Trying to Make Sense of Density

Worthing Place

Note: I’ve been involved with the Urban Land Institute (ULI) for close to 20 years now. It’s a wonderful organization with chapters throughout the world dedicated to real estate and land use. Over the years, I’ve been asked to work with ULI panels to help cities navigate issues and seize opportunities. I’ve had a chance to work in places like Winter Park, Tamarac, West Palm Beach, and Fort Lauderdale. Recently, the City of Deerfield Beach engaged ULI in a community wide discussion about density. I thought I’d share my talk since it focused on our experience with the “D” word in Delray Beach.

 

The story of density in my hometown Delray Beach can be told through the saga of one project: Worthing Place which is located on Atlantic Avenue in the heart of our downtown. My hope tonight is that the Delray story—what worked and what didn’t– can offer you some insights that might help your city as you move forward.

Worthing Place is a 6- story, 60-foot tall apartment building with some restaurants and shops on the ground floor. It is set back from the street and sits behind a small pocket park which has become a lively space to watch the hustle and bustle of a very busy downtown.

It features 217 units on about 2.4 acres, which works out to roughly 90 units per acre, or three times the current density allowed in our downtown.

The Delray Beach CRA assembled the property in the mid-90s with a goal of creating a mixed-use project that would replace blight with vibrancy. We believed that housing was an essential component to jumpstarting a downtown that had shown some signs of life after a very rough decade in which we experienced 40 percent vacancy and virtually no nightlife. You could have gone bowling on Atlantic Avenue in the 80s and not hit anything.

 

The RFP was awarded to a team of experienced local developers who agreed to build a public parking garage before breaking ground on the apartments and retail. That offer, to build a garage benefiting the public before building apartments, was seen as a key to the winning bid.

But the size of the project—it’s height and density—split the town into two warring factions.

The project was approved and the city was immediately hit with lawsuits that prevented the project from moving forward. The developers built the garage—as promised, but litigation meant that they could not build the actual project.

When I was elected in 2000, the commission I served on inherited the lawsuits—I believe there were six or seven of them—but we also inherited the division over growth and development that this project ignited in our city.

Delray Beach is a very special place—we guard our charm and strive to maintain the brand of being a village by the sea.

We don’t allow tall buildings, but we do fight over 3 and 4 story buildings and density is a very, very touchy subject.

Mindful of these dynamics and wanting to unify the community after the tough fight over Worthing Place, we decided as a city commission to bring the community together and create a downtown master plan.

We did a massive public awareness campaign to get as many stakeholders to the table for a series of charettes or public meetings where we could brainstorm, draw, share and learn together. Our goal was to plan for a sustainable downtown that managed to be vibrant while being respectful of property rights as well as the look and feel our town.

Our tagline for the effort was “Keeping the Charm” and that was the goal.

Mind you, that’s not an easy task for a city…my idea of charm or of a village by the sea may be very different from my neighbors. Some may want a vibrant, bustling village and others may want a sleepy village. But we tried to work together as a community to come up with a consensus vision and policies to preserve, protect and enhance our downtown.

We produced a large document…but if I had to boil it down to a single theme it would be this: “Design matters more than a random density number.” In cities, we often get hung up on dwelling units per acre. We should be thinking about how projects fit in to the fabric of our communities.

In the master plan process, we learned that density was needed to provide housing opportunities for people who wanted to live downtown, we learned that if we wanted mom and pop businesses to survive, we needed a certain amount of density to support those businesses and we learned that density was better than sprawl in terms of the environment.

But the key message was the importance of design and scale…new development needed to be attractive and ideally enhance the charm and character of our downtown.

What I’m describing is a great aspiration.  But it can be hard to achieve because design is subjective.

We came away from the Downtown Master Plan process unified—at least among the few hundred who showed up to participate. But when you have 65,000 people, a few hundred, while good, is not enough to sustain an effort to shape your downtown. So, we worked hard to promote the plan, to educate the public on why density– done well– was important for our community.

And for a while we succeeded.

The city won all the lawsuits relating to Worthing Place and the project got built. It was supposed to be the first mixed-use housing project downtown, but the litigation delayed things and it ended up being among the last to be built.

Many other projects— not nearly as tall and certainly not as dense— were built. There has been a massive amount of public and private investment. And it has paid off.

