click on the donate button, or send a check made payable to: Second Coalition Against Mizner Dev. Inc. to P.O. Box 810831 Boca Raton, FL 33481. We are a 501C-3 Non profit registered with the State of Florida.

EMAIL THE COUNTY COMMISSIONERS
Email your opposition comments to all of the County Commissioners:
KMarcus@pbcgov.org, svana@pbcgov.org, SAbrams@pbcgov.org, BAARONSO@pbcgov.org, jsantama@pbcgov.org, ptaylor@pbcgov.org, pburdick@pbcgov.org

ATTEND THE TWO PUBLIC HEARING IN JANUARY
The two upcoming hearings and vote are open to the general public and you may also sign up to speak for generally three minutes. We will provide you times and locations of these meetings so that you can attend as the dates approach.

FORWARD THIS INFO TO ALL INTERESTED PARTIES
We need the email addresses of any individual who opposes this development so that we may include them in our email lists. No email will be shared, and you will only receive blind emails (Bcc's) from this coalition. This coalition will never put your email address on an email distribution list or email blast.

Visit Our Website For Updates at www.stopmiznertraildevelopment.org

Visit YouTube and search "Mizner Trail" for a brief informative video

Send in editorials to the Palm Beach Post and the Sun Sentenel opposing this development

HISTORY IS ON OUR SIDE
In 2006 the Zoning Staff recommended for denial of the zoning change, the Palm Beach County Commissioners voted against the zoning change, and the Palm Beach Circuit County Court ruled against the zoning change. Nothing has changed since 2006, we should expect the result to be the same. No Zoning Change.

The Second Coalition Against Mizner Development (a group of your neighbors) wants to thank every one of you for your overwhelming and continued support to defeat this zoning change, but now is not the time to sit back, now is the time to step up. The coalition's unwavering position is "no building on any fairway", we represent all of you and will not compromise or sellout any community under any condition. You have until January 27, 2011 to make sure your voice is heard. Let them hear you loud and clear.
Thank you

We are SCAMDSecond Coalition Against Mizner DevelopmentA 501C-3 Non Profit

"Evil flourishes when good people (men) do nothing" - Edmund Burke

County Commissioner Supports Amendment 4

2010-10-14T17:54:00.000-07:00

Amendment 4: The Truth Behind the Lies
- Published Sunday, August 22, 2010- by Joe McClash (County Commissioner in Florida)

Amendment 4 is a valid option for citizens to better manage their community’s Land Use Plan. The opposition has created a scare campaign filled with outright lies. They often refer to a study conducted by “The Washington Economics Group” that is not based in Washington and relies upon no facts, but mostly opinions – opinions of developers and elected officials who are against Amendment 4.

Getting the truth out about Amendment 4 may be difficult since the opposition’s money can fund their campaign of misinformation. We can only hope the citizens see through this and vote for what is in the best interest of our local communities and the State of Florida. It is disappointing that those opposing Amendment 4 have resorted to lies in this important state decision. As an elected official, I find it necessary to provide a response to their misinformation as follows:

Lie Number One: Voters must “Vote on everything.”
NOT TRUE! Only Comprehensive Plan amendments will need to be voted on. There is no requirement to vote on land use items that are zoning issues. Their use of this lie has people believing that if they want to build a house or add a room, it would have to be voted on in a referendum. Just not true!

Lie Number Two: “Will drive jobless rates higher.”
Florida has the ability to more than triple its population without one more additional Comp Plan change, so this is just not true! And wasn't it the “run wild development” that caused this great recession we are in now – speculation and over-development which created the worst crisis since the great depression?

Lie Number Three: “Would mean higher property taxes.”
If anything will drive taxes higher, it would be more development. Several studies show new residential development costs 10 to 30% more in taxes than we receive, which leaves existing taxpayers to subsidize developers.

Lie Number Four: “Local government will be required to hold expensive referendums. More elections require more tax dollars.”
The fact is, no expensive referendums are required. Every two years we have a primary and general election. There is even a Presidential primary “Super Tuesday” in March every four years. Amendment 4 would allow citizens to give their stamp of approval as part of the existing elections. The process allows that if a developer is in such a rush to change our community’s comp plan, they can request a special election – at their cost.

Lie Number Five: “Ultimately Amendment 4 would force local and state governments to raise taxes or cut services.”
This is already happening under our current economy with the devaluation of property values caused primarily from over-development. Amendment 4 will allow a process for citizens to give their stamp of approval on only those comprehensive land use changes that have the initial approval of their elected officials. There would be no reason to believe all these changes would be voted against. However, some could be voted down if citizens like their current plan over the developers' proposed change.

As a commissioner for 20 years, I have seen changes to our Comprehensive Plan that were not for the benefit of the community, but did benefit the influential developer. Yes, you can get rid of the elected official if you do not like the way they voted, but the damage to your community has already been done. Candidates receiving generous contributions from influential developers and the construction industry, put good people who care about our community and have decided to run for a commission seat at a disadvantage. Less money means less opportunity to let citizens know who you are and your vision for the community.

Some may call this representative government. I call it a special interest (representative) government, which is the reason so many of us feel that government is no longer representing the best interests of its citizens. Amendment 4, if passed, would finally give the average citizen an equal voice to the developer’s influence. Most people realize all development is not bad and there are good developers who truly care about their community.

However, the history of Florida is riddled with the scars from horrible development approvals. If you like the status quo, then do not change our failed policies. If you want something that may finally change our history of past development practices, then Amendment 4 can be the answer.

In summary Amendment 4:
Will not force expensive elections
Will not ruin the economy
Will not increase the jobless rate
Will not force governments to raise taxes
And is definitely not a vote on everything built.

The outspoken special interests tied to “development as usual,” including those elected officials who help spread these lies, are not interested in what is best for Florida but what is best for themselves. The news media has been threatened to support development interest or lose their advertising revenue.

The only risk with Amendment 4 is that we have to trust you, the people. This is a risk I am willing to take.
Sincerely,
Joe McClash
Countywide Commissioner, District 7
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Here is the link to this news article: http://www.thebradentontimes.com/news/2010/08/22/opinion/guest_editorial_amendment_4_the_truth_behind_the_lies/

Another Over-Leveraged Boca Raton Developer Loses to Foreclosure

2010-09-09T19:07:00.000-07:00

North Boca Village Center loses $27M foreclosure
North Boca Village Center has been slated for auction after its owner lost a $27.3 million foreclosure judgment. Fifth Third Bank (NASDAQ: FITB) won the judgment against Boca Riverwalk LLC covering the mixed-use center on 20.3 acres at 7867 and 7887 N. Federal Highway. The online auction is set for Sept. 30.
The property, located on the Boca Raton/Delray Beach line, has 100,652 square feet of retail, office and cinema space in what formerly was known as Levitz Plaza. Boca Riverwalk planned to redevelop it. The plans included 385 residential units priced from $400,000 to $900,000; 165,350 square of retail, restaurants and entertainment; and 53,990 square feet of office space.
In 2006, the developer sold the nonprofit Caldwell Theater, a neighboring building, for $1 million and marketed it as part of the project. The bank filed for foreclosure in January.
In 2006, the managing members of Boca Riverwalk were Arthur Falcone, Leslie Arouth and Albo Antenucci Jr. None were named in the complaint. Falcone also is a partner in the Miami Worldcenter project, which also has a foreclosure pending against it from Fifth Third Bank.Read more: Foreclosure Roundup: Riverstone Shoppes faces seizure - South Florida Business Journal

How Safe is Drinking Water? /EPA Report

2010-08-09T04:50:00.000-07:00

The July 28, 2010 EPA/DEP report confirmed our environmental concerns regarding the excessive levels of arsenic in the groundwater & soil on the Boca Teeca golf course. The report indicates that the "primary" concern of the contaminated groundwater is that it is located less than 1 mile from drinking water wells of the city of Boca Raton, so how safe is the drinking water?

Considering that the reported contamination in shallow ground water far exceeds the GCTL and MCL for arsenic and that a large population is supplied with drinking water, drawn from local shallow wells, the Ground Water Migration Pathway merits principal concern. The full report can be downloaded from our website as shown on our page titled "environmental concerns".

Also noted in the report is the discovery of excessive levels of pesticides toxaphene and dieldrin which are similar to DDT and have health risks associated with reproductive health. See the separate research report found at the following hotlink:

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1566957/pdf/envhper00392-0044.pdf

The report states: However, in the course of PSAWS fieldwork, analyses of surface soil and sediment samples, collected from the maintenance area, also revealed that concentrations of arsenic, carcinogenic PAHs and pesticide, exceeding SCTLs for direct exposure in industrial and/or residential settings. Arsenic and two pesticides (toxaphene and dieldrin) also exceeded EPA RSLs.

What are the actions of the city to assure the safety of the drinking water and what policy changes is the city planning for preventing future health risks during their development process? We have recommended the city include a requirement for PRIOR verification of the safety of the land on all development proposals that involve a land use change, but over the past several weeks the city has not included this provision in the current amendments to the city's growth management plan.

The SunSentinel published an article on this EPA/DEP report on Sat. Aug. 7th which can be found at: http://articles.sun-sentinel.com/2010-08-06/news/fl-boca-teeca-golf-course-20100806_1_boca-teeca-golf-arsenic-inn-at-ocean-breeze/2 There are several questions that will need to be answered in order to help protect the safety of Boca Raton residents as a result of this environmental problem, such as, since the golf course is in foreclosure, who is going to pay for the clean-up of this risk to public health?

