Friday, June 24, 2016

Developers Create County's 39th City: 'Westlake'

        In recent years, the development-oriented majority on the Palm Beach County Commission has routinely granted private land developers building variances, waivers, bait-and-switch land use swaps known as transfer development rights (TDR's), and even revised zoning rules to benefit their future projects.
        However, to one development company, Minto, the Commission's generosity apparently did not provide enough compensation for their desired profit margin. So to bypass county permitting and zoning regulations, Minto created and helped incorporate its own city - "Westlake".
        Two years ago, the County Commission approved their "Minto West" development of 4,500 homes built on a 3,800-acre tract of land located west of the Acreage. The project would include a commercial district of 2.1 million square feet.
        Minto wanted more - higher density, more housing units, and especially more control over its future land use. What better way to achieve this than to incorporate a "company town" with a friendly city council to approve zoning standards less restrictive than those imposed by county government.
        It so happens that Minto also is the primary land owner in the Seminole Improvement District which includes Westlake (formerly Minto West). Florida law allows special districts such as Seminole the option of incorporating into a town by a simple majority vote.
        So with the backing of Minto, and using a state-mandated fast track to urbanization, a vote was taken within the geographical boundaries of Westlake to create the 39th city in Palm Beach County. The vote was unanimous, 5-0, in favor of incorporation of Minto West (i.e. Westlake). Yes, only five residents voted and they all live on Minto property.
       The Supervisor of Elections canvassing board certified the vote June 20 and the municipality of Westlake was born. Westlake will have a council-manager form of government, and will be run by a "transitional" council of five until future elections are held.
        Two of the council members voted in favor of incorporation and are residents. The other three members of the transitional government don't live in Westlake. One council member has already resigned. Such is the nature of politics in Palm Beach County.
        One can only hope that the County Commission learned an important lesson about the avarice of land speculators and developers - but don't count on it. Green spaces and farms disappear, while new development projects multiply faster than concrete tombstones in a cemetery.*
        Westlake joins four other subdivisions planned near the Acreage area - Iota, Avenir, Arden and Indian Trails Grove. When (not if) approved, they will add more than 14,720 housing units. Currently, there are inadequate roads, schools, infrastructure and government services to meet this future growth.
        At its Sept.21 meeting, Palm Beach County School Board staff announced future Westlake and Arden students would have be bused to Binks Forest Elementary School in Wellington which is currently at 80 percent capacity. There is no funding budgeted to build a school in Westlake.
         The County Commission majority approved a land use change amendment Sept. 22 at its monthly Zoning Commission hearing for the Indian Trails Grove subdivision, and for the Iota project at the Oct. 26 transmittal hearing.*
        Commissioner Melissa McKinlay, an opponent of Westlake incorporation, warned that if the four additional subdivisions are approved, the Acreage area could face population growth equal to Boca Raton or Delray Beach.
         "Browardization" was at one time the keyword for uncontrolled growth. In Palm Beach County, it is now called "Westlake".
(c.) Davidsson.  *Updated Oct. 2016.

*NOTE: Additional articles below and archived in Older Posts.   

Friday, March 18, 2016

City of WPB Transforming into a 'Little Manhattan'

        Everyone has a vision of the future for West Palm Beach. During the current and previous mayoral administrations, the vision of city hall's power brokers has become self-evident by the scale, mass and  height of buildings downtown along its skyline.
         Ladies and gentlemen, welcome to "Little Manhattan" under the palms.
        The City of West Palm Beach is in the final stages of transformation from a "low-rise" southern city with office buildings of less than 14 floors, to a "high-rise" metropolis with business towers, condominiums and hotels reaching upward to 30 stories.
        This vision of the future is no mirage. Politicians, business leaders and developers all play their part, and all profit from their shared vision.
        Some visions have unwanted side effects for the public. During the March 14 City Commission meeting, the mayor addressed citizen concerns about traffic gridlock in the heart of the city.
        Little Manhattan has its urban woes - traffic, crime, drugs, parking, concrete canyons - just like its big sister city and namesake in New York. The past two mayors of West Palm Beach found these problems downtown unacceptable, for they chose to live in gated and guarded single-story housing communities in the western suburbs.
        There are no 25-story office towers in the "western communities," only in the city's overbuilt urban core.

