article for UCO Reporter

THE CHALLENGE TO REDEVELOPMENT OF THE GOLF COURSE

[as of November 4, 2013]

As you all may know by now, Fairways LLC filed an application for Century Village’s Development Order Abandonment to remove the golf course from Plat #14 and rezoning the subject property and approving redevelopment of the golf course for commercial uses and multi-family dwelling units.

On January 26, 2012, the Palm Beach Board of County Commissioners conducted a public hearing and “deadlocked” when a motion to approve the applications failed 3-3.

At a second public hearing, on October 25, 2012, the Palm Beach Board of County Commissioners once again “deadlocked” 3-3 and failed to receive a majority vote required to approve the applications.

At yet a third hearing, held on January 24, 2013 the Palm Beach Board of County Commissioners again for a third time “deadlocked” 3-3 and  failed to receive a majority vote to approve the applications.

After an intense lobbying effort by Fairways LLC, including a letter to use only trade union labor during redevelopment, on February 28, 2013, a slim one vote majority (4-3) of the Palm Beach Board of County Commissioners, voted to approve both the removal of the golf course (which was to be a golf course “in perpetuity”) from Plat #14 and rezone the golf course for commercial uses and multi-family dwelling units.

On March 28, 2013, a challenge to Palm Beach County’s approval of Fairways, LLC conversion of the Century Village golf course was filed in the Circuit Court. The case was assigned to Judge Brunson. 

Fairways LLC and Palm Beach County then filed a motion to dismiss the case. Judge Brunson heard the motion and issued an order on May 17, 2013 requiring petitioners to amend the challenge to seek judicial review as an appeal.

The appeal was filed on June 5, 2013. On August 13th, the challenge was assigned to a three judge appellate panel of the Circuit Court.  Instead of 1 judge, the challenge will now be considered by a panel of 3 judges. 

As requested by the Court, the County approvals were filed with the court to review and consider, along with the Board of County Commissioners transcripts. The Court reviewed the petition and exhibits for sufficiency.

On September 13^th issued an Order to Show Cause within 30 days why the approval should not be reversed to Palm Beach County and Fairways. 

On October 10, Fairways and the County asked for a 30 day extension of time until November 14th to file a Response.

The challengers will then have 20 days to file a Reply.

The three judge panel will then either rule based on the written filings or request that counsel appear for oral argument in order to answer any questions the judges may have during oral arguments.

Ralf Brookes, Attorney for the Plaintiffs

[Note:  The lawsuit was originally filed in the Circuit Court for the Fifteenth Judicial Circuit by Plaintiffs Southampton “C” Condominium Association, Philip & Barbara Shapkin, Franklin & Virginia Veglia and Sylvia Gerson vs. Defendants Fairways LLC and Palm Beach County.]

Letter to Palm Beach Post 6/26/13

Following is the complete letter submitted to the Letter to the Editors of the Palm Beach Post..  They changed the title to "encroaching fences latest slap to seniors"  They also omitted a few paragraphs but it is still providing the message.

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Subject: Letters to the Editor - Commissioners improper vote cause trauma to Century Village Residents

A recent vote by 4 County Commissioners to approve a residential/commercial development on the closed Golf Course adjoining Century Village West Palm Beach, has caused tremendous trauma to the Senior residents who are now subjected to a temporary construction fence which in some places is so close to their back doors and patios. The fencing seems to be encroaching on property that the buildings have been maintaining for over 40 years.

The residents have been told over the years that the Golf Course property line was 25 feet from their Century Village buildings. Now these buildings are being invaded by 6ft. high wire fencing which is much closer to their building than 25 ft., in some cases only 3 ft. from their buildings.

Currently there is litigation by several Century Village Residents against the County and the owners of the Golf Course asking the Courts to uphold a document that has been filed with the County for over 40 years which states in effect that the property in question must remain a Golf Course “IN PERPETUITY”.

We assume that the County Planning and Zoning departments will recognize the improper placement of this fencing and the negative impact it is causing to the Senior residents of Century Village.

The insensitivity of the owners of the property and the 4 County Commissioners in allowing this situation to infringe on the wellbeing of Seniors who now look out their windows and doors to see wire fencing so close to them rather than open spaces or the Golf Course who they believed would always be there is beyond comprehension. We wonder how this vote was allowed to happen, perhaps that is why many residents of Palm Beach County feel they are still living in CORRUPTION COUNTY.   

We were told by County Zoning that the various Building Associations that are adjacent to the Golf Course property would be notified 2 to 3 days prior to installation of the fencing,  however no association was notified. Who is the County working for… The Residents or the owner of the property? CORRUPTION COUNTY AT WORK AGAIN?

We have asked the County Inspectors to verify the accuracy of the survey conducted by the owner of the property. But so far the fencing seems to be completed and we have not heard a decision on that.

In many countries Seniors are revered but that does not seem to be part of Palm Beach County’s culture. They seem to be intent on destroying a Senior development that has had a peaceful lifestyle for over 40 years here in Century Village. That is not progress, that is destruction !

Shelly Kalef and Honey Sager

Century Village, West Palm Beach