Comprehensive Growth Amendments Fail to Protect Residents

2010-08-01T20:37:00.000-07:00

The city of Boca Raton is currently proposing amendments to their State-mandated comprehensive growth management plan which does not protect the residential interests of our city based upon the following concerns:

1) Hotels will be allowed in all residential land use categories based upon the Land Use defintion in Section L.U.1.1.6.
*Hotels are NOT COMPATIBLE with residential areas so why is the city making this proposal?
*Is this an attempt to bailout developers with residential projects approved that now want to change their plans to hotels from condos or townhouses?
* World-Class cities, such a Palm Beach, do not allow hotels in residential areas, so if the city council wants to be considered a "world class" city, then they need to DELETE this provision in their proposed amendments.

2) Open Space - nearby cities have heard concerns from residents at past elections and have heeded voter concerns by including open space protections in their comp plan amendments, so why hasn't the city of Boca Raton considered these requests from their voters?

3) Environmental Stewardship - nearby cities have included provisions to require environmental testing of soil and groundwater prior to consdiering any development application, so why hasn't Boca Raton included this protection in their current comp plan amendments?
* How can city staff recommend a development for approval if they do not know if the land is safe for the deisred use by the developer?
* How can city council vote to approve a development without knowing if the land is safe for the requested use?
* If one of the primpary goal of local government is protection of public health & safety, then why are they ignoring this issue in their current comp plan amendments?

3) Ocean Strand - this land on North Ocean Blvd. was purchased over 10 years ago to protect it from development, yet the city never changed the land use to PR-Open Space & Rec. so why won't they correct this oversight in the current comp plan amendments?
* The Mayor has indicated that she is in favor of developing Ocean Strand in exchange for a larger development proposed for the area of Camiono Real and Fed. Hwy.
* If the current comp plan proposals are approved, then there is virtually nothing the public can do to stop the development of this land since there is no requirement of a referendum for such a development order--in fact, FL statutes do not allow referendums on development orders that impact less than 5 parcels of land....no accountability to residents!

What can resident do to express their concerns about their property values and quality of life?
1) Speak at the public meetings on Aug. 3rd at 6:30pm/P&Z meeting at city hall regarding these comp plan amendments.
2) Call & email city council members with your concerns about the impact of this proposal
3) Speak at the Aug. 9th & 10th meetings of the city council--2pm+ on 9th/workshop and 6pm on the 10th per approval by the council based upon city staff recommendation

Ocean Strand Under Attack by City Council

2010-07-14T18:41:00.000-07:00

The last city council workshop and council meeting revealed at least 2 city council members support for a development that would include the Ocean Strand property. At the workshop meeting on Monday, Mayor Whelchel stated that a possible development of the property on the NE corner of Camino Real & Fed. Hwy. could be worth up to $800 million and the city needs the tax revenue from this size of a development. The possible development has been rumored to include a Beach Club on the Ocean Strand property which may explain why the city council has refused to heed the pleas of many Ocean Blvd. residents to change the land use on the Ocean Strand property to open space & recreational use.

Council member Constance Scott voiced her support for development of this size as a need to raise tax revenue. The city manager stated that the estimated budget deficit for 2011 would be approximately $14 million and the city has already cut approx. 10% of the operating budget over the past few years to balance the budget.

Based upon these meetings it appears that the city has plans to allow a development of some sort on the Ocean Strand property in spite of the fact that the Greater Boca Raton Beach & Park district commissioners have stated that they do not intend to develop or lease the property. With the city council's intent clear that they want to accommodate the possible $800 million development, it would appear that the city staff has a plan to convince the GBRBPD to either sell the property or lease the property to the developer.

Residents wishing to oppose this future development potential on the Ocean Strand property should email all city council members--asking for the land use change to be included in the current comprehensive plan amendment that will be approved on August 10th at the 6pm council meeting. Residents should also plan to attend the city council meetings on 8/9 at 1pm and 8/10 at 6pm and speak at the meeting during the agenda item for the comp plan amendment approval---asking for the land use change on Ocean Strand.

There will be a meeting on MONDAY July 19 at 5:15 pm to request a new LAND USE and ask the Parks District to change it to PR- see explanation below.

Please let our elected officials know that you would like the Ocean Strand Parcel to be accurately reflected in the existing and future land use maps as (PR) – Recreation and Open Space and (N)-conservation on its environmentally sensitive lands, reflecting the purpose of its acquisition rather than is current now outdated FLUM Designation “RM – Residential Medium”. The "RM" designation on Ocean Strand is particularly troubling in light of the proposed addition of Hotels/Motels to the list of allowable uses in the RM District.

Boca Raton City Council and City Manager Phone 561-393-7708
City Manager - Leif Ahnell - BocaCM@ci.Boca-Raton.fl.us
Susan Whelchel swhelchel@ci.boca-raton.fl.us
Constance Scott - cscott@ci.boca-raton.fl.us
Anthony Majhess - amajhess@ci.boca-raton.fl.us
Susan Hanyie - shaynie@ci.boca-raton.fl.us
Michael Mullaugh - mmullaugh@ci.boca-raton.fl.us

Greater Boca Raton Beach and Park Tax District NEXT MEETING this MONDAY July 19, 2010 AT 5:15 at 300 S. Military Trail, Sugar Sand Park – Boca RatonPhone 561-417-4599
Commissioners:
Robert Rollins rrollins@bocaratonbeachparkdistrict.org
Dennis Frisch dfrisch@bocaratonbeachparkdistrict.org
Dirk Smith dsmith@bocaratonbeachparkdistrict.org
Earl Starkoff estarkoff@bocaratonbeachparkdistrict.org
Elaine Kleinman ekleinman@bocaratonbeachparkdistrict.org

Ocean Strand is current designated as a land use Residential-Medium Density (RM):
The principal permitted uses are primarily multifamily uses with some small lot single family uses at densities of up to 9.5 units per acre. Accessory or related residential uses and institutional uses may be permitted. Motels or hotels may be permitted in areas along heavily traveled routes or in other areas such as PUDs.

Request to change Ocean Strand to: PUBLIC AND PRIVATE Recreation and Open Space (PR): This category designates both public and private property used for recreation or committed to recreational use. It is applied to properties having major recreational activities, such as golf courses, or other structured and maintained recreation area facilities. Appropriate accessory uses such as docks, jetties, or clubhouses will be permitted. Additionally, up to 0.5 dwelling unit per acre is permissible provided that 50% or more of any proposed development area remains in recreation uses. And change the portions of environmentally sensitive land to: Conservation (N): This category designates land within the City that has been protected due to vegetation or wildlife habitat. A land use designation of N is compatible with any zoning district.

Thank you for helping to protect Boca Raton Green Space.

MCZ Centrum Foreclosure Update

2010-07-14T18:32:00.000-07:00

An extension of time has been granted by the court based upon a request by MCZ Centrum. The next hearing is scheduled for Aug. 24th at 8:45am.

These foreclosure proceedings normally take several months and considering the current large number of foreclosures in Palm Beach County it would be expected for this process to take up to 2 years.

Residents often inquire about the outcome of the foreclosure and what will eventually happen to the Boca Teeca/Ocean Breeze golf course. It is our expectation that another investment group will buy the property and operate it as a golf course--similar to what happen to the Boca Greens golf course in Dec. 2009. An investment group has contacted members of the Save Boca Raton Green Space organization in order to access their interest in supporting an effort to purchase the golf course after the foreclosure process is complete versus MCZ Centrum.

Foreclosure Update/MCZ Centrum on Boca Teeca Golf Course

2010-06-03T15:25:00.000-07:00

There have been several extensions granted to MCZ Centrum in the foreclosure that was filed by Wachovia Bank on March 19, 2010. The docket for this court case shows a court order on March 26th "TO SHOW CAUSE WHY FINAL JUDGMENT OF FORECLOSURE SHOULD NOT BE ENTERED AND TO SHOW CAUSE WHY AN ORDER TO MAKE PAYMENTS DURING FORECLOSURE SHOULD NOT BE ENTERED - HEARING APRIL 29, 2010 AT 8:45 A.M. SEE ORDER DTD MARCH 26, 2010 PER JUDGE"

On April 29th an extension of time was granted with subsequent extensions also granted on 5/6. 5/20, 5/28 & 6/1. The next hearing is scheduled for 6/14/10 at 8:45am with Judge Sasser. As shown by the numerous extensions granted MCZ Centrum, the foreclosure process is often lengthy. So, unless the principals of MCZ Centrum are able to find a buyer of the property for an amount agreeable to Wachovia, it would appear that this foreclosure will drag-on for several months.

Thank You Sallie Friedman

2010-06-03T15:13:00.000-07:00

At last week's Town Hall meeting held in the city council chambers, Boca Teeca resident Sallie Friedman spoke out regarding her concerns of increased traffic in Boca Teeca if Costco is allowed to add a gasoline station to their property. Traffic was consistently a major concern of Boca Teeca residents during the past 20+ years. Traffic was also a primary concern during the 2006 meetings held by representatives of the Ocean Breeze golf course who proposed a "forced left turn" onto Westbound Jeffrey St. in order to keep traffic from the proposed 211 townhouses off of NW 2nd Ave.

These representations were made by the developers during the numerous meetings with residents in order to sell the residents on the proposed development. During the presentations at the public hearings there were no suggestions of a "forced left turn" and the city approved an amendment to the traffic level of service within Boca Teeca so that this road could be allowed to handle the increased traffic from the new development.