Up, Up and Away in West Palm Beach
        For the first 78 years of its history (1894 - 1972), the tallest building in West Palm Beach was just 14 stories. When the 14-floor Harvey Building was built on Datura Street in 1926-27, it loomed a full seven stories above the next tallest building downtown.
        It was not until 1972-74 that this standard for building heights was exceeded with the construction of the 21-story Washington, Lincoln and Jefferson towers along Presidential Way west of Clear Lake. After their construction, a race for the sky began downtown which continues to this day.
        An objective statistical source for tracking the history of development and building construction for cities in the U.S. and around the world is provided by the Emporis Company. The Emporis Standards allow independent analysis of a city's growth .
        A "high-rise" building is commonly defined as having a minimum of 14 floors to a maximum of 39 stories. Office towers higher than 39 floors enter the generic category of "skyscraper". This definition corresponds with those set by several fire safety organizations.
        After the completion of the three Presidential towers, an additional 11 high-rise buildings of more than 20 stories were approved by the city and built between 1980 and 2010. Today, there are 218 low-rise and 89 high-rise buildings of all uses in greater West Palm Beach.
        The Emporis Standards list eight "planned or unbuilt" high-rise buildings of 30 stories or more. A total of 22 additional high-rise buildings of 20 to 30 floors also are cited by name and address as "planned or unbuilt" in West Palm Beach.
       These are future projections and not all are approved by the city. West Palm Beach is currently reviewing a zoning amendment to its Master Plan to set building height, mass and scale guidelines for 127 high-density parcels located east of I-95. Hopefully, this will lead to the downsizing of future developments.
        Two future projects looming high above the horizon are the massive Transit Village, located downtown east of  Australian Avenue, and five 15-story mixed-use towers rising 170 feet above South Dixie Highway at the current two-story Prospect Place site.

A 'Crystal Tower' for Southland Park
        Residents living in historic neighborhoods along South Flagler Drive have long lived under the illusion that their single-family homes would never be overshadowed by a condominium  next door. Reality is coming soon to Southland Park in the form of a "Crystal" tower.*
        Crystal Palm Beach Development, LLC, is proposing the construction of a six-story, nine-unit multi-family condominium on property purchased by the developer at 3611 South Flagler Drive. This property is one of the 127 parcels in the city currently zoned for high-density development (MF-32).
       Twelve residents and representatives of two impacted homes to the north, and the adjacent four-story Flagler Yacht Club to the south, attended the May 5 West Palm Beach Zoning Board of Appeals hearing to state their opposition to four variances requested by the developer.
        Lobbyists for the owner said the Crystal will serve as a "catalyst for redevelopment" of properties along Washington Road and South Flagler Drive. Neighbors questioned the need for such a catalyst.
        The Zoning Board of Appeals opposed two setback variance requests, 5-0, which would have allowed a 64-foot-high building on the site. However, they did approve two landscaping buffers to the north and south sides of the property, opening the door to a revised condominium plan.
        As many as 140 property owners living within 400 feet of the Crystal development site on Washington Road were not informed of the public hearing, as is required by WPB zoning regulations. Belatedly, the City Commission amended the Zoning Code May 9 to increase future notification areas to 500 feet.
        Unless the city eliminates existing MF-32 zoning of parcels along Flagler Drive, expect additional condominium towers near historic single-family neighborhoods in the future.