Downtown Delray has become a regional attraction, with over 100 restaurants, tens of thousands of weekly visitors and a very low vacancy rate.

But success comes with challenges.

Rents have increased from $5-$7 a square foot when I moved here in 1987 to as high as $165 a square foot for prime restaurant space. It’s difficult for mom-and-pop businesses to pay the rent.

When you experience success, it’s not uncommon to want to try and ratchet things back.

So, after I was termed out, a subsequent commission lowered the height limit to 54 feet, 35 feet on the avenue itself, and capped density at 30 units to the acre in most of downtown Delray. There are a few places in town where you can exceed that amount, but by and large density has been capped.

You don’t tend to cap things that you view as virtuous. If density was popular, it would be encouraged not capped. Besides, our language has changed—instead of encouraging density in strategic places to achieve civic goals, we are warning developers about density.

After spending a lot of time, money and effort trying to sell the virtues of density and great design—we stopped engaging residents on these topics and now every election cycle is about the evils of growth and development. We no longer talk about smart growth or good development; we only seem to talk about traffic and whether we have lost our charm.

Density has become a dirty word in a town that used it as a tool to become a national model for how to revitalize a downtown.

Now, I understand the sensitivities…I understand the frustration caused by congestion, even though we experience more traffic driving on multi-lane suburban streets than when we drive downtown where we can use our grid system to get around efficiently.

I am immensely proud of my city and what we were able to accomplish. But I also understand it is not everyone’s cup of tea. And I understand that change cuts both ways: it can be good, it can be not so good. But all in all, I think Delray did a nice job.

We don’t allow big buildings, especially when compared to our coastal neighbors, which allow heights more than twice as tall as we do.

Efforts have been made to limit massing and maintain the human scale that is our calling card. We narrowed US 1 in our downtown to make it more of a neighborhood and less of a highway. We improved pedestrian safety and we have created a year-round economy in what had once been a seasonal town.

 

But in many ways, even though others think we have done a good job, we are losing the argument.

City planners and new urbanists are often fans of Delray. I’m here, 17 years after being term limited, because ULI views Delray as a positive example.

But as the kids say when talking about relationships—it’s complicated.

When politicians look at our city and see their best chance of being elected as running against what has been achieved downtown because density was used wisely— something has gone awry.

So as Deerfield weighs its next move relative to density, growth and change…I would offer up Delray as a good comp. We are both a success story and a cautionary tale.

We succeeded because we revitalized what had been a declining downtown. The revitalization has stood the test of time—we survived the financial crisis, Covid, competition from other cities and changing tastes. I would argue that density done right—done gently as my friend Juan (Urban designer Juan Mullerat) would say–helps you build wonderful and memorable places.

I commend you for engaging with ULI and inviting the public into this process, much like we did when we crafted our Downtown Master Plan in 2001.

But I would urge you—from experience—to never stop engaging, educating, and learning together as a community. We stopped doing those things somewhere along the way…because after all politicians come and go. But the need to keep dreaming and implementing never goes away. That’s the beauty of cities. You are never done, especially if you get some kind of success. You can’t be complacent. Complacency is a killer.

As a former elected official, I know you can never please everyone. And you can really set your community back by trying. But you can and should take a long-term view and try and move the big rocks.

The best piece of advice I ever got was that elected office is a job to do, not to have.

You need to take some risks to move the needle and make things happen in your city. But you have to bring the community along with you…they have to buy-in and say yes. And they have to keep saying yes. That means a never-ending conversation about the future of your community. That’s the fun part.

I’m a fan of Deerfield Beach, I’m in the Cove for dinner, I love your beach and I used to have an office in town. So, I am rooting for you.

I’ll conclude by telling you what happened with Worthing Place.

It succeeded. It never became the blighted tenement that opponents feared would forever scar our downtown. Instead, it became a catalyst for activity and additional investment.

The restaurants downstairs have become popular spots…the apartments are coveted, and the garage is well-used and a money maker for the city. A few months ago, the company I work for, a family office, bought the building from BlackRock for over $100mm. So, you can see that the project that divided our town has a whole lot of value.

It’s a full circle moment for me and a major investment in our downtown for my company. I’d like to think that density —done well—created an ecosystem that remains an attractive place for people to live, work and play. Thank you for this opportunity and good luck with your wonderful city.

 

 

 

 

 

It’s The Software That Matters Most

Seth says: hardware is sexy, but it’s the software that matters.

