Council approves Boca Center CIMD site-plan amendment, directs staff to finalize affordability declaration

The Boca Raton City Council on Oct. 8 approved a site-plan amendment for the Boca Center property at 1800 North Military Trail that would reconfigure a previously approved office campus into a six-story, 295-unit commercial-industrial multifamily development (CIMD) including 10% affordable and 5% workforce units.

Staff and the applicant said the project meets the city’s CIMD ordinance eligibility and development standards. Peter Begovich, senior planner in Development Services, told council the amendment would use 295 of the 2,000 units authorized citywide under ordinance 5,684 and would add pedestrian connections, internal circulation and a five-level parking structure. Begovich said staff recommended approval and that Planning & Zoning had voted 5-0 in favor.

The applicant and development team highlighted public benefits. Ellie Zacharias, counsel for the applicant, noted the project will extend an existing shared-use path and provide on-site retail adjacency; developer David Abers and project representatives emphasized there are no variances requested and that they exceed program requirements for retail, transit access and on-site amenities.

Council members pressed staff about the administration and enforcement of the 30-year affordability covenant required by the CIMD ordinance. Several council members and outside counsel raised concerns about third-party income verification, owners’ obligations, and whether the covenant form was overly prescriptive for future applicants. Brandon, the development services director, said staff drafted the covenant from scratch and had revised the form after recent meetings with the applicant.

To balance those concerns, the council amended the development order language to permit a declaration of covenants and restrictions substantially similar to the document attached to the agenda but "subject to revisions acceptable to city staff." The motion (moved by Council member Thompson; seconded) added a dispute-resolution provision: if the applicant and staff cannot agree on a final declaration, the proper form will be determined by the city council prior to issuance of a building permit. The amendment also directed staff to work with the applicant and invited other prospective CIMD applicants to provide input during a 60-day window for revision and review.

Council voted 5-0 to approve the site-plan amendment as amended. Under the approved conditions the developer must record the finalized declaration prior to building permit issuance; the council also retained the option to review any unresolved declaration dispute before permits are issued.

Next steps: staff will finalize language with the applicant and, if necessary, return to council for resolution of any disagreement before a building permit is granted.