Builders Tout Thinner, Taller Condo Tower*
        For 10 years, fortunate residents and neighbors of the old "1515 Flagler Tower" condominium, located on South Flagler Drive, were given a reprieve from new high-rise development. The old 1515 Flagler was demolished in 2006 after extensive damages suffered from the "Three Sisters" hurricanes - Frances, Jeanne and Wilma.
        Open space along Flagler Drive is rare novelty and it seemed too good to last. (It was.) The plan to build the 26-story "Modern" condominium on the 1515 Flagler green space fell victim to the Great Recession.
        However, it was announced in August 2016 that the Canadian firm of "Great Gulf" will partner with the property owner, Terrence Mountain Investors, LLC, to build a 27-story condo tower, rising 299 feet above Flagler Drive and the Lake Worth Lagoon. Plans for the 256,753-square-foot building were submitted to the city for review.
        The Canadian builders say the 84-unit condominium will be "thinner" in mass than the old plans approved by the City Commission for the "Modern". The plan for a slimmer tower will still dwarf neighboring buildings and residences on South Flagler Drive.     

The 'Tower of Babel-by-the-Lake'
        A controversy of biblical proportions was fought along the waterfront in 2014-15. Chicago developers successfully lobbied the City Commission for a zoning change, allowing the destruction of the beloved historical open-air "Chapel-by-the-Lake," and approved the construction of the 25-story "Bristol" luxury condominium on infill land jutting into the Lake Worth Lagoon.
        For the first time, residents from the across the city questioned the "Little Manhattan" downtown vision of the future, and organized to fight the building of a massive high-rise along Flagler Drive at both public hearings and in court.
        The site was previously owned by the First Baptist Church. Its directors should have heeded the warning issued 4,000 years ago in Genesis 11:(3). It reads, "And they said come let us build a city and a tower whose top is in the heavens, and let us make a name for ourselves..."
       Alas, God punished mankind for our vanity and architectural foolishness by creating linguistic confusion and chaos that halted the project - not unlike the disharmony and discord in West Palm Beach caused by the Bristol project.
        King Nimrod did not learn the moral lesson of the Tower of Babel parable, and neither did the First Baptist Church nor the City Commission. The church received its $21 million pieces of silver for the site in 2014, but the Chapel-by-the-Lake, a cultural center of the city for more than 50 years, is lost forever.
        Soon, the First Baptist congregation will no longer see the sun rising over the Lake Worth Lagoon from the front steps of their temple. As a result of the city's action, the east side of Flagler Drive is now open to future high-rise projects, such as the six Rybovich Village towers.
        Traffic studies and sea-level rise projections along Flagler Drive are routinely ignored by city leaders.

Office Towers Become the New 'Cathedrals'
        Using the Bristol project as a test case, developers are now preying on distressed properties, both downtown and along the waterfront. The targeted sites are prime parcels that include churches faced with declining congregations and future debt.
        The next likely development site is church property owned by the First Church of Christ, Scientist, fronting the Royal Palm Bridge, just west of Flagler Drive on Lakeview Avenue. The Related Company is currently negotiating the purchase of a building and parking area directly behind the iconic Christian Science Church, built in 1928 in an architectural Classical Revival Greek temple style.
      The New York-based Related Company proposal is to design and build a 30-story, 300,000-square-foot office tower immediately behind the church. The building would offer tenants an unobstructed view of the lagoon. Properties west of the tower would face the back side of the monolith.
        The architect for the proposed Class A office building has a lofty vision. He compares the office tower to a "lighthouse" linking the ocean to the city. He even envisions the 30-story building as a modern spire similar to France's "Chartres Cathedral" rising above the city to the heavens above.
        Returning to reality, the church property is currently zoned for five stories or less. Special exemptions and approval would be required from the City Commission. Based upon past actions by the council, there are always convenient wavers and incentives available to developers.
        In "Little Manhattan," anything is possible, and the sky is never the limit. Just ask King Nimrod. Development matters in the City of West Palm Beach. The preservation of neighborhoods - not so much.
(c.) Davidsson.  Revised August 2016.*

NOTE: Additional articles are below and archived in Older Posts.

