Update on Sunset Drive

Sunset Drive property

This has been going on since 2005 when I first got into the PAC, Save Our Neighborhood, Inc. with Katie Mcgiveron

I am attaching the letter from the City Attorney to the Mayor & Commissioners along with the 'mystery' Settlement Agreement finally. The letter is dated 2/21/24.

SCG's $5k+ app fee is waived. It appears that if the amendment to allow townhomes anywhere in Lake Worth Beach isn't passed at the same time as his (developer) request for a planned development, he will sue & if his planned development isn't approved, he will sue. Also, townhomes are mandated to be built on the property. The City has to approve the Settlement Agreement first.& Chris (the developer) will have 60 days to file a claim after that if he wants. It also appears that in the new settlement agreement, they increased the townhomes from 40 to 42, decreased the setback required and possibly removed the requirement for homes to be for sale not rent.

~Nicki Loulis
Affected Party 400ft from Potential DESTRUCTION of 100+ yrs of history

Sunset Drive Neighborhood Meeting (03/01/24) @ 6:00pm
Time: Mar 1, 2024 06:00 PM Eastern Time (US and Canada)

Zoom Meeting

Letter from Glen Torcivia

Top City Executives Spoke at ROLO Meeting

Neighborhood Association, ROLO, met on July 11 with approx 50 in attendance

The main topic of the evening was the Sunset property that sold in 2005 for $1,500,000.

In 2005, we formed Save Our Neighborhood PAC to lobby and ensure that this property would remain Single Family 7 and not have it over-developed in our single family neighborhood. We even went to mediation to no avail.

It has languished through the years with several zoning changes: Agriculture, Single Family 7 and even Medium Density Residential. At the moment, someone, and we don't know who but we can only guess who made another zoning change, has the zoning as NZ - NOT ZONED-- ( 38-LAKE WORTH BEACH ).

There is a neglected house on the 4.02 acres that should be demolished.

We were told that SCG Florida, Chris Raley, has submitted plans to build on the acreage. Their web site says, "SCG Florida, LLC, builds sustainable single-family homes with a pathway to ownership with an ESG focus for affordable living." It was said at the meeting that he wants to build 42 townhouses with 6 as affordable units. There will be no sustainable bonus to the developer. I don't want to speak for our PAC that is now dissolved, but I believe we would agree that 42 townhouses are acceptable for the parcel.

Mayor Betty Resch was also in the audience.

City Attorney, Glen Torcivia (my favorite lawyer)

Commissioner Sarah Malega (my favorite commissioner) District 1

William Waters, (AIA, NCARB, LEED AP, GGP, ID, SEED), Director of Sustainability

 and

 Carmen Davis, City Manager. Ms. Davis did not speak to the Sunset property.

Save our Neighborhoods from ADU's

The proposed ADU ordinance by Commissioner Omari Hardy allowing Accessory Dwelling Units (rental units) on every residential lot would effectively change the zoning of all single family residential (SFR) neighborhoods to multi family residential in Lake Worth Beach.

This would double or triple the number of homes, people, cars lining the streets, garbage and crime in every existing single family neighborhood. The enormous increase in home density would have a devastating effect on the community, environment, aesthetics and property values of our existing Lake Worth Beach single family homes.

Sign the Petition

825 Sunset Drive - 12 years later

The Sunset property at 825 Sunset Drive has been in limbo since 2005. That's when I joined the Political Action Committee, Save Our Neighborhood, my first involvement in Lake Worth politics.

The Pac collected over 3,000 signatures city wide wanting the single family zoning kept in place. Former Lake Worth city attorney Larry Karns refused to forward the petitions to the Palm Beach County Supervisor of Elections for verification citing a State Statute that you could not petition on less than 5 acres even though it was he who approved our petition. A battle in the circuit court then ensued between Save Our Neighborhood, Inc. and the City. Save Our Neighborhood won its case in the circuit court, but the decision was challenged by the City of Lake Worth. Even then the city was going against its citizens, favoring a developer just like it did on the Heights Amendment in recent years. The Sunset case moved up the judicial ladder into the Appellate court which then overturned the Circuit Court's decision.

