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LEGAL APPROVAL The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org December 26, 2005 Mr. Thomas Marsciano, AICP URS Corporation Southern, Inc. 7650 West Courtney Campbell Causeway Tampa, FL 33607-1462 Re: File No: Location: Boynton Beach Mall NOPC #5 MPMD 05-007 Boynton Beach Mall Dear Mr. Marsciano: Due to circumstances in our system, the enclosed copy of the Resolution #05-059 granted by the City Commission for the above subject, is just now being forwarded to you for your files. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, 2JJ.~ Michael W. Rumpf Director of Planning & Zoning Enclosure - Reso #05-049 Cc: JCP Associates, Inc. - 115 W Washington St., Indianapolis IN 46204 w/enc. S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall\MPMD 05-007\Approvalletter after CC.doc II t RESOLUTION NO. R05-~4q 2 3 4 5 A RESOLUTION OF THE CITY OF BOYNTON 6 BEACH, FLORIDA, AMENDING THE BOYNTON 7 BEACH MALL DEVELOPMENT OF REGIONAL 8 IMPACT DEVELOPMENT ORDER, ADOPTED BY 9 THE CITY ON NOVEMBER 16, 1982, AND to AMENDED ON DECEMBER 19, 1989, MARCH 5, 1 t 1991, FEBRUARY 20, 1996, AND JULY 7, 1998; 12 MAKING FINDINGS OF FACT AND 13 CONCLUSIONS OF LAW PERTAINING TO THE 14 BOYNTON BEACH MALL DEVELOPMENT OF 15 REGIONAL IMPACT, ADDING MULTISCREEN 16 THEATER AS AN APPROVED USE, AND 17 CONSTITUTING THIS RESOLUTION AS A t 8 DEVELOPMENT ORDER BY THE CITY OF 19 BOYNTON BEACH IN COMPLIANCE WITH LAW; 20 AND PROVIDING AN EFFECTIVE DATE. 21 22 23 24 WHEREAS, a Development Order (the "Original Development Order") was approved 25 by the Board of County Commissioners of Palm Beach, County (Resolution No. R-74-343) on 26 May 7, 1974 and thereafter adopted by the City of Boynton Beach ("City") on November 16, 27 1982; and 28 WHEREAS, the Development Order was amended on December 19, 1989 by 29 esolution No. 89-UUU; on March 5, t 991, by Resolution No. R91-37; on February 20, 1996 30 Y Resolution No. R96-26; and on July 7, 1998, by Resolution No. R98-123; and 31 WHEREAS, Thomas Marsicano, Vice President of URS Corporation Southern, Inc., 32 gent for Simon Property Group, the property owner, has filed with the City a Notice of 33 roposed Change to the previously approved development order for the Boynton Beach Mall 34 evelopment of Regional Impact, in accordance with Section 380.06(19), Florida Statutes; and 35 WHEREAS, Simon Property Group proposes to convert 169,510 square feet of gross -1- II leasable retail to a 79,500 square foot multi screen movie theater with 3,650 seats; and 2 WHEREAS, this amendment request is governed by Section 380.06(19), Florida 3 ~tatutes, for a substantial deviation determination; and 4 WHEREAS, the City Commission as the governing body of the City of Boynton Beach ~ ; 5 ras jurisdiction, pursuant to Chapter 380, Florida Statutes, and is authorized and empowered to i onsider Notices of Proposed Change to the current Development Order for the Boynton Beach 6 7 all Development of Regional Impact; and 8 WHEREAS, the City Commission has determined that the proposed change does not 9 onstitute a substantial deviation under Chapter 380, Florida Statutes; and 10 WHEREAS, the City Commission on l::1AAC'-\ 15 , 2005, held a duly noticed 11 ublic hearing on the Notice of Proposed Change and has heard and considered the testimony 12 aken thereat; and 13 WHEREAS, the applicant has submitted a traffic study which complies with all 14 rdinances and requirements of the City; and 15 WHEREAS, the City Commission has received and considered the recommendations 16 f the Treasure Coast Regional Planning Council and made the following Findings of Fact and 17 onclusions of Law: 18 FINDINGS OF FACT 19 1. The proposed Development IS not in an Area of Critical State Concern 20 esignated pursuant to the provisions of Section 380.05, Florida Statutes. 21 2. The State of Florida has not adopted a land development plan applicable to the 22 rea in which the proposed Development is to be located. 