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Dear Boca Raton Neighbors: Save Boca Raton Green Space is a coalition of concerned Boca Raton residents who desire to maintain the green space within our community, as we believe that green space is a valuable commodity in an urban environment and is directly linked to the quality of life of the residents. Protecting the quality of life in residential communities throughout Boca Raton is the ultimate goal of this organization. Become a member today and join our effort to protect the residential quality of life deserved by Boca Raton residents. Background on the Boca Teeca Development Approval & Challenge On December 11, 2007 the Boca Raton city council approved a 211 unit townhouse development on almost 30 acres of land within the Boca Teeca master plan area which has been zoned for recreation and open space uses for over 30 years. This rezoning violated the density limiations in the original master plan ordinance that was approved when Boca Teeca was originally developed in 1974. This master plan density limitation was reinforced during the final buildout of the allowed density in 1980. As shown in the Sun-Sentinel article from this 1980 time period, the residents of Boca Teeca were concerned about the increased density and the possible public safety issues as a result of the increased traffic along NW 2nd Ave. In spite of this master plan density limitation the city approved the development of 211 townhomes on a portion of the South 9-hole championship golf course which exceeds the density limitations. The city also submitted 2 amendments to the city's comprehensive plan to accommodate this development which included the change in the Future Land Use Map (FLUM) and an amendment to the city's traffic requirements which would allow this development even though NW 2nd Ave. has been operating above it's allowed capacity for several years. The city cited this traffic issue in their 2005 Comprehensive Plan Evaluation & Analysis Report (E.A.R.) and specifically stated that NW 2nd Ave. would have to be widened to a 4-lane divided highway if there were additional development in this area and this cost would be at the expense of the developer. The E.A.R. further specified the cost of this road widening to be $14 million based upon 2004 FDOT cost analysis. As a condition of the approval of this development the city agreed to a mitigation agreement whereas the developer would be required to pay $6 million for the road widening, BUT if the city decided not to widen the road by a specified date, then the city would retain $3 million. Why would the city agree to only $3 million when they had just done an analysis of this roadway 2 years prior and identified the cost as $14 million? Of course if the city never intended to widen the road, then they would put $3 million in their pocket for supplementing their budget that is the primary responsibilty of the city manager to balance each year. Is it any wonder that the city manager endorsed this development approval when he is being offered $3 million? The impacted single family homeowners adjacent to this development formed Save Boca Raton Green Space and obtained over 2,000 petitions in order to require a citywide vote/referendum on this development approval. The city attorney refused to allow the city clerk to process the petitions since it was her determinatoin that more than 5 parcels of land were not affected by the land use changes/rezoning as required under a separate Florida Statute. Is it possible that adjacent properties are not "affected" by 3-story townhouses which would replace hundreds of yards of green open space? Save Boca Raton Green Space filed suit versus the city for not complying with their own city charter and to compel the city to process the referendum petitions as specified under the city charter. Subsequently, the city filed an amicus brief in a similar case in Lake Worth versus Save Our Neighborhood which was originally ruled in favor of the Lake Worth residential group. This brief was filed with the 4th District Court of Appeal (DCA) and contested the validation of the residential group's referendum and further cited that the term "affected" should only apply to the property being developed and not any adjacent property. The 4th DCA ruled in favor of the city of Lake Worth and further defined the "affected" parcels as only those parcels approved for development. With this unfavorable ruling and preposterous definition of the word "affected" our organization decided to drop this litigation versus the city. Our organizaton has also challenged the two comprehensive plan amendments via the established processes of the State of Florida in their growth management regulations. As of Aug. 25th 2009 the Dept. of Community Affairs (DCA) has not ruled on the challenge of the two comprehensive plan amendments so the Future Land Use change from "recreation & open space" is still pending, as is the traffic exception to the existing city comprehensive plan. By comparison the city development services staff has recommended denial of a proposed development on the nearby Hidden Valley executive golf course which would have been only 26 homes on over 54 acres due to numerous concerns with established city planning requirements. Why would the city deny this less dense development on a closed golf course versus 211 townhouses on less than 30 acres? Could it be that the city was not being offered $3 million by the developer of the Hidden Valley golf course? THIS POOR PLANNING COULD HAPPEN ANYWHERE IN THE CITY OF BOCA RATON SO JOIN YOUR NEIGHBORS AND SUPPORT THE RESIDENTIAL QUALITY OF LIFE AND PROPERTY VALUES BY BECOMING A SUPPORTING MEMBER OF SAVE BOCA RATON GREEN SPACE. |
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