In a special meeting held on August 25, 2009, the Lake Worth City Commission voted to repeal two city ordinances that would have allowed MF 20 zoning (20 units per acre) into the single family Lake Osborne Heights neighborhood. The commission consisted of Commissioners Cara Jennings, Commissioner Retha Lowe, Mayor Jeff Clemens, Commissioner Joanne Golden and Commissioner Suzanne Mulvehill. The undeveloped 4.02 acre property that was the subject of the commission's action reverted to its previous zoning of “County Agricultural” (five units per acre). Zoning is all political.

 Read about it... and about who we had to fight to keep our neighborhood. Wes Blackman even called us "whackos."

So, 12 years later, we still are in limbo with the property. The owner threatened a Bert J. Harris lawsuit. We all were in mediation for a few years and nothing ever was resolved.  The property lanquishes and Code never does a thing about the condition of this property. Only the raccoons, snakes and possums enjoy it. So, 12 years later, it looks like this:

Time to Clean House on March 15

Comment Up

The "Real" Victim

Comment Up

Katie McGiveron, Vice President of ROLOH and Chair of Save Our Neighborhood Political Action Committee, bringing awareness to the infestation of raccoons throughout her neighborhood due to overgrown vegetation on an abandoned property located near her house.

Destructive pests threaten the neighborhood

Comment Up

GUEST BLOGGER President of ROLOH, says:

826 Sunset Drive needs to be torn down not boarded up as satellite images show many holes in the roof which indicates i'ts caving in.  Also since they do not keep this "mowed" on a regular basis they are running vermin such as raccoons all over the neighborhood.  This has caused thousands of dollars in damages to homes--from several homes having their roofs ripped open to others having their side vents ripped open by raccoons trying to find a "new" home.  (5 homes that we know of so far and as we drive the neighborhood I'm sure we will find others.)

If the Sunset owners do not wish to provide continued maintenance then they should simply forfeit the property and move on.  One of the houses on the Sunset Property clearly has holes in the roof.  The other structures should be inspected for hazardous materials.  If the one small structure is a well, is it capped?  Another structure past the barn also appears to have holes in the roof.  What are the three round objects in the attached image?
 

Save Our Neighborhood, a political action committee that began about eight years ago to save the ROLOH neighborhood residential Single Family 7 zoning from upzoning, is still in effect. It was over the 826 Sunset parcel that was bought by out-of-town land speculators. The property languishes as the owners constantly threaten a law suit to get the upzoning they desire. But like everything else in Lake Worth, the property has been abandoned over all of these years and is now rapidly deteriorating causing untold problems throughout the neighborhood, especially the nearby houses located on adjacent streets.

Vermin and racoons have resided on and about the property and it has been suggested that they have literally taken over its occupancy. Raccoons look for weak spots on a house to get through and start their family and multiply. There are plenty of weak spots as depicted above. The only solution the neighborhood now has is to capture these animals themselves and then when that is done, hope that the city will enforce its code and make sure the property is maintained. Raccoons can also be a health hazard if in or around your house.  Raccoons may leave millions of roundworm eggs in their feces and after a month they develop to the infective stage. 

A raccoon invasion 

Raccoons love abandoned houses

William Waters responded:
Mr. Waples:
We are in contact with the owners through Code Compliance and are following up with the order for Board & Secure. We will have to inspect the board & secure to approve the final certificate at which time we would have the legal opportunity to go on the property itself and assess the building. A board & secure requires that all openings are secure not just doors and windows. We will not be able to final the board & secure unless all the openings including the ones in the roof are secured. Based on the extent of the deterioration, the owners may decide to demolish verses secure. We will keep you apprised of their response and it will go to the Special Magistrate should they not respond as a notice of violation has been prepared and has been filed. Thank you.
William Waters, AIA, NCARB, LEED AP BD+C

Robert Waples, President of Lake Osborne Heights, speaks out on the Sunset Mediation

Comment Up

 Dear City Manger Bornstein,

We of the Lake Osborne Heights Neighborhood have been asking for, I think, 2 years now what is going on with the so called "Mediation" of the Sunset Property and to date no one contacts Ms. McGiveron who is part of the mediation, our neighborhood and frankly we keep asking the question however the other side keeps refusing to come to the table.  The Commission has been absolutely about useless on this matter and allowed the former City Manager "Gag" them from even discussing. Mayor Triolo was the only one to speak up at a meeting and asked the questions as to why this has not been resolved.