Friday, October 23, 2015

Coastal Development: 'The Good, Bad and Ugly'

        This article contrasts "good" coastal development (Indian River County), "bad" waterfront planning (Palm Beach County) and the "ugly" end result of no countywide plan  - the "Browardization" of a coastline.
        Browardization is the keyword for uncontrolled growth where developers determine land use based solely upon the profits to be made from their projects. It is characterized by little or no long-term planning, the construction of condominium "condo canyons" along the Atlantic and intracoastal waterfronts, and urban commercial sprawl with little green space for public use.
        To experience Browardization with all its myopic pitfalls, one must simply drive south from the Palm Beach-Broward County Line along A1A. (We advise not to attempt this on a bicycle unless you have a life insurance policy.) Both Broward County and its coastal cities share equal responsibility for the urban nightmare they have created north of Fort Lauderdale.
        There is a better way to develop a barrier island in South Florida and sustain it for future generations. It is found 60 miles to the north of the Palm Beaches on North Hutchinson Island, also commonly known as "Orchid Island" in Indian River County.
        North Hutchison Island extends 25 miles from the Fort Pierce Inlet north to the Sebastian Inlet. Orchid Island is the 22.4-mile section of the barrier island in Indian River County. Once a visitor travels north along the barrier island and escapes the sprawl of Fort Pierce, an amazing transformation takes place. You enter a county that actually observes and enforces its comprehensive plan for coastal development.
        The visitor experiences green spaces, public parks, low density planned communities with abundant landscaping, and no condo canyons. In fact, there are no commercial or residential buildings higher than five stories. Advertisements and signage is discreet and zoning codes are strictly enforced. Even the Disney Resort near Sebastian is limited to a small three-foot marker by its entrance.
        Indian River County is projected to have a population of 150,000 by the year 2020, of which 90 percent of its citizens live in the coastal zone, either on Orchid Island or in cities along the Indian River. New development must comply with the "Indian River County 2020 Comprehensive Plan's Coastal Management Element (Chapter 9)".
        Wise coastal management practices have resulted in land set aside for 55 public parks and recreation areas within or near the coastal zone. Indian River County also supports its tourism industry by providing 24 marinas along the Indian River and 18 boat ramps. Bike and hiking paths extend the entire length of Orchid Island. For a county less than half the size of Palm Beach County, the statistics are impressive.
        The comprehensive plan works along its barrier island because both Indian River County and the cities of Vero Beach, Orchid and Indian River Shores are complying with its goals. Can the same be said for coastal municipalities in Palm Beach County?
        Palm Beach County and its coastal cities have missed many opportunities for planned development along their barrier islands and the Lake Worth Lagoon. The Browardization of our waterfronts has already arrived in several communities.
        The Palm Beach County Comprehensive Plan and Future Land Use Elements will never reach their goals if developers are allowed endless waivers, transfer development rights (TDRs) and building incentives for projects that weaken existing zoning rules. In an era of sea-level rise, it is essential that sound, coordinated land use practices be followed by both the county and coastal cities.
        This article will end with a challenge to all Palm Beach County politicians: visit Orchid Island and behold a vision of urban waterfront planning that works.
(c.) Davidsson. 2015

*NOTE: See additional full-text articles below and in "Older Posts".
       

