Boca Raton city officials have approved a new ordinance aimed at increasing oversight of public land deals. The city council passed the measure Tuesday night in a 3-1 vote, following recent controversy over a blocked referendum that would have required voter approval for sales or leases of public land larger than half an acre.
The referendum, which had collected thousands of signatures from registered voters, was struck down by Palm Beach County Circuit Court Judge Joseph Curley after a legal challenge from Boca Raton attorney Ned Kimmelman. The court found the proposal unconstitutional in late November, but Jon Pearlman, founder of the grassroots group Save Boca, said the ruling is being appealed.
The proposed referendum and the new ordinance were both prompted by a pending 99-year lease agreement with developers Terra and Frisbie Group. The deal would allow construction of a 1.15-million-square-foot mixed-use community near Brightline’s Boca Raton station. The project has already received support from the city’s planning and zoning board.
Brandon Schaad, director of development services for Boca Raton, described the new code as establishing a “higher standard” for transactions involving city land. Under the ordinance, residents living within 500 feet of any half-acre property considered for sale or lease must be notified at least 10 days before the first public hearing.
According to the ordinance, such transactions must serve a public purpose—such as generating revenue for the city or providing substantial community benefits—or enhance recreational, cultural, or economic opportunities for residents. However, easements or right-of-way conveyances needed for utilities and other public purposes are exempted from these requirements. Renewals and extensions of existing leases are also not affected if they continue to serve their original public purpose.
Jon Pearlman criticized the new 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,” he said.
Mayor Scott Singer defended his proposal: “We should not let the perfect be the enemy of the good,” he stated during deliberations.
Councilmember Andy Thomson opposed both One Boca and Singer’s ordinance. He argued that it did not represent meaningful reform and voted against it.
Despite setbacks to broader referendums on future land deals, voters will still have input on one major development: last year, an agreement between Terra, Frisbie Group and city officials set March 10 as a referendum date for approval on what is known as One Boca.
At this week’s meeting, council members also introduced an ordinance to approve a 99-year lease with Terra and Frisbie Group. Deputy City Manager Andrew Lukasik outlined current plans: three buildings up to 130 feet tall with 947 condos and apartments; 120,000 square feet of office space; nearly 80,000 square feet dedicated to retail; a grocery store covering about 30,000 square feet; and a hotel with 180 rooms—all on approximately 7.8 acres at Northwest Second Avenue and Northwest Fourth Street. As part of this deal, Terra and Frisbie would redevelop Boca Raton’s 17-acre city hall campus; this aspect is scheduled for further review on January 20.
The scope of Terra and Frisbie’s proposed development has changed significantly since they were selected almost one year ago from among five contenders to redevelop municipal property. Their initial plan covered roughly 2.5 million square feet but was later reduced after opposition from residents led developers to scale back further—limiting construction primarily to one side of Northwest Second Avenue.