At what point does a "Mediation" become obsolete or hits a statute of limitation?  This can not keep dragging out, the other side of the property has not come to the table and when they were at the table would keep walking away with no input.  This by definition is no longer a mediation but a complete abandonment by the "developer" owner on this property.  The Mediator even tried to make a separate deal with the owners away from the table...THIS is Fact with out our knowledge

Quite frankly we are at a complete impasse, the DCA has but all disappeared and no one seems to know who, at the State of Florida, knows who has taken this on?  The DCA Tracking system seems to have disappeared and WE WANT ANSWERS.  You no longer have legal representatives for the city as they all resigned...and no one has an "eye on the legal ship" of this city.

Sunset is to be and will be zoned SF7...The prior zoning was deemed Contract Zoning...Was deemed that the "developer/owner" does not have a legal leg to stand on by your then consultant legal team and yet this keeps dragging out.

We are not going to keep tolerating this Gross Mis-Judgement by the City of Lake Worth any longer.  Its time for ending the mediation in the City's Favor as the Mediation is nothing, nada, not a mediation any longer.  Please contact Mrs. Katie McGiveron ASAP for an update, schedule an appointment with what ever legal counsel you have left for this city so that we as Affected Members of the Community know where we are at.

Thank You in advance for your kind and courteous response so that we as neighbors can finally put this issue behind us and end this 7 year tyranny of holding our neighborhood hostage, creating our sleepless nights, anxiety and depression because the City of Lake Worth does not have the "kahuna's" to take a stand for our neighborhood.

Robert Waples
President of Lake Osborne Heights.

A Victory for the People - Emma Bates in Riviera Beach

Comment Up
One of my "fans" posted here yesterday telling me to "get a life." This person is incensed about everything I write as we do not agree politically and he does not hide his hatred. However, "having a life" means different things to different people. It's not always about painting houses or volunteering at your local hospital or clean-ups in your neighborhood association. Sometimes it is just about contributing to the overall democratic process or anything you deem worthwhile.

Belonging to two political action committees has been an honor for me over the years. Save Our Neighborhood, Inc. and the situation in Lake Osborne Heights is still going on. This is what got me interested in Lake Worth in the first place. This land use has been political from the beginning--two outside land flippers wanting to obtain a favorable zoning to allow building against our code and an entire neighborhood trying to retain a single family neighborhood. We have had many factors against us but primarily it has been the politics behind the development crowd. This is something we have fought for years in Lake Worth. We believe that the single family neighborhood is sacrosanct.

Due to this last election, the developers have, once again, a stronghold on Lake Worth. They have had consistent campaigning for their side over the past five years and now are in control of our city. The anarchist element, although extremely minute, was blown out of proportion (a political maneuver) but helped their cause immensely. They recently kicked Panagioti Tsolkos off the Community Relations Board and then voted to sunset the entire board. They are now in the process of one final act of their own anarchism, getting rid of Cara Jennings on the Planning & Zoning board by making sure that appointed members are "qualified" even though it is the very same qualified people who made horrendous decisions in past years and are, in my mind, special interest groups/types. This political group has a cunning spokeswoman who does have a life and volunteers for everything imaginable. She is right out there and admired by many.

The other political action committee to which I belong is Citizens Come First. The last cause was the ballot initiative in Riviera Beach. Chair, Laurence McNamara, advised them on the language, on the number of words allowed in the ballot title and ballot summary and gave them the Public Land/ Public Vote charter amendment as a template for them to follow. On April 4, 2012, a final opinion, favorable to the people, was rendered by the Appellate Court.

It takes a lot of time, energy and money to win a cause and be on the right side of democracy. But more than that, it takes a profound belief that your cause is just. Emma Bates in Riviera Beach did just that when she petitioned the voters to have the right to vote on the marina development and keep the City of Riviera Beach from selling it. It was my pleasure to help demonstrate for her cause.

Here is the final opinion from the District Court of Appeal, 4th District.

