Neighbors of Palmetto Park Square clearly don’t like the owner’s first proposal for redeveloping the 23-acre retail complex just east of I-95 in Boca Raton.
But unless the city council acts, the neighbors might like the second proposal even less—and the council would be powerless to stop it.
During its July 22 workshop meeting, council members heard a presentation from attorneys for Atlanta-based Selig Enterprises on Commercial Industrial Multi-Family Development (CIMD.) The issue was whether the city should amend its code with an ordinance to allow “affordable housing in Motel-Business areas (Palmetto Park Square is one) abutting residential areas.”
To the east and especially to the north are single-family homes in the Country Club Village subdivision. Many of the homeowners came to the meeting not to discuss the proposed ordinance but to criticize Selig’s preliminary plan. It calls for 319 apartments—there is no residential now—and a revamping of the roughly 200,000 square feet of retail space.
The Publix on the north side of the plaza would move to the vacant Kmart site on the west side and become 70% bigger, making it the largest Publix in Florida. The retail strip on the east side would move to the center, on the other side of the apartments. According to Selig, the project would “retain a mix of local and national retail tenants.”
Neighbors, though, focused on the residential, notably the fact that it would be rental. Several speakers worried about “transients” lowering their property values. Citing state and city rules, Selig proposed that 48 of the units would be “affordable” and “workforce” housing. Some speakers implied that the residential would be just a step up from public housing.
Council members showed no interest in moving quickly on the desired ordinance. Councilman Marc Wigder said the hesitation stems from the fact that whatever the council adopts would apply not just to Palmetto Park Square but to similarly zoned properties, of which there are many on North Federal Highway.
Not long ago, the city faced a similar issue after moving too quickly on a proposal for an adult living facility (ALF) on property near Palmetto Park Square. The ordinance to allow it would have applied in other places. Denial of the proposal, which neighbors had strongly opposed, led to a lawsuit, which the developer withdrew.
But Selig attorney Michael Marshall disagreed with Wigder. He noted that Selig would have to apply for a land-use change to Planned Mobility, since Selig wants to make it a transit-oriented project. Not all properties might qualify. In addition, if the council disapproved, Marshall said, “They could just deny the land-use change.” He also said current rules already require greater setbacks for mixed-use projects next to single-family homes.
Neighbors clearly would prefer that the plaza remain what Wigder called “their community retail center.” They worry about increased traffic. But that Kmart space has been vacant for five years. Smaller retail spaces also are vacant. Just as clearly, Selig has bigger plans. And a state law could help them.
Under the 2023 Live Local Act, developers can bypass review by elected officials for certain mixed-use projects in which 40% of the residential units would be affordable housing. Legislators approved it to get around what they consider Not In My Backyard (NIMBY) opposition that they believe has helped to create the state’s affordable housing crisis.
Because Boca Raton is an affluent area, the 40% number is hard to meet when developers analyze a project. All Live Local applications within the city have been under the rule that requires just 10% of the units to be classified as affordable, which in Boca Raton is still comparatively pricey.
One option for Selig, if the council doesn’t create the desired ordinance, would be to add enough residential units to make the project profitable at 40% affordable housing. That could mean going from 319 units—or roughly 13 per acre—to more like 470 units – 20 per acre.
“I hope that doesn’t happen,” Marshall said. Of the July 22 meeting, he said, “It wasn’t a discussion” of the ordinance. “It was all about Palmetto Park Square. I’m sorry that it got hijacked like that.”
What happens now? Marshall said, “It’s up to the city.”
Delray Beach works on next year’s budget
For the moment, Delray Beach has a 2024-25 budget.
At Tuesday’s workshop meeting, city commissioners expressed support for City Manager Terrence Moore’s plan to meet the majority’s preferred property tax rate. It supposedly would freeze revenue at current levels. Mayor Tom Carney had said he wanted to give taxpayers a one-year break.
Commissioners also said they didn’t want any reduction of service. So, Moore used a combination of higher projected revenue and lower projected expenses to fill a gap of about $2 million and make the budget balance.
The city, Moore said, could expect at least $900,000 next year from the Federal Emergency Management Agency (FEMA) in reimbursement for hurricane responses. Additional money could come from fees to take art classes at Crest Theatre and from charging non-residents to use the city’s boat launch.
Moore shifted $200,000 in grants to non-profits from the city to the community redevelopment agency. He also forecast that leaving vacant staff positions open longer could save about $800,000 in salary costs. The commission must formally approve the budget next month.
Commissioners generally praised Moore and the staff for crafting the plan so quickly. Thomas Markert said, “This feels really good to me.” Carney said, “I have every confidence” that adhering to the budget will not affect services. He added that the city should seek more revenue by charging non-residents more for services, as Boca Raton does.
Rob Long, though, correctly cautioned that realities can trump forecasts. “I can see some budget amendments” coming next year. “I hope my colleagues are amenable.”
Carney-Boylston defamation suit settled
Speaking of Carney, he and former Commissioner Ryan Boylston have settled Carney’s defamation lawsuit against the man whom he defeated in March.
The lawsuit arose from a Boylston campaign communication citing a “second hit-and-run” involving Carney and a comment from the other driver alleging that Carney was “driving under the influence of alcohol.” Carney called the allegation false and defamatory.
Last week, a judge approved a settlement under which Carney and Boylston will pay their own attorney fees. Boylston cannot refile the lawsuit. Boylston told me Wednesday that he wrote Carney “a letter of apology.”
Tomey lawsuit hearing set
Speaking of lawsuits and Delray Beach, a state judge has set a hearing for Sept. 16 on the city’s motion to dismiss former Fire Chief Keith Tomey’s lawsuit.
Moore fired Tomey on May 1, citing several policy violations. Tomey claimed that he was fired for reporting sexual harassment of him by Moore. An independent investigation found no evidence to support that claim.
Boca Bash criminal case status check canceled
Today’s status check in the criminal case stemming from the 2022 Boca Bash was cancelled. Instead, the judge will hold a hearing Aug. 30 on the defense’s broad request to restrict what prosecutors can use as evidence.
Cole Preston Goldberg faces two counts related to his alleged attempt to strangle his girlfriend. According to the defense motion, Goldberg wants to exclude testimony about the girlfriend “filing for or obtaining an injunction” against him. The motion calls that information “prejudicial.”
The defense team also wants to prevent the state from “referencing, introducing or eliciting any evidence of prior bad acts of the Defendant.” And Goldberg wants to exclude testimony from “any witness” saying that Goldberg “attempted to drown or attempted to murder” his girlfriend.
I’ll have more after the hearing.
