Boca Raton city officials have approved a new ordinance aimed at increasing oversight of public land deals. The city council passed the measure on Tuesday night with a 3 to 1 vote. The ordinance requires two public hearings for any proposed sale or lease of city land and mandates findings that justify how such transactions will benefit the public.
This move comes more than a month after a judge blocked a proposed referendum that would have required voter approval for sales or leases of public land larger than half an acre. The referendum, which collected thousands of signatures from registered voters, was declared unconstitutional by Palm Beach County Circuit Court Judge Joseph Curley following a lawsuit from Boca Raton attorney Ned Kimmelman. Jon Pearlman, founder of Save Boca, said the judge’s ruling is being appealed.
The recent actions were prompted by a pending 99-year lease deal between the city and developers Terra and Frisbie Group. This agreement would allow construction of a mixed-use community near Brightline’s Boca Raton station, totaling approximately 1.15 million square feet. The project has already received support from the city’s planning and zoning board.
Brandon Schaad, director of development services, explained that the updated code sets “a higher standard” for handling sales or transfers of city land. Under the new rules, people living within 500 feet of properties under consideration must be notified at least ten days before the first hearing.
According to the ordinance, any transaction involving public land must fulfill specific purposes such as generating revenue for the city, providing substantial community benefits, or enhancing recreational, cultural, or economic opportunities for residents. Exceptions are made for easements or right-of-way conveyances needed for utilities and other essential functions; renewals and extensions of previously approved leases are also exempt if they continue to serve their original purpose.
Jon Pearlman criticized the ordinance: “The bottom line is that [the city ordinance] does not put the power of disposition of city land, the sale of city lands and the lease of city lands, in the hands of the people, which the Save Boca laws do.”
Mayor Scott Singer defended his proposal: “We should not let the perfect be the enemy of the good.”
Councilmember Andy Thomson opposed both Singer’s proposal and aspects of ongoing development plans: he stated he did not see Singer’s ordinance as “meaningful” and voted against it.
While broader referendums on future land deals remain halted due to legal challenges, voters will decide on March 10 whether to approve Terra and Frisbie’s One Boca project specifically. Meanwhile, at this week’s meeting council members introduced an ordinance to approve a 99-year lease with Terra and Frisbie.
Deputy City Manager Andrew Lukasik outlined current plans: Terra and Frisbie intend to build three buildings up to 130 feet tall on roughly 7.8 acres near Northwest Second Avenue and Northwest Fourth Street. The project would include nearly 950 residential units (condos/apartments), over 120,000 square feet in office space, about 79,100 square feet in retail stores including a grocery store measuring around 30,000 square feet as well as a hotel with approximately 180 rooms—all located mostly on public land. Additionally there are plans to revitalize Boca Raton’s existing city hall campus; this part is scheduled for further discussion later in January.
Over time since being selected by officials almost one year ago—after competing against four other groups—the scope has been reduced several times following resident feedback; what began as an estimated 2.5 million-square-foot plan now stands closer to about half that size focused eastward along Northwest Second Avenue.