Laurence McNamara said, "This is a victory for the people aided by Citizens Come First."

Code Enforcement in Lake Worth

Comment Up
Update: 3:30 I just got a call that the property is now being mowed

Photo taken 11-1-11

Ms. Diaz must be mistaken when she says that this property "has been mowed and is in compliance right now." I had no trouble seeing what is going on here. Why did Ms. Diaz have a problem? It has been reported to me that not only is the property being neglected but that rats and possums have taken up residence there. The Utility was just there and cut down large tree limbs away from the Utility cables.

----- Original Message -----
From: Raquel Diaz

To: lynn113@comcast.net

Sent: Monday, October 31, 2011 12:33 PM

Subject: 826 Sunset

We had a violation open on this property as a result of a complaint. However, we can only cite what we can actually see, not based on hearsay. I personally went all around the property and all the officer and I could see from any vantage point we tried was the overgrown landscaping.

In the case of possums and other vermin, we are do not handle animal control issues. Perhaps you can speak to the Animal Care & Control Field Operations Manager at (561) 233-1200.

The property was mowed and is in compliance as of right now.

Raquel Diaz
Code Compliance Manager
E-Mail: Rdiaz@lakeworth.org

Trela White - League of Cities

Comment Up

Trela White
Speaking at City Hall on behalf of her clients,
the cities that have not paid their sewer bills

The City of Lake Worth is literally sleeping with the enemy. Sometimes we don't know who our "friends" are. I have spoken out against The League of Cities on more times than I can remember and at least once a year when the commission is voting to spend tax dollars. The League has a lot to offer Cities but to the residents who actually support their cities through taxes and assessments, perhaps not.

From their website: The mission of the Florida League of Cities is to utilize the economies of scale to provide local governments in Florida innovative and comprehensive financial solutions while remaining competitive for large governments. (Gosh, perhaps they were behind all of our tax increases too). The League is founded on the belief that local self-government is the keystone of American democracy, certainly a principle to which I concur.

My disgust with them started with Trela White who was also the attorney of the year in 2008 for The League of Cities and its General Counsel, when she joined in on the Appeal on the Sunset law suit to sue our citizens who were only trying to save their neighborhood from up-zoning.

The Sunset issue was when I got interested in Lake Worth politics and I have never looked back since 2005. My rationale was if there was one corrupt vote in this City, then there were hundreds more that affected all of our quality of life and wallets. Although this is not my neighborhood, it is nearby. It goes without saying that neighborhoods are important to all those who live in them, each with their unique set of circumstances but with a common thread. We have 16 neighborhood associations and a Council of Presidents who are all informed on Lake Worth and the importance of the general well being of those who live there.

Trela came waltzing into town to help sue the ROLOH neighborhood. Save Our Neighborhood, Political Action Committee won the suit in the Circuit Court to stop the up-zoning but the City prevailed when it hired outside counsel and took the case further and won in the Appellate Court on a State Statute of 5 acres or less with the help of The League of Cities.

Now she is the attorney for all the cities and Palm Beach State College that have stopped paying their sewer bills to our City. Because of this, sewer rates are going up by 30% regionally and 13% locally and all the residents of Lake Worth will have to pay for all those who are not. Thanks, Trela.

Our City continues to support The League of Cities. We continue to spend money on dues and conferences so that commissioners can learn how to screw the citizens. And now we can see how that has paid off. The City has found all sorts of ways to tax its citizens and raise money for capital reserves during the worst economy. Our citizens are experiencing foreclosures and declining incomes with its "friend" as one of the reasons for our pain.

Trela is a busy girl. When she is not joining law suits with cities to fight its citizens or advising them to withhold lots of money to the City of Lake Worth, she represents the following:

Town Attorney - Town of Lantana (since 1986)
City Attorney - City of Atlantis (since 1987)
Village Attorney - Village of Royal Palm Beach (since 1993)
Town Attorney - Town of Palm Beach Shores (since 1994)
Town Attorney - Town of Mangonia Park (since 1994)
Village Attorney - Village of Golf (since 1999)
Town Attorney - Town of Manalapan (since 2002)
City Attorney-City of Belle Glade (2003-2008)
Town Attorney - Town of South Palm Beach (since 2005)
Village Attorney - Village of Tequesta (since 2008)
City Attorney - City of Palm Beach Gardens (since 2008)
Palm Beach Co. League of Cities, Inc. - General Counsel (since 1992)
Representing all 37 Municipalities on matters of mutual interest

Lake Worth Comprehensive Plan EAR in compliance

Comments Up
Final Order entered by the Department of Community Affairs accepting the Administrative Law Judge’s (ALJ) Recommended Order finding our Ear Based Amendment in compliance. The DOAH case is now concluded.

