Ocean Breeze/Boca Teeca Update

There has been a lot going on recently with the pending expiration on 4/12/15 of the development approvals from 12/11/07 on the Boca Teeca/Ocean Breeze golf course property.  A few months ago local development attorney Mitch Kirschner submitted yet another extension request on the development approvals and he appears to be getting a favorable greeting from the city leaders who appear to be bending the rules in order to approve this request for an 18 month extension.  On 4/9/15 there will be a 4th hearing at the P&Z board for considering this request which was not heard during the past 3 meetings due to "traffic issues". DUH - of course there are traffic issues as the 2-lane NW 2nd avenue area is already so congested that adding more traffic is a health and safety hazard for the residential community in this area.

Last week also marked the 5th anniversary of the foreclosure that was filed by Wells Fargo bank on the original developer, MCZ Centrum Flordia V Owner, LLC.  The bank had loaned $7 million for the purchase of the property (essentially a 100% loan/zero equity by the developer).  As the developer took a few year to negotiate "financial incentives" with nearby condo commandos the loan came due and there were extensions of the loan granted after the principals of MCZ Centrum personally guaranteed the loan.  The recent loan balance has grown to almost $14 million based upon foreclosure documents.

The environmental issues are still being managed after the FL Dept of Environmental Protection (FDEP) has required continued monitoring of the ground water in multiple areas near the current maintenance facility.  This area was approved for residential development in 2007 by the city of Boca Raton without requiring any environmental testing of the soil or groundwater.  Subsequently the EPA & FDEP tested the soil and the water on the area near the maintenance facility which resulted in a report that stated that the property was not suitable for residential nor industrial use due to the contaminants on the property.  The most recent report on the property was during the 4th quarter of 2014 and there was still arsenic levels in the ground water that was over 2000% of the allowed parts per billion (ppb) allowed by the EPA.  Arsenic is a hazardous chemical that has been determined to be a cause of cancer so the EPA closely regulates the allowed ppm for safety of the citizens.

Meanwhile, the receiver continues to operate the golf course with over 70,000 golfers using the only 27 hole championship level facility within the city limits of Boca Raton.  Considering the city paid over $7 million for 2.25 acres of land known as the Wildflower property for an undetermined use, may the city should consider buying the golf course of over 200 acres which is expected to be a much larger draw to the city than another restaurant/proposed for the 2.25 acre site.

Environmental Update-Boca Teeca South Golf Course

The Ocean Breeze golf course in the Boca Teeca subdivision of Boca Raton has been under review by the Florida Dept. of Environmental Protection (DEP) for several years and the latest update was filed by the DEP in May 2012. The DEP has determined that the area on the South golf course has elevated levels of Chemicals of Concern (COC) which are at levels that EXCEED the "residential" Soil Clean up Target Levels (SCTL).

These COCs include arsenic, dieldrin and polynucleararomatic hydrocarbons (PAHs) within the maintenance area and other areas within the present golf course configuration. Arsenic is a known cancer agent that is common in many golf courses in South Florida as a result of long term use of herbicides, but elevated levels have been determined to be at levels that make this land unsuitable for residential development, as previously approved by the city of Boca Raton.

According to the DEP the next course of action should be the submittal to the DEP by the property owner/receiver of a Soil Remedial Action Plan that addresses the COC exceedances in the soil. The remedial strategy could be the removal and proper disposal of the affected soil and include implementation of a Best Management Plan that would encompass the continued use of the property in the vicinity of the chemical storage/maintenance area. Should remediation not prove feasible, site closure cold be accomplished by the use of engineering and/or institutional controls per Florida statutes.

In addition to the soil remedial strategies presented above, a Natural Attenuation with Monitoring (NAM) plan (groundwater monitoring) should be submitted to the DEP to address the elevated concentration of arsenic in monitoring well location previously identified.



9coc0

Environmental Update/Ocean Breeze-Boca Teeca

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

Keep Boca Beaches Public - Ocean Strand Update

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

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

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.

Boca Teeca Golf Course Foreclosure Heating-Up

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

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?

Save Boca Raton Beaches - Sign the Petition

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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



Does Boca Raton need another 1,600 housing units?

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



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



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



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



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



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



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

How Safe is Drinking Water? /EPA Report

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

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

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.

Foreclosure Update/MCZ Centrum on Boca Teeca Golf Course

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

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.?