23 3. The proposed Development is consistent with the report and recommendations -2- II 1 of the Treasure Coast Regional Planning Council submitted pursuant to Section 380.06(12), 2 Florida Statutes. 3 4. The proposed Development is consistent with the City's comprehensive plan 4 and zoning land development regulations. 5 5. The Notice of Proposed Change does not constitute a substantial deviation from 6 the previously approved Development Order. 7 6. The premises are correct and hereby accepted by the City. 8 CONCLUSIONS OF LAW 9 NOW THEREFORE, be it resolved by the City Commission of Boynton Beach, that 10 said City Commission makes the following conclusions of law: II 1. That in a public meeting, duly constituted and assembled this MAPCH. 15 , l2 ! ~005, the Development Order for the Boynton Beach Mall Development of Regional Impact is 13 i pereby amended as follows: 14 1.1. The Notice of Proposed Change by Simon Property Group is incorporated 15 ; herein by reference, and relied upon by the Parties in discharging their statutory duties under 16 Chapter 380, Florida Statutes. The Applicant is Simon Property Group and shall hereafter 17 . include the successors and assigns of Simon Property Group. Substantial compliance with the 18 representations contained in the Notice of Proposed Change as modified by the terms and 19 conditions herein is a condition of approval. For purposes of this condition, the Development 20 Order shall include those matters submitted in all previously approved Development of 21 Regional Impact Notice of Proposed Changes. 22 1.2. The Developer is authorized to construct no more than 1,074,939 square feet of 23 . tretail gross leasable space and a 79,500 square foot multiscreen movie theater with 3,650 seats -3 - II 1 on the real property within the Boynton Beach Mall Development of Regional Impact. 2 2. Except as specifically amended herein, all conditions specified in the Original 3 Development Order (Resolution No. R-74-343) approved by the City on November 16, 1982 4 and subsequent amendments to the Development Order for the Boynton Beach Mall 5 Development of Regional Impact shall remain in full force and effect. 6 7 BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY OF 8 BOYNTON BEACH, FLORIDA, AS FOLLOWS: 9 1. Any modifications or deviations from the approved plans or requirements of the , I 10 i Development Order shall be submitted to the Planning and Zoning Director for a I I I 11 I determination by the City Commission of the City of Boynton Beach as to whether the change I 12 I constitutes a substantial deviation as provided in Section 380.06(19), Florida Statutes. The I 13 .1 City Commission of the City of Boynton Beach shall make its determination of substantial 14 .1 deviation at a public hearing after notice to the Applicant. , I IS! 2. The City of Boynton Beach shall monitor the development of the project to I 16 fnsure compliance with this Development Order. The City of Boynton Beach Planning and I 17 izoning Director shall be the local official assigned the responsibility for monitoring the ! 18 ~evelopment and enforcing the terms of the Development Order. The Planning and Zoning I 19 Pirector may require periodic reports of the Applicant with regard to any item set forth in this 20 Development Order. 21 3. This Development Order shall terminate on December 31, 2010 unless extended 22 by the City Commission. Nothing herein shall limit or extinguish any vested rights of the 23 Applicant, its successors or assigns regarding the existing square footage of gross leasable area -4- II 1 of the existing Boynton Beach Mall. 2 4. The definitions found in Chapter 380, Florida Statues, shall apply to this 3 Development Order. 