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
Thursday, September 9, 2010
Monday, August 9, 2010
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?
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?
Sunday, August 1, 2010
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
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
Wednesday, July 14, 2010
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.
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
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.
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.
Thursday, June 3, 2010
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.
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.?
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.?
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