18-004773GM Palm Beach County And The Town Of Palm Beach vs. City Of West Palm Beach
 Status: Closed
Recommended Order on Wednesday, December 26, 2018.


View Dockets  
Summary: The Petitioners did not prove beyond fair debate that the City of West Palm Beach's comprehensive plan amendment creating the Okeechobee Business District in the Downtown Master Plan Element was not "in compliance," under section 163.3184.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8222 LAKEVIEW LLC,

11Petitioner,

12vs. Case No. 18 - 4743GM

18CITY OF WEST PALM BEACH,

23Respondent.

24_______________________________/

25PAL M BEACH COUNTY AND THE TOWN

32OF PALM BEACH,

35Petit ioner s ,

38Case No. 18 - 4773GM

43vs.

44CITY OF WEST PALM BEACH,

49Respondent.

50_______________________________/

51RECOMMENDED ORDER

53A duly - noticed final hearing was held in these cases on

65October 16 and 22 through 24, 2018, in West Palm Beach, Florida,

77before Francine M. Ffolkes, a duly designated Administrative Law

86Judge with the Division of Administrative Hearings (DOAH).

94APPEARANCES

95For Petitioner 222 Lakeview LLC :

101Nathan E. Nason, Esquire

105Nason, Yeager, Gerson,

108White & Lioce, P.A.

1123001 PGA Boulevard

115Palm Beach Gardens, Florida 33410

120John Kenneth Rice, Esquire

124Nason, Yeager, Gerson,

127White & Lioce, P.A.

131750 Park of Commerce Boulevard

136Boca Raton, Florida 33487

140For Petitioner s Palm Beach County and the Town of Palm

151Beach:

152Terrell K. Arline, Esquire

156Terrell K. Arline, Attorney

160at Law, Company

1631819 Tamiami Drive

166Tallahassee, Florida 32301

169For Respondent: Kimberly L. Rothenburg, Esquire

175K. Denise Haire, Esquire

179City of West Palm Beach

184401 Cle matis Street, 5th Floor

190West Palm Beach, Florida 33401

195STATEMENT OF THE ISSUE S

200The issues to be determined in this consolidated proceeding

209are (1) whether the Petitioners have demonstrated standing under

218section 163.3184, Florida Statute s (2018) , and (2) whether the

228Okeechobee Business District Comprehensive Plan Amendment

234(OBD Amendment) adopted on August 13, 2018, by the Respondent by

245Ordinance No. 4783 - 18 (Ordinance) is " in compliance " under

255section 163.3184(1)(b).

257PRELIMINARY STATEMEN T

260On September 12, 2018, the Petitioner 222 Lakeview LLC

269(Lakeview) timely filed a Petition for Formal Administrative

277Hearing challenging the Respondent City of West Palm Beach ' s

288(City) adoption of the OBD Amendment. On September 12, 2018, the

299Petitioners Town of Palm Beach (Town) and Palm Beach County

309(County) timely filed a Petition for Formal Administrative

317Hearing also challenging the adoption of the OBD Amendment. On

327September 17, 2018, the City filed a Notice of Request for

338Expeditious Resolution un der section 163.3184(7). The cases were

347consolidated for hearing on September 18, 2018.

354At the hearing, the parties filed unilateral pre - hearing

364statements , and the Town and County ' s request for official

375recognition of the comprehensive plans of the Town, the County,

385and the City was granted. Lakeview ' s Motion to Enforce Order of

398Pre - h earing Instructions was granted, precluding Ms. Uyen Dang,

409Ms. Hazel Carson, and Mr. Jeff Green e as witnesses for the City.

422The City ' s Motion to Strike Witnesses was grante d , in part , and

436denied , in part, precluding Ms. Terry England and Mr. Rene

446Tercilla as witnesses for Lakeview. The City ' s Motion in Limine

458was granted , in part , and denied , in part, excluding the City ' s

471m ayor and c ommissioners from being called as witness es.

482The County and Town presented the testimony of Ross Hering;

492H. Paul Brazil, P.E.; Eric McClellan, accepted as an expert in

503land use planning and comprehensive planning, including

510transportation planning; Motasem Al - Turk, Ph . D . , P.E., accepted

522as an exp ert in traffic engineering and traffic planning; and

533Richard A. Ryabik, P.E., accepted as an expert in traffic

543engineering and traffic planning. The County and Town 's

552Exhibits 1, 2, 6 through 8, 10, 15, 21, and 23 were received in

566evidence.

567Lakeview prese nted the testimony of Shari Neissani, s enior

577v ice p resident of Asset Management, RedSky Capital, LLC, which is

589the owner of Lakeview; Jo Ann Holl, p roperty m anager for

601Esperanté Corporate Center (Esperanté); Richard Greene, AICP, the

609City ' s d irector of Dev elopment Services; Scott Kelly, a ssistant

622c ity a dministrator; Michael Eschmann, presented as an expert in

633the area of property appraisal and market valuation; Cecelia

642Ward, AICP, accepted as an expert in comprehensive planning and

652zoning. Lakeview ' s Exhib its 1, 12, 18, 20, 21, 24 through 26,

66629, 39(A through E), 41, 48, 50, and 52 were received in

678evidence.

679The City presented the testimony of Richard Greene, AICP;

688Ana Maria Aponte, AICP, the City ' s u rban d esigner; Eric McClellan

702from the County; Alex Hanse n; Larry Hymowitz from the Florida

713Department of Transportation (FDOT); David W. Depew, Ph . D . ,

724accepted as an expert in comprehensive planning; and Douglas

733Whitney, certified real estate appraiser. The City ' s Exhibits 3

744through 8, 11, 13, 14, 16, 22 throu gh 25, 27 through 30, 32

758through 34, and 37 were received in evidence. Also, Joint

768Exhibits 1 through 30 were received in evidence.

776Post - hearing motions designating and cross designating

784portions of depositions were authorized and were ruled on by

794separ ate O rder. Lakeview filed a motion to reopen the evidence

806that was denied by separate O rder.

813The four - volume hearing T ranscript was filed with DOAH on

825November 26, 2018. The parties ' proposed recommended orders were

835timely filed and have been considered in the preparation of this

846Recommended Order.

848FINDING S OF FACT

852The Parties and Standing

8561. Lakeview is a Delaware limited liability company,

864registered with the State of Florida. Lakeview owns Esperanté, a

87420 - story office tower at 222 Lakeview Avenue wi thin the

886boundaries of the OBD. Lakeview submitted oral and written

895objections to the City during the process leading to adoption of

906the OBD Amendment. Lakeview ' s concerns included impact to views

917of the Intracoastal Waterway by potential development of a

92625 - story office tower to the east of Esperanté at the location

939referred to as the " church site, " as well as increased traffic

950congestion on Lakeview Avenue. Lakeview is an affected person

959under section 163.3184(1)(a).

9622. The Town is a Florida municipa l corporation and a home

974rule charter municipality. The Town owns property within the

983City, including its public works facility in close proximity to

993the OBD. The Town submitted oral and written comments,

1002recommendations, and objections to the City durin g the adoption

1012process for the OBD Amendment. The Town is an adjoining local

1023government to the City. The Town was concerned that the OBD

1034Amendment would produce substantial impacts on the increased need

1043for publicly funded infrastructure by increasing th e cost of

1053traffic signalization on Okeechobee Boulevard and Lakeview

1060Avenue in the OBD. The Town is an affected person under

1071section 163.3184(1)(a).

