We are pleased to present the thoughts of our Mayor on the issue of development in Delray. We endorse his thoughts on this important issue.

From the Mayor's Desk
Mayor Jeff Perlman
January 23, 2006

Random thoughts…

I spent most of last week recuperating from a respiratory illness that made me feel like I had been hit by a freight train.

So I missed the excitement of last week's commission meeting which featured singing and protests from a variety of groups. The topic du jour was Worthing Place, a subject that has been debated since 1999 when the CRA issued requests for proposals to build what at that time would have been the first downtown mixed-use project. When the Commission voted 4-1 six years ago to approve the project, I was a candidate for office.

Worthing Place split the community into two distinct camps: those who felt the project would jumpstart a moribund downtown and those who were concerned that the project was too big. I deliberately did not take a position on the controversial project because I had hoped that I would have the opportunity to mediate the dispute. I hoped my neutral position would lend me the credibility to intercede on what I knew would be a long and costly lawsuit over the project. In truth, I did see the merits of both sides. I was concerned over Worthing Place's size; but I also believe in the need for downtown housing in order to build and sustain a viable downtown.

In 2001-02, I was given the opportunity to mediate the dispute. The developers and the litigant Dharma Properties, both felt comfortable with me because I had not taken a position on Worthing Place. We held many talks, with me shuttling between sides in an effort to break the legal logjam. The effort culminated in a marathon negotiation session between the parties at Old School Square.

I could write a book about that day. But we all signed confidentiality agreements and I cannot share with you the sum and substance of what occurred. Suffice it to say that we came very close. But we couldn't cross the finish line. Both the height and the density of the project were actively negotiated. I had hoped for a reduction in both and the inclusion of a public parking garage, which the developers had promised. But shortly after the talks fell apart, the developers won their final court battle. And hence any desire to negotiate further was lost. However, a separate structure that is part of the complex serves as a public parking garage with 101 parking spaces.

As a result, what the commission was deciding last week, was not the merits of the project or its approval--the developers already won that vote six years ago -- before all but Pat Archer was on the commission. What they were deciding was an extension on construction dates, which our legal and planning staff advised the commission to grant.

The division over the Worthing Place project was what spurred me and others to suggest that the city and its citizens draft a downtown master plan. When I was elected in March 2000, I went to my friend David Harris at the MacArthur Foundation to seek funding for the plan. MacArthur agreed and suggested that we incorporate the neighborhoods north and south of West Atlantic Avenue into our planning process.

The master plan was a citizen driven initiative that attracted the input of hundreds and hundreds of residents during a series of charettes, design studio meetings, public hearings and public meetings that took place over more than a year's time.

A Citizen's Steering Committee, which I co-chaired, was appointed to solicit input and to spread the word about the plan. We contracted with the Treasure Regional Planning Council who brought planners, designers, architects and experts in traffic and economics to Delray to work with our residents on a vision for our downtown. The Master Plan has won statewide and international recognition for its inclusive process and its smart growth principles.

Among the many elements of the plan were calls to create a "gateway" feature at I-95 to signal your arrival in a special place, design guidelines that have effectively minimized the impact of height and cut massing of buildings by an estimated 30 percent and suggestions that ranged from adding public art and open space downtown to opening up the one-way pairs to promote better traffic circulation. The plan also looked at parking and retail demand with a goal of creating a sustainable downtown.

One of the most important and indeed historic concepts of the plan was the decision to change the very geographic boundaries of our downtown. Historically, downtown Delray was thought of as Swinton Avenue east to A1A. The Downtown Master Plan changed that and now everything east of I-95 to the ocean is considered our downtown. The plan also codified many long term desires that had been expressed by residents who have been working to revitalize Delray Beach since 1984 when Mayor Doak Campbell formed an Atlantic Avenue Task Force to save downtown from an ill-advised Department of Transportation threat to widen Atlantic Avenue into a highway to speed people through downtown to the beach.

The desire for downtown housing has been around for close to 30 years. Experts and common sense tells us that in order to build a safe, sustainable downtown with a year-round economy you need to have people living, working and playing downtown.

The City Commission has the difficult job of balancing property rights with the community's desire to maintain the charm and character of Delray Beach. The Downtown Master Plan is our growth management document.

In recent weeks, there are those who are calling for the plan to be discarded. But even if it went away, we still have zoning that has been in place for decades to deal with. I have been deeply concerned about the amount of misinformation that has been making the rounds. One of the biggest misconceptions surrounds the concept of conditional use. Many confuse conditional use requests with variances. There is a big difference.

The City Commission has never issued a variance (which is required when a builder wants to exceed the rules) for height or density. Another misconception in Delray concerns our height limits: It is and has been 60 feet for decades. Prior to that it was much higher which is why we see huge buildings along our beach including Seagate Towers and Barr Terrace. Those buildings could not be built today.

