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Council adopts zoning, franchise and historic‑status ordinances; approves undersea cable easement over Spanish River Park

Boca Raton City Council · September 9, 2025
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Summary

Council approved a set of ordinances including a zoning text change to allow taller buildings on large R‑5 master‑plan sites, multiple nonexclusive waste franchises, a clarification of the Singing Pines historic designation, amendments to the downtown TIF plan, and a contested sale of an undersea‑cable easement in Spanish River Park (4–1).

The council acted on a batch of regulatory and contractual items after the redevelopment discussion concluded.

Zoning: Ordinance 5,741 (text amendment) allows planned developments of 100 acres or more in the R‑5 district to build up to 100 feet where additional setbacks (1 foot per 2 feet above 25 feet) are met; staff and the Planning & Zoning Board recommended approval and the council adopted the ordinance 5–0.

Franchises: The council approved several nonexclusive construction and demolition (C&D) and commercial solid‑waste franchise agreements, including ordinances authorizing agreements with Waste Management Inc. of Florida, Panzarella Waste & Recycling Services, All County Waste Inc., and FCC Environmental Services Florida LLC. Staff summarized FY2024 revenues for those lines and said each applicant met minimum code requirements; all three franchise ordinances were adopted 5–0.

Historic designation: Council adopted ordinance 5,747 to clarify that the 1988 historic designation for Singing Pines (the Merrick‑Williams House) applies to the structure rather than to the underlying land; staff recounted the house’s relocation history and the body added language affirming that the building may be relocated while retaining historic status to enhance public use; vote 5–0.

Downtown plan: The council adopted ordinance 5,748 to amend the amended downtown community redevelopment plan (TIF) to update marketing policy, add a community policing policy and list planned projects; staff noted projects will be adjusted if relocation of buildings does not proceed.

Spanish River easement: The most contentious item was ordinance 5,749, authorizing the sale of an underground easement in Spanish River Park to Telcius Cable USA for an undersea cable connection priced to the city appraisal at roughly $2.6 million. Staff and the applicant said the project would use existing conduits where possible, is contingent on state FDEP approvals, and includes a payment schedule; the applicant provided a 10% deposit and agreed the city would refund most of the first payment if state permits were denied (the city would retain the deposit). Opponents raised zoning, environmental review and private‑property encroachment concerns; resident William Swain said he was not notified and asked the city to guarantee cables would not cross his property. After discussion the council adopted the easement ordinance 4–1 (Councilmember Thompson voted no), and staff said further city permits and state approvals remain required before construction can proceed.

Votes at a glance: ordinances 5,741, 5,743, 5,744, 5,745, 5,746, 5,747 and 5,748 adopted unanimously (5–0); ordinance 5,749 (Spanish River easement) passed 4–1.