10733. The County is a political subdivision of the State of

1084Florida and a home rule charter county. The Cou nty owns property

1096within the jurisdiction of the City, including its convention

1105center and parking garage, which are located on Okeechobee

1114Boulevard in close proximity to the OBD. The County was

1124concerned that the OBD Amendment would produce substantial

1132i mpacts on the increased need for publicly funded infrastructure

1142in the form of increased cost for traffic signalization and other

1153active traffic management measures on Okeechobee Boulevard and on

1162increased cost of providing bus services. The County submit ted

1172oral and written comments, recommendations, and objections to the

1181City during the adoption process for the OBD Amendment. The

1191County is an affected person under section 163.3184(1)(a).

11994. The City is a Florida municipal corporation located in

1209the Cou nty and is responsible for adopting a comprehensive plan

1220and plan amendments. The City adopted the OBD Amendment under

1230the state expedited review process in section 163.3184(3). The

1239City also owns a parcel within the OBD referred to throughout

1250this proce eding as the " tent site. "

1257Background

12585. The OBD includes all the properties located between

1267Okeechobee Boulevard, Lakeview Avenue, Rosemary Avenue, and

1274Flagler Drive in the City ' s downtown. It is a five - block area

1289with the church site as its easternmost parcel.

12976. The OBD is a new district within the area defined in the

1310Downtown Master Plan (DMP) Element of the City ' s Comprehensive

1321Plan (City Comp Plan). The DMP Element is an optional element of

1333the City Comp Plan that was adopted in 1995. The DMP ' s vi sion

1348includes promoting a place of sustainable and efficient

1356transportation systems that promote greater connectivity for

1363pedestrians, cyclist , and transit riders. The OBD Amendment is a

1373small component of the City ' s large and comprehensive strategy to

1385en courage mode shift within the DMP area.

13937. The DMP currently sets forth 13 districts that are

1403described in Policy 1.1.1 and whose boundaries are depicted on

1413the Downtown District Map in the City Comp Plan. DMP

1423Policy 3.1.1 directs the City to maintain th e DMP Zoning Atlas

1435showing the districts from DMP Policy 1.1.1, the planning areas

1445and the subdistricts.

14488. The OBD is also located within the Downtown

1457Transportation Concurrency Exception Area (TCEA) established in

1464Objective 2.3.5 of the Transportation E lement in the City Comp

1475Plan. The Downtown TCEA is also adopted in the County ' s

1487Comprehensive Plan (County Comp Plan) , and the TCEA boundaries

1496are coterminous with the DMP area. The City entered into an

1507agreement with the County and FDOT in 1998 regardin g the TCEA.

1519Adoption of the TCEA meant that the City, the County, and FDOT

1531acknowledged that in order for desired development and

1539redevelopment to occur in the City ' s downtown area, it would be

1552difficult for certain roadways to continue to meet the adopte d

1563level of service standards. Thus, the City was exempted from

1573meeting transportation concurrency requirements and traffic

1579perfor mance standards in the TCEA.

15859. A Florida Standard Urban Transportation Modeling System

1593(FSUTMS) traffic analysis of the area that was done prior to

1604adoption of the TCEA ultimately established the required

1612residential and nonresidential development ratios described in

1619Transportation Element Policy 2.3.5(h). The development ratios

1626required the City to have both residential and n onresidential

1636space in the downtown area. The City achieved the projection

1646for residential units set forth in Transportation Element

1654Policy 2.3.5(g), but has approximately five million square feet

1663more of nonresidential space available to reach the stated

1672projection for nonresidential space.

1676The OBD Amendment

167910. On April 30, 2018, Gabe Klein, a consultant for the

1690City, presented the Downtown Mobility Plan to the m ayor and c ity

1703c ommission. The workshop was open to the public and televised on

1715the City ' s website. At this workshop, the Mayor initiated the

1727process for pursuing the OBD Amendment.

173311. The City then timely sent its executive summary of the

1744proposed OBD Amendment to the Interlocal Plan Amendment Review

1753Committee (IPARC) Clearinghouse on May 3 , 2018. On May 7, 2018,

1764the Clearinghouse provided notice (IPARC Notice) of the OBD

1773Amendment to the Town and the County under the terms of the

1785Interlocal Agreement that established the IPARC.

179112. On May 21, 2018, by Resolution No. 134 - 18, the City

1804Commi ssion adopted the Downtown Mobility Plan, along with the

1814Okeechobee Corridor Study, Downtown Parking and Transportation

1821Demand Management Study, and the Citywide Bicycle Master Plan.

183013. In addition to the IPARC Notice, the City provided

1840notice to both th e County and Lakeview by mail and published

1852required notices in the newspaper.

185714. Counsel for Lakeview presented oral comments regarding

1865the OBD Amendment at the City ' s Planning Board meeting on May 15,

18792018; at the Downtown Action Committee (DAC) meetin g on June 13,

18912018; at the transmittal hearing on June 18, 2018; and at the

1903adoption hearing on August 13, 2018.

19091 5. County representatives made oral comments at the

1918transmittal hearing on June 18, 2018, and the adoption hearing on

1929August 13, 2018. A Tow n representative made oral comments at the

1941adoption hearing on August 13, 2018.

194716. The Ordinance reflected the City ' s continuing policy of

1958seeking to attract high - intensity office uses to consolidate the

1969area as an economic center of downtown, with innov ative high - rise

1982buildings and an active pedestrian environment. The Ordinance

1990further allowed for the creation of incentives to permit building

2000heights to increase from five stories to 25 stories in the OBD 5

2013subdistrict without increasing the permitted f loor area ratio

2022(FAR) of 2.75.

202517. The Ordinance amended the City Comp Plan ' s DMP Element

2037to identify the location, development capacity , and height

2045allowed within the OBD. DMP Policy 1.1.1 was amended to create

2056the OBD. DMP Policy 3.1.3 was amended to show maximum

2066development capacity, subdistrict boundaries and incentive areas

2073for the OBD.

207618. The text added to DMP Policy 1.1.1 stated:

2085N. Okeechobee Business District: The

2090Okeechobee corridor is the traditional

2095business district of downtown, around which

2101office buildings have historically located.

2106The focus of the Okeechobee business district

2113should be towards attracting high intensity

2119office uses to consolidate the area as an

2127economic center of downtown, with innovative

2133high - rise buildings and an a ctive pedestrian

2142environment. The district shall function as

2148a connection between the north and south

2155portions of the City, with enhanced

2161pedestrian crossings and a large percentage

2167of public open spaces.

2171Intensity and Density

217419. The OBD Amendment di d not increase development

2183intensity or density. In fact, the OBD Amendment reduced the

2193allowable development within the Okeechobee Corridor. The

2200evidence established that the FAR of 2.75 on the church site

2211remained the same with the OBD Amendment.

221820. Ms. Aponte is in charge of overseeing the development

2228and implementation of the DMP. She testified that prior to

2238adoption of the OBD Amendment, the FAR on the church site was

22502.75 and that the church site property could have been developed

2261to accommodate approximately 300,000 square feet of usable office

2271space and provide parking on site. With the same FAR of 2.75

2283after adoption of the OBD Amendment, the church site ' s

2294development capacity remained the same.

229921. Ms. Aponte also concluded that from a plan ning

2309perspective, since the development capacity at the church site

2318remained the same before and after the OBD Amendment , and the use

2330did not change, there would not be additional traffic impacts.

234022. Mr. Greene explained that the OBD Amendment would

2349actu ally reduce the development capacity on the tent site and

2360that all other blocks in the OBD would retain the same

2371development capacity as before the OBD Amendment. Since there

2380was a reduction in the actual development capacity within the

2390OBD, there was not an increase in intensity. Mr. Greene and/or

2401his staff explained the reduction in development capacity in the

2411OBD at all four public hearings and in many telephone

2421conversations with staff from the County and the Town.