Sallie Friedman was one of the few residents of Boca Teeca that spoke at the public hearings in support of the development which was increasing traffic within this residential community. Here are two questions regarding her traffic concerns in Boca Teeca:
1)Did she support the development's traffic impact as a result of the promised payment of approx. $25,000 to her condo association?
2)Would she change her opinion of the Costco proposal if they agreed to pay her condo assoc.?

Ocean Strand Is Not For Sale

2010-05-25T05:07:00.001-07:00

Yesterday's meeting of the Greater Boca Raton Beach and Park District provided very good news to the large crowd of Ocean Blvd. residents when Chairman Bob Rollins announced that the Ocean Strand property is not for sale. Many residents of the nearby Boca Towers expressed their positive opinion at hearing the chairman introduce the public comment portion of the agenda with this announcement.

But, a few residents were concerned that the potential exists for the property to be sold without a "required" referendum of voters. One commissioner inquired from the district's attorney if the commission could request a referendum should a proposal be made to sell or lease the property. The reply from the attorney was yes, the commission could require a referendum. The attorney also emphasized that the beach and park district has never sold or leased any property since the district was formed over 20 years ago.

For more questions of the beach and park district, please contact them at info@gbrbpd.org

Town Hall Meeting-May 24th at 6pm at City Hall

2010-05-24T03:34:00.000-07:00

There is a town hall meeting May 24th at 6pm at city hall. City council members will be present to listen to your concerns and recommendations regarding city leadership. This is your opportunity to provide your opinion on the direction of the city, including development approvals, traffic congestion, foreclosure impacts, etc...

North Ocean Blvd. Property Proposed Development Site - Ocean Strand

2010-05-22T04:57:00.000-07:00

The property was purchased to protect it from development, so is the city now considering breaking this promise to neighbors on North Ocean Blvd.?

Developer proposes Boca Raton park district land for private beach club
By Angel Streeter Sun Sentinel - Wednesday, May 19, 2010

Many hailed the purchase of the Ocean Strand property in 1994 as a major victory for preserving green space. For $11.88 million, the Greater Boca Raton Beach & Park District secured the city's last sizeable piece of undeveloped oceanfront property, saving the 15-acre site near Gumbo Limbo Nature Center from development. And there it has sat, undeveloped, untouched, in the midst of condominiums, single-family homes and other city parkland. Now, a developer is proposing building a private beach club on a portion of the property as part of a major development planned for downtown.

But residents who live near the property worry a beach club, possibly with dining and bars, could change the quiet, residential character of the coastal neighborhood."It would destroy the area," said Alan Goldman, who is on the condominium board of the Aegean, condominiums just south of Ocean Strand. "You've got an area here with no commercial property on the ocean side."District commissions have yet to agree; their lawyer is looking into the proposal.

"They said, 'We can think about this,' " said Bob Langford, park district executive director. "But there's a ton of things to think about. "The proposed beach club is critical to development of Via Mizner, a $1 billion redevelopment project at the northeast corner of Federal Highway and Camino Real, Penn-Florida Companies says. The mixed-use development, approved by Boca Raton's Community Redevelopment Agency in 2006, could consist of a 118-room luxury hotel, office space, 192 condominiums and high-end retail stores and restaurants. Penn-Florida has stressed to city and park district officials that the beach club would be a necessary amenity to attract an exclusive international hotel that has expressed interest in the Via Mizner project. And that hotel is critical to the success of Via Mizner overall.In an April 27 letter to City Manager Leif Ahnell, Penn-Florida President Mark Gensheimer asked the city to help the developer get access to the oceanfront portion of the Ocean Strand property to build a "low-rise beach club.

"In addition, a western portion of the property would be needed for beach club parking. In addition, Gensheimer said, Penn-Florida would help develop the Ocean Strand property as a passive park. In response, and at the direction of the City Council, Ahnell wrote to the park district board, stressing the importance of Via Mizner to the downtown and "its huge economic development potential. "He said the council was interested in exploring the beach club idea and getting public input. The developer's lawyer proposed the beach club to the district in December. Although at the time, the commissioners didn't know who the lawyer was representing or what major development he was referring to, Langford said. That had been the only contact the district had with Penn-Florida, he said.

At the December meeting, the developer's representative explained that the developer would want to lease the oceanfront property for the private beach club. But many questions remain unanswered: How much land does the developer want? How much is the developer willing to pay? When would the developer want to build the beach club?And a critical question for the park district is whether it should turn over public land to a private entity that wants to develop it.

"We haven't been too aggressive about building anything out there," Langford said. "We didn't buy it to develop it. We didn't buy it for any particular use. "The district bought it because neighbors and the city didn't want the previous owners to move forward with plans to build 79 condominiums and six beachfront homes on the site.Since the purchase, the district has done very little with the property.

Early on, it removed some old homes and duplexes. But nothing else has been done. And the land gets very little use. Neighbors seem to like that. They worry a beach club would bring traffic and noise. "It's basically like a nightclub in the middle of a residential area," said Mike Graham, who lives just north of the Ocean Strand property.While he approves of the Via Mizner project Penn-Florida plans downtown, he is skeptical about the district leasing prime real estate to a developer for a fraction of what it's worth."I'd sure like to know more about it," he said. "The beaches are nice. The traffic is minimal. It's our last piece of prime ground.

"Penn-Florida stressed it would work with neighbors to create a low density, low-rise beach club that would enhance the neighborhood, said Bonnie Kaye, a Penn-Florida spokeswoman. "The plans are conceptual," she said. "Nothing is finalized because the goal is to work with the city and the neighbors in a collaborative effort. The plans are to make it a showpiece and a welcome part of the community."

Grandmothers report Nudity on Boca Teeca Golf Course

2010-05-18T20:10:00.000-07:00

Below is an excerpt from a letter to the Boca Raton City Council dated Aug. 22, 2007 from a resident of San De Vance condo association as a result of explicit nudity in full public view on the North golf course of Boca Teeca. Considering this illegal activity on the golf course do you think that the owners of the golf course deserve the support of the residents of Boca Teeca?

.....Lastly, there was a significant illustration of the lack of character of the developer/owner of the country club that occurred on June 3, 2006 as the country club hosted a golf tournament by the Cheetah Lounge, called the Cheetah Golf Classic. There were approximately 25 women who were topless or completely naked and performing various fornication gyrations within feet of the patios of the San De Vance community and witnessed by women and children. Numerous calls to the country club were unresponsive and the only reason this event was stopped at approximately 5pm was due to a thunderstorm that closed the course.

I reported this illegal activity in a certified letter sent to the police chief and the mayor that was delivered on November 13, 2006. There was no written reply from the city acknowledging this lewd behavior, but a telephone call from the Capt. Brancazio of the police dept. informed me that there had been plans for several of these Cheetah events at Ocean Breeze. A brief letter of apology was received from Dennis Taback at the Ocean Breeze Country Club to the grandmothers who witnessed this immoral event. In his letter of apology, Mr. Taback claimed that the golf tournament was for the benefit of cancer & diabetes research. This is believed to be a lie, as neither of these organizations would confirm their involvement with the Cheetah Lounge golf outing and it is doubtful that either would even remotely consider such involvement on moral policy issues.

With these problems of misrepresentation and immoral activity at the Ocean Breeze Country Club, I respectfully request that the city council deny the development proposal in order to protect the moral quality of life within our community.

Federal Tax Lien on Boca Teeca Developer Dennis Taback

2010-05-18T18:44:00.000-07:00

Joshua "Dennis" Taback has a history of not paying his Federal income taxes as shown by the attached Federal Tax Lien for over $36,000. Do condo leaders still have faith in the primary rep. for MCZ Centrum and his intent to fulfill his contract to pay condo associations $350k?

It would appear that Mr. Taback has a lot of experience with requiring debt holders to seek legal action for collection, including the Federal government.

Do you think that Boca Teeca condo associations or Teeca Woods HOA will ever receive a dime from the agreements signed by Mr. Taback to support his development on a portion of the Boca Teeca golf course?

This tax lien was not released until 3/8/06, while he was already negotiating with Boca Teeca condo residents for removing a portion of the deed restriction on the golf course in their community.

Boca Teeca Golf Course Developer Taback Doesn't Pay H.O.A. fees for Estancia

2010-05-18T18:04:00.000-07:00

Ocean Beeze golf course principal Joshua Dennis Taback has required his personal Home Owners Assoc. to take legal action to collect their fees each of the last 2 years. $250 was not paid on January 1, 2008 and $266 for Jan. 2009. The 2009 lien is still outstanding according to Palm Beach Co. records.

How would the Boca Teeca condo leaders treat a unit owner who failed repeatedly to pay their association fees while driving an expensive imported SUV?

Maybe Boca Teeca condo leaders should ask the Estancia Association their opinion of Mr. Taback's respect for his financial responsibilities? A neighbor who does not pay their association fees places a greater financial burden on each person within the community and is normally NOT considered a worthy neighbor to trust with additional financial responsibilities, such as business agreements with additional resident associations.

Ocean Breeze Developer Dennis Taback in Personal Foreclosure

2010-05-18T17:53:00.000-07:00

Boca Teeca's Ocean Breeze golf course principal, Joshua Dennis Taback, is listed in foreclosure on his personal residence in Estancia. Mr. Taback has stated in the SunSentinel that he intends to fight the foreclosure on the golf course owned by his partners in MCZ Centrum, yet his personal residence is also in foreclosure.

What do you make of the chances that Mr. Taback will win these foreclosure actions and uphold the agreements with Boca Teeca residents?