CLICK HERE TO READ THE FINAL ORDER

826 Sunset Drive, Lake Worth

Comment Up


Yesterday I toured the Sunset property. This parcel consists of 4.02 acres and according to the Property Appraiser's Office, it is zoned MultiFamily 10. There is, however, a problem with this as it was never transferred to the DCA by the City of Lake Worth. Even if it had been transferred to the DCA, it is considered Contract Zoning and that is illegal. Consequently all the things that lead up to this has caused a law suit with the City of Lake Worth by the owners, Sunset Drive Holdings. They were lured into buying this property with the promise of a zoning change, by a previous commission, that never happened.

Between employee ineptitude and failure to transmit the illegal spot zoning to the Comp Plan to the DCA (and it is a good thing that this mistake was made or it would have initiated another lawsuit)-- to a Commission, spearheaded by Nadine Burns, that was looking for tax base and the hell with a neighborhood--to the change of a new city commission that reversed the zoning decision of a past commission-- this once pristine property has been allowed to deteriorate over the past 6 years as it was bought for development. The only value is now in the land. Every allegation by the owners and every amendment filed has been rejected. Pages 5 & 6 of the Recommended Order relate to La Sonna Hayes; her claims were rejected.

The owners want to sell this land and end their law suit with the City.

It was very quiet there and I saw no wildlife other than the report of one dead possum. The second photo is not on the Sunset property but on the Ciocci's right near the entrance to Sunset--it was too unusual with all the Spanish moss, not to include.

Sunset Parcel again and The Lake Worth Herald

Comment Up
Mr. Parrish--

What is it about the facts that you fail to consider regarding Sunset? You continue to say that it will end up in a Bert J. Harris taking when in fact, the zoning was NEVER changed. The Herald always has the City LOSING every suit in Court. It said in today's editorial that the parcel was "down-zoned." No it was not.

As any different zoning that might have been discussed has never been in effect; it is not "down zoning" anything. The owners never had the zoning.

In the attorney's report produced by Nancy Stroud, she stated that—

• The owner’s purchase of the property occurred prior to the 2005 rezoning, land use amendment and annexation agreement.
  

• Even after the rezoning, annexation and plan amendment approvals, there was obvious controversy (“red flags”) about the approvals, including legal challenge to the plan amendment.
  

• The annexation agreement may be considered contract zoning on which the owner cannot legally reply.
  

• The rezoning of 20 units per acre is not valid until a consistent FLUM designation is effective on the property.
  

• There are no obvious expenditures for further permits or other costs since the original rezoning.
  

• The downturn in the residential real estate market substantially diminishes the market foreseem ability of the use of the property for townhouses.
  

Regarding the Bert J. Harris Act--There is an important consideration here that the Herald continues to overlook and purposely ignores:

"The government action must inordinately burden an existing use of real property or a vested right to a specific use of real property. Additionally, it must appear that it is a reasonable foreseeable non-speculative use that is suitable for the subject real property and compatible with adjacent land uses." The owner's right to develop has not been denied.

Sunset Drive Holdings does not fall under the Laws of Taking. There is a single family house on the 4.02 acres that has been there since 1929. The Sunset neighborhood welcomes him to build 7 units per acre, consistent with the neighborhood.

When Sunset Drive Holdings loses in court on a Bert J. Harris "taking" I would hope that the Lake Worth Herald will issue one big apology to Save Our Neighborhood and to ROLOH. There are two sides to this, Mr. Parrish, and you only choose to write about one.