243023. The tent site is located within the City Place

2440Development of Regional Impact (DRI) that holds certain

2448development rights. Sites located within the DRI may use the

2458DRI ' s development rights on a " first come, first serve " basis

2470until they are exhausted. Reducing capacity on the tent sit e

2481would allow another site within the DRI to use those development

2492rights. This would shift development away from the Okeechobee

2501Corridor in the OBD to another site within the DRI.

251124. The City proved that the OBD Amendment did not increase

2522development i ntensity or density. The City credibly established

2531that the OBD Amendment reduced the allowable development within

2540the OBD.

2542Petitioners ' Objections

254525. The Petitioners jointly presented their cases during

2553the hearing. They argued that the OBD Amendment was not " in

2564compliance " because it created internal inconsistencies within

2571the City Comp Plan, it was not supported by relevant and

2582appropriate data and analysis, it was not properly coordinated

2591with the neighboring local governments, it was not coordinate d

2601with the comprehensive plans of the Town and the County, and it

2613was a de facto future land use plan amendment.

262226. Each argument is generally addressed below. However,

2630the major underlying premise of the Petitioners ' challenge was

2640that the OBD Amendmen t would allow more intense development and

2651that the City had not evaluated potential impacts to traffic and

2662parking. As found above, the City proved that the OBD Amendment

2673did not increase development intensity or density. Thus, the

2682City did not need to evaluate the traffic impacts of the OBD. In

2695addition, the City was exempted from meeting transportation

2703concurrency requirements and traffic performance standards in the

2711TCEA.

2712Internal Consistency

271427. The Town and County identified elements in the City

2724Comp Plan in order to argue internal inconsistency. Those were

2734the Coastal Management Element, Intergovernmental Coordination

2740Element, and Transportation Element. The Town and County also

2749claimed the OBD Amendment was inconsistent with the Strategic

2758Regi onal Policy Plan.

276228. Lakeview claimed the OBD Amendment was inconsistent

2770with the entire City Comp Plan generally, and specifically

2779inconsistent with the vision of the DMP Element, DMP Policies

27893.1.3 , 1.1.1.H , and 1.1.1.M ; Future Land Use Policy 1.1.7 ;

2798T ransportation Element Policy 2.3.1(a), Objective 2.3.4, Policies

28062.3.5(a) and 2.3.5(h) ; and Intergovernmental Coordination Element

2813Objectives 1.1, 1.2, 1.3 , and 1.4, Policies 1.3.1, 1.3.3, 1.3.4,

2823and 1.5.3.

282529. The Petitioners argued that " high - rise Class A "

2835buildings must be built in the Quadrille Business District (QBD)

2845described in DMP Policy 1.1.1.H. However, the DMP Element does

2855not limit tall buildings to the QBD. For example, a maximum

2866height of 30 stories is allowed in the Quadrille Garden Distri ct,

287825 stories in the QBD, and 15 stories in the Transit Oriented

2890District and Flagler Waterfront District.

289530. During the hearing, Mr. Greene narrated drone footage

2904that showed high - rise buildings are located throughout the

2914downtown area , including in an d near the OBD in the Okeechobee

2926Corridor. Two residential towers that are 32 stories in height

2936are also located along the waterfront in the Flagler Waterfront

2946District. The evidence supported the description in the OBD that

" 2956[t]he Okeechobee corridor is the traditional business district

2964of downtown, around which office buildings have historically

2972located. "

297331. The evidence also established that the tallest

2981buildings in the downtown are not located in the QBD. The City

2993Comp Plan does not prohibit high - r ise buildings in districts

3005other than the QBD.

300932. Lakeview ' s witness , Ms. Ward , opined that creation of

3020the OBD conflicted with the intention of the Flagler Waterfront

3030District to preserve waterfront views and its function as a

3040transition from more inten se development in the urban core of

3051downtown. The evidence showed that these intentions can be

3060realized with creation of the OBD. The OBD ' s implementing

3071regulations adopted at the same time as the OBD Amendment as

3082changes to the DMP Urban Regulations req uired that any

3092development be set back 400 feet from the Intracoastal Waterway

3102and that open space be increased. This would maintain an open

3113space promenade along Flagler Drive.

311833. The County argued that the OBD Amendment conflicted

3127with Policy 1.2 - m of its Transportation Element, which provides

3138in part: " Based on the results of the traffic monitoring report,

3149the City will pursue strategies including, but not limited to

3159. . . develop a centrally - managed system of strategically located

3171parking facilities . " The same language is found in the

3181Transportation Element of the City Comp Plan in Policy 2.3.5(a).

319134. Contrary to the County ' s argument, the OBD Amendment in

3203no way prohibited or directed the location of centrally - managed

3214parking garages. The OBD Am endment complemented the many

3223strategies referenced in Policy 1.2 - m and Policy 2.3.5(a) by

3234promoting public transit services, encouraging transportation

3240mode options, and implementing employer - based Transportation

3248Demand Management (TDM) activities.

325235. T he evidence established that parking requirements for

3261any developments within the DMP, including the new OBD, complied

3271with the provisions of DMP Element Objective 4.3 and the

3281implementing DMP Urban Regulations. DMP Objective 4.3 states

3289that " [t]he City s hall develop strategies to manage the downtown

3300parking supply and demand. "

330436. Lakeview argued that Exhibit 3 to the Ordinance showed

3314two Okeechobee Business subdistricts but did not list the other

3324subdistricts that were created under the OBD, specificall y

3333OBD - 12CP. Mr. Hansen explained that OBD - 12CP is contained within

3346the City Place DRI, which was amended by the adoption of a

3358separate Ordinance No. 4782 - 18 and is not subject to review in a

3372comprehensive plan challenge.

337537. At the hearing, the County and Town withdrew their

3385claim relating to conflict with the Coastal Management Element.

3394In an abundance of caution, the City presented evidence and

3404established that the OBD is not in a coastal high hazard area.

341638. The Treasure Coast Regional Planning C ouncil (Treasure

3425Coast) is the regional planning council that reviewed the City ' s

3437OBD Amendmenteasure Coast ' s review and comments were limited

3447to any adverse effects on regional resources or facilities

3456identified in the Strategic Regional Policy Plan, and any extra -

3467jurisdictional impacts that would be inconsistent with the

3475comprehensive plan of any affected local government within the

3484region.

348539. Based on the City ' s staff report for the OBD Amendment,

3498Treasure Coast found that the maximum development potential of

3507property, as expressed by FAR, did not increase as a result of

3519the creation of the OBDeasure Coast found no adverse effects

3529on regional resources or facilities and no extra - jurisdictional

3539impacts resulting from creation of the OBD.

354640. T he Petitioners did not present any evidence that would

3557establish the OBD Amendment was not consistent with the

3566requirements of the Strategic Regional Policy Plan.

357341. The Petitioners did not prove beyond fair debate that

3583the OBD Amendment conflicted with the policies, goals , and

3592objectives of the City Comp Plan or the County Comp Plan.

3603Data and Analysis

360642. The City Commission adopted the Downtown Mobility Plan

3615(Mobility Plan), along with the Okeechobee Corridor Study,

3623Downtown Parking and Transportation Demand Management Study and

3631the Citywide Bicycle Master Plan. The various studies that make

3641up the Mobility Plan included data relating to mode shift,

3651walkability, mobility, circulation on Okeechobee Boulevard,

3657economic growth in the downtown, and TDM in itiatives.

366643. The Mobility Plan created a vision of desired outcomes,

3676goals, a mode hierarchy, a mode - shift goal, and a series of

3689proposed projects and strategies to improve mobility, not only

3698along the Okeechobee Corridor, but also the entire downtown. The

3708plan estimated needs in 2040 based on jobs and population rates

3719and provided specific proposed projects that could be implemented

3728to manage future growth in the entire downtown. The study

3738specifically included streets within the OBD and was , therefor e ,

3748relevant data and analysis that supported the OBD Amendment.

