By Dan Moffett
Outgunned and outspent in the courts, six Delray Beach residents dropped their lawsuit against the developer of the Atlantic Crossing project, saying the fight had become too much.
“This was a monetary Goliath,” said Benita Goldstein, who gave up on the legal case and left the original group of opponents months ago. “We really couldn’t go up against them. I saw this coming and that’s why I pulled out.”
The suit had claimed that city commissioners were wrong in December when they gave conditional-use approval to a project that exceeded the height and density limits of the downtown master plan. The developer, Ohio-based Edwards Companies in a joint venture with Rexall founder Carl De Santis, countersued, charging the residents’ objections were frivolous and challenging their legal standing in the case.
“The plaintiffs had grown concerned that it had gotten to a point where it was going to start hurting them personally,” said Bob Ganger of the Florida Coalition for Preservation. “They were going to start filming depositions. The inconvenience and expense of legal fees was going to be too much.”
Project manager Don DeVere said four architectural companies have spent six months redesigning the project and trying to allay opponents’ concerns that it was incompatible with Delray’s “Village by the Sea” principles. The latest iteration of the plan, sent to the city in June, eliminated truck traffic from Atlantic Avenue and reduced the unit density by about 20 percent over the 9-acre footprint.
“We’re pleased that the suit is resolved and we can move forward amicably,” DeVere said. “We’ve listened to and incorporated many changes suggested by people throughout the community — including plaintiffs — as our plans have continued to evolve.”
The idea behind the new design is to use six architectural styles to create the appearance that the street grew organically and evolved. Parts of the $200 million project will feature Mediterranean design — parts Art Deco, modern or more traditional Florida architecture.
“We challenged our design team to return to the drawing board to capture Delray’s authentic look and feel,” said Jeff Edwards, president of the Edwards Companies. “We’ve listened to and incorporated literally dozens of changes suggested by people throughout the community.”
Gary Goldfarb, who has owned the large commercial building at 502 E. Atlantic for the last 12 years, believes the project will help satisfy a growing demand for downtown office space, while transforming the street into a destination that “draw visitors from all over the world.”
“I think it’s a first-class project,” Goldfarb said. “The developers have bent over backwards to address the concerns of people who opposed it. We’ll still have a village, but it’s time for changing the face of Atlantic Avenue.”
Goldfarb said he’s renovating his property to “evolve with the development,” adding 30 small-business office spaces to complement the Starbucks that anchors his building. “It’s going to be beautiful.”
Ganger says the Coalition is “going to start all over — go back to zero” and meet with city officials to begin reviewing the new plans. “The stakes are very high,” he said. “This is about the essence of the whole concept of comprehensive planning and visioning. It’s so easy to turn into Highland Beach or Singer Island.”
The city’s Site Plan Review and Appearance Board will examine the revised plans within the next month, and then the project goes back to the commission.
Goldstein says that, while she’s disappointed in the outcome of the legal battle, the project’s opponents may have succeeded in changing the way government operates in Delray.
“We were just a group of citizens trying to have a say,” she said. “I think that going forward, you’ll continue to see that everybody is questioning things now, and the new commission will see that. I knew we’d never outlast the developer, but I hoped we’d spark attention in a good way. Maybe we did.”
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