Boca Raton is reexamining its Commercial-Industrial Multi-family Development (CIMD) ordinance following concerns that developers are circumventing its intent by incorporating amenities like gyms to meet commercial requirements.

The CIMD ordinance permits the conversion of certain commercial or industrial zones into residential areas, provided that a portion includes commercial businesses to maintain community vibrancy. However, some developers have been adding facilities such as small gyms or tutoring centers—technically open to the public but primarily serving residents—to fulfill this mandate.

A notable instance is the Bocora at City Center project at 6419 Congress Avenue. To comply with the ordinance, a planned private gym was transformed into a 2,086-square-foot public facility. Critics argue this move doesn't align with the ordinance's goal of fostering businesses that genuinely serve the broader community.

In response, the city's Planning and Zoning Board unanimously recommended amending the ordinance to exclude gyms, fitness centers, and personal services like tutoring from counting toward the commercial requirement. A city staff memorandum emphasized that such uses don't fulfill the intent of providing retail sales or services within CIMD projects.

The proposed revision aims to define "retail sales or services" more precisely, focusing on businesses that sell goods directly to consumers. It would explicitly exclude facilities that primarily offer on-site activities or memberships, ensuring that qualifying commercial spaces are distinct, publicly accessible operations with separate entrances and signage.

Additionally, the amendment stipulates that these businesses must operate at least 45 hours per week, a reduction from the initially proposed 60 hours, to ensure they serve the community effectively.

The City Council is expected to review and potentially adopt these changes in an upcoming meeting, aiming to uphold the ordinance's original purpose of integrating meaningful commercial spaces into residential developments.