375744. The Okeechobee Corridor Study looked at the needs,

3766capacity , and characteristics along Okeechobee Boulevard , all of

3774which are related to the OBD.

378045. The Downtown Parking and Transportat ion Demand

3788Management Study provided an audit of the parking in the downtown

3799area. The study supported adoption of the OBD Amendment since

3809the OBD is an area included within the overall parking demand

3820study.

382146. The Citywide Bicycle Master Plan included an analysis

3830of bike facilities and bike lanes along and accessing the OBD.

3841It discussed the existing transit network in the Okeechobee

3850corridor, obstacles, and the need for modification to some of the

3861street systems to achieve the Bicycle Master Plan ' s lo ng - term

3875goals of producing a connected series of trails.

388347. The City also relied upon traffic count data for

3893Okeechobee Boulevard produced by the County. In addition to the

3903County ' s traffic count data, the City relied on an FDOT analysis

3916dated June 7, 2 018, which showed existing conditions before and

3927after the Brightline train service began and which revealed that

3937there were no intersections on the relevant portions of

3946Okeechobee Boulevard that were failing. The City Commission also

3955reviewed data concer ning trolley ridership and skybike ridership.

396448. There were numerous other data and analyses that

3973existed at the time of adoption of the OBD Amendment that

3984supported the City ' s action in adopting the amendment including:

3995a. The Economic Impact Analysis of the OBD by Fishkind &

4006Associates, which found that the City ' s Class - A office market is

4020underserved, that the City ' s market has a vacancy rate far below

4033average for business districts in Florida or the United States,

4043that a new Class - A office building in the OBD is likely to have a

4059beneficial impact on the City ' s office market, that the OBD could

4072create 1,000 new high - wage jobs and create additional demand for

4085residential housing, that a new Class - A office building would

4096likely generate $1 million in tax revenue for the City, and that

4108approval of the OBD would not have a detrimental impact on

4119surrounding Class - A offices.

4124b. The West Palm Beach Downtown Walkability Analysis

4132specifically stated that certain streets, most notably the state -

4142owned Okeechobee Boulevard and Quadrille Avenue, are considered

" 4150downright hazardous " to pedestrians. Dr. Depew explained that

4158the study was relevant to the OBD Amendment because it explained

4169how the City could get people out of their personal automobiles

4180and move them i nto an urban environment in different modes of

4192transportation, which is consistent with the TCEA ' s aim to have

4204more people living and working downtown. The City has adopted

4214the walkability study in the Transportation Element Policy

42222.4.4(a) of the City Co mp Plan.

4229c. The FDOT District 4 Road Safety Audit Report was

4239intended to look at the performance of existing or future road

4250intersections, including the intersection of Okeechobee Boulevard

4257and Florida Avenue and Rosemary Avenue, to determine how the area

4268itself could be made safer for pedestrians, provide alternative

4277means of transportation, and reduce conflicts between

4284pedestrians, bicycles, and vehicles in the area.

4291d. The Transit Choices Report Sketch Alternatives

4298contained data related to populatio n and employment trends in the

4309downtown area and alternatives for transit in the downtown area.

4319It provided options, alternatives, and recommendations that

4326included a portion of the OBD area. The report contained a map

4338related to the mobility plan and sh ifting transit services to a

4350new downtown site as a potential for future consideration within

4360the OBD. It also referenced the Okeechobee Boulevard Corridor

4369Study.

4370e. The West Palm Beach Economic Development Study by

4379Avalanche evaluated economic and demog raphic data, assessed the

4388City ' s business climate, analyzed visitor trends, analyzed real

4398estate trends, and reviewed economic development assets and

4406programs in the City. With regard to infrastructure and real

4416estate, the study found that Class A office space was in high

4428demand, that office vacancy rates have been falling since 2011,

4438and that the potential OBD would allow the City to increase

4449in - demand Class A office product in a prime downtown location.

4461f. The appraiser report by Aucamp, Dellenback and Whitney

4470concluded that the proposed OBD would not have an adverse effect

4481on property values for the downtown - at - large, no adverse effect

4494on property values for nearby residential buildings, and no

4503adverse effect on property values for nearby office buildin gs.

4513g. The Palm Beach Metropolitan Planning Organization (MPO)

45212040 Long Range Transportation Plan included growth forecasts

4529regarding population and employment (population growth at 35

4537percent and employment growth at 56 percent by 2040), which

4547Dr. Depew looked at to confirm that the materials in other

4558reports he reviewed were accurate.

456349. The City did not perform a site - specific traffic impact

4575study because it was exempt under the TCEA , and there was a

4587reduction of development intensity within the Okee chobee

4595Corridor. Dr. Depew opined that the proposed OBD Amendment did

4605not require a traffic impact study.

461150. The Petitioners argued that the various surveys,

4619studies, and reports did not expressly refer to the OBD and the

4631OBD Amendment. However, sectio n 163.3177(1)(f) does not require

4640creation of a plan amendment prior to conducting studies and

4650gathering data to support it. In fact, a plan amendment is

4661usually the reaction to surveys, studies, community goals and

4670vision, and other data.

467451. The data a nd analyses relied on by the City were

4686prepared by recognized professionals using professionally

4692accepted methodologies and sources. The City ' s reaction to the

4703data and analyses was appropriate.

470852. The Petitioners did not prove beyond fair debate that

4718t he OBD Amendment was not supported by relevant data and analysis

4730or that the City did not react appropriately to the data and

4742analysis.

4743Intergovernmental Coordination

474553. The County, Town, and City entered into the

4754Comprehensive Plan Amendment Coordinate d Review Interlocal

4761Agreement , dated October 1, 1993 (Interlocal Agreement) , to

4769comply with the intergovernmental coordination requirements of

4776chapter 163.

477854. The Interlocal Agreement established a countywide

4785coordinated review process designed to provid e cooperation

4793between affected local governments and opportunities to resolve

4801potential disputes within the plan amendment process with the

4810least amount of infringement upon existing processes.

481755. The Interlocal Agreement established the IPARC

4824Clearingho use. Local governments are obligated to provide the

4833Clearinghouse with an executive summary and hearing information.

484156. The City timely sent its executive summary to the

4851Clearinghouse , and the Clearinghouse provided notice of the OBD

4860Amendment to the To wn and the County.

486857. The Interlocal Agreement provided that a written notice

4877of intent to object may be filed by a participating local

4888government and must be filed no later than 15 days before the

4900transmittal hearing. Once filed, a meeting is required between

4909the jurisdictions, a fact - finding panel is established, an

4919opinion letter is issued, and conflict resolution is available as

4929provided under Article X.

493358. The Town signed the Interlocal Agreement. It also

4942adopted Policy 1.1.3 in the Intergovernme ntal Coordination

4950Element (ICE) of its Comprehensive Plan requiring it to

4959cooperate with all other local governments in a voluntary

4968dispute resolution process for the purpose of facilitating

4976intergovernmental coordination.

497859. The County also signed the I nterlocal Agreement. In

4988the County ' s ICE, it too recognized the intergovernmental review

4999process established under the Interlocal Agreement.

500560. The County and Town did not present any evidence that

5016they filed notices of intent to object to the OBD Amend ment

502815 days prior to the transmittal hearing as required by the

5039Interlocal Agreement.

504161. In addition to the IPARC Notice, the City provided

5051notice to both the County and Lakeview by mail and published

5062required notices in the newspaper.