MCZ Centrum Delinquent for 2008 & 2009 Taxes/Boca Teeca Golf Course

2010-05-18T17:41:00.000-07:00

MCZ Centrum has not paid their real estate taxes for 2008 or 2009, yet they claim that they are going to fight the foreclosure on the property which they purchased with mostly borrowed money from Wachovia Bank. This is another example of an over-leveraged developer who had the misfortune of investing in a project that does not generate enough cash flow to cover the debt service and taxes. This real estate investor invested less than $200,000, borrowed $7 million from Wachovia and bought over 200 acres of golf course land in Boca Raton. The property is now in foreclosure and the local representative of the developer claims that they are going to fight the foreclosure.

Developer Drops Rezoning Request on Tamarac Golf Course

2010-05-18T05:30:00.000-07:00

Congratulations to the Residents of Woodmont in Tamarac!
--------------------
Tamarac golf course rezoning idea dropped
Lisa J. Huriashtamarac@tribune.com -May 7, 2010

Residents who opposed building on a golf course at Woodmont declared victory after the owner dropped a request to rezone for a housing and commercial project. Mark Schmidt wanted to put 255 single-family homes and nearly 61,000 square feet of commercial space on the Pines golf course at Woodmont. The residents launched an expensive protest, sent their lawyers to court and planned to show up in force at a rezoning hearing last week.

Schmidt's attorneys scuttled that plan by withdrawing the application the morning of the meeting. If Schmidt were to decide to file again, the application process would start all over.
"I take this better than a unanimous win — they didn't even show up," said Woodmont resident Keenan Poole, who helped organize the protesters. "In football terms, they forfeited."

He credits the residents with defeating the owner's and developer's plan. "They started seeing the grass-roots support. They didn't think we were a power to deal with and when they saw the army marching to City Hall, they backed down." In his letter to Tamarac commissioners, Schmidt's attorney Scott Backman said that while the Pines property ultimately will be developed, for now, economic reality dictates it won't operate as a golf course, either.

"Please be advised that the financial strain being suffered by Woodmont remains critical and the unfortunate consequence of withdrawing the applications will result in the imminent closure of the Pines course," Backman wrote. "It remains Woodmont's intent to continue working with the city on an acceptable development plan for the Pines Course." Schmidt's secretary said he was on a cruise and unavailable for comment.

He did not plan to attend the meeting because residents were "misdirecting their hostility" toward him, said his son Justin Schmidt. Justin said the main reason for pulling the application is that Woodmont could not reach an agreement with Lennar, the home builder, in time for the Commission meeting. He said the course may close temporarily during this summer's off-season, and in the fall the owner will re-evaluate what to do next. Justin said residents' opposition figured into the decision. "We needed the city's cooperation to do a project like this and the greater the opposition, the less comfort level the city has," he said.

The owner wants to make "everyone comfortable with the fact a project has to be built and what that project is going to look like." A lawyer for residents who opposed the plan said they're not giving up. "The residents remain vigilant about maintaining their way of life and their golf course community and they will continue to do everything in their power to make sure they protect themselves from potential destruction on the golf course and their community," said Keith Poliakoff, the attorney for Save Woodmont Inc.

Poole said instead of sitting in a marathon commission meeting last week, he could take his neighbors out and buy "the first five pitchers of beer. It's time to celebrate."

Tamarac Retains Green Space/Denies Development on Golf Course

2010-05-18T05:18:00.000-07:00

Residents battle for dwindling golf courses
By Lisa J. Huriash, Sun Sentinel - April 28, 2010

TAMARAC

Not that many years ago, retirees came to South Florida to enjoy the warm weather and, if they could arrange it, regularly step out their door, strap on a golf bag and saunter over to the links. Today that idyllic portrait of life in the slow lane is fading, both for golfers and for their neighbors who relish a view of manicured greenery, tropical foliage and ponds, dotted with 9 or 18 tricky little holes. In South Florida, as in the rest of the nation, golf courses are making their way onto the endangered species list.

From 2005 through last year, 606 U.S. golf courses closed, more than ever before, according to Jim Kass, research director for the National Golf Foundation in Jupiter. In 2009 alone, 140 courses shut down, compared to 32 in 2001. And in Florida, 14 golf courses closed last year, leaving 1,054 still in business across the state. "There has been a drop in golfers and rounds over the past 10 years," Kass explained. "Also, it's the recession. Recessions cause golfers to rein in spending."

He predicted the trend will continue another five years, then drop off, as supply and demand recalibrate. The onetime golf courses are turned into residential or commercial property-–or sometimes left idle. Those who enjoy golf club views are more concerned about protecting green vistas than profits for golf course owners, and that sets up clashes between residents and owners in places like Tamarac, Sunrise, Boca Raton and Coral Springs. "Older, smaller courses have the trouble because a serious golfer wants the most state-of-the-art course they can find," said attorney Dennis Mele, who represents owners seeking to rezone for other uses. "So they lower greens fees. That takes in less revenue, and when you take in less revenue, it's problematic."

Mele tried that argument on behalf of Edward Rack, owner of the Glades course at Colony West in Tamarac, but it didn't work. Rack wanted to rezone for 375 townhouses and two-story condos and nearly 52,000 square feet of commercial space.Instead, on April 15 the city commission bowed to the wishes of residents seeking to preserve not only their views but, as they see it, a way of life.

The grandchildren of Ann Frank, a golf course resident who died last year at age 79, want to hang on to the lush spot where their father taught them to hit balls with clubs no taller than they were." My kids would love to see that view, even though they haven't been made yet," grandson Taylor Frank, 19, pleaded to commissioners. "If that view is gone, my house is pointless." The battle continues in Tamarac.

On Wednesday the commission will vote on another controversial golf course proposal, one that would put 255 single-family homes and nearly 61,000 square feet of commercial space on the Pines golf course at Woodmont. The residents have launched an expensive protest, hiring attorneys and going to court."Most people who live in Woodmont bought their home purposely because they wanted to live on a green space," said Frankie Blankenship, whose house is on the 11th hole of the Pines course. As the meeting approaches, "I think we're all feeling very on edge," she said last week.

She could take heart from what happened three years ago in Sunrise, when commissioners killed a plan to develop the Sunrise Country Club golf course into a mixed-use project with up to 500 condominiums.Neighbors complained the project would devour one of the city's last open spaces and destroy one of its oldest golf courses. The property owner complained it had been losing money for years."We fought the developer," Sunrise Commissioner Sheila Alu said. "Golf courses are dying. But I was strongly against developing pristine land, and killed the deal."

The Save Boca Raton Green Space committee hired a lawyer to kill plans to build 211 townhomes on part of the Ocean Breeze Golf & Country Club. The committee lost the battle, but the economy may still hand them victory in the war.In 2007 the city approved townhouse construction on 30 acres of the course in the Boca Teeca subdivision, but the homeowners' legal challenge caused a delay. State approval finally came late last year. In March, the developers got a notice of foreclosure for the golf course, and now the owners are working with the bank to extend a $7 million loan. That leaves Robert DuKate, who lives on the golf course and chaired the Save Boca Raton Green Space committee, worried about declining property values. "There's always a premium value on a view in an urban environment," he said. "That's being taken away.

"Miramar rezoned the defunct Eagle Woods Golf Course three years ago to make way for the Foxcroft housing development, about 600 residences, but because of the economy, no homes have been built on the site. In Deerfield Beach, developers are trying some variations on the theme of wholesale golf course conversions. The owner of the two Tam O'Shanter Golf Courses wants to give 77 of their 97 acres to the city. In exchange, the developer would be allowed to put 500 residences on the remaining 20 acres. That deal goes to the city planning board this summer. Last week the Deerfield Beach City Commission voted to let the Deerfield Country Club convert 31 of its 74 acres into a business park, leaving a golf course on the rest of the property. The proposal is headed to the Broward County Commission.

Lauderhill's famous Inverrary golf courses are protected by deed restrictions that require, before there can be development, a 75 percent majority vote by neighboring property owners. So although three of the courses have gone to new owners in recent years, nothing has happened. "A golf course is what people paid to see when they bought their homes," said Joel Leshinsky, the Inverrary Association president. "Progress is a wonderful thing, but it can't interfere with people's lives.

''Tamarac's mayor expects the golf course conversion issue to linger. She said the only way to keep developers at bay is to support the courses and help them thrive. After the April 15 vote on Colony West, Mayor Beth Flansbaum-Talabisco asked residents to work with the Rack family "to come up with something" to improve the course's business. "The status quo doesn't work anymore," she said. Norm Rack, the owner's son, scoffed at the mayor's suggestion and threatened to close the course this summer.

Rezoning one of two courses for housing would have helped make it financially viable to keep the other course open, he argued. After the vote, he had this to say about the residents who won: "They don't know what I'm going through."Staff writers Georgia East, Susannah Bryan and Angel Streeter contributed to this report.

