Boca Raton soon may see the effects of Florida’s new law to promote affordable housing.
To recap, the Legislature required cities and counties to approve certain projects without input from elected officials if a project adheres to the Live Local Act. Some residential projects would have to make at least 40 percent of the units affordable to qualify. Others would require just 10 percent.
In July, the city council began discussing ordinances for the city to comply with the law. As late as late week, council members still were trying to work out the details. The council clearly worries about public opposition to projects over which the council has no control.
Some projects likely will be less controversial. Example: a developer has proposed a six-story, 300-unit apartment complex for the north end of Boca Center, on Military Trail. Current rules don’t allow residential. Boca Center, however, is a mixed-use development. Live Local would allow housing there. The developer has submitted the project under the 10 percent standard of Live Local.
Not surprisingly, land-use lawyers have been asking the council and staff to be as generous as possible. Comments last week show how far-reaching the effects could be.
One lawyer cited several areas of Boca Raton that don’t allow residential but could qualify for Live Local projects. Those that don’t border single-family neighborhoods—like the one in Boca Center—might not generate much pushback.
But the lawyer also mentioned the Palmetto Park Square shopping center where Kmart closed its store four years ago. That space remains vacant. A redesigned center, the lawyer said, could accommodate a four- to six-story apartment project with adequate buffering against adjoining homes.
How deep is the council getting into the Live Local ordinances? Discussion has gone way beyond building height. Last week, it got into lobbies, amenities and apartment size. Council members worry about public opposition on one hand and potential lawsuits from developers—arguing that the city is too restrictive—on the other.
I’ll have more as project applications come in.
Syracuse and USF to face off in Boca Raton Bowl
Syracuse University will play the University of South Florida in the Dec. 21 RoofClaim.com Boca Raton Bowl at Florida Atlantic University Stadium.
Both teams finished 6-6, meeting the minimum standard to qualify for a postseason game. Syracuse actually fired its head coach last month. New hire Fran Brown, who had been on the staff at two-time defending national champion Georgia, will lead the Orange against the Bulls. Syracuse is a member of the Atlantic Coast Conference and went just 2-6 in league play.
Though South Florida had the same record as Syracuse, the trendline was different. Over the previous three seasons, the Bulls had gone 4-29, after which the university changed coaches. USF went 4-4 this season in the American Athletic Conference, (AAC), which FAU joined this season. The Owls finished just 4-8 overall under new Coach Tom Herman.
Though previous Boca Bowl participants had better records, USF and Syracuse compete in conferences ranked higher than those of teams in prior years. The Atlantic Coast is one of college football’s Power 5 conferences. FAU took a step up from Conference USA to the AAC.
Proposed annexations in Delray Beach
Developers have proposed two annexations into Delray Beach. One got two of three approvals but didn’t get the third and most important one. Another goes before the city commission at today’s meeting.
Both proposals involve properties of about five acres. Both are part of Palm Beach County, but one is surrounded by the city. The other borders the city on several sides. Both have just one home and date to a time when the properties were isolated. Now, they’re amid suburbia.
First up, at the Nov. 14 meeting, was a property at 4594 133rd Road on the city’s northwest edge near Barwick Road. A West Palm Beach-based developer wants to build single-family homes. The proposal requires approval of the annexation, approval of a land use change and approval of density.
Commissioners agreed on the first two. But the developer wants to build 16 homes, and the commission allowed only 10. The density dispute centers on the developer paving and widening the road. Neighbors had concerns about traffic.
Neil Schiller, who represents the developer, said the project could include 22 homes, so the developer is asking for fewer than the maximum. Schiller said the developer, who bought the site last year for $3 million, is “examining all options.”
Commissioners to consider final approval for The Flo Delray
The second proposed voluntary annexation is for an apartment project called The Flo Delray. It’s at 5185 Atlantic Avenue on the city’s west side.
Under county rules, the developer could build 80 units, using a local bonus plan to encourage workforce housing. Under city rules, the developer could build 116 units. Twenty percent would be workforce housing—dwellings priced to make housing attainable for hourly workers.
When the Barwick Road annexation went to the planning and zoning board, the vote was 4-3 to recommend denial. The Flo Delray, however, got unanimous recommendations for all three ordinances. One member said it would improve a faded part of the city. Commissioners could give final approval today.
Mall Wars suit goes to appeals
The owner of the closed Sears store at Town Center Mall has appealed the court ruling against the company’s attempt to develop the site.
Seritage Growth Properties submitted a plan to Boca Raton for a project on its 18 acres. The project would have included 17 buildings with 240,000 square feet of retail and restaurant space and a 1,000-space parking garage. Under the plan, Seritage wanted to separate its property from the mall.
Mall owner Simon Property Group, however, had argued that it had the right to buy those 18 acres after Sears closed in 2018. A year later, Simon sued Seritage.
Last March, a judge ruled for Simon. Since then, Seritage has tried unsuccessfully to stay the final order allowing Simon to buy the property. Now Seritage has gone to the Fourth District Court of Appeal. The company had to post a bond of nearly $3 million in case the trial court ruling prevails.
Boca Bash defendant seeks case dismissal
The man accused of choking his girlfriend at the 2022 Boca Bash wants his case dismissed.
Prosecutors accuse Cole Preston Goldberg of two counts stemming from the incident. In August, prosecutors offered a plea deal that Goldberg rejected. The State Attorney’s Office then raised the more serious charge, domestic battery by strangulation, to second-degree murder.
Last week, Goldberg countered by seeking a dismissal. In the court filing, Goldberg argues that the state produced “no new evidence” to support the murder charge. Prosecutors first had charged Goldberg with attempted felony murder before filing the lesser charge.
Goldberg contends that at trial he would face the prospect of “presumption of prosecutorial vindictiveness” for his refusal to take the deal. He also contends that strangulation doesn’t mean just putting hands on another person’s throat. The person must cut off someone’s air.
I’ll have more when prosecutors file their response.
Boca Regional receives another seven-figure gift
Boca Raton Regional Hospital has received a $2 million donation toward its Keeping The Promise capital campaign from Marc Leder. The co-founder and co-CEO of Boca Raton-based Sun Capital Partners made the gift in the name of his eponymous foundation. Keeping the Promise already has exceeded its goal of $250 million.
Record numbers of nesting sea turtles in Boca
Projections of a record sea turtle nesting season in Boca Raton were accurate. The city had a record 1,394, according to figures from Gumbo Limbo Nature Center.