Friday, July 31, 2015

Ag Reserve Epitaph: A Slow Death by Development

        As a result of actions by the Palm Beach County Board of County Commissioners during the past two years, fewer beans, tomatoes and peppers and more strip shopping centers, gas stations and fast-food restaurants will be produced, as the Palm Beach County Agricultural (Ag) Reserve slowly disappears from the face of the earth.
        The Commission approved a Comprehensive Plan amendment, 6-1, in July 2015, with Commissioner Paulette Burdick as the sole dissenter, revising the Future Land Use Element to ease "Ag Reserve Contiguity" requirements for land preservation.
        Then at a special meeting Jan. 27, 2016, the Commission voted, 5-2, to waive a requirement for farm properties of 16 acres or less to set aside land for preservation in exchange for the right to sell their agricultural land for future commercial development use.
        The approved contiguity amendment opens land sale options for owners of small-scale agricultural parcels in the Ag Reserve, located west of Boynton Beach and Delray Beach. It also enhances opportunities for private development companies to obtain Transfer Development Rights (TDRs), for farms purchased within the Ag Reserve. These TDRs are often used for future land swaps to enlarge their projects.
        In contrast to the Commission action, the Palm Beach County Planning Board unanimously voted 12-0 against the Ag Reserve Contiguity amendment at its June 12, 2015 public hearing. The Commission ignored its Planning Agency's recommendation for denial.
        The Planning Board's meeting summary states "concerns regarding potential implications from the amendment, including the potential swap of existing large preserves for smaller preserves and potential incompatibilities resulting from agricultural uses on isolated preserves near residential uses, and that the amendment may be premature..."
        By a 4-1 vote, the Commission also directed county staff to expedite the processing of existing commercial development projects in the Ag Reserve, and accept new project applications from developers, during its July 30, 2015 meeting. Four land sales were approved Jan. 27 for future commercial use, including one west of U.S. 441.
        Instead of pursuing innovative ways to improve Ag Reserve productivity, the current County Commission majority is accelerating the pace of development within the reserve. Citizens and conservation groups questioned the wisdom of this policy at recent public hearings.
        In an effort to preserve coastal agriculture, Palm Beach County voters approved a $100 million bond issue in 1998. The Ag Reserve Tier was created in 2001. Local agriculture generates $279 million in wages to farm workers and support industries, according to the 2012 U.S. Census of Agriculture.
        *Update: A majority of Commissioners once again approved additional land use changes for individual farm properties in the Ag Reserve which will allow their sale or development at its April 27, 2016 special hearing. At the Aug. 25 BCC Zoning meeting, an agricultural packing house was removed from the Ag Reserve, opening the land to new development. So it continues...
(c.) Davidsson. Revised 2016.  

Tuesday, April 28, 2015

Alien Species Find New Home in the Palm Beaches

        Its a jungle out there in Palm Beach County!
        Nonnative invasive creatures and exotic plants are homesteading throughout Palm Beaches, and in some cases, animal control agencies are losing the battle to contain them. Invasive species are in our cities, suburban communities, as well as rural areas. There is no place to hide.
        More than 500 years of weak imported pet and plant regulations in Florida created a paradise for exotic pests once they escaped or were released into the wild. While state rules (F.S. 379) are tougher today, wildlife officials concede once fugitive breeding populations are established in South Florida, they are hard to confine and control.*
        Invasive creatures come in a variety of shapes and sizes, and inhabit the county's land, air and waters. Nonnative fish include Asian swamp eels, tilapia and cichlids, bull's-eye snakeheads, walking catfish and lionfish. Home aquariums are the source of many exotic tropical fish now competing with natives species in our lakes, canals and estuaries.
        Federal and state agencies have tried special hunting seasons, bounties and wildlife round-ups for invasive mammals and reptiles with limited success. Eradication of pests in an area as vast and remote as the Everglades, with its extensive waterways, is a daunting  challenge.
        Persons who believe the problem is overstated, need only to count the number of curly-tailed lizards found in their yard. Prior to 1960, they were limited to the Palm Beach barrier island. Today, they have expanded throughout mainland Palm Beach County in such numbers that it is no longer possible to control their population growth. In areas where the "curly-tails" thrive, smaller native lizards and geckos vanish.
        Unfortunately, Fluffy the Kitten and Muffin the Yorkie are on the menu of several invasive predatory mammals and reptiles currently lurking in Palm Beach County. Not even the mighty American alligator is safe from reptiles introduced from Asia, Africa and South America.
        Here are the profiles of five dangerous invasive predators that it is best to keep at a respectful distance if encountered during an evening stroll in the Palm Beaches:

