Boca Raton council approves first CIMD project, with staff-directed refinements to affordability declaration

The Boca Raton City Council voted unanimously Oct. 8 to approve a site‑plan amendment for the Boca Center CIMD at 1800 North Military Trail, authorizing a six‑story, 295‑unit multifamily building that will set aside 10% of units as affordable and 5% as workforce housing.

City staff described the project as the city’s first use of the CIMD provisions established in Ordinance 56‑84 and said it would use 295 of the citywide CIMD unit bank. Peter Begovich, senior planner, told the council the project includes a five‑level integrated parking structure, private and public pedestrian connections to nearby retail and transit, and a public shared‑use path extension the applicant will construct as part of the approval.

The critical point of debate centered on a required declaration of covenants and restrictions — a recorded document that will enforce income eligibility and other affordability requirements for 30 years. Council members and development representatives agreed the declaration must be enforceable but differed over whether the council should sign off on the final recorded form before a building permit is issued. Staff and the city attorney proposed language allowing staff to make revisions that are “acceptable to city staff,” with a clear fallback: if applicant and staff cannot agree, the final form will be returned to the council for determination before any building permit is issued. The council adopted that approach.

Developer representatives emphasized the project’s public benefits and urged the council not to delay approval. David Abbers, representing the applicant, said the team reduced technical impacts, worked with staff on the declaration and preferred moving forward: “Don’t let perfection be the enemy of good,” he said, noting the team’s willingness to continue negotiating minor revisions.

Council members pressed staff on enforcement mechanics and who would verify incomes for affordable and workforce units. Staff said the property owner must receive and verify tenant applications and documentation, while the city retains an enforcement role. Begovich and the development services director explained income‑qualification bands used for the units: affordable units up to 120% of area median income (AMI) and workforce units up to 140% AMI; staff gave monthly rent examples based on 2024 limits, noting covenants will run for 30 years.

The Planning & Zoning board had recommended approval 5‑0; staff likewise recommended approval with the recorded declaration described in the council motion. Councilmembers agreed to give staff and the applicant a window to negotiate the final declaration, require revisions acceptable to staff, and require council resolution of unresolved disputes prior to permitting. The motion to approve the site plan amendment passed 5‑0.

The project will move to subsequent permitting, and the developer must record the final declaration — or secure council approval of any disputed revisions — before the city issues a building permit. The council also directed staff to convene a broader review with other prospective CIMD applicants and to schedule follow‑up discussion of the declaration form as a template for future CIMD applications.