The open space issue rages on
The Great Manufactured Open Space Controversy threatens to paralyze government in Boca Raton, with potentially damaging results. Last August, the Boca Raton City Council approved 327 East, a luxury downtown condo project. The vote of the council, acting as the Community Redevelopment Agency, was unanimous. Council members praised the developer for working with the city to improve the project, notably in how cars will enter and leave the nine-story-building at 327 East Royal Palm Road.
At 4 p.m. today, however, the CRA will hold a special meeting “for the purpose of receiving a director’s report regarding issuance of a foundation permit” for the project, according to the city’s news release. The CRA director is City Manager Leif Ahnell.
Didn’t the CRA/council sort this out six months ago? Didn’t Ignacio Diaz, co-owner of Boca-based Group P6, praise the collaboration between his company and city staff? What would be the problem now with a permit—and even a building permit? Why the special meeting, three days before a scheduled CRA meeting? Derek Vander Ploeg, the project’s architect, said, “It’s the first time this has happened.”
From what I can tell, the meeting is happening so the city can avoid a potential lawsuit.
To dig and prepare the foundation for 327 Royal Palm, Diaz told me, the company is using special equipment from overseas brought here through the Port of Miami. Diaz ordered the equipment based on the expected timetable for obtaining the permit. While the company waits for the permit, the equipment is idle. I heard that the equipment costs $3,000 per hour, a figure Diaz called “close.”
Group P6 applied for the permit in “mid-November,” Diaz said. About that time, city staff reported their supposed discovery of a 2003 staff memo about how to interpret rules for open space at downtown projects. At the Dec. 7 CRA meeting, the usual council critics came out with pitchforks, accusing the city of a vast conspiracy to undermine Ordinance 4035, which sets guidelines for the appearance of downtown projects. In response, the city set a vaguely worded pause on all projects and undertook a review of approvals since 1988, when the city created the ordinance. Caught in this political gridlock was the permit for 327 Royal Palm.
Ironically, the project itself is not controversial. The developer sought no variances. Susan Haynie noted that the 25 units on a half-acre zoned for multi-family residential is “low-density.” The company applied for the permit before the planning pause. The pause applies only to building permits, not foundation permits. Diaz said he has memos from the city affirming that 327 East Royal Palm exceeds the ground-to-sky open space requirement of Amendment 4035 “under whatever interpretation you apply.”
Yet the foundation permit didn’t come. “We needed the city to respond,” Diaz said. “We were incurring expenses.” So attorney Bonnie Miskel sent a letter that all but threatened litigation from Group P6 if the city didn’t issue the permit yesterday. “We are trying to avoid legal action,” Diaz said, “but (the permit) should be really easy.”
In normal times, sure. But not now, apparently. Councilman Robert Weinroth told me that CRA Chairman Scott Singer declined to schedule the special meeting. When that happened, Weinroth said, he, Mike Mullaugh and Jeremy Rodgers called the meeting. “It’s pretty ridiculous,” Weinroth said, “that we have to do this.” Indeed. For the moment, though, downtown permits are political. Weinroth believes that Ahnell will review the project and show it be in compliance with 4035 and ask the council for guidance. If that happens, the guidance should be for the city to issue the permit. Immediately. And to ignore anyone who shows up with a pitchfork.
Vander Ploeg was diplomatic, saying the council probably was acting “out of an abundance of caution” and “just to confirm some facts.” The mere fact of the meeting, however, shows that Boca Raton needs to resolve this manufactured crisis before the paralysis worsens. That may take some political courage, but it beats being on the losing side of a needless lawsuit.
Tempers flare at Delray commission meeting
City attorney politics flared up during Tuesday night’s Delray Beach City Commission meeting.
The flashpoint was the city’s hiring of outside attorney Jamie Cole to analyze Delray’s chances of withdrawing from the contract to operate and promote the annual pro tournament at the city’s tennis center. Commissioner Mitch Katz had told me previously that he couldn’t find any record showing a formal decision to hire Cole. Tuesday night, he raised it during commissioner comment. When Katz persisted in questioning City Attorney Noel Pfeffer, Mayor Cary Glickstein interjected to say that the decision predated Katz, who joined the commission last March. Glickstein said he found Katz’s focus on the issue “nauseating.”
Shelly Petrolia defended Katz—the two often have similar views on issues—against what she called a personal attack, though she didn’t address the point of his question. During Pfeffer’s review last summer, Petrolia said she didn’t “have the confidence” in the city attorney. Katz offered milder criticism of Pfeffer—for not keeping commissioners sufficiently informed. Glickstein and Jordana Jarjura have been Pfeffer’s strongest supporters. The mayor explained his irritation by saying of Katz, “You’ve asked your question three times,” and advising him to “pick your battles.” Jarjura added, “Once you’ve lost. . .” Al Jacquet was absent.
Commission opens door for more development in Ag Reserve
When it comes to helping Palm Beach County’s Agricultural Reserve Area, the county commission last week offered no help.
Indeed, the commission did even more harm that advocates of the reserve had feared. In a 5-2 vote that included Steven Abrams, the commission approved land-use changes that would allow commercial development on three properties whose owners had complained that they couldn’t make enough money on their agricultural operations. Their case always has been more rhetoric than reality, but the commission majority bought it.
Worse, the commission also waived for these properties —ranging from 11 acres to 15 acres—the requirement that developers preserve six acres for every four that are developed. The landowners had argued that their small properties made the rule unworkable.
If this was the only damaging vote in the 17 years since voters taxed themselves $100 million for a bond program to preserve farming, it might not matter. But it’s just the most recent, and more votes loom. When will the commission keep faith with the public?
Sober house legislation grinds on
The 2016 version of sober house legislation is moving in the Legislature, but it’s moving slowly.
Senate Bill 1138 and House Bill 823 would prohibit the ridiculous come-on marketing practices of some sober houses—free rent for the first month—and prevent owners from paying kickbacks to marketers. SB 1138 has passed one committee unanimously, but a second hearing is not scheduled. HB 823 is not scheduled for its first hearing.
About the Author
Randy Schultz was born in Hartford, Conn., and graduated from the University of Tennessee in 1974. He has lived in South Florida since then, and in Boca Raton since 1985. Schultz spent nearly 40 years in daily journalism at the Miami Herald and Palm Beach Post, most recently as editorial page editor at the Post. His wife, Shelley, is director of The Learning Network at Pine Crest School. His son, an attorney, and daughter-in-law and three grandchildren also live in Boca Raton. His daughter is a veterinarian who lives in Baltimore.