Wild (Feral) Hogs
        In the year 1539, Spanish Conquistador Hernando De Soto thought it would be a good idea to introduce European hogs and boars to South Florida as a food source for his army of conquest. When Captain-General De Soto marched his army out of Florida, his hogs remained behind and turned feral. Today, 500 years later, the destructive omnivores, reaching lengths of six feet and weighing well over 150 pounds, continue to destroy farm crops, uproot orchards and feast on native vegetation in state parks.

Coyotes
        The wily western coyote has expanded its range throughout the eastern U.S. from Maine to South Florida, including reports in suburban Palm Beach County. One reason for this population boom is its chief rival, the wolf, was hunted and trapped to near extinction. A local coyote population can withstand a 70 percent kill rate by hunters and still multiply, according to the Florida Wildlife Commission (FWC). Attempts to cull coyotes seem to stimulate larger litters of pups, and allows younger coyotes to expand their range. Coyotes readily adapt to urban environments, so owners of small pets should be on the alert.

Nile Monitor Lizards
        These smart, aggressive, semi-aquatic African lizards can reach lengths of five feet. On their native continent, monitor lizards often feast on the eggs of 15-foot Nile crocodiles. Alligator eggs, as well as native birds, small mammals and reptiles are part of their diet in Florida. The FWC reports a population of 80 Nile monitor lizards were counted in Palm Beach County as of April 2015.

Burmese Pythons
       Reaching lengths of 17 feet, Burmese pythons are one of the largest snakes in the world. They are constrictors and suffocate their prey. The breeding population has expanded rapidly since the first pets were released into the Everglades in 1980. The FWC warns adult pythons prey on pets, and "pose a threat" to humans too.

Argentine Tegu Lizards
       These four-foot predatory lizards are native to Argentina and other regions of South America. There is a local population established in Palm Beach County. Although smaller than monitor lizards, they can be equally aggressive if cornered and approached by humans or pets. They feast on native birds, rodents, and smaller reptiles.

       Whether it is fire ants from Texas, Africanized killer bees from Brazil, green iguanas from Mexico or common boas from Guyana, exotic invasive species are probably here to stay in Palm Beach County. For peaceful co-existence, it is wise to learn their habits and take due care.

*Update: Using DNA analysis, University of Florida researchers confirmed in May 2016 that a wild population of Nile crocodiles, with the potential of reaching lengths of 18 feet, may now exist in South Florida. So far, three captured crocodiles were tested by UF scientists. They theorize the huge reptiles either escaped from a Florida zoo, or were illegally imported from Africa and released.
(c.) Davidsson. Updated 2016.

NOTE: Additional articles archived in Older Posts.

Saturday, April 4, 2015

Morikami Park Unified Zoning Approved

        The tranquil, halcyonic "Morikami Museum and Japanese Gardens" could become a scorched-earth battlefield of special interests unless the Palm Beach County Commission, tourism business advocates, park managers, local property owners and conservationists agree on a "vision" for the park's future land use.
        A preliminary skirmish was fought April 2 when the Palm Beach County Zoning Board approved a county Parks and Recreation Department request to rezone 173 acres of Morikami Park from Agricultural Residential (AR) to Public Ownership (PO).
        The action was taken to unify the zoning of the entire park under public (county) ownership. However, the approval also paves the way for potential development within the park. Under PO zoning, the County Commission has the legal power to decide how the land will be used in the future.
        The zoning change was opposed at the April 2 hearing by residents of the neighboring subdivisions and representatives of the local Sierra Club. They seek to retain Morikami as a "passive" park limited to current cultural uses.
        Opponents fear the character of the park will be altered in the future by such recently "discussed" additions as a Japanese-style hotel, spa and restaurant, a commercial artisan village, outdoor pavilion enhancements for events, and 15 acres of open field parking. Traffic gridlock and neighborhood noise are two other concerns.
        Morikami Park is jointly operated by the Parks and Recreation Department and Morikami, Inc., a nonprofit partner providing planning and financial support.
        At the Zoning Board hearing, county staff assured the public the rezoning of the park would not in itself lead to development. Future proposals must be approved by the County Commission. However, one "Conceptual Master Plan" for Morikami considered in September 2014 included a future commercial hotel site.
        There is widespread suspicion in the local west Delray community that future commercial development within Morikami Park may follow the zoning change. A recent history of pro-development actions by the Commission only fuels this distrust.