506762. Mr. Green e a nd Ms. Aponte spoke with John Lingren from

5080the Town about the OBD Amendment. During that conversation, the

5090purpose of the amendment was clarified, development capacity was

5099discussed, and it was explained that the amendment did not

5109increase development cap acity on the corridors and did not change

5120the uses. Ms. Aponte and Mr. Hansen also spoke with

5130Mr. Mohyuddin, a principal planner from the County , and clarified

5140that the City was not modifying development capacity and that

5150there was no effect on traffic in the corridor. Mr. Hansen also

5162spoke to Jorge Perez, a senior urban designer with the County,

5173regarding the plan amendments.

517763. The FDOT sent a findings letter to the City after

5188reviewing the OBD Amendment. Following receipt of the letter,

5197Mr. Greene c ommunicated with Larry Hymowitz, the FDOT

5206transportation planner who prepared the letter. After reviewing

5214information provided by Mr. Greene, Mr. Hymowitz testified that

5223he no longer believed that there were adverse impacts to

5233transportation facilities an d no longer had concerns about

5242the data and analysis used to support the OBD Amendment.

5252Mr. Hymowitz stated that he considered this type of communication

5262to be intergovernmental coordination.

526664. The City also received letters from the Petitioners and

5276he ard public comment made by the Petitioners ' representatives at

5287the public hearings before making its final decision to adopt the

5298OBD Amendment.

530065. The Petitioners did not prove beyond fair debate that

5310the City did not comply with the intergovernmental co ordination

5320requirements of the Comp Plans of the County, Town, or City, or

5332of chapter 163.

5335De Facto Future Land Use Plan Amendment

534266. The Petitioners argued that the OBD Amendment conflicts

5351with the Future Land Use (FLU) Element and is a de facto future

5364land use plan amendment. On its face, the Ordinance amended the

5375City ' s DMP Element, not the City ' s Future Land Use Map (FLUM).

539067. The only FLU designation for the entire DMP area is the

5402Urban Central Business District. The OBD Amendment did not

5411change the FLUM since the designation remains Urban Central

5420Business District.

542268. DMP Element Policy 3.1.3 stated that the City would

5432establish zoning designations , and specifically indicated that

5439Table DMP - 1 identified the maximum FAR and maximum height allo wed

5452within each zoning subdistrict by right and with incentives.

546169. The City ' s illustrative zoning maps included in the DMP

5473Element were reviewed in the past by the state land planning

5484agency and were accepted as part of the DMP Element, not as a

5497part of the FLU Element or FLUM.

550470. The Petitioners ' argument is an attempt to challenge

5514the status quo by claiming that the OBD Amendment is part of a

5527change to or in conflict with the FLU Element when no change to

5540the FLUM has occurred. The City ' s interp retation of its Comp

5553Plan is reasonable.

5556Ultimate Findings

555871. The Petitioners did not prove beyond fair debate that

5568the Ordinance is not in compliance. All other contentions not

5578specifically discussed have been considered and rejected.

558572. The City ' s d etermination that the Ordinance is in

5597compliance is fairly debatable.

5601CONCLUSIONS OF LAW

5604Standing

560573. To have standing to challenge or support a

5614comprehensive plan amendment under section 163.3184(1)(a), a

5621person must be an " affected person, " which is d efined as a person

5634owning property, residing, or owning or operating a business

5643within the boundaries of the local government, and who made

5653timely comments to the local government regarding the amendment.

566274. The Petitioners are affected persons under sec tion

5671163.3184(1)(a).

5672Burden and Standard of Proof

567775. As the challengers, the Petitioners have the burden of

5687proof.

568876. The plan amendment being challenged " shall be

5696determined to be in compliance if the local government ' s

5707determination of complianc e is fairly debatable. " See

5715§ 163.3184(5)(c)1 . , Fla. Stat. (2018).

572177. The term " fairly debatable " is not defined in

5730chapter 163. However, the Supreme Court of Florida has held that

" 5741if reasonable persons could differ as to its propriety, " a

5751planning ac tion must be upheld. See Martin Cnty. v. Yusem ,

5762690 So. 2d 1288, 1295 (Fla. 1997). As another appellate court

5773stated, where there is " evidence in support of both sides of a

5785comprehensive plan amendment, it is difficult to determine that

5794the [local govern ment ' s] decision was anything but ' fairly

5806debatable. ' " Martin Cnty. v. Section 28 P ' ship, Ltd. , 772 So. 2d

5820616, 621 (Fla. 4th DCA 2000).

582678. The standard of proof to establish a finding of fact is

5838preponderance of the evidence. See § 120.57(1)(j), Fla. Stat.

5847(2018).

584879. An affected person challenging a plan amendment must

5857show that the amendment is not " in compliance " as defined in

5868section 163.3184(1)(b). " In compliance " means consistent with

5875the requirements of sections 163.3177, 163.3178, 163.3180,

58821 63.3191, 163.3245, and 163.3248.

588780. A compliance determination is not a determination of

5896whether a comprehensive plan amendment is the best approach

5905available to the local government for achieving its purposes.

5914Martin Cnty. Land Co. v. Martin Cnty. , C ase No. 15 - 0300GM at

5928¶ 149 (Fla. DOAH Sept. 1, 2015; Fla. DEO Dec. 30, 2015).

594081. " In a compliance determination, the motives of the

5949local government are not relevant. " Pacetta, LLC v. Town of

5959Ponce Inlet , Case No. 09 - 1231GM (Fla. DOAH Mar. 20, 2012; Fla .

5973DEO June 19, 2012).

5977Internal Consistency

597982. Section 163.3177(2) requires the elements of a

5987comprehensive plan to be internally consistent. A plan amendment

5996creates an internal inconsistency when it conflicts with an

6005existing provision of the plan.

601083 . The Petitioners did not prove beyond fair debate that

6021the OBD Amendment was inconsistent with any goal, objective, or

6031policy of the City Comp Plan.

6037Data and Analysis

604084. Section 163.3177(1)(f) requires that all plan

6047amendments be based on relevant and appropriate data and an

6057analysis by the local government. The statute explains that to

6067be based on data " means to react to it in an appropriate way and

6081to the extent necessary indicated by the data available on that

6092particular subject at the time of adop tion of the . . . plan

6106amendment at issue. " The question of whether one methodology

6115used in data collection is better than another cannot be

6125evaluated. See § 163.3177(1)(f)2 . , Fla. Stat. (2018).

613385. The data which may be relied upon in this proceeding i s

6146not limited to the data identified or used by the local

6157government. All data available to the local government and in

6167existence at the time of adoption of the p lan a mendments may be

6181presented. See Zemel v. Lee Cnty. , 15 F.A.L.R. 2735 (Dep ' t of

6194Cmty. Af f . 1993), aff ' d , 642 So. 2d 1367 (Fla. 1st DCA 1994).

621086. Relevant analyses of data need not have been in

6220existence at the time of adoption of a plan amendment. Data

6231existing at the time of adoption may be analyzed through the time

6243of the administrative hearing. Id.

624887. There is no statutory requirement that a local

6257government delay adoption of amendments to its comprehensive plan

6266based upon pending studies by other agencies or jurisdictions.

627588. Data supporting an amendment must be taken from

6284professi onally accepted sources. See § 163.3177(1)(f)2 . , Fla.

6293Stat. (2018). However, local governments are not required to

6302collect original data. Id.

630689. The Petitioners did not prove beyond fair debate that

6316the OBD Amendment was not based on relevant and appr opriate data

6328and an analysis by the City.

6334Intergovernmental Coordination

633690. Section 163.3184(3)(b)1 . through 3 . requires

6344intergovernmental coordination among the state, county , and

6351municipal governments. Such coordination includes notice of

6358transmittal of the amendment and the ability of the

6367intergovernmental agencies to make comments. Under the statute,

6375a county ' s comments are limited to the context of the

6387relationship and the effect of the proposed amendment on the

6397county plan. Similarly, a municipa lity ' s comments are limited to

6409the context of the relationship and the effects of the proposed

6420amendment on the municipality plan.

