Settlement reached
Since March 2013, the Delray Beach City Commission has regarded Atlantic Crossing as the ugly couch it inherited and had to keep.
No one remains from the commission that approved the project in December 2012. Most residents who spoke at that meeting opposed Atlantic Crossing—which began as Atlantic Plaza II—even after the developer reduced the number of residential units and added more parking spaces than code required. The commission approved conditional uses that raised the height from 48 feet to 60 feet and the density from 30 units per acre to 43 units per acre.
Even if some in the community hoped that delay might kill Atlantic Crossing, however, commission sentiment correctly has been to make the project as compatible as possible. Last week, that approach resulted in the commission approving a settlement of the lawsuit Edwards Companies filed nearly two years ago, seeking $40 million in damages for the city’s alleged refusal to issue permits.
In an email, Mayor Cary Glickstein noted his roughly decade-long involvement with Atlantic Crossing—six years as a member of the planning and zoning board and four-plus years as an elected official. He called the settlement “significant,” citing the importance of the location—the two blocks west of Veterans Park.
Commissioner Jim Chard said the city approved the demolition permit because vagrants had been sleeping in the abandoned buildings. “The tortured process we all endured and the unnecessary litigation have been major distractions,” Glickstein said, to shaping downtown Delray.
From the city’s standpoint, the project will go back before the site plan review and appearance board, incorporating changes in the settlement. Among those are an access road from Federal Highway—Northeast Sixth Avenue. The planning and zoning board also must approve the new plan. That should take several months, after which there’s a 30-day period for appeals. Given the settlement agreement, Glickstein anticipates no “material, proposal-altering advisory board issues.”
The question then would become whether Atlantic Crossing gets built. “Approvals are one thing,” said Glickstein, a developer himself. “Financing, end-user demands and execution of such a complex and unusual project are another, so I question whether we have seen the last chapter on what the project will ultimately be.”
Chard believes that Edwards’ decision to accept the settlement is “a serious, sincere effort to move forward,” rather than an attempt to secure approvals and then flip the project. “I hope I’m not proved to be overly optimistic.”
In a statement, Edwards Chief Operating Officer Dean Kissos expressed similar sentiment: “While reaching a settlement has been challenging, we’re eager to work with the city to get Atlantic Crossing underway, and finally bring the east end of Atlantic Avenue to life.
“As a private investment of more than $200 million, Atlantic Crossing will deliver hundreds of jobs, millions in annual tax revenues for the city, and a high quality destination to anchor downtown’s east end. We’re excited to get the ball rolling and to work with the city to obtain final approvals as soon as possible. We look forward to having the settlement become final, enabling us to dismiss the state and federal lawsuits, assuming there are no third-party challenges to the agreement.”
Chard welcomes the Class A office space Atlantic Crossing would bring, though he worries about the “viability” of the retail portion and believes that the added restaurant/bar space “extends our dependence on the hospitality industry.”
Completion of Atlantic Crossing would bring issues related to bridge openings and potential flooding of the underground garage, but Chard supported the settlement “because it’s time,” even if “we aren’t going to make everyone happy.” And perhaps one day that old couch could look better than any of the critics imagined.
Midtown traffic unreviewed
The staff report on Midtown for Thursday’s Boca Raton Planning and Zoning Board meeting has this headline: The staff hasn’t reviewed the traffic analysis that supports the application for 2,500 residential units.
According to the report, the city got the revised analysis last Wednesday, during the week of Passover and Easter. The report also cites “discrepancies” between the analysis and the number of units proposed. I’m told that attorneys for the GrayRobinson law firm and Midtown representatives will meet today with Deputy City Manager George Brown and Traffic Engineer Maria Tejera, the meeting delayed by vacation schedules.
If city review isn’t complete by Thursday, that will be a problem for the planning and zoning board. The main issue with Midtown is traffic. The staff report now comes with no recommendation for the board, which is supposed to make its own recommendation to the city council.
Before the board are three rezoning proposals for Midtown, the area south of Glades Road from Town Center Mall to Boca Center. The four major property owners, led by Crocker Partners, want to make Midtown an urban, mini-neighborhood for people who work in the area or live there and take public transit to their jobs. The designation would be Planned Mobility Development.