Sunset Drive and DOAH Hearing

Comment Up
It seems that one or both parties to this suit wanted MORE time. How much time has been involved now? I would think that Sunset Drive Holdings would have made its case by now. Just another stall. Maybe it was their Planner expert witness. Maybe LaSonna Hayes actually had a point. Time will tell but that's all we've been getting--TIME. Perhaps one of these days our Comprehensive Plan will be in effect and one lone entity or one lone individual will not hold it up because they want to build to the sky and sacrifice an entire single family residential neighborhood to do it.

ORDER

The parties' Agreed Motion for Extension of Time to File Proposed Recommended Orders is granted, and they shall have until March 15, 2011, in which to do so. No further extensions will be granted.

DONE AND ORDERED this 8th day of February, 2011, in Tallahassee, Leon County, Florida.S

D. R. ALEXANDER
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675
Fax Filing (850) 921-6847

www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings
this 8th day of February, 2

Sunset Drive Holdings and La Sonna Hayes vs City of Lake Worth and the Department of Community Affairs

Comment Up
*AMENDED NOTICE OF HEARING BY VIDEO TELECONFERENCE

A hearing will be held in this case on January 12, 2011, at 11:00 a.m., or as soon thereafter as can be heard by video teleconference at sites in West Palm Beach and Tallahassee, Florida. The West Palm Beach site will be at the Office of the Judges of Compensation Claims, Video Room, 5405 Okeechobee Boulevard, Suite 200. The Tallahassee site will be at the Division of Administrative Hearings, Hearing Room 6, the DeSoto Building, 1230 Apalachee Parkway. Witnesses, parties, representatives, and/or attorneys may report to either site. The Administrative Law Judge will be at the Tallahassee site. Continuances will be granted only by order of the Administrative Law Judge for good cause shown.

ISSUES: (a) whether the height restrictions on Table 1 of the EAR amendment adopted by Ordinance No. 2008-25 on October 25, 2009, are in compliance; (b) whether the City's adoption of the EAR amendment more than 120 days after receiving the Department's Objections, Recommendations, and Comments report renders the EAR amendment not in compliance.

AUTHORITY: Chapter 120, Florida Statutes; and
Chapter 28-106, Parts I and II, Florida Administrative Code

DOAH Hearing on Sunset case

Sunset Drive Holdings LLC and La Sonna Hayes-Tomanek
vs.
The City of Lake Worth and Department of Community Affairs

ISSUES: (a) whether the height restrictions on Table 1 of the EAR amendment adopted by Ordinance No. 2008-25 on October 25, 2009, are in compliance; (b) whether the City's adoption of the EAR amendment more than 120 days after receiving the Department's Objections, Recommendations, and Comments report renders the EAR amendment not in compliance.

AUTHORITY: Chapter 120, Florida Statutes; and Chapter 28-106, Parts I and II, Florida Administrative Code.

With no more delays being allowed for the Petitioners, this meeting will be held on January 12 at approximately 9am at City Hall.

Sunset Parcel

Comment Up
Sunset Drive Holdings Petition to Amend Hearing

City of Lake Worth's opposition to Sunset Drive Holdings request to Amend Notice of Administrative Hearing

I have never seen an attorney such as Larry Smith for Sunset Drive Holdings drag out anything as he has done this case. His fees must be tremendous. He keeps challenging the land-use on this parcel when there is no legal basis to do so.

This is supposed to go before the Judge on January 12th. Just another delay tactic by Smith.

DOAH Hearing Request

Read Here

Sunset and The Lake Worth Herald

Comment Up
I just picked up my Lake Worth Herald and continue to subscribe to it because it normally "gets me going." Patrick Parrish, the Editor, always has one way of looking at anything. Regarding the Sunset issue, he has always sympathized with the land speculators, not the 460 residential families in the Residents of Lake Osborne Heights neighborhood. Why is that? He loves to talk about law suits and continually insinuates that the City is in big do do.

As Mr. Parrish continues to recycle the same old stories and opinion pieces with words like "it appears," "the court may require," "it seems," I wrote the following blog back in July 2009 and nothing has changed. Please read it Mr. Parrish...you too, Mr. Lang. Just keep raking up all those legal fees, Attorney Smith...just keep dragging this on for another year when the Commission might change in your favor once again.

Read the blog on the Sunset issue.