4 5. The City of Boynton Beach hereby agrees that before December 31, 2010, the 5 . J3oynton Beach Shopping Mall Development of Regional Impact shall not be subject to down 6 i f:oning, unit density reduction, or intensity reduction, unless the City demonstrates that : i I i 7 8 9 10 11 12 13 14 l5 16 17 18 19 20 21 22 23 ubstantial changes in the conditions underlying the approval of the Development Order have ccurred, or that the Development Order was based on substantially inaccurate information rovided by the Developer, or that the change is clearly established by the City of Boynton each to be essential to the public health, safety or welfare. 6. This Development Order shall be binding upon the Applicant and its assignees r successors in interest. It is understood that any reference herein to any governmental agency hall be construed to mean any future instrumentality which may be created and designated as uccessor in interest to, or which otherwise possesses any of the powers and duties of any eferenced government agency in existence on the effective date of this Development Order. 7. The approval granted by this Development Order is conditional and shall not be onstrued to obviate the duty of the Developer to comply with all other applicable local, state nd federal permitting requirements. 8. In the event that any portion or section of this Resolution is deemed to be nvalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in o manner affect the remaining portions or sections of this Resolution, which shall remain in ull force and effect. 9. A certified copy of this Resolution shall be transmitted immediately by certified -5 - II 1 mail to the Department of Community Affairs, the Treasure Coast Regional Planning Council, 2 and Simon Property Group. 3 10. This Resolution shall become effective immediately upon passage. 4 PASSEDANDADOPTEDthis~dayof~,2005. 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 tn.~ ,. .~- ., ~. _....;;..;.:.:~...;.~l CITY OF BOYNTON BEACH, FLORIDA ___ _... ...uu.._ ____ ,I to; ('. .c::::....L........ .>/ !~>''-_/~ __" JrnrnISSlOn'er-- /---- .~~~~ Commissioner -6- .:..:c-,.-.,.... ..., ) /~ B'tSVNTON BEACH MALL LOCATION MAP Exhibit A ~ D~ !t;;tI ~ ~~ LVi t=\~ ui c. ~ ~~c JTO ~ I[ '- 1 I I 1 1 1 I I II I I rr rr -IT ho ~ ~ ~ L-..- L ( C:1 ~ .-1 II ~ I- ~ 7'JJ~ ~ *~ I ~ m I rn KI'hlL" i - EfJt3WmE i~ ~tr 11 I If I []r II II TTII ~ [f!!i =t=i z u _2 ----1 i / I 11 I~ r- ~IIIII r 11111111111111 I I 1\ I ~ _liiiID nnm ffi I1111IJ E /" I I I ~ B ~ TI111 j =~~ ~tI faaWl · \@IIJ ffllllIlIl ~ ~ 1 ffinn~~c - ~ ~ lllllDffimID1ffi ---- II Ir J ~ . I f I N A 1.100 550 o 1,100 Feet D\1DYMTOQE1Ol lIl't9\IW\ATtooftO-C-J.riI'G tvan5 , EXHIBIT B . . ~~t:9ill .~Mle! ~ ~II = ~: ~!~;i I!ij ; ~: : a :: ;~~~! ;~19~ a 1\ 1\ I ~a ~~FSa 1112~f5 l(l Cl J:l _il ~gl' ~ INri! a ~ ~ ~ ~~ ~~:~~ ~~~c ~ I ~ I ~~ .. ~~Illl I" ,. ~ ~ -,. ~~ ~ a 8'" .2 c: ~ ~ ~ S ~i ~gn~ l(l ~ f -I 6~~z ~ ~ ~ ~ ~UI ~ 0 ~e.. ~ ;, i !ill JI l II ~ ~~~U~ c~ I ~ i ~ ~ ~ ~! ~ ~ ~ ~ ~n~n B ; ~ ~ a dd~~ i~ e ~ e ~ .. B e ~ ~ ~~~!~ ~ ~ ~ ~ ~I!!~ i ~ ! ~ i i . ~ j ~ 6 i I;~ 19~ ~ .. e i f s , ~s i19 ~ e I ~ ~i i~ z .. ..~ .. ell ~ ~ o VI 11II . il~~ ~ 1-; "1-'" ~ ~ ~liiiiH1~i:l _ . !II:"""" ';.., r "'- - t;~ p ~ ~ ~ ~ ~ ~~ ~ ~ o~~~t~ . ~ I BOYNTON BEACH MALL I I I I i J-I 101 NOImt CXJfrrICJMSS A\;IENUE SIMON URS IIO'/NTON lEACH. F\._ I I I =i ~ -""'.,.. I UlllI~_ C') I MASTER PlAN 115.,.,,__ i --eo.n..,~,,",- -.- - ---,IN_ T___ IIU1_.m J17.1J6.1tIID ............ ........ .... IICIOIIOOII2 -- -- --- The City of Bovnton Beach ~:\\':.O". ' ~'-"'-'" " 0 .' , ' ~. \ ~',.', j ,- '::,:"",,:'" //::.J~.' . ", ., . .'-- ~.' City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org CERTIFICATION I, JANET M. PRAINITO, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that Ordinance No. 05-049, consisting of six (6) pages, Exhibit A, consisting of one (1) page, an Exhibit B, consisting of one (1) page, are true and correct copies as they appear in the records of the City of Boynton Beach, Florida, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 16th day of March 2005. ~ 'tn. ~k, . J ET M. PRAINITO, CMC CITY CLERK DRl CERTIFICATIONS\certification - Boynton Beach Mall.doc America's Gateway to the Gulfstream