Boca Raton council approves stricter rules on public land deals after failed referendum

Brandon Schaad, Development Services Director at City of Boca Raton
Brandon Schaad, Development Services Director at City of Boca Raton
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Boca Raton city officials have approved a new ordinance aimed at increasing oversight of public land deals. The city council voted 3 to 1 in favor of the measure, which will require two public hearings and documented findings to justify how proposed land sales or leases serve the public interest.

The ordinance comes after a judge blocked a proposed referendum that would have required voter approval for any sale or lease of public land larger than half an acre. The referendum, which had gathered thousands of signatures from registered voters, was ruled unconstitutional by Palm Beach County Circuit Court Judge Joseph Curley following a lawsuit filed by Boca Raton attorney Ned Kimmelman. Jon Pearlman, founder of Save Boca—a grassroots organization that supported the referendum—said the judge’s decision is currently under appeal.

Pearlman commented on the new law: “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.”

Brandon Schaad, director of development services for Boca Raton, explained that the updated code establishes a “higher standard” for handling sales or transfers of city-owned property. The ordinance requires notifying individuals living within 500 feet of any half-acre property considered for sale or lease at least ten days before the first hearing. Any such transaction must fulfill a public purpose—such as generating revenue for the city, delivering substantial community benefits, or enhancing recreational, cultural, or economic opportunities for residents.

Mayor Scott Singer stated: “We should not let the perfect be the enemy of the good.” He described his proposal as an improvement over previous practices.

However, Councilmember Andy Thomson opposed both One Boca and Singer’s ordinance. He said he did not consider it “meaningful” and cast his vote against it.

The controversy around public land deals stems largely from a pending 99-year lease agreement with developers Terra and Frisbie Group to build a mixed-use community near Brightline’s Boca Raton station—a deal already backed by planning authorities but facing significant community opposition. Under current plans presented by Deputy City Manager Andrew Lukasik, Terra and Frisbie would construct three buildings up to 130 feet tall on 7.8 acres at Northwest Second Avenue and Northwest Fourth Street. The development would include nearly 950 residential units (condos and apartments), office space covering 120,000 square feet, retail areas totaling about 79,100 square feet, a grocery store spanning 30,000 square feet, and a hotel with 180 rooms. As part of their agreement with the city last year—which saw them selected over four other proposals—Terra and Frisbie also committed to revamping Boca Raton’s existing city hall campus.

While further referendums on future land deals are uncertain due to legal challenges to Save Boca’s petition effort, there will be one exception: A special referendum on March 10 will allow voters to decide on whether Terra and Frisbie can proceed with their planned project known as One Boca.

At this week’s meeting where oversight measures were passed into law, council members also introduced an ordinance approving terms for Terra and Frisbie’s long-term lease deal. Plans call for redeveloping only portions east of Northwest Second Avenue after residents objected to earlier versions encompassing more space; initial proposals had called for roughly twice as much total development area.



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