George Morikami's Vision
        In 1974, George Morikami, one of the last surviving members of the Japanese Yamato agricultural colony west of Delray Beach, donated his 40 acres of land to Palm Beach County as a park to "preserve the memory of the Yamato colony." Additional parcels of (AR) land were acquired and added to the original site, which became the Morikami Museum and Japanese Gardens in 1977.
        The official mission statement for Morikami Park is to "provide an authentic Japanese cultural experience that entertains, educates and inspires."
        What is the future inspiration for Morikami Park? Will it remain a passive regional park featuring cultural events such as hatsume, kitsaki, sado tea ceremonies, and lantern festivals?
        Should it become an international tourism destination and theme park, complete with a private hotel, spa, restaurant, expanded outdoor entertainment venue, and commercial arts and crafts shops?
        The spirit of George Morikami, and a concerned public, will be observing any park development proposals with intense interest during future Zoning Board and County Commission public hearings.
        Update: County Commissioners, meeting as the Zoning Commission, approved the Morikami rezoning at its April 23 meeting, and affirmed their action again on May 28.
(c.) Davidsson. 2015

Tuesday, February 17, 2015

County Limits Right to Question Developers

        Before a nearly empty chamber, and with a minimum of prior legal notice, the Palm Beach County Board of County Commissioners (BCC) eliminated the public's right of direct cross-examination of developers and their paid agents at future Zoning Commission hearings.
        The Commissioners, meeting Jan. 29 as the BCC Zoning Commission, approved a staff recommendation, 7-0, limiting the public's right to question developers and their lobbyists to "written" inquiries during quasi judicial public hearings.
        In the future, when a development proposal or zoning change is presented to the Zoning Commission, members of the public must submit their cross-examination questions and follow-up queries "in writing". The mayor of the Commission will review the written questions and rule if they are "relevant" to the pending case and thus allowed.
        In the past, citizens could request the right of direct cross-examination of developers during their allotted three-minute comment periods. The mayor then moderated the interactive question-answer sessions. This option for citizens was axed by the Commission.
        The rule change (Procedures of Conduct Section 10-A), drafted by county staff prior to the Jan. 29 meeting, now reads, "All witnesses are subject to cross-examination during the hearing by the applicant (developer) and county staff. Participants (citizens) may submit cross-examination questions 'in writing' to the chair of the Commission who will address 'relevant' questions to appropriate individuals."
        The county's policy change retains the development applicant's right of direct response to comments by county staff or the public, but curtails the same right for citizens in opposition to the project. Written cross-examination questions submitted by citizens are reviewed and/or censored by the mayor.
        During discussion at the Jan. 29 meeting, no one on the Commission defended the rights of individual citizens at public hearings, or questioned whether the new guidelines gave developers an unfair advantage over dissenting members of the community.
        The amended public hearing rules will be posted on future agendas of the Palm Beach County Zoning Commission beginning Feb. 26.
        Note: See related Oct. 30 commentary entitled "Expect Development 'Consensus' in County," and the May 2014 "Taming Lobbyists Gone Wild in Government" archived in Older Posts.
(c.) Davidsson. 2015.