At press time, Atlantic Plaza II was scheduled to come back to City Commission on Dec. 4.
    The commission can either approve or deny the developer’s conditional use request to allow for building heights approaching 60 feet and a density of about 51 residential units per acre.
    If the request is denied, “the matter is settled and the file is closed,” according to Delray Beach senior planner Scott Pape.
    The developer does, however, have options, including to scale back the mixed-use project to a residential density and building height that does not require conditional use approval, Pape wrote in e-mailed comments.
    While the developer has options, the City Commission’s decision cannot be appealed within the municipal body. The only recourse to the commission’s decision is through the judicial system, according to the planner.                            

— Margie Plunkett

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