642591. Section 163.3177(4)(a) requires coordination of the

6432local comprehensive plan with the plans of adjacent

6440municipalities and the County.

644492. The Petitioners did not prove beyond fair debate that

6454the OBD Amendment was adopted by the City without the required

6465intergovernmental coordination.

6467De Facto Future Land Use Plan Amendment

647493. The Petitioners argued that the OBD Ame ndment conflicts

6484with the FLU Element and is a de facto future land use plan

6497amendment. The only FLU designation for the entire DMP area is

6508the Urban Central Business District. The OBD Amendment did not

6518change the FLUM since the designation remains Urban Central

6527Business District.

652994. DMP Element Policy 3.1.3 stated that the City would

6539establish zoning designations. As such, the City ' s illustrative

6549zoning maps included in the DMP Element were reviewed in the past

6561by the state land planning agency and were accepted as part of

6573the DMP Element, not as a part of the FLU Element or FLUM. See

6587Dibbs v. Hillsborough Cnty. , Case No. 12 - 1850GM (Fla. DOAH

6598Apr . 22, 2013; Fla. DEO Dec. 10, 2013)( " The ALJ correctly noted

6611that the state land planning agency has cons istently followed the

6622principle that existing plan provisions that were previously

6630determined to be in compliance and that are not amended are not

6642subject to review or challenge in a subsequent plan amendment

6652proceeding. " ).

665495. The Petitioners ' argument i s an attempt to challenge

6665the status quo by claiming that the OBD Amendment is part of a

6678change to or in conflict with the FLU Element when no change to

6691the FLUM has occurred. See Id.

6697Review of the Land Development Regulations

670396. Amendments to a compr ehensive plan , even though

6712combined with a rezoning application, must be considered separate

6721and apart from the rezoning request. Martin Cnty . v. Yusem ,

6732690 So. 2d at 1288, 1293 - 94. The Petitioners ' reliance on Payne

6746v. City of Miami , 52 So. 3d 707 ( Fla. 3d DCA 2010) is misplaced.

6761Payne indisputably involved a site - specific, private application

6770for a small - scale amendment to the FLUM of Miami ' s Comprehensive

6784Neighborhood Plan to change the land use of a commercial boatyard

6795and marina from industrial and general commercial to restricted

6804commercial. Id. at 710. Significantly, the majority

6811acknowledged that land use planning and zoning are separate

6820issues , which " generally must be considered separately, even when

6829amendments to both are presented together. " Id. at 721 - 722. The

6841exception was made in Payne because the c ourt concluded that

" 6852because both requests were tied together, and the zoning

6861amendment was the driving force and was essential to obtaining

6871the land use amendment, the zoning amendment cannot be ignored in

6882this case. " Id. That is not the case here.

689197. The Petitioners ' arguments regarding the DMP Urban

6900Regulations that were changed by separate ordinance seemed more

6909directed toward claiming that the regulations were inconsistent

6917with the Cit y Comp Plan, which was not an issue for this " in

6931compliance " proceeding. See § 163.3213, Fla. Stat. (2018).

6939Summary

694098. The City ' s determination that the Ordinance is in

6951compliance is fairly debatable.

695599. The Petitioners did not prove beyond fair deba te that

6966the Ordinance is not in compliance.

6972RECOMMENDATION

6973Based upon the foregoing Findings of Fact and Conclusions of

6983Law, it is

6986RECOMMENDED that the Department of Economic Opportunity

6993enter a final order finding the OBD Amendment adopted by the City

7005by Ordinance No. 4783 - 18 " in compliance, " as defined by section

7017163.3184(1)(b), Florida Statutes (2018) .

7022DONE AND ENTERED this 26th day of December , 2019 , in

7032Tallahassee, Leon County, Florida.

7036S

7037FRANCINE M. FFOLKES

7040Adminis trative Law Judge

7044Division of Administrative Hearings

7048The DeSoto Building

70511230 Apalachee Parkway

7054Tallahassee, Florida 32399 - 3060

7059(850) 488 - 9675

7063Fax Filing (850) 921 - 6847

7069www.doah.state.fl.us

7070Filed with the Clerk of the

7076Division of Administrative Hearings

7080this 26th day of December , 2018 .

7087COPIES FURNISHED:

7089Nathan E. Nason, Esquire

7093Nason, Yeager, Gerson,

7096White & Lioce, P.A.

71003001 PGA Boulevard

7103Palm Beach Gardens, Florida 33410

7108(eServed)

7109John Kenneth Rice, Esquire

7113Nason, Yeager, Gerson,

7116White & Lioce, P.A.

7120750 Park of Commerce Boulevard

7125Boca Raton, Florida 33487

7129(eServed)

7130Terrell K. Arline, Esquire

7134Terrell K. Arline, Attorney

7138at Law, Company

71411819 Tamiami Drive

7144Tallahassee, Florida 32301

7147(eServed)

7148Kimberly L. Rothenburg, Esquire

7152K. Denise Haire, Esquire

7156City of West Palm Beach

7161401 Clematis Street , 5th Floor

7166West Palm Beach, Florida 33401

7171(eServed)

7172Peter Penrod, General Counsel

7176Department of Economic Opportunity

7180Caldwell Building, MSC 110

7184107 East Madison Street

7188Tallahassee, Florida 32399 - 4128

7193(eServed)

7194Cissy Proctor, Executive Director

7198Department of Economic Opportunity

7202Caldwell Building

7204107 East Madison Street

7208Tallahassee, Florida 32399 - 4128

7213(eServed)

7214Stephanie Webster, Agency Clerk

7218Department of Economic Opportunity

7222Caldwell Building

7224107 East Madison Street

7228Tallahassee, Florida 32399 - 4128

7233(eServed)

7234NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

7240All parties have the right to submit written exceptions within

725015 days from the date of this Recommended Order. Any exceptions

7261to this Recommended Order should be filed with the agency that

7272will issue the Final Order in this case.

