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D&V R.'s avatar

The city is breaking the law with the police shooting range or any "building" on land dedicated for park purposes. These lands are not surplus land, they are dedicated to the city as dedicated requirements under law.

The property in question, along with many other "future park sites" were explicitly protected and cataloged as park property when the city acquired it. The city's internal asset and property logs confirm that the land was restricted from the moment of transfer.

When the surrounding residential plots (such as Golfview Harbour) were mapped out, the original developers transferred the underlying title of the 7.75-acre parcel directly to the City of Boynton Beach as part of the Developer Dedication requirement. The deed and recorded subdivision plat explicitly designated this parcel under a "Park" use restriction. (In the Recreation and Parks Department Facility Guide and previous documents it is called "FPL Future Park Site". The wooded area was preserved with the expectation that it would eventually be developed into a passive neighborhood park or green space.) This legal step ensured the land was held in a public trust to benefit the community, meaning the city did not purchase it as general corporate property to use or sell freely.

The city did not zone the property for commercial or municipal utility operations. Instead, it was formally added to the Boynton Beach Property Asset Log under its strict "Park" classification. The city intentionally left the land in its raw, heavily wooded state, creating a natural acoustic buffer zone to protect the adjacent homes from the noise of I95 and the nearby train tracks. Upon acquisition it was "land banked".

Why this is a Core Legal Issue???

Because the property has carried this "Park" protection since day one, city staff could not quietly hand it over to the police department for development. Attempting to build an active tactical facility on land explicitly acquired and designated for a public park is why this is not legal.

A property designated for a future park cannot legally be used for another purpose—like a police shooting range—without undergoing a highly regulated, multi-step municipal conversion process. The fact that it had this designation is exactly why the Boynton Beach Police Department could not just clear the land and begin construction. To change the use of the property, the city must navigate several legal mechanisms:

1. Comprehensive Plan Amendments-- Every city in Florida is bound by a legally mandated Comprehensive Plan, which acts as a 20-year blueprint mapping out exact land use (e.g., Residential, Industrial, Recreation/Park). Because this parcel is 10 acres or fewer (7.75 acres), the city would have to file a Small-Scale Future Land Use Amendment to legally convert the classification from "Recreational/Park" to a municipal or public institutional use designation.

2. Mandatory Public Hearings-- The city cannot change its land use map behind closed doors. Florida law (Chapter 163, Florida Statutes) requires the city to advertise and hold quasi-judicial public hearings before the local planning board and the City Commission.

3. De-Authorization and Rezoning-- Even if a Future Land Use map is amended, a separate Rezoning Ordinance must pass. The city would have to officially change the site's zoning district rules to permit high-impact municipal facilities, proving that the change would not negatively affect the safety, noise levels, and environmental health of neighboring residential zones.

4. Legal Protections and Dedications-- The property has already been formally dedicated to the public as parkland through a recorded plat or property deed. Under Florida common law, property explicitly dedicated to public use cannot be easily stripped away or reallocated for non-park uses without the public's consent or a grueling legislative abandonment process.

*The city must halt the project entirely.*

In addition, the city manager is retired from the police department and seems to invest a great deal of his interest only in police related activities. The city is much more than the police department and us citizens deserve to have the benefit of the city as a whole addressed, not special interest.

*Upon acquisition, the city did not zone the property for commercial or municipal utility operations. Instead, it was formally added to the

Boynton Beach Property Asset Log under its strict "Park" classification.

Here is the link-- Boynton Beach Property Asset Log

https://www.boynton-beach.org/DocumentCenter/View/522/Vacant-Lots-in-Boynton-Beach?bidId=

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