Seth Godin has a saying…hardware is sexy, but it’s software that matters.

Seth is a best-selling author and considered one of the top marketing minds in the world.

So while he might have been referring to products when he talked about the importance of software…I think you can also apply the sentiment to cities and community building.

Hardware can refer to buildings and software can be a stand in for the soft stuff like creating a sense of place and nurturing a feeling of community.

Last week, I had a chance to share a few things about public leadership that I have learned over 30 years with a talented group of young professionals enrolled in the Urban Land Institute’s Public Leadership Institute. ULI is a global organization dedicated to the responsible use of land. I had a chance to meet with 40 or so up and comers at Port Everglades to discuss the challenges and opportunities available in cities today and tomorrow. I tried to instill in these young leaders that they have a responsibility as stewards to leave their communities better off than they found them. There is a lot of work for them and all of us to do.

I think cities rise or fall as a direct result of leadership. I think it’s the software of cities that matter more than anything else.

Don’t misunderstand me, leadership has a lot to do with getting the hardware right…we need the buildings and the projects. We need the investment, the tax base and the jobs.

But the best places get the software right…they have a certain feel about them. You can sense the momentum, you want to be involved…they make you want to stay and leave a positive mark.

Leadership is so important, but we really don’t pay a whole lot of attention to it. Oh, we say we value leadership and we want it and that it’s important. But we really don’t spend a lot of time creating, nurturing, supporting and training leaders. There are exceptions: ULI is investing in the next generation of leaders and so is Leadership Florida. There are others, but we need even more.

As a result of the leadership deficit– in cities— we leave a lot to chance. Whoever, shows up gets to run the place. And unless you get lucky and a group of visionaries show up you run the risk of placing your present and your future in the hands of those who might not be good at the software or the hardware. That’s a real problem.

Because cities thrive if leaders show up and commit to a place. And they fail if the wrong people grab the reigns. It’s just that simple and there are examples all over South Florida on both sides of that ledger.

Now I am not talking solely about mayors and commissioners—although surely the occupants of those seats are important to achieving any kind of sustained progress.

But I do not believe in waiting for a savior to show up….that may feel good for a little while, but eventually your visionary mayor moves on or terms out. You have to develop the software to create an enduring  culture of leadership in order for success to take root and to last.

So when I say leadership I am thinking broadly…we all have a role to play. The public sector—elected officials and staff, the business community, non-profits, academia, the clergy and the neighborhoods all need to show up and where possible work together on a common vision.

So how do we do that….How do we work together on a common vision?

First I’ll tell you what you don’t do…don’t get stuck and don’t allow your community to get caught in a winner take all contest.

We fixate today on what we disagree on….we see it in Washington and in Tallahassee, but we also see it on the grass roots community level.

We’ve created a giant zero sum game, where I have to lose if  you are to win….that’s not a formula for success or progress. It is a recipe for gridlock and progress that quickly gets reversed when the “other side” seizes power.

I think leadership focuses on what we can agree on.

There is so much noise and so much negativity in the world today…I believe that people are hungry for something to believe in..

We need to build communities that aspire. And as leaders it’s our responsibility to create a culture in our communities that enables aspiration.

We want to build places where people are excited about their present and thrilled about their future potential. We need to champion projects and initiatives that further these goals…and deliver for not only the direct beneficiaries but the broader community as well.

The best economic development is momentum and software that drives progress. Get that part right and it enables you to overcome inertia or any challenge that is thrown your way—be it hurricanes or crime or drugs or nasty characters who get up at meetings and throw bricks. It even inoculates you against the trolls on social media, many of whom sit back in judgment but few who actually roll up their sleeves and try themselves.

Nothing great can be accomplished without enthusiasm, calculated risk and a large dose of inspiration.

Leaders either fill the reservoir with hope or drain it with negativity.

There’s another saying that I just love and it’s this: “There is a difference between leadership and ambition. Leaders have the courage to be unpopular with those that disagree with them. The ambitious want to befriend as many people as possible.”
We need more leadership and less ambition.

 But we also need more aspiration and more emotional intelligence. Hardware is important. Hardware is indeed sexy. But software is heart. Software is love. Software is empathy and it’s gratitude.

Software is what matters.

 

 

 

 

Lessons Learned

ULI is a global non-profit.