MCZ Centrum in Breech of Contract w/HOA

2010-04-29T20:09:00.000-07:00

MCZ Centrum is in breech of contract with the Teeca Woods H.O.A. as shown by the certified letter sent to the developer and owner of the Boca Teeca golf course. No response was received by the HOA within the 15 days notice cited in this letter.
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March 15, 2010

CERTIFIED MAIL

MCZ/Centrum Florida V Owner, LLC
5800 NW 2nd Avenue
Boca Raton, Fla 33487

Attn: Dennis Taback

NOTICE OF BREACH: Agreement dated August 6, 2007

Dear Mr. Taback,

Let this letter serve as formal notice that you are in breach of your agreement dated August 6, 2007 by and between MCZ/Centrum Florida V Owner, LLC and Teeca Woods Homeowner's Association with respect to your development plan re Ocean breeze Golf and Country Club. As you are well aware, development approvals have been granted and all 'legal challenges' to your development plan approvals have been removed and none are withstanding as of year end 2009. Therefore all appropriate considerations noted within this August 6, 2007 listed on page 2, paragraph 1, sections a thru e, are post due and hence this NOTICE OF BREACH. You will be granted 15 calendar days from the date of this notice to effectively satisfy and cure all said relevant conditions and considerations.

Please note that the conditions and considerations referenced in the August 6, 2007 agreement are not contingent on economic downturns or upturns for that matter. Also be advised that a copy of this notice of breach will be sent to the city of Boca Raton given that said agreement was submitted to them upon execution by both parties. Failure to timely satisfy and cure said breach will assuredly result in Tecca Woods Homeowner's Association pursuing all appropriate remedies as we will should other consideration so referenced in said Agreement not be complied in a timely fashion.

Sincerely,

George Gershon,
President

Do you believe MCZ Centrum claims to fight foreclosure?

2010-04-29T19:21:00.000-07:00

Yet another foreclosure by banks versus a development project by MCZ Centrum partners, but according to the report of the SunSentinel they are planning to fight this foreclosure. Do you believe that this developer has the financial resources to oppose this foreclosure and live up to the contracts and promises made to residents?

From the SunSentinel:
Boca Teeca owner vows to continue redevelopment plans despite foreclosure notice
By Angel Streeter - Sun Sentinel - Tuesday, March 30, 2010

Owners of the Ocean Breeze Golf & Country Club in the Boca Teeca subdivision said they plan to continue with their plans to build townhomes on a portion of the golf course despite facing foreclosure. Last week, Wachovia filed a notice of foreclosure to MCZ/Centrum Florida V Owner, LLC, for a $7 million mortgage. But Dennis Taback, one of the club's owners, said they are working closely with the bank to extend the loan. "There's no doubt in our mind we will be moving forward with the project," he said. "We believe the project has value. We are not looking to lose the property."

MCZ/Centrum, which bought Ocean Breeze in 2004, won city approval in December 2007 to build 211 townhomes on 30 acres of the golf course. The project included upgrades to the Boca Teeca clubhouse, adding rooms to the Inn at Ocean Breeze and creating a nine-hole executive golf course on the old south course. But final approval of the development from the state was stymied by legal challenges from Save Boca Raton Green Space, a group of Boca Teeca homeowners opposed to the development. That prevented the owners from moving forward with their plans, Taback said.

State approval finally came late last year, and now plans are progressing, he said. The owners are meeting with architects and construction firms. The first part of the project to be done is a 10,000-square-foot social center for some Boca Teeca residents. The center is part of an agreement the developer reached with residents to get them to approve lifting a deed restriction, allowing the developer to build on the 30 acres. Most of the 1,600 unit owners in the subdivision wanted the new development, seeing it as an opportunity to revive the aging community. So the foreclosure notice raised anxiety among many residents.

"I hope they don't foreclose or it will turn to garbage," George Gershon, president of the Teeca Woods Homeowners Association, said about the golf course. "That's what we've been fighting."
When MCZ/Centrum bought the Boca Teeca golf course, it already was in dire financial straits and close to bankruptcy, Gershon said. MCZ/Centrum's promises to fix up the community and the golf course won over residents who initially were skeptical, he said. Now, residents are afraid the development won't happen.

"My phone is ringing off the hook," said Sallie Friedman, president of the Boca Teeca Unit Owners Association. "People are very concerned…It would be a crime to just let [the golf course and club] go." The owners seem to think so as well. They hope to start construction on the townhomes in one or two years, counting on the real estate market to rebound by then.
"It will spark new life into the community once it happens," Taback said.

Another MCZ Foreclosure in Palm Beach County

2010-04-29T19:16:00.000-07:00

MCZ/Centrum’s stalled Arches mixed-use project in Boynton Beach has been targeted in a $17 million foreclosure action. PNC Bank filed the foreclosure lawsuit April 13 against Boynton Ventures I, along with guarantors John McLinden, Arthur Slaven and Michael Lerner, according to Palm Beach County Circuit Court records. They are the principals of Chicago-based MCZ/Centrum – a partnership between MCZ Development and Centrum Properties that made a major push into South Florida during the real estate boom.

There were six other foreclosure lawsuits filed against affiliates of MCZ/Centrum in Florida, including the Boca Teeca golf course, now named the Ocean Breeze country club. The developer owns the 4.7-acre site, at 100 S. Federal Highway in Boynton Beach – a mostly vacant site the city’s community redevelopment agency hoped to see improved. It received approval to build 378 residential units and 40,000 square feet of retail space. Although it got a $17 million loan from PNC, construction never began. The loan matured on Dec. 31. West Palm Beach attorney Alexander del Russo, who represents PNC in the lawsuit, said the developer didn’t repay the loan at maturity. “It’s still a great location and a great parcel,” del Russo said. “It’s just that the market for high rise condos has changed a bit.

Read more: MCZ/Centrum’s Arches project in $17M foreclosure - South Florida Business Journal:

MCZ Centrum in Foreclosure - Again

2010-04-29T19:10:00.001-07:00

As reported in the March 25th edition of the South Florida Business Journal:

In the sixth pending foreclosure lawsuit against it, MCZ/Centrum could lose control of a 202-acre golf course in Boca Raton. Wachovia Bank filed the foreclosure action on March 18 against MCZ/Centrum Florida V owner and President Michael Lerner, along with managing members Arthur Slaven, Laurence Ashkin and John McLinden, according to Palm Beach County Circuit Court records. It concerns the Ocean Breeze Golf & Country Club at 5800 N.W. Second Ave.

The developer – a partnership between MCZ Development and Centrum Properties – planned to build 211 homes on the golf course. Many residents opposed it, and it never took off.
The developer bought the site for $7.2 million in 2004 and obtained a $7 million mortgage from Wachovia. The loan matured in May 2009. West Palm Beach attorney Lawrence Rochefort, who represents Wachovia in the lawsuit.

MCZ/Centrum purchased prominent properties in South Florida during the height of the real estate boom. It successfully converted The Wave and The Tides in Hollywood, and the nearly 1,700-unit Flamingo in Miami Beach. However, things started unraveling last year, when lenders filed foreclosure lawsuits against its residential projects Parc Central Aventura, Palms Club Condominiums in Orlando, Mirabella Condominiums in Orlando, the Serenata Sarasota Condominiums and a 788-acre site in Manatee County.

Read more: MCZ/Centrum faces foreclosure in Boca Raton - South Florida Business Journal:

The Traffic Gridlock Act of 2009 - a/k/a SB 360

2009-09-27T12:06:00.000-07:00

On June 1st, 2009 Gov. Crist signed Senate Bill 360, a/k/a the Traffic Gridlock Act of 2009.

A popular columnist, Howard Troxler, gave SB 360 a pet name and a very appropriate one, The Katie Bar the Door and Strip Mall Act of 2009, but we prefer the Traffic Gridlock moniker. Here are his words from a recent column regarding this horrible growth management approved by developer-supported politicians:

What the state House did Wednesday was essentially to gut the Growth Management Act for big chunks of the state. Big cities and counties could allow growth without worrying about whether roads and other services can handle it. Small counties would be laid open to entire "new towns" of big development without the usual review.

The name of this bill, the House's revised version of Senate Bill 360, is ironically titled the "Community Renewal Act." It would be better titled the "Katie Bar the Door and Strip Mall Act of 2009. "There had been great hopes that Governor Crist would not sign it, but indeed he did sign it. Here is more about the bill and its ramifications.

More than 300,000 residential units sit empty across Florida, 64,588 properties were in foreclosure as of May 2009, second only to Nevada, and real estate prices are still plummeting. Nonetheless, state lawmakers are making it easier for developers to add even more. Gov. Charlie Crist signed this bill with the reasoning that it would ease government oversight and exempt many areas from a requirement that says builders must pay for road improvements if traffic generated by their projects exceeds the local capacity.

Supporters of the measure — which passed the Republican-controlled Legislature with a wide majority — say it would streamline the permitting process, concentrate development in cities and add construction jobs. Environmentalists describe it as a gift to builders that would make Florida even more vulnerable to the boom-bust real estate cycles that have already shriveled residents’ incomes and dreams.Crist signed SB 360 yesterday even though he noted that his growth management expert, Tom Pelham, who runs the state Department of Community Affairs, had misgivings about the bill. I know the calls, letters and emails to him had been massive. I guess the developers have more power here than we the people have.

The bill rewrites Florida's 25-year-old growth management law, principally by allowing developers in the most urban counties to add more housing developments without expanding roads and by allowing counties and cities to designate new urban areas that also would be exempt from certain road-building requirements. Sponsored by Sen. Mike Bennett, a Bradenton Republican and an electrical contractor, the bill passed both houses of the Legislature by wide margins. Business groups such as the Florida Chamber of Commerce and Florida Association of Realtors hailed Crist's decision.

The Chamber said the legislation ``updates Florida's growth laws without compromising environmental or land-use protections. ''In signing the bill (SB 360), Crist, a Republican candidate for the U.S. Senate, acknowledged the divisions it has caused. He has noted that his growth management expert, Tom Pelham, who runs the state Department of Community Affairs, had misgivings about the bill...."The new law is designed to make it easier to build new residential housing, even as Florida wallows in a glut of housing caused by the foreclosure crisis.

