^ I'm not saying just do it whenever they'd like, I'm saying now that the site is being redeveloped anyway, why have the city or developer not sought to straighten the Riverwalk instead of trying to stick the restaurant there?
But I guess you might not have an answer for that.
The Riverwalk is already not straight, and is well-used. What does eliminating one right angle going to accomplish at the end of the day?
If I were the developer, I'd have no interest in revising my easement, which I still have control over and could potentially revoke.
If I were COJ, I'd offer to improve the helipad site at no cost to the developer and offer the developer cash to maintain the space... and construct something that is beneficial to the Riverwalk... like some kind of drinking fountain/rest station/bike repair station for the runners/walkers/bikers that use the Riverwalk. That doesn't change the existing easement, the property owner keeps their over-water rights... and you are replacing a blighted and no-longer-useful helipad with something that is complimentary to the Riverwalk and not shoehorning some ridiculous retail structure on this small sliver of land.
Retail has been tremendously successful in Brooklyn because the retail is easily visible to the vehicular traffic and offers easy and free parking. There are already two cafe spaces fronting the Riverwalk (one in Haskell and one in the Raymond James Building... and a smoothie shop inside the YMCA at the Tillie Fowler Memorial). At least those cafe spaces serve the existing office users inside those buildings. This helipad restaurant idea literally ignores every aspect of what has made retail actually function in Brooklyn.