I’m a huge fan of the Urban Land Institute.

ULI is a global organization that promotes responsible development and the organization is often called on to provide expert advice on how to build great communities.

I’ve worked with the organization on a few special projects over the years including public leadership seminars and an in-depth dive into the future of Winter Park, Florida.

Recently, I had the pleasure of working with a talented panel seeking to help Tamarac, in West Broward County make sense of their potential.

It was a great experience and I got to meet some terrific elected officials and very dedicated staff. The ULI panel also consisted of some really smart people including economic development professionals, a real estate broker for a large firm, a cutting edge developer and a very talented urban designer from Miami. I thought I’d share a small portion of my session on public leadership.

 

Ten Lessons Learned

 (Some the hard way, but most by watching other leaders and learning from talented mayors).

  1. Focus on the Big Rocks (Don’t Major in the Minor)

Being an elected official is like drinking from a fire hose… you will get lost in the weeds if you’re not careful. Successful elected officials learn to lead and leave the management to staff. They also focus on large meaningful goals—“the big rocks.”

 

2. Trust But Verify

(Trust movement but outcomes are more important than words)

 

Even if you focus on the big picture, you will be blamed for the potholes. So empower staff to do their jobs but also hold them accountable for getting things done—both large and small. Outcomes are what you will be judged on. Process is important, but sometimes you can have process without outcomes. Make sure that doesn’t happen. You have to deliver. Have a sense of urgency.

 

3. Have a Vision-

The “Grassroots” (your constituents) depend on the “Grass Tops” (elected officials and senior staff) to get things done.

The most successful cities have a vision for what they want to be and how they’ll get there.

The best cities are aspirational, so dare to dream but also understand who you are as a community.

Visions Should Be Community Based—coming from the Grassroots.

Community Visions Should Be Sacred– Elected officials (Grass tops) are Stewards and have a responsibility to deliver.

Visions allow you to say no to projects that don’t fit and to say yes to projects that fit the vision.

 

4. Find Shared Goals

 The most successful councils/commission’s have shared goals.

Not having shared goals leads to:

Dysfunction

Staff Confusion

Inaction—whose ideas, projects should we pursue?

Creates Winners and Losers

End result—it’s hard to make sustained progress.

Once the other side gets in or the players change, policies, directions and progress are often reversed. One step up, two steps back syndrome.

 

5. Celebrate Success

(Blame is a given in public life, might as well celebrate when you succeed)

Let the community know when you fulfill a promise or achieve a goal.

It’s important to celebrate—it builds civic pride and confidence in City Hall. You need to build a reservoir of good will to take advantage of opportunities and to weather setbacks.

 

6. The Loudest Voices Aren’t Necessarily Representative of the Community

 

Be wary of people who claim to speak for “everyone”

Our jobs as elected officials is to leave the city better than we found it. Sometimes that means making tough decisions that may not always be popular at the time we are asked to vote.  But if  your votes are tied to a community vision or goals, you will survive and thrive.

 

7. Mayors and Commissioners are the architects of their city

 

We are responsible for holding developers to high standards…but we are also responsible for making sure there is “rule of law” and a predictable process. If we allow our cities to become nightmares, we will chase away investment and or attract the wrong investors. Mayors and commissioners set the tone for their cities. Are we nice? Are we civil? Are we professional? Or are we mean and petty? Mean and petty is a recipe for failure.

 

8. The Best Economic Development is a Clear Vision and Predictable Process

 

If you can develop a compelling vision for your city, it will serve as a great sales and marketing tool for your town. If you can get investors through your process without it becoming a clown show or worse you will see progress. It’s that simple. The best incentives are a compelling vision and a predictable process with high standards.

 

9. Once Votes Are Taken, It’s Our Responsibility to Make Sure We Get the Best Outcomes Possible


We won’t always get our way. We will lose tough votes. But once the roll is called and the votes are cast we must move on and not re-litigate over and over. If the decision is horrible, it will tend to reveal itself in time and you will have another chance to right the wrong. If it moves forward, we must move forward too.

 

10. Municipal Math

(Math can be cruel)

 

It takes 10-20 years to build something of value, 1-2 years to mess it up and there is no guarantee you will recover. So think about the future and leave your city better off than when you were entrusted with its welfare.

 

 

The Past Can Inform Our Future If…

 

Park Avenue in Winter Park.