Crist signed the bill in private with no public ceremony. His press office issued a terse news release that attributed no quotations to Crist endorsing the legislation. Florida is now even more in the grip of the real estate developers, even with the glut of foreclosures, which are continuing, and even with over 300,000 housing units empty right now. I guess they think people are at the state line waiting to get into a state with little regulation on developing.

Should Boca Raton Adopt Ethics Reform too?

2009-09-27T11:55:00.000-07:00

Palm Beach County unveils more corruption reform proposals
By Andy Reid South Florida Sun-Sentinel September 23, 2009

As new corruption scandals rocked Broward County government Wednesday, Palm Beach County officials were already working on corruption reforms coming in response to misdeeds that plagued local government in recent years. Palm Beach County cornered the market on South Florida public corruption scandals in recent years, with three former county commissioners going off to prison since 2006 along with two former West Palm Beach officials.

Palm Beach County Attorney Denise Nieman Wednesday unveiled more details about the county's proposed corruption reforms, some of which, as expected, remain at odds with a reform plan pushed by a coalition of business groups. That sets up the prospect of dueling referendums for how to address corruption concerns going before Palm Beach County voters -- a confusing prospect that both county officials and business leaders say they will try to avoid.In the meantime, officials contend that the reforms in the works for Palm Beach County could be a good fit for Broward, where a county commissioner, school board member and a former Miramar commissioner were arrested Wednesday on corruption charges.

Reforms proposed in Palm Beach County include: tougher ethics laws and education, forming a county Ethics Commission and hiring an inspector general to serve as a full-time government watchdog. "An inspector general type of operation is necessary," said Paul Zacks, chief assistant state attorney in the Palm Beach County State Attorney's Office, who helped lead a grand jury review of Palm Beach County corruption problems. "The government entities don't seem to do a real good job of self policing."Corruption scandals, and reforms that could help avoid them, are not unique to Palm Beach County, said Palm Beach County Commissioner Shelley Vana. "Not to make light of it, but it is human nature," Vana said. "Human beings will derail. ... It's good to put in safeguards."

County commissioners in July agreed to the grand jury's top proposal, establishing an Office of Inspector General. The commission also endorsed creating of an ethics commission and tougher ethics rules. The measures rolled out Wednesday by the county attorney's office are the proposed ordinances that would put those reforms in place for commission-controlled branches of county government. County commissioners would vote on the ordinances in December and the county would push for a referendum in November 2010 to broaden the reach of those reforms to cities, the school district and other branches of local government.

A coalition of business leaders last week presented a competing plan that also mirrors the grand jury recommendations, but gives more oversight power to the proposed ethics commission, instead of the County Commission.For example, the ethics commission would hire, oversee and have the power to fire the new inspector general, not the County Commission.The county proposals rolled out Wednesday are "just a start," Nieman said, with talks planned between county officials and business leaders to try to work out the differences. Business leaders have said they would need to start gathering petitions in November to force a referendum the following year. "We are embarrassed. We don't like Palm Beach County being called 'Corruption County,' " said Marty Rogol, of Leadership Palm Beach County. The business group also includes the Business Forum, Economic Council and the Voters Coalition. "This is a long-term thing ... changing the culture," he said.

Residential Foreclosures up 51% in Palm Beach County

2009-09-27T01:06:00.000-07:00

A March 2009 report finds that the number of foreclosure filings in Palm Beach county increased 51 percent in February 2009, year-over-year, according to Default Research, a provider of preforeclosure listings. “Real estate market indicators show median home prices continuing to decline as home prices have dropped nearly 40 percent since 2006,” according to Default Research founder Serdar Bankaci said in a news release. In Palm Beach county the five cities with the most residential foreclosures are as follows: West Palm Beach (431) Lake Worth (266) Boca Raton (219) Boynton Beach (177) Delray Beach (96) Default Research noted it has also begun to see more commercial and retail foreclosures. The number of commercial foreclosures in its coverage areas increased about 35 percent between January and February.
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Residential Foreclosures topped 100,000 in Tri-County area in 2008

South Florida foreclosure filings topped the 100,000 mark last year, according to Default Research, which tracks pre-foreclosure listings. Miami-Dade County led the region with 47,672 foreclosures, followed by Broward County, at 37,446, and Palm Beach County, reaching 16,743.
And while the data found that foreclosure activity actually leveled off in the fourth quarter, “we expect to see foreclosure activity remain relatively high until the third or fourth quarter of 2009,” Default Research founder Serdar Bankaci said. Overall in 2008, Miami-Dade had 4.91 percent of households entering foreclosure, followed by Broward, at 4.66 percent, and Palm Beach, with 2.62 percent. The hardest-hit cities in Palm Beach County were West Palm Beach (457), Lake Worth (275), Boca Raton (198), Boynton Beach (189) and Delray Beach (96).

Foreclosure Roundup in Boca Raton area

2009-09-27T00:00:00.000-07:00

Congress Corporate Centre + Hotel at Yamato Rd. & I-95 (Sept. 2009)

The owner of the recently completed Congress Corporate Center in Boca Raton is facing foreclosure on that property, along with two of his hotels. Broadway Bank filed the foreclosure action against Shubh Boca Condominium and Atul Bisaria based on a $10.2 million mortgage issued in 2007. The 66,371-square-foot office is at 903 N.W. 65th St., in the Arvida Park of Commerce. Online advertising says it is available for lease at $19.50 a square foot or for purchase at $199 a square foot. In May, now-defunct Mutual Bank filed a foreclosure lawsuit against Bisaria and his Shubh Hotels Boca over the 183-unit Guest Suites of Boca Raton (formerly a/k/a Double Tree hotel). The developer bought the hotel, at 701 N.W. 53rd St., for $7 million in 2002 and took out a $28.9 million mortgage six years later for renovations.
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Boca Village Corporate Centre - Yamato Rd. & Congress Ave. (Sept. 2009)

Even Ned L. Siegel and Malcolm Butters, both veteran commercial developers, haven’t escaped the recession without encountering foreclosure litigation. Key Bank named the developers in its foreclosure lawsuit against the undeveloped portion of their Boca Village Corporate Centre. It concerns a $3.1 million mortgage on a 4.4-acre parcel near Yamato Road and Congress Avenue that is zoned for 107,000 square feet of office space. CB Richard Ellis listed the site for sale for $6.8 million
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Beason Square Office Condo Complex near I-95 & Congress Ave. exit (Aug. 2009)

The developer of the Beacon Square Professional Campus office condo park in Boca Raton could lose the 43 unsold units there to a foreclosure by Wachovia Bank. A subsidiary of Wells Fargo Bank, Wachovia filed the foreclosure action on Aug. 4 against Weston-based Beacon Square Professional Campus LLC and managing members David Ortiz and Harry M. Rosen, according to Palm Beach County Circuit Court records. It is based on a mortgage issued in 2004 for $16 million and last modified in June 2008 at $13.3 million. The campus – at 7777 and 7781 Beacon Square Blvd., just south of the Congress Avenue interchange at Interstate 95 – features seven buildings encompassing 156 office condo units on 34.7 acres. Only one of the buildings appears empty. It has zoning approval for two more buildings. From 2006 through July 9, Beacon Square made 14 sales for $13.8 million. That includes $5.7 million in sales that were made since the developer’s loan was modified at $13.3 million.
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Yamato Crossings faces foreclosure (June 2009)

The owner of the Yamato Crossings shopping center in Boca Raton became the latest retail developer in South Florida to get hit with a foreclosure lawsuit. Fifth Third Bank filed the action against Yamato Crossing Associates and Boca Raton-based Talbott Realty, which has been hit with foreclosure lawsuits on several other commercial properties managed by its president, Gregory K. Talbott. The complaint is based on a mortgage last modified at $9.4 million in 2007. It covers the nearly 30,000-square-foot Yamato Crossings, at 202 Yamato Road, between Interstate 95 and U.S. 1. Tenants include a CVS pharmacy, Panera Bread and Regions Bank.

