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.
Recommended Order on Wednesday, December 26, 2018.
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.
- Date
- Proceedings
- 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: 12/06/2018
- Proceedings: Petitioner, 222 Lakeview, LLC's Notice of Filing Proposed Recommended Order filed.
- PDF:
- Date: 12/06/2018
- Proceedings: Petitioners, Palm Beach County and the Town of Palm Beach Proposed Recommended Order filed.
- 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: 10/24/2018
- 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: 10/22/2018
- 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: 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: 10/15/2018
- 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: 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: Order Denying Petitioner 222 Lakeview LLC's Motion for Continuance.
- 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 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: 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: 10/03/2018
- 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: 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: 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 Re-notice of Taking Deposition Duces Tecum (S.M.) filed.
- PDF:
- Date: 09/27/2018
- Proceedings: Respondent, City of West Palm Beach's, Motion for Protective Order regarding Depositions and Scope of Discovery filed.
- PDF:
- Date: 09/27/2018
- Proceedings: 222 Lakeview LLC's Privilege Log for Responses to City's First Request for Production of Documents filed.
- PDF:
- 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.
- PDF:
- 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.
- PDF:
- 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.
- PDF:
- Date: 09/25/2018
- Proceedings: 222 Lakeview's Response to Respondent City of West Palm Beach's Request for Production filed.
- PDF:
- 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.
- PDF:
- Date: 09/25/2018
- Proceedings: Order Granting Motion for Extension of Time to Respond to Discovery Requests.
- PDF:
- Date: 09/24/2018
- Proceedings: City of West Palm Beach's Response to 222 Lakeview LLC's Request for Production filed.
- PDF:
- Date: 09/24/2018
- Proceedings: Notice of Service of Supplemental Discovery to Palm Beach County filed.
- PDF:
- Date: 09/24/2018
- Proceedings: Notice of Service of Supplemental Discovery to Town of Palm Beach filed.
- PDF:
- 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).
- PDF:
- 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.
- PDF:
- Date: 09/21/2018
- Proceedings: Respondent, City of West Palm Beach's, Motion to Strike Due Process Allegations filed.
- PDF:
- Date: 09/21/2018
- Proceedings: Petitioner, 222 Lakeview's Notice of Taking Deposition of Ana Maria Aponte filed.
- PDF:
- Date: 09/21/2018
- Proceedings: Petitioner, 222 Lakeview's Notice of Taking Deposition of Alex Hansen filed.
- PDF:
- Date: 09/21/2018
- Proceedings: Petitioner, 222 Lakeview's Notice of Taking Deposition of Richard Greene filed.
- PDF:
- Date: 09/20/2018
- Proceedings: Motion for Withdrawal and Notice of Substitution of Counsel (filed in Case No. 18-004773GM).
- PDF:
- Date: 09/20/2018
- Proceedings: Notice of Appearance on Behalf of Petitioner Town of Palm Beach filed.
- PDF:
- 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).
- PDF:
- Date: 09/18/2018
- Proceedings: Petitioner's Reply and Objection to City's Request for Expeditious Resolution 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
-
Terrell K. Arline, Esquire
1819 Tamiami Drive
Tallahassee, FL 32301
(850) 321-8726 -
Kimberly L. Rothenburg, Esquire
5th Floor
401 Clematis Street
West Palm Beach, FL 33401