Park Avenue in Winter Park.

In October 2014 I had the privilege of participating in a Urban Land Institute panel focusing on Winter Park.
ULI’s TAP program (Technical Assistance Program) brings outside help to communities seeking advice on how to seize an opportunity or address a vexing issue in their city.
It was a great honor to be chosen to participate, because I have long admired Winter Park and I’m a big fan of Bob Rhodes, who is a legend in Florida.

Bob was Chair for the Winter Park TAP and shortly after the exercise he was honored with a much deserved lifetime achievement award from Leadership Florida.

Led by Bob, the panel produced a document aimed at framing some issues that Winter Park was facing relating to downtown development and offering them some solutions to consider.
So it was interesting for me to return to the city two years later to see what was happening downtown.
We spent a day strolling, dining and shopping on Park Avenue over the holiday break.
It was a beautiful day and the street was bustling.
Park Avenue has a similar scale to Atlantic Avenue, mostly two and three story buildings. Winter Park has some distinct architecture and it’s streetscape is immaculate.
Gorgeous planters, attractive signage, cool little side streets and a lineal park that runs alongside Park Ave gives the city remarkable charm.
While Atlantic Avenue is restaurant heavy, Park Avenue is dominated by retail.
There are a fair amount of chain stores and franchises ranging from Gap for Kids and Restoration Hardware to Starbucks and Burger Fi.
But there’s also a decent number of independents—the feel is decidedly upscale but not pretentious.
It’s a vibrant street and just feels good.
What makes Winter Park interesting is it’s able to succeed as a counter to much larger Orlando which sits (looms) next door.
Orlando’s downtown has come a long way in recent years under the leadership of Mayor Buddy Dyer.

As a result, Orlando is now much more than just theme parks and vacation villas.
Still, Winter Park still feels like an oasis in Central Florida.

The city wants to keep that charm and I think it will. ULI was brought to the city as a result of a strong desire for Winter Park to remain special in a sea of sameness, sprawl and traffic.

We also visited Celebration which is known for its new urban layout and variety of architectural elevations.
Now 20 years old, Celebration looks better with a little age on it. A former Leadership Florida classmate was one of the developers of the landmark project–which has received a huge amount of press over the years– so I had some insight into the thinking that Disney was trying to achieve in Celebration. The goal was to replicate some of the best features of American town planning before cookie cutter design began to proliferate. Critics called it a “Stepford” community, almost too perfect to feel warm and authentic.
I remember visiting some years ago and it felt much more faux than it does today. It has aged well and even my kids–not usually attuned to such things–noticed how different the neighborhoods were in terms of design.
Celebration and Winter Park stick out in a region that is suffering from an acute case of sprawl with all of its attendant illnesses including choking traffic and soulless sameness.
I wish there were more places like Winter Park and our own Delray Beach.
I sense that there’s a large market of people who want a walkable lifestyle, distinct architecture, interesting shopping choices and good local restaurants. Throw in attractive open spaces and large doses of culture and educational opportunities and you have a recipe for enduring success. You also have a recipe for high housing costs, which price many people who would enjoy and contribute to these places out of the market. One answer is density–done well of course–which adds supply and is also better for the environment. But the “D” word is often a third rail in local politics and public officials unwilling to do the hard work of engaging the community in an education effort often abandon the types of development patterns that people long for and create value well beyond a bottom line.
Will cities like Winter Park and Delray change?
No doubt.
But as long as they keep their “bones” and scale intact they will continue to succeed.
We just need more communities to follow their lead. And more public officials willing to push for quality of design rather than simply judging projects based on numbers.

Charleston Part II: Going to the Mountain Top

Mayor Joe Riley is finishing his 10th and final term.

Mayor Joe Riley is finishing his 10th and final term.

If you love cities, going to see Joe Riley is like watching LeBron James play ball.
He’s just the best. So when you have a chance to see him and hear him speak about building a great city you drop everything and you go. Especially when your invited to share your story with a national audience. I never miss a chance to promote Delray.
After 40 years as mayor of Charleston, one of America’s great cities, Mayor Riley is calling it a career. And what a career it has been.

