By Angie Francalancia
Neighbors fighting a proposed downtown apartment complex won what looks to be only round one of a court fight over the Archstone development, as representatives of the city and the project position themselves for an appeal.
But even if the city didn’t challenge the ruling handed down in late October by the 15th Circuit Court that would require a referendum, voters might not get the outcome they expect, because it’s not a referendum on the project, Boca Raton Mayor Susan Whelchel said.
The city was awaiting word on its request for a rehearing from the judge - a request which is separate from that of the developer. At press time, the request still was pending. A status conference was scheduled for Dec. 11th.
The city can’t determine whether to appeal before a decision on the request for a rehearing.
Late last month, the city and the developer were discussing an appeal.
“I believe that both the city and the developer will appeal,” said attorney Charles Siemon, who represents Archstone. “I think the court erred when it held that the city’s provision was subject to a referendum. I think she read it wrong.”
Archstone is a mixed-use project of 378 apartments, including 25 town homes, and 13,500 square feet of retail planned for about 6 acres on East Palmetto Park, east of Northeast Third Avenue. It is one of several apartment projects Boca Raton has approved within the past year for the downtown area. Neighbors have fought the approval of Archstone, though, alleging that it’s the only one adjacent to a single-family neighborhood and that its small units would be marketed as workforce housing.
“The center of downtown Boca near the Intracoastal Bridge is not an area for the workforce community,” said Andrea O’Rourke, who opposes the project. She and others have formed a political action committee called BocaWatchPAC to fight Archstone.
About 200 supporters gathered early last month for a barbecue at Ellenville Garden Center, where the group’s website, saveboca.com, was unveiled.
Welchel said she believes the group is opposed to any development on the site and is misrepresenting what residents would win with a referendum.
“It’s not a thumbs up or thumbs down on Archstone,” she said. “It will be a referendum on the ability for Archstone to design under the interim guidelines,” for downtown, she said.
Those guidelines were the result of several years’ work with Urban Design Associates to help redevelop Boca Raton’s downtown. They would allow Archstone to build with less set-back from the street, but also require that the development be less boxy.
Earlier this year, the city voted to allow Archstone to use the guidelines — although not fully adopted — to develop the project. It’s that vote that the residents are challenging.
If the issues goes to referendum, and voters reject allowing Archstone to use the interim guidelines to develop, “they would need to set the building back five more feet,” Welchel said, “and they can’t put the balconies on because they’d jut into the setback.”
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