A set of proposals went to the planning and zoning board in December, but the board took no action. Though the new proposals contain changes made after meetings with residents of adjoining neighborhoods, the proposals still call for 2,500 residential units: 1,850 east of Butts Road and 650 around the mall. The owners estimate that the units would result in 4,000 new residents, whom staff estimates would require nearly $5 million a year in city services after the expected 10-year build out.
Many more units would be in the east because the plan envisions a Tri-Rail station north of Boca Center. Having it would allow Crocker and the other two eastern property owners to have more density with less parking because, in theory, so many people would use Tri-Rail. The city could approve up to the first 1,300 units once Tri-Rail has “committed to” building the station. The staff would prefer that the station first be under construction.
But there appears to be wiggle room. Midtown gets those 2,500 units without a Tri-Rail station if development “otherwise demonstrates compliance” with Palm Beach County’s traffic performance standards. Expect board members to have questions about that comment.
Here are some other aspects of the proposals:
- Buildings could be no taller than 145 feet, which is the height of the current tallest building.
- The internal shuttle would be privately financed. The staff wants its schedule to align with employer hours, not just Tri-Rail’s schedule.
- Staff members believe that the proposals would not violate the city’s comprehensive plan.
- The open space requirement for projects would be 20 percent. In the northwest planned mobility development, the requirement is 25 percent. The property owners defend the lower number by saying that Midtown would be more urban.
- The minimum size of a residential unit would be 500 square feet. Units in a building would have to average at least 700 square feet.
Between now and Thursday, I would expect a lot of phone calls between city administrators and those seeking these changes for Midtown. The proposals are complicated enough. The discussion will be long. Without more information on traffic, Thursday’s meeting could be longer and, worse, unproductive.
Tri-Rail update
Even without the second station, Tri-Rail is a big deal in Boca Raton because the Yamato Road station is the busiest on the line. Before the legislative session, Tri-Rail annoyed some in Tallahassee by awarding a full-service contract after disqualifying all bidders except one. Gov. Rick Scott included no money for Tri-Rail in his budget.
Palm Beach County Commissioner Steven Abrams is vice-chairman of the South Florida Regional Transit Authority, which oversees Tri-Rail. He told me last week that there is a compromise. Tri-Rail would get its roughly $40 million for 2017-18 and agree to state review of contracts. Since the new contract could last seven years, that agreement would be mostly symbolic.
If that compromise holds, Tri-Rail can worry about what the South Florida Sun Sentinel reported Sunday is another problem – declining ridership.
Last call on the line
Another Midtown-related issue comes before the Boca Raton City Council at its regular meeting Wednesday night.
The council will hold a hearing on Mayor Susan Haynie’s proposed ordinance that would end alcohol sales at 2 a.m. That’s the citywide closing time, but Blue Martini at the mall and Nippers on Federal Highway were allowed to serve booze until 5 a.m. because the city annexed Midtown from the county, which allows alcohol sales until 5 a.m.
Via Verde residents complain that Blue Martini is too noisy. Blue Martini’s owners have spent much time complaining about the proposal and much less time suggesting ways to be a better neighbor. In a small way, approval of the ordinance could ease concerns within Via Verde about the larger proposals for Midtown.
Since the city has allowed the later closings for almost 15 years, there might be a legal problem with the ordinance. City Attorney Diana Grub Frieser offers no opinion on the ordinance, which states that the council “now desires, for the public health, safety, welfare and convenience,” to no longer allow the later closings. Blue Martin and Nippers would have 120 days to comply.
Council Scott Singer told me Monday, “I look forward to a public discussion about what’s most appropriate to provide for the benefit of the residents of our community. It is often true that every new beginning comes from some other beginning’s end.”
Councilman Robert Weinroth told me that he had just met with Blue Martin and Nippers representatives, who want a delay because Wednesday’s meeting comes after the week of Passover and Easter. Weinroth said a representative will make that request at today’s council workshop meeting, and that he would support it. He worries that approval of the ordinance could prompt a lawsuit, and thus prolong any final resolution. Weinroth, however, also raised with the representatives the persistent noise issues at Blue Martini.