At 72,  Mayor Riley is sharp and vigorous and there’s more to do (there’s always more when your a mayor who matters) but he’s decided to move on after having shaped, preserved and grown his city for 10 terms. He’s also influenced several generations of Mayors and place makers worldwide.
Charleston is a magical place, imbued with history and character. It’s Main Street, Kings Street, defies all planning logic: its one-way, doesn’t have the widest sidewalks, it’s pavement pocked. But it works, even though some bemoan the presence of a ton of national retailers where independents once operated.
Mayor Riley spent a lifetime shaping modern day Charleston by preserving the past but carefully ensuring that his city would not be a museum piece. Change happens whether we like it or not or as Riley memorably puts it: “the only human that likes change is an infant wearing a diaper.”

Still, he believes that mayors are the primary sales people and architects of their cities and they need to be both every day. And so for 40 years he has sold and promoted Charleston and then shaped the growth he has attracted with a design ethic that has made him a legend.
Every piece of public infrastructure in Charleston is thought out and made beautiful like the Romans used to do. So you will see interesting pump stations, granite sidewalks and beautiful architecture when you visit his city.
All of this costs more, sometimes a whole lot more,  but Riley is a believer in the public realm and Charlestonians have been eager to help him via generous donations over the years.
“The public realm belongs to every one. So the poorest person owns the city park as much as the richest person in town does. When you invest in the public infrastructure of a city everybody feels like they have a stake.”
The Riley Symposium, hosted by ULI at the College of Charleston was a chance for real estate professionals, architects, developers, planners and others to celebrate Riley’s legacy.
Delray Beach was selected to participate because we have a unique success story and have used innovative strategies, financing and policies to revitalize our urban core.
It was an honor to be selected and it’s a privilege to share the story with other communities and professionals seeking to move the needle in their towns.
I often feel that we don’t fully appreciate the place we live. It’s special and people from across the country recognize it. That bears repeating: Delray is special and people know it.
Mayor Riley told the symposium that Charleston exists for its citizens and businesses but also welcomes and values visitors.
“When you create a special place people want to come and experience that place,” he said. “It’s a challenge to manage but you must strike a balance.”
Charlestonians–at least the small sampling I met–have an enormous amount of pride in their city as they should. They debate events, development, business mix and affordable housing with gusto but also with a sense of pride. They know they live in a special place.

So do we.

 

Finding the Soul of the City

Beautiful Winter Park.

Beautiful Winter Park.

Winter Park is a gorgeous small town.

Nestled next to bustling Orlando, Winter Park is an upscale city of 29,000 residents with a beautiful downtown, historic neighborhoods and a new apartment complex and Trader Joe’s that has inflamed a passionate debate about the city’s identity, growth, character and future.

The debate has been raging for a while but has ebbed and flowed depending on the political winds. But the construction of rental apartments and the opening of the wildly popular Trader Joe’s have created a debate in the community over character and the dreaded “D” word, density.

Sound familiar?

On one side of the debate are those who are OK with change, support transit –there’s a popular SunRail stop downtown– and don’t mind seeing development along the “edges” that might offer some residential  opportunities for people who might not otherwise be able to afford to live in the city.

On the other side are those who are concerned with density and multi-family housing, some of whom express concern over the train (which means more people visiting) and traffic, much of it generated because lots of people  have to drive through Winter Park to access a booming downtown Orlando–In other words not by development in Winter Park per se.

It’s a familiar debate and I got a dose of it last week when I went to Winter Park on behalf of ULI (Urban Land Institute) to work with the community, mayor, city commission and staff on a visioning effort.

Both sides of the debate have merit, but you wonder if there’s a way to bridge the divide or we are doomed to be caught in an endless loop of fear, division, accusations etc. etc.?

We’ve heard the tired arguments emanating from both sides of the growth divide. For instance:

“Density is bad. “

“All developers are greedy.”

“Elected officials are in the pockets of the big money developers. “

On the other side of the divide are those who argue that all opposition to development comes from NIMBY’s or CAVE’s (Citizens Against Virtually Everything).

It’s as old and as tiresome as the partisan gridlock that has ruined Congress.

We need to do better than this. And I believe we can, but it’s going to take a lot of work and education.

But the effort seems worth it, because the issue isn’t going away.

First, change is inevitable unless of course you live in colonial Williamsburg. Land owners also have property rights and if cities infringe on those rights they run the risk of costly lawsuits.

Ideally, the goal should be smart growth, great design, respect for historic neighborhoods, acknowledgement of–and where possible– mitigation of the impact of development. And yes development has an impact. But to be fair, that impact can also be positive as well as negative.

