Usually, DCA finding the city's Comprehensive Plan in compliance would be good news...

...but these are not usual times.  Notice that the Department of Community Affairs (DCA) dismissed the Sunset property owners' petition, which challenged the change of land use designation back to the Palm Beach County one it had before being annexed into the city. This is not entirely surprising. From DCA's point of view, news of the original land use plan change for the property never happened.  That is because for some reason, the signed and sealed ordinance indicating a second reading had taken place, never made it up for DCA review.  Strange how things like that happen.

It is my understanding that the Bert J. Harris act claim on taking of the property's use and value is still on-going.  This even though the city commission believed and received certain assurances that the Bert J. Harris act claim would be unsuccessful.  At the retreat held recently by the City Commission, I understand Commissioner Jennings indicated that the city might need to find some money to buy the property from the current owners.  Quite a revelation this is.  As I have said before, one of the primary purposes of a planning and zoning board is to be cognizant of the legal and regulatory environment in which it operates.  Any decision or recommendation made by the Planning and Zoning Board carries multi-million dollar consequences.  It is interesting that if those on the Planning and Zoning Board, including me, had known that we had access to the city's checkbook, then our recommendation may have been different.  But we knew that was not an option and that we were there to protect the taxpaying residents and property owners of this city from shocking legal claims.

It seems that this Commission has not made protection of the taxpayers from shocking legal claims a priority since it is also considering paying the owner of the "Champion Tree" property. It prevented them from even applying to enter a process that would have allowed a reasonable use of the property.  I remember being at the City Commission meeting when they made their appeal.  After the City Commission denied the appeal, the attorney and property owner nearly skipped out of the chambers, bounding down the stairs of City Hall and giving each other high fives.  They knew then that the City had just guaranteed them a big payday.

But back to the Comprehensive Plan - this version that was found in compliance with DCA is the one that radically reduced the allowable height limitation in the city to two and three stories - 25 to 35 feet.  This draconian measure was billed as insuring Lake Worth remaining a "low rise city."  Timed right before an election, this was meant to be a wedge issue to identify pro versus no development types.  In reality, what the regulations amount to is a moratorium on redevelopment in the city of Lake Worth.

For those that feel aggrieved by this action, there is an opportunity to petition the DCA about their finding of compliance.  But, and I am waiting for confirmation on this, it has to be done within 21 days of the notice.  So time is of the essence if you want to assert your rights in this matter.

Otherwise, you will have to wait to the November election and choose candidates that understand the potential of their actions and the ramifications those decisions have for the future of the city and the betterment of its built environment.  Remember, many of our budget woes stem from a declining property tax base value.

You also must remember to vote "NO" on Amendment 4 so that we can retain the ability to change our Comprehensive Plans in the state of Florida based upon data and analysis and not by pandering to the emotional reactions of voters to what the big, bad developer "boogie man" will do if a change to a Comprehensive Plan is made.