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Date
Proceedings
PDF:
Date: 04/08/2019
Proceedings: Directions to Clerk filed.
PDF:
Date: 12/26/2018
Proceedings: Recommended Order
PDF:
Date: 12/26/2018
Proceedings: Recommended Order (hearing held October 16 and 22-24, 2018). CASE CLOSED.
PDF:
Date: 12/26/2018
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 12/21/2018
Proceedings: Order (ruling on motion for admission of deposition designations).
PDF:
Date: 12/19/2018
Proceedings: Order Denying Motion to Reopen Evidence.
PDF:
Date: 12/18/2018
Proceedings: Notice of Unavailability (filed in Case No. 18-004773GM).
PDF:
Date: 12/17/2018
Proceedings: Response to Motion to Reopen Evidence filed.
PDF:
Date: 12/12/2018
Proceedings: 222 Lakeview's Motion to Reopen Evidence filed.
PDF:
Date: 12/06/2018
Proceedings: Petitioner, 222 Lakeview, LLC's Notice of Filing Proposed Recommended Order filed.
PDF:
Date: 12/06/2018
Proceedings: (Respondent's Proposed) Recommended Order filed.
PDF:
Date: 12/06/2018
Proceedings: Petitioners, Palm Beach County and the Town of Palm Beach Proposed Recommended Order filed.
PDF:
Date: 11/26/2018
Proceedings: Notice of Filing Transcript.
Date: 11/26/2018
Proceedings: Transcript of Proceedings (not available for viewing) filed.
PDF:
Date: 11/05/2018
Proceedings: Petitioner Palm Beach County's Response to City of West Palm Beach's Notice of Designation of Ross Herring [sic] Deposition and Motion for Admissio nof Deposition Designations and Cross Designations.
PDF:
Date: 11/05/2018
Proceedings: Petitioner Town of Palm Beach Response to City's Notice of Designatin of Jay Boodheshwar Deposition and Motion for Admission of Deposition Designations and Cross Designations.
PDF:
Date: 10/29/2018
Proceedings: Petitioner, 222 Lakeview's Response to City's Notice of Designation of Jay Boodeshwar Deposition and Motion for Admission of Deposition Designations filed.
PDF:
Date: 10/29/2018
Proceedings: Petitioner, 222 Lakeview's Response to City's Notice of Designation of Ross Herring Deposition and Motion for Admission of Deposition Designations filed.
PDF:
Date: 10/29/2018
Proceedings: 222 Lakeview's Response to City's Notice of Designation of John Rice Deposition and Motion for Admission of Deposition Designations filed.
PDF:
Date: 10/29/2018
Proceedings: Petitioner, 222 Lakeview's Response to City's Notice of Designation of Shari Neissani Deposition and Motion for Admission of Deposition Designations filed.
PDF:
Date: 10/26/2018
Proceedings: Respondent's Motion for Admission of Deposition Designations filed.
PDF:
Date: 10/26/2018
Proceedings: Order of Post-hearing Instructions.
PDF:
Date: 10/24/2018
Proceedings: Respondent's Notice of Designation of Shari Neissani Deposition filed.
PDF:
Date: 10/24/2018
Proceedings: Respondent's Notice of Designation of Ross Herring Deposition filed.
PDF:
Date: 10/24/2018
Proceedings: Respondent's Notice of Designation of Jay Boodheswar Deposition filed.
PDF:
Date: 10/24/2018
Proceedings: Respondent's Notice of Designation of John Rice Deposition filed.
PDF:
Date: 10/23/2018
Proceedings: City's Pre-hearing Statement filed.
PDF:
Date: 10/22/2018
Proceedings: 222 Lakeview, The Town, and County's Unilateral Pre-Hearing Stipulation filed.
Date: 10/22/2018
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 10/22/2018
Proceedings: Petitioner 222 Lakeview's Notice of Filing Exhibit and Witness Lists filed.
PDF:
Date: 10/19/2018
Proceedings: Order (regarding rulings made at hearing).
PDF:
Date: 10/19/2018
Proceedings: Petitioner, 222 Lakeview's Motion to Enforce Order of Pre-hearing Instructions filed.
PDF:
Date: 10/18/2018
Proceedings: Petitioner, 222 Lakeview's Response to City's Motion in Limine filed.
PDF:
Date: 10/17/2018
Proceedings: Petitioner Palm Beach County and the Town of Palm Beach Amended Request for Official Recognition of Comprehensive Plans filed.
Date: 10/16/2018
Proceedings: CASE STATUS: Hearing Partially Held; continued to October 22, 2018; 9:00 a.m.; West Palm Beach, FL.
PDF:
Date: 10/16/2018
Proceedings: Respondent's Motion in Limine filed.
PDF:
Date: 10/15/2018
Proceedings: Respondent, City of West Palm Beach's, Motion to Strike Witnesses filed.
PDF:
Date: 10/15/2018
Proceedings: Respondent's Amended Re-notice of Taking Depositon Duces Tecum filed.
PDF:
Date: 10/15/2018
Proceedings: Respondent's Re-notice of Taking Deposition Duces Tecum filed.
PDF:
Date: 10/15/2018
Proceedings: Petitioners Request for Official Recognition of Comprehensive Plans (filed in Case No. 18-004773GM).
PDF:
Date: 10/15/2018
Proceedings: Petitioner, 222 Lakeview, LLC's Notice of Taking Deposition of Paula Ryan filed.
PDF:
Date: 10/15/2018
Proceedings: Petitioners Request for a Status Conference regarding Hurricane Michael filed.
PDF:
Date: 10/08/2018
Proceedings: Petitioner, 222 Lakeview's Notice of Taking Deposition of Scott Kelly filed.
PDF:
Date: 10/08/2018
Proceedings: Respondent's Amended Notice of Taking Deposition Duces Tecum (Cecelia Ward) filed.
PDF:
Date: 10/08/2018
Proceedings: Petitioner, 222 Lakeview's Notice of Taking Deposition of Geraldine Muoio filed.
PDF:
Date: 10/08/2018
Proceedings: Petitioner, 222 Lakeview's Re-notice of Taking Deposition of Ana Maria Aponte filed.
PDF:
Date: 10/08/2018
Proceedings: Petitioner, 222 Lakeview's Re-notice of Taking Deposition Duces Tecum of David W. Depew filed.
PDF:
Date: 10/08/2018
Proceedings: Respondent's Notice of Taking Deposition filed.
PDF:
Date: 10/08/2018
Proceedings: Respondent's Notice of Taking Deposition (B. Davis) filed.
PDF:
Date: 10/08/2018
Proceedings: Order Denying Petitioner 222 Lakeview LLC's Motion for Continuance.
PDF:
Date: 10/08/2018
Proceedings: Order Granting 222 Lakeview LLC's Motion to Compel Discovery.
PDF:
Date: 10/08/2018
Proceedings: Order Denying City of West Palm Beach's Motion for Reconsideration.
PDF:
Date: 10/08/2018
Proceedings: Respondent's Re-notice of Taking Deposition (re-scheduled from October 15) filed.
PDF:
Date: 10/08/2018
Proceedings: City of West Palm Beach's Third Request for Production to the Palm Beach County filed.
PDF:
Date: 10/08/2018
Proceedings: City of West Palm Beach's Third Request for Production to the Town of Palm Beach filed.
PDF:
Date: 10/08/2018
Proceedings: Notice of Method of Recording Testimony at Final Hearing filed.
PDF:
Date: 10/08/2018
Proceedings: Petitioner, 222 Lakeview's Motion for Continuance filed.
PDF:
Date: 10/08/2018
Proceedings: Notice of Serving Supplemental Responses of Discovery to 222 Lakeview LLC filed.
PDF:
Date: 10/08/2018
Proceedings: City of West Palm Beach's Supplemental Response to 222 Lakeview LLC's First Request for Production filed.
PDF:
Date: 10/08/2018
Proceedings: City of West Palm Beach's Supplemental Response to 222 Lakeview LLC's Second Request for Production filed.
PDF:
Date: 10/05/2018
Proceedings: Respondent's Re-notice of Taking Depositon filed.
PDF:
Date: 10/05/2018
Proceedings: Order Denying Petitioner 222 Lakeview LLC's Motion for Protective Order.
PDF:
Date: 10/05/2018
Proceedings: Petitioner, 222 Lakeview's Notice of Taking Deposition Duces Tecum of Aucamp, Dellenback, & Whitney filed.
PDF:
Date: 10/05/2018
Proceedings: Petitioner, 222 Lakeview's Notice of Taking Deposition Duces Tecum of David W. Depew filed.
PDF:
Date: 10/05/2018
Proceedings: Notice of Unavailability filed.
PDF:
Date: 10/04/2018
Proceedings: Respondent's Notice of Taking Deposition Duces Tecum filed.
PDF:
Date: 10/04/2018
Proceedings: Respondent's Re-notice of Taking Deposition Duces Tecum filed.
PDF:
Date: 10/03/2018
Proceedings: Respondent, City of West Palm Beach's, Response to Petitioner, 222 Lakeview's, Motion to Compel Discovery filed.
PDF:
Date: 10/03/2018
Proceedings: Respondent, City of West Palm Beach's, Motion for Reconsideration filed.
PDF:
Date: 10/03/2018
Proceedings: Respondent, City of West Palm Beach's, Response to Petitioner, 222 Lakeview's, Motion for Protective Order filed.
PDF:
Date: 10/02/2018
Proceedings: Order Denying Respondent's Motion for Protective Order Regarding Depositions and Scope of Discovery.
PDF:
Date: 10/02/2018
Proceedings: Order (denying motion to strike).
PDF:
Date: 10/02/2018