Under our land development regulations-- the code that our city commission needs to abide by-- in certain areas of our city, property owners are vested with height limits of 48 feet. If they meet certain conditions (hence the term conditional use) they may go to 60 feet. This City Commission has actually tightened those rules by eliminating a huge swath of our downtown from the 60 foot limit. We have created a 150 foot buffer from residential and historic neighborhoods where 60 feet cannot even be contemplated.

The design guidelines, which were first adopted in 2004, have yet to produce a single project. Everything you see downtown was done prior to the design guidelines. Everything you see from here on out will be subject to the guidelines. We believe the guidelines will make a major difference. But they must be given a chance to work.

The Commission listened closely to residents who were concerned about height and buildings that go straight up, so we adopted guidelines that require buildings to be "set back" and tiered as they go up in what is commonly called a "wedding cake" effect. As a result, in many instances, the top floor of buildings will be barely visible to pedestrians because of the "wedding cake " step backs. The design guidelines also ensure that we'll see better architecture, with ins and outs, design treatments and other aesthetic improvements. As I mentioned earlier, we estimate that the design guidelines will cut the "massing" of buildings by 30 percent or more. That is tremendously significant.

There has been a call from some in town to further reduce the height limits in our city. We believe that reducing heights further will trigger litigation by property owners under the Bert Harris Act. The Bert Harris Act is a law that protects property owners from "downzonings" by local governments. If property owners sue under Bert Harris, cities and their taxpayers can be liable for millions in damages if a court rules that a property's value has been diminished by local zoning or ordinances. There is no sovereign immunity to protect local cities under Bert Harris.

A good example how the act can hurt cities happened just north of us in West Palm Beach, which had 15 story height limits lowered to five stories by voter initiative a few years back. A property owner sued the City of West Palm Beach under Bert Harris and won. Claims in these kinds of cases can run into millions and millions of dollars.

The long and short of this is simple, I do not believe that you can legally stop growth, but I strongly believe you can manage it. And I believe that through our master plan, height limits and design guidelines, Delray Beach manages growth as well as anyone. Just look around this is a great city.

To our north, Boynton Beach allows 150 foot buildings and to our south Boca Raton allows 100 foot buildings. Delray Beach is different and it's unique and we must strive to protect and ensure its future.

In the wake of the Atlantic Plaza controversy, I have asked the Treasure Coast Regional Planning Council, to come back to Delray and re-engage our residents on issues such as height, design, density, traffic, parking, historic preservation, economic sustainability etc. We are also asking the planning council to advise us on three key areas of the city: Atlantic Plaza, the Hotel Vista Del Mar (a proposed hotel on A1A that was rejected by the commission because we believed it was incompatible and too big), and South Swinton Avenue which is facing development pressure.

This City Commission has strengthened zoning in our Old School Square Historic Arts District, embraced and adopted design guidelines for residential neighborhoods near the beach, adopted strong guidelines for our historic districts and adopted a downtown master plan and southwest neighborhood plan that calls for development without displacement (i.e. no eminent domain for homesteaded properties). We have worked to be responsible and responsive to every concern we have heard voiced with a slew of growth management policies that in many cases have pushed the envelope. But we cannot operate outside the confines of the law and we cannot risk the city's strong financial health by creating rules that will be sure to trigger lawsuits that the city will not be able to defend successfully.

For the past 20 years, through various mayors and commission's, the residents and business owners of Delray Beach have worked well together to create a city that we all love and feel passionate about.

I remember when Federal Highway was known for its adult bookstore, prostitutes, junk yards and grime. There was nothing charming or village like about those uses.

I remember when downtown Delray was plagued by high vacancy rates and was known as "Dull Ray."

I remember when you had to drive to Boca or Boynton to eat or shop.

I remember when our property values were stagnant or declining.

Through teamwork, vision and strong leadership Delray Beach has become the jewel of Palm Beach County, a city that is envied and known across the nation for its renaissance, quality of life and innovative solutions.

One of our biggest issues today, is the lack of workforce housing. But true to form, we have created a workforce housing ordinance and embarked on many projects, including the county's first land trust that has put "Delray (is) in the forefront" of affordable housing efforts in the region, according to the Sun-Sentinel.

Are we a perfect city? Hardly.

Have we changed? Yes.

But I don't know of any other place I'd rather live and I hear that from people who fall on both sides of the growth debate. We all love and cherish Delray Beach.

As always, I am open to suggestions regarding growth management in our city.

I have had a six year dialogue with many residents of our community around this issue.

Recently, we have discussed an Atlantic Avenue overlay district to protect that street and staff is working on changes that will add affordability to projects that seek additional density. I plan to be in touch shortly with the National Trust for Historic Preservation to get their independent assessment of our redevelopment efforts and suggestions on how to best protect Atlantic Avenue and our historic districts. Still, any changes must protect the city from litigation and respect private property rights which are an important part of our American heritage.

I remain proud of Delray's vibrancy and welcome the debate because it shows how much we all love our town.

As always, if you have any thoughts, please write me at mayor@mydelraybeach.com