The city council has recently approved the construction of a bank on this site and in early 2009 the city also approved a rezoning of the site to allow for more fast food restaurants. This now appears to be an effort by the property owner to be bailed-out of an over-leveraged development. Adjacent residents in Boca Pinar opposed the rezoning as they had been promised by the city to maintain a buffer between their residential development and this retail center. Will the city now consider restoring the old zoning in order to protect the residents?
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Piccadilly Square shopping center in Boca Raton are facing foreclosure (May 2009)

Miami-based FirstBank Florida filed the foreclosure action on May 26 against Fort Lauderdale-based Serinev Corp., Expression Enterprises and several lenders with additional mortgages on the property, according to Palm Beach County Circuit Court records. Built in 1970, Piccadilly Square has 44,935 square feet between two buildings at 8221 Glades Road in Boca Raton. The 4.5-acre site is just west of Florida’s Turnpike. Tenants include Dunkin’ Donuts, Allstate and International Jewelers Exchange.
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199 W. Palmetto Park Rd. Office Building (April 2009)

A Boca Raton office building is the target of a foreclosure lawsuit by the families that sold the building and provided financing to its new owners. The litigation involves a 10,211-square-foot office building at 199 W. Palmetto Park Road, near Northwest Boca Raton Boulevard. Boca Raton residents Herbert L. Wachtel, Lenore Wachtel, Joel Granet, Janette Granet, Gladys Granet and Arnold Granet owned it. They sold to office for $4.4 million to Boca Raton-based SRAM Palmetto in 2005 and provided the new owner with a $5 million mortgage. On March 25, the Wachtel and Granet families filed a foreclosure lawsuit against SRAM Palmetto and Dorchester Realty, according to Palm Beach County Circuit Court records. West Palm Beach attorney Gregory D. Cook, who represents the Wachtels and Granets in their lawsuit, did not immediately return a call seeking comment.
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Another Arvida Park of Commerce (a/k/a APOC) in Foreclosure (April 2009)

Boca Raton-based Cambridge Assets II owns the 137,066-square-foot facility, at 750 Park of Commerce Drive. The building is on 9.5 acres inside the Arvida Park of Commerce. After buying the building for $20 million in 2005, Cambridge Assets II obtained a $15 million mortgage from Artesia Mortgage Capital Corp., which later sold the loan on the commercial mortgage-backed securities (CMBS) market. According to a December report on CMBS quality by Horsham, Pa.-based Realpoint, Cambridge Assets II was 60 days past due on the $14.3 million remaining on its mortgage.
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770 E. Palmetto Park Rd.-Former Le Vielle Maison restaurant (March 2009)

A bankruptcy court judge has denied a company owned by Boca Raton developer Gregory K. Talbott relief from its mortgage holder, paving the way for the lender to continue with its foreclosure in county court. The 6,798-square-foot building at 770 Palmetto Park Road in Boca Raton, which once housed La Vieille Maison, a restaurant is subject to the foreclosure. Boca Raton attorney Joey M. Grant, who represents 770 PPR, said his client has not decided whether to appeal the judgment. Stuart-based Seacoast National Bank won a $2.4 million judgment against 770 PPR, but its public auction to sell the property was delayed by the Chapter 11 filing. The bank subsequently sold the judgment to New York-based TJCV Land Trust, which successfully argued that 770 PPR is a single-asset debtor that is not eligible for Chapter 11 protection. It is one of six South Florida properties owned by Talbott or one of his companies facing a foreclosure action. A separate attempt to use Chapter 11 to stop a foreclosure against another Talbott-controlled property was previously dismissed from bankruptcy court.

In Jan. 2009 it was reported that one of seven foreclosure lawsuits targeting property controlled by Boca Raton developer Gregory K. Talbott could be resolved with the sale of the building to Talbott’s own lawyer. In a Jan. 26 filing to its Chapter 11 case in bankruptcy court in West Palm Beach, 770 PPR made a motion to sell its 6,798-square-foot building in Boca Raton for $3.5 million. That would resolve the $2.4 million foreclosure judgment Stuart-based Seacoast National Bank won against 770 PPR and Talbott. The proposed buyer is Boca Raton-based law firm Sweetapple & Varkas, P.A. That firm is led by Robert Sweetapple, the lawyer who represented 770 PPR and Talbott in the foreclosure case brought against them by Seacoast.
According to the contract, the purchase of the former restaurant, at 770 Palmetto Park Road, is subject to a $315,000 deposit, $2.8 million in financing and court approval. Talbott also controls 140 Associates, which is in Chapter 11, and owns the Boca Raton building where Talbott Realty is based. With a $4 million foreclosure judgment against that company, Seacoast filed a motion to dismiss the case from bankruptcy court.

"Need" requirement for development upheld in Ocala area case vs. developer

2009-09-26T23:31:00.000-07:00

Fla. Cabinet rejects development plan
By BILL KACZOR Associated Press Writer

TALLAHASSEE, Fla. — Gov. Charlie Crist and the Florida Cabinet rejected a proposed 800-home development in Marion County after being told that approving it would just aid a ballot initiative to give voters veto power over such projects. Department of Community Affairs Secretary Tom Pelham offered that warning before the panel's unanimous vote.

The proposed Hometown Democracy Amendment that's on the November 2010 ballot would require referendums on amendments to city and county comprehensive plans such as the one turned down by the Cabinet. The measure is opposed by business and development interests and many state and local politicians including Crist. Pelham's agency originally had approved the development in Marion County horse country but later acknowledged it had made a mistake after two citizens, Ocala residents Susan Woods and Karen Recio, appealed without help from a lawyer.

An administrative law judge also sided with the women. They argued the development was out of character for the area and failed to meet a need requirement in the midst of a glut in the housing market. Development interests now were urging the Cabinet to take away their hard-won victory, Pelham said. "To do that would send a terrible message to the citizens of this state," he said. "The message would be 'Don't bother. You can participate all you want at the local level, but up the line the system's not going to protect your rights.'"Pelham then said that would "pour more fuel on the fires of Hometown Democracy." He also pointed out local governments and developers are rushing to get comprehensive plans changed before next year's election.

Hometown Democracy co-founder Ross Burnaman watched from a front-row seat. He later said the decision did not disprove a need for the amendment to rein in rampant development and sprawl. "They had to go through 2 1/2 years of hell, and then fight off the development mafia that made a last-minute run to overturn their victory," Burnaman said. "Does that sound like it works? "It also may not be a lasting victory.

Linda Shelley, one of Pelham's predecessors who appeared on behalf of the property owners, urged the panel to delay action to give Marion County a chance to revise its need provision. That would be like changing the rules after the game's started, Pelham said, but he acknowledged the land owners could try again if that happens.

Attorney General Bill McCollum said he sympathized with the family that wants to develop its property but agreed with Pelham that reversing the department and administrative law judge would set a bad precedent.
September 15, 2009 - 4:08 p.m. PDT

2009-09-26T23:06:00.000-07:00

Regulate growth, or not?
Do we need more homes?
By Kris Hundley, St Pete Times Staff Writer Published Sunday, September 13, 2009

Gov. Charlie Crist and the Cabinet are scheduled to decide on Tuesday whether 400 acres of rolling horse country outside Ocala can be developed into about 800 homes. It's a minor agenda matter for Florida's top elected officials, but one with major implications for the future of the state's growth management policy. The issue is simple: Does Marion County need more homes? The state's growth management agency says no.

The developers say that regardless of need, they should get to build on land that is theirs. Big guns, including the Florida Farm Bureau and the Florida Chamber of Commerce, are lobbying on the developer's behalf. Tom Pelham, head of the Department of Community Affairs, said it's no accident that an innocuous subdivision in the middle of the state has attracted such high-powered attention in Tallahassee.

"This case has become a stalking horse for special interests who want to eliminate the needs requirement," Pelham said. "But if you remove the needs requirement or weaken it, you might as well close up the growth management shop." It took two Marion County residents with no legal training and limited financial resources to bring the issue to a boiling point. Susan Woods and Karen Lynn Recio kept challenging the project after it was approved by the county and, initially, the state. Woods will be in the Cabinet chambers Tuesday, repeating what she has said for two years: In a county where home prices have plummeted and completed subdivisions stand vacant, there is no need for 800 more homes.

All of her adult life, Susan Woods has made a modest living from her passion for horses. She and her husband, Bill, teach and judge dressage, an equine routine that involves precise movements by both rider and horse. Their 11.5-acre farm west of Interstate 75 is small by Marion County standards: five horses, one rusty tractor, a home the couple built for $35,000 about 20 years ago. Bill Woods travels the state teaching dressage skills. Susan Woods, 58, maintains the horses and, to make ends meet, works part-time as a librarian.

In spring 2007, she learned of plans to turn a heavily wooded parcel just down the road from her home into a subdivision. Instead of allowing just one home for every 10 acres, the change would permit construction of two homes per acre. The land is just a fraction of the acreage amassed in Marion County by Bernard Castro, founder of Castro Convertibles sofa company, since the 1950s. His granddaughter, Terri Keogh, a lawyer in Long Island, has spearheaded the project. Woods, an amateur hydrologist who can point out the karsts and sinkholes that dot Marion County's limestone bedrock, knew one section of the 400-acre parcel regularly flooded. She couldn't stand the idea that the new development would turn her two-lane road into a four-lane highway. And with the real estate bust well under way, she couldn't understand why new homes were needed. "There's no common sense being used in this," Woods said. "It really bothered me. But I had no idea what I was getting into."

Going door to door to gather support, Woods met Recio, whose property abuts the planned development. They were reassured when the county's own staff recommended the project be rejected. The northwest section of the county where the subdivision was planned was losing population, at a rate of 2.33 percent a year, the staff report said. Planners also noted that several subdivisions in the area had more than 1,700 home sites approved but never developed. At a five-hour County Commission meeting in May 2007, dozens of residents spoke out against the proposal. Several commissioners chimed in with their own concerns. But when it came to a vote, they approved it, 3-2. Within months, the state's Department of Community Affairs, or DCA, signed off. Woods and Recio discovered they had the right to challenge the project before the Division of Administrative Hearings.

With no money to hire a lawyer, Woods took the lead in preparing for the trial-like proceeding, with Recio giving moral support. They sold T-shirts for $50 to cover photocopying costs. Their biggest expense was the helicopter rented when they found the developers had started moving dirt while the challenge was pending. After Woods' aerial photos were sent to the state, the bulldozing stopped. Woods spent hours on the phone with friendly attorneys who gave her tips on how to make her case and interrogate witnesses. "They laid out the bread crumbs for me to follow," said Woods, a graduate of Brown University. "I would be plodding along and people would appear to give me the help I needed." Woods and Recio got an enormous boost when the DCA attorney preparing for the hearing discovered that the agency had neglected to perform a "needs assessment" on the project. "One of the guys in a cubicle goofed," Woods said. "Their lawyer could have swept it under the rug, but to her credit, she didn't."