Proceedings: Respondent's Notice of Taking Deposition (Lingren/Castro) filed.
PDF:
Date: 10/02/2018
Proceedings: Respondent's Notice of Taking Deposition (Brazil) filed.
PDF:
Date: 10/02/2018
Proceedings: Respondent's Notice of Taking Deposition (Boodheshwar corp rep) filed.
PDF:
Date: 10/01/2018
Proceedings: City of West Palm Beach's Response to 222 Lakeview LLC's Second Request for Production filed.
PDF:
Date: 10/01/2018
Proceedings: Petitioner, 222 Lakeview's Motion for Protective Order filed.
PDF:
Date: 10/01/2018
Proceedings: Petitioner, 222 Lakeview's Motion to Compel Discovery filed.
PDF:
Date: 09/28/2018
Proceedings: Petitioner, 222 Lakeview's Reply to Respondent, City of West Palm Beach's Motion for Protective Order regarding Depositions and Scope of Discovery filed.
PDF:
Date: 09/28/2018
Proceedings: Notice of Providing Answers to Interrogatories by Town of Palm Beach filed.
PDF:
Date: 09/28/2018
Proceedings: Palm Beach County Notice of Providing Answers to Interrogatories filed.
PDF:
Date: 09/28/2018
Proceedings: Notice of Providing Documents by Palm Beach County and the Town of Palm Beach filed.
PDF:
Date: 09/28/2018
Proceedings: Respondent's Re-notice of Taking Deposition Duces Tecum (M.A.T.) filed.
PDF:
Date: 09/28/2018
Proceedings: Respondent's Notice of Taking Deposition (R.H.) filed.
PDF:
Date: 09/28/2018
Proceedings: Respondent's Re-notice of Taking Deposition (E.M.) filed.
PDF:
Date: 09/28/2018
Proceedings: Respondent's Re-notice of Taking Deposition Duces Tecum (S.M.) filed.
PDF:
Date: 09/28/2018
Proceedings: Respondent's Notice of Taking Deposition (S. N.) filed.
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Date: 09/27/2018
Proceedings: Order (regarding motions for protective order on RFPs).
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Date: 09/27/2018
Proceedings: Respondent, City of West Palm Beach's, Motion for Protective Order regarding Depositions and Scope of Discovery filed.
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Date: 09/27/2018
Proceedings: 222 Lakeview LLC's Privilege Log for Responses to City's First Request for Production of Documents filed.
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Date: 09/27/2018
Proceedings: Petitioner 222 Lakeview LLC's Notice of Service of Verified Answers to the City of West Palm Beach's First Set of Interrogatories filed.
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Date: 09/26/2018
Proceedings: Petitioners', Palm Beach County and Town of Palm Beach, Joint Motion for Protective Order regarding City of West Palm Beach's Supplemental Requests for Production filed.
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Date: 09/26/2018
Proceedings: Petitioner 222 Lakeview LLC's Notice of Service of Unverified Answers to the City of West Palm Beach's First Set of Interrogatories filed.
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Date: 09/25/2018
Proceedings: Petitioner 222 Lakeview's Second Request to Produce filed.
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Date: 09/25/2018
Proceedings: 222 Lakeview's Response to Respondent City of West Palm Beach's Request for Production filed.
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Date: 09/25/2018
Proceedings: Petitioner, 222 Lakeview's Response and Objection to Respondent, City of West Palm Beach's Motion to Strike Due Process Allegations filed.
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Date: 09/25/2018
Proceedings: Order Granting Motion for Extension of Time to Respond to Discovery Requests.
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Date: 09/24/2018
Proceedings: Respondent's Notice of Taking Deposition Duces Tecum filed.
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Date: 09/24/2018
Proceedings: Respondent's Notice of Taking Deposition Duces Tecum filed.
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Date: 09/24/2018
Proceedings: Respondent's Notice of Taking Deposition filed.
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Date: 09/24/2018
Proceedings: City of West Palm Beach's Response to 222 Lakeview LLC's Request for Production filed.
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Date: 09/24/2018
Proceedings: Notice of Service of Supplemental Discovery to Palm Beach County filed.
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Date: 09/24/2018
Proceedings: Notice of Service of Supplemental Discovery to Town of Palm Beach filed.
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Date: 09/24/2018
Proceedings: Notice of Service of Discovery to 222 Lakeview LLC filed.
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Date: 09/24/2018
Proceedings: Notice of Service of Discovery to Palm Beach County filed.
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Date: 09/24/2018
Proceedings: Notice of Service of Discovery to Town of Palm Beach filed.
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Date: 09/24/2018
Proceedings: Amended Notice of Hearing (hearing set for October 16 and 22 through 24, 2018; 10:00 a.m.; West Palm Beach, FL; amended as to hearing location).
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Date: 09/24/2018
Proceedings: Petitioners', Palm Beach County and Town of Palm Beach, Joint Motion for Extension of Time to Respond to Discovery Requests filed.
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Date: 09/21/2018
Proceedings: Respondent, City of West Palm Beach's, Motion to Strike Due Process Allegations filed.
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Date: 09/21/2018
Proceedings: Petitioner, 222 Lakeview's Notice of Taking Deposition of Ana Maria Aponte filed.
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Date: 09/21/2018
Proceedings: Petitioner, 222 Lakeview's Notice of Taking Deposition of Alex Hansen filed.
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Date: 09/21/2018
Proceedings: Petitioner, 222 Lakeview's Notice of Taking Deposition of Richard Greene filed.
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Date: 09/20/2018
Proceedings: Order Granting Motions for Withdrawal of Counsel.
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Date: 09/20/2018
Proceedings: Motion for Withdrawal and Notice of Substitution of Counsel (filed in Case No. 18-004773GM).
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Date: 09/20/2018
Proceedings: Notice of Appearance on Behalf of Petitioner Town of Palm Beach filed.
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Date: 09/19/2018
Proceedings: Petitioner's First Request to Produce filed.
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Date: 09/19/2018
Proceedings: Notice of Appearance filed.
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Date: 09/18/2018
Proceedings: Order of Pre-hearing Instructions.
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Date: 09/18/2018
Proceedings: Notice of Hearing (hearing set for October 16 and 22 through 24, 2018; 10:00 a.m.; West Palm Beach, FL).
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Date: 09/18/2018
Proceedings: Order of Consolidation (DOAH Case Nos. 18-4743GM, 18-4773GM).
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Date: 09/18/2018
Proceedings: Petitioner's Reply and Objection to City's Request for Expeditious Resolution filed.
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Date: 09/17/2018
Proceedings: Motion for Withdrawal and Notice of Substitution of Counsel filed.
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Date: 09/17/2018
Proceedings: Notice of Appearance filed.
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Date: 09/17/2018
Proceedings: Notice of Request for Expeditious Resolution filed.
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Date: 09/13/2018
Proceedings: Initial Order.
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Date: 09/12/2018
Proceedings: Petition for Formal Administrative Hearing filed.

Case Information

Judge:
FRANCINE M. FFOLKES
Date Filed:
09/12/2018
Date Assignment:
09/13/2018
Last Docket Entry:
04/08/2019
Location:
West Palm Beach, Florida
District:
Southern
Agency:
Growth Management (No Agency)
Suffix:
GM
 

Counsels

Related Florida Statute(s) (6):