Haynie told me Monday that she would not support a delay, adding that she discussed with Frieser the possibility of litigation. Frieser then recommended the 120-day deadline, which Haynie said is “subject to change.” She expects that Police Chief Dan Alexander—as he did when the council debated extending closing time for Jazziz—will discuss “all the bad things that happen after 2 a.m.” and support the ordinance.
Death at Mizner
On Monday, Boca Raton police identified the body of a young man found behind Truluck’s Restaurant in Mizner Park early Saturday morning. Detectives said 18-year-old Shayan Mortazavi, a Lynn University student, had injuries “consistent with a fall.” Anyone with information should call Boca Raton Police Detective Tim Kurdys at 561/338-1377 or Palm Beach County Crime Stoppers at 800/458-TIPS.
Caring Kitchen move
At its workshop meeting today, the Delray Beach City Commission will try to generate movement on a project that has stalled.
The city would like to move Caring Kitchen, the hot meal program that CROS Ministries operates in the northwest neighborhood near Atlantic Avenue. The preferred site had been Delray Beach’s old train depot at Atlantic Avenue and Interstate 95.
Such a move, however, would require money to first rehab the depot and then add a kitchen. Commissioner Jim Chard estimates that combined cost would be at least $1.5 million and probably more. CROS Ministries likely couldn’t raise anything close to that. There’s been no progress for nearly two years.
Chard took an interest in the depot before being elected in March. He pushed for discussion of the issue and hopes to find “a creative solution” that could involve selling the city land Caring Kitchen uses. “I’m not sure we can bring it off,” Chard told me. Any idea, however, clearly beats the status quo.
Christine Braswell services
The funeral for Christine Braswell, the Delray Beach police officer who was killed April 9 in Key West, will take place at 3 p.m. Sunday at Atlantic High School.
Braswell spent 12 years with the department, becoming a sniper on the SWAT team and a mentor to aspiring officers. Bernenda Marc, who was injured, has been released from the hospital. A car driven by a 31-year-old Monroe County woman struck the motor scooter on which Officers Braswell and Marc were riding. No charges have been filed, but the police report strongly suggests that the driver was under the influence of alcohol and/or drugs.
Delray: All-American again?
I reported recently that Delray Beach was under consideration as a finalist for what would be its third All-America City designation. The city received notice last week that it is a finalist for 2017 awards.
In mid-June, Delray’s delegation will travel to Denver to make a presentation about how the city has worked to “achieve measureable progress” in bringing at-risk public school students up to grade level on reading. That is the criterion on which judges will base the award.
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The general traffic study for Midtown is irrelevant because each project must provide a site specific traffic study. 2500 is a Cap its not a development parameter, there can only be enough units that traffic can sustain and the traffic issues can be fixed with substantial off site roadway improvements project by project. A LOT can be done to alleviate traffic.
Atlantic Crossing is the fruit of Delray’s labor in revitalizing downtown. It’s appalling how long it has been without a single shovel in the ground. Mizner Park didn’t even take five years from conception to opening, and it was the other way around with downtown revitalization. The lawsuit, constant delays, and required reviews are a conspiracy created by certain city leaders either shilling for the CAVE minority electorate or displaying absolute incompetence, to keep anything from happening until hope Edwards Companies abandons the development or another recession strikes. The remainder of these clowns need to resign or be voted out next election. Recall the time mayor Dancieu was held accountable over the Mizner Park land fiasco. We can only hope Glickenstein will if the deal goes bad.
Most potential increases in traffic would be offset by the I-95 Interchange at Spanish River Boulevard, improvements at Palmetto Park Road and Glades Road, and of course new Tri-Rail station with circulator and better pedestrian connectivity. Funny, people who complain about traffic are usually traveling at thirty-something miles on Military Trail and have a New Jersey licence plate.
Using the former Seaboard Air Line Railway Station as a soup kitchen is an awful idea. The area is seeing new development like Depot Square, transforming its industrial character into a transit corridor, and the last thing needed is homeless people congregating around the tracks and new residences. If only Tri-Rail and Amtrak weren’t moved south, because a trolley could run between the depot and proposed Coastal Link station as a transfer point, and have stops along West Atlantic and around downtown.