The devil of course is in the details, but responsible development is not all about numbers: i.e. stories, height or the number of dwelling units per acre.

There’s an art to city building and efforts to drain subjectivity from the process are bound to be frustrating and self- defeating.

In Delray and Boca, we can point to numerous high density projects that work, because the architecture is beautiful and the developers took time to think about traffic flow, open space and how the development relates to adjoining neighborhoods.

I can also point to ugly projects that are both low and high density.

Last week, I received a notice from the City of Delray Beach regarding an update to the city’s Land Development Regulations. The purpose and I’m quoting the city here is to provide greater predictability in the regulations and the process and to incorporate more “form based” code elements emphasizing the importance of the public realm.

Sigh…

Form based codes can be good things and they can be awful too. In fact, our code is pretty good and already incorporates a lot of form based elements. But most importantly, it has worked enabling Delray to become a pretty good place. But there’s a sense– in some quarters anyway– that the answer to all bad development or perceived bad development can be solved by the code. It can’t.

If you want better design and development, you have to roll up your sleeves and work hard to get it.

That means working early in the process with developers and architects, not forcing them to guess about design and other concerns and then sandbagging them at a public meeting.

For developers it means engaging the public and really listening to concerns, not just ramming through projects because you think you have the upper hand politically. And for residents it means coming to the table with a respect for property rights, a knowledge of local zoning (easily attainable these days) and some ideas other than “go away.”

For all, it means working together and finding compromise, which usually means that everybody has to give up something. If you live adjacent to a downtown you have a right to be concerned with development and a vested interest to insist on great design. But you don’t have a right to think you live in a gated community—change is going to occur and the downtown belongs to everyone not just those who are fortunate enough to live there or nearby.

More than a tweak to our codes, what’s needed is a more intelligent discussion about growth, change, design density, traffic, walkability, pedestrian safety, vibrancy, open space etc.

You can’t legislate the art and subjectivity out of city building. You can’t devise a code that will be perfect and you’re not going to get every project right.

I served during a big real estate boom. I met greedy developers and really caring developers. I met genuinely concerned citizens and a few others that could not be reasoned with nor bothered by the facts. I served alongside some pretty good elected officials and we got some things right and a few things wrong. Contrary to rumors, we never granted a waiver or a variance for height and density, but we also didn’t fixate on numbers. We tried to support good projects and we tried to stop bad ones. Our code and master plan was flexible enough to give us those options.

But we also saw the process as an ongoing one of constant education, engagement, outreach and learning. We tried to protect the historic districts and put in new guidelines. We attempted design guidelines and invited local architects to share what would work and what wouldn’t. Our first attempt looked good on paper, but didn’t work in the real world and so we went back to the drawing board.

Plans are meant to live and breathe, not be so prescriptive that they squelch creativity. I hope that’s not where we are going.

Yes, the process should be predictable. It should not take months and months to approve or reject something. But cities need to be both protected and nurtured. They need to be preserved and they need to change. That’s the beauty of this work and that’s where the opportunities are, as well as the risks and pitfalls. You can’t legislate perfection nor can you devise a code—form based or antiquated as I’ve heard our code described—and expect to drain all subjectivity out of the process. Cities are about art and science. Not just numbers. There is no density number that can guarantee good design, no magic phrase or land development regulation that will ensure quality.

In Winter Park, the community and the leadership wants a vision that is values based rather than prescriptive. Values are a great place to start, because as one commissioner stated so beautifully Winter Park is not just about numbers it’s about how we relate and care for each other and our town. At the core of the issue—in Winter Park and elsewhere– is people long for a better way to talk about growth, change and development. Communities don’t want to be estranged, they long to connect and engage.

There’s no code yet devised that takes the place of working together and having honest and safe discussions over the future development of your home town. So we can meet at quasi-judicial hearings and debate whether a project should be 16 units or 19 units an acre even though there’s not a human being on the planet who can tell the difference or we can find a better way.

The passionate debate about the city’s identity, growth, character and future should never stop and there isn’t  acode on Earth that will answer every question. All a code can do is help you craft a community that is livable, attractive and sustainable. It’s a tool. Period.

The real work is to build a community where people discuss the future intelligently and get beyond the all change is either great or terrible mindset.

That’s the challenge and that is the opportunity.