Florida real estate seems to be making a solid recovery. That is good news.
    At the same time, large-scale developers see investment opportunities in our coastal communities and are seeking more height and density in new multifamily and mixed-use projects than current rules allow.
    Municipalities that are still rebuilding their property tax base are understandably eager to see real growth.
    In Delray Beach, for example, all five of the major downtown projects recently approved, or obtaining approvals, have asked for twice or more the number of residential units per acre than called for in the city’s comprehensive plan. The result is a downtown that may be growing far faster than the infrastructure can accommodate and, worse, running the risk of forever losing the charm and scale of a “Village by the Sea.”
    How can residents play an effective role in reining in overdevelopment?
    The news is not good. Our state elected officials and legal system have stacked the cards against residents’ input.
    The Florida Department of Community Affairs (the state’s “umpire” in major contested development projects) was essentially disbanded several years ago, and the state Legislature has banned the right of voters to call for a referendum on disputed development decisions.
    New rules also require that lawsuits opposing a development order be filed within 30 days of commission approval — an almost impossible task for all but well-funded and experienced groups.
    And finally, when opponents file a strong lawsuit, developers will often countersue and demand damages from plaintiffs and their attorneys.
    All of this leads to an inevitable conclusion: The court of public opinion is where the game must be played.
    Caring residents need to be involved in local development projects very early in the game. They need to understand how the project fits into their hometown’s comprehensive plan, and to hold review boards and commissions accountable for inconsistencies. They need to speak directly with their commissioners, and to use the precious three minutes allowed for public comment in quasi-judicial hearings effectively.
    Commissions do listen to, and learn from, their constituents.
    Enlightened developers are also willing to listen to citizen groups, not just for window dressing, but in an honest attempt to make their projects compatible with neighborhood goals.
    The Florida Coalition for Preservation has worked with numerous citizen groups on complex development projects during the past half-dozen years. We have seen some change for the better when commissions take the time to listen before acting on controversial projects. The best decisions are made with the support of local residents.

Bob Ganger, Chairman,
Florida Coalition for Preservation

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