Faced with its error, the DCA reconsidered the proposal and switched its position. At a hearing in October, the state's experts argued that there was, in fact, no need for the development. "Sometimes we do make mistakes and overlook things," said Pelham, the DCA secretary. "It wasn't a matter of switching sides, it was a matter of law, of telling the truth." The judge, J.L. Johnston, agreed with Woods, Recio and the DCA. Among his findings: Approving the plan would mean that Marion County would have a 45-year supply of homes. Woods and Recio were ecstatic when they got the e-mail in February saying the judge had ruled the project should be rejected. "We thought we were done," Woods said. Then they learned the judge's decision had to be reviewed by the governor and Cabinet.

Final thumbs up or thumbs down comes on Tuesday. Keogh, who says development is inevitable on the family's parcel, is frustrated to see what she calls the family's "smart growth" project become a political football. "We got caught in the web of some policymaking by the DCA," she said. "This isn't about how much money we can reap off the land. It's about what we're going to create there that will add, or give back and set a new standard. We're long-term players." Recio, who runs her husband's horse training business, has another view: "This project is all about greed, not about need."

Last week in Tallahassee, as the parties briefed Cabinet aides about the issue, Woods got a sense of the powerful forces arrayed against her. To present its case, the developer has hired Linda Shelley, who ran the DCA under Gov. Lawton Chiles and also served as his chief of staff. In what amounted to a dress rehearsal for her argument before the Cabinet, Shelley lambasted the DCA's position as "legally incorrect, factually inconsistent, representing bad policy that is fundamentally an unfair way" to treat the county and the developer. Rather than uphold or reverse the decision of the administrative judge, Shelley proposed a third option: Put the request on hold while Marion County revamps its overall comprehensive plan. "The only difference is the applicant won't have to start over (the planning process) from scratch," Shelley said.

Left unsaid, but understood by those in the audience, was that by shelving the proposal, the developers could avoid a bigger obstacle than a couple of angry women. The Hometown Democracy initiative, expected to be on the ballot in November 2010, would give citizens a chance to vote on all major developments in their communities. Pelham said the rush by developers to have their projects approved before Hometown Democracy reaches the ballot has led to an unprecedented flood of proposals through his agency. "We're seeing large-scale plans that would allow for huge amounts of residential units — 100,000; 60,000; 30,000," he said.

"Take away the needs requirement or weaken it and the department will have no mechanism by which to check excessive development proposed far beyond any need." Woods has hired — "at a ridiculously low rate" — Ralf Brookes, a land use lawyer from Cape Coral, to represent her at Tuesday's meeting. She tried to speak during the aides' meeting last week but was overcome with emotion. "The only other time in my life I've choked up like that was at my mother's funeral," Woods said. "But this project is just so wrong, in so many ways."

Times researcher Shirl Kennedy contributed to this report.
Kris Hundley can be reached at khundley@sptimes.com or (727) 892-2996.
If you feel strongly about this and want to express your opinion, reference DOAH Case No. 08-1576GM and contact the Governor and Cabinet at: Chief Financial Officer Alex Sink c/o gail.robinson@MyFloridaCFO.com, Charles H. Bronson, Commissioner of Agriculture, commissioner@doacs.state.fl.us, Governor Crist flgov@myflorida.com .

Foreclosures in Delray Beach

2009-09-26T23:00:00.000-07:00

Bank United seeks foreclosure on Latitude Delray condos
Wednesday, September 16, 2009 Modified: Friday, September 18, 2009
South Florida Business Journal - by Brian Bandell

The Latitude Delray Beach Condominium is facing foreclosure.
Coral Gables-based BankUnited filed the foreclosure lawsuit Monday against Savion Holdings and managing members Isack Merenfeld, Jacques Abbo, Mayer Abbo and Jaime Weis, according to Palm Beach County Circuit Court records. BankUnited FSB, which regulators shut down in May, had given Savion Holdings a $23.3 million mortgage in 2005. A year later, the bank boosted the loan to $34.8 million for the project on the north side of Avenue L between South Dixie Highway and Southeast Sixth Avenue in Delray Beach.

According to the condominium documents, Latitude’s four buildings totaled 84 residential units and 68 storage units. Merenfeld said 58 units were completed. The developer sold nine units – all in 2008 – for prices ranging from $286,500 to $575,000. Merenfeld said he has not seen a copy of the complaint against him yet, so he's not sure whether he will contest it or not. He said he asked the bank to let him sell the units for less, but BankUnited has not agreed to it.
Once the Federal Deposit Insurance Corp. stepped in and signed a loss-sharing agreement with the new bank, negotiating his loan became more difficult, Merenfeld said. The losses on that project would be felt mostly by the FDIC.

“We believe the arrangement between the FDIC and the bank may not be the best solution for the taxpayer, or the best alternative to get the most money out of this project,” Merenfeld said.
Fort Lauderdale attorney Arthur H. Rice, who represents BankUnited, said the lawsuit seeks the full $34.8 million outstanding under the mortgage. He has not been in contact with the developer's lawyer.

Why Is Boca Raton Losing 30 Acres of Green Space?

2009-09-26T09:20:00.000-07:00

http://www.savebocaratongreenspace.org/

On 12/11/07 the city council approved an ordinance to amend the land use on approximately 30 acres of the Boca Teeca golf course (a/k/a Ocean Breeze Country Club). This land had been zoned for recreational and open space for over 30 years and city documents dating back to the time of the approval of the Boca Teeca master plan indicate that this land would remain a golf course in "perpetuity". This 2007 change was a "conditional" approval based upon city codes which provides for an 18 month period for the developer, MCZ/Centrum, to become "vested" in this development project. As of 9/25/98 this development is not vested since no permits have been issued, so under the terms of ordinance 4887 this land use is supposed to revert to the original zoning of recreation & open space. Accordingly, Save Boca Raton Green Space has requested a verification by the city that this conditional approval has expired and the land should be returned to the original zoning as recreation and open space.

Save Boca Raton Green Space & Referendum Effort

Since June 2007 the residents of Boca Raton have voiced their disapproval of this development and the most heavily impacted residents formed Save Boca Raton Green Space in order to formalize their opposition efforts. Save Boca Raton Green Space members filed a referendum petition under the terms of the city charter but the city attorney refused to allow the city clerk to process over 2,000 petitions due to Florida statutes which require more than 5 parcels of land to be impacted in order to qualify for a city wide vote under a referendum. The members of Save Boca Raton Green Space certainly felt the financial impact of this development as their "parcels" of land saw their value decline by $50,000 to $100,000 based upon the Palm Beach Co. appraiser for tax purposes as of 1/1/07. The residents certainly believed their adjacent parcels were "affected" even though the Florida statute did not define the word "Affected", so they sued the city to force the processing of the referendum effort.

The Boca Raton city attorney filed a document with the 4th district court of appeals (DCA) supporting the city of Lake Worth's efforts to stop a similar residential referendum effort in their city. This document supported the city of Lake Worth and asked the 4th DCA to define "affected" parcels as only those parcels being developed. In 2009 the 4th DCA came back with their ruling on the appeal by the city of Lake Worth in which they defined the "affected" parcels as only those being subject to the development. While Save Boca Raton Green Space and most residents with common sense certainly opposed this 4th DCA opinion, the members of Save Boca Raton Green Space determined that this judicial ruling against their efforts was not favorable and dropped their litigation to compel the city to have a city wide vote on this development.

Comprehensive Plan Challenge by Save Boca Raton Green Space

In early 2008 Save Boca Raton Green Space filed a challenge to the 2 comprehensive plan amendments by the city of Boca Raton in order to accommodate the development of 211 townhouses on a portion of the Boca Teeca/Ocean Breeze golf course. These comprehensive plan amendments were filed with the State of FL growth management oversight board for their approval, which was granted in Feb. 2008. One of these comprehensive plan amendments (ord. #4887) was for the land use change to rezone to medium density residential and the other amendment (ord. #4991) accommodated the traffic concurrency requirement by significantly increased the number of vehicle trips considering safe for the constrained 2-lane road of NW 2nd Ave. from Yamato Rd. to Jeffrey St.

In 2005 the city filed their Evaluation and Appraisal Report (E.A.R.) of the Boca Raton Comprehensive Plan and this identified NW 2nd Ave. as a failed road since the traffic exceeded the level of service standards established for a 2-lane road. These level of service standards ar established in order to provide for the health and safety of the residents and visitors traveling on the city's roads. This amendment increased the allowed traffic to almost 50% above the acceptable standard and further established an undefined interim traffic concurrency for all constrained roads within the city based upon the city's intent to approve a MultiModal Transportation District system (MMTD). It appears that the MMTD system is designed to allow for development within the city without concern for traffic standards that are normally required by the FL growth oversight agency. Virtually unlimited traffic without standards for the safety of the motorists does not seem consistent with the principals of the growth management system of the state of Florida.

In May 2008 the Florida Dept. of Administrative Hearings held the hearing on the comprehensive plan challenges and in Aug. 2008 the administrative law judge ruled in favor of the city and the developer. This ruling is a recommendation to the state of Florida oversight agency and as of this post the state authorities have not ruled on this recommendation. Could it be that not only does the state oversight authorities not want to accept the comp plan amendments, but the state authorities may also realize that there is no "need" for additional residential housing in an area that has excessive housing, including many foreclosures?

What are your thoughts on the approval of this land for development?