LEGAL APPROVAL
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DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
R<<t ~'T'f.#Ift.-J. ot. Cw:iJf M
March 18, 2005 .
William R. Boose
Boose Casey Ciklin Lubitz Martens McBane & O'Connell
515 North Flagler Drive - 19th Floor
West Palm Beach, Florida 33401
Re: Boynton Beach Mall NOPC #5
For: Request for Amendment of Boynton Beach Mall DR!
File No.: DRIA 05-002
Location: North side of Old Boynton Road approximately 900 feet west of Congress Avenue
~
Dear~,
Enclosed is a certified copy of the City of Boynton Beach Resolution #05-049 for DRIA #05-002,
which represents approval of the conversion of 169,510 existing leasable square feet of retail space at
the Boynton Beach Mall to a 79,500 square foot multi-screen movie theater with 3,650 seats and
17,528 square feet of new retail space. The City Commission approved this request on March 15,2005.
Should you have any questions regarding this matter, please contact this office at (561) 742-6260.
Sincerely,
~chael W. Rumpf
11 Planning and Zoning Director
Enc. Resolution No. 05-049
City of Boynton Beach . 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310
Phone: (561) 742-6350 . www.c1.boynton-beach.org
310-
J BEACH, FLORIDA
33425-0310
If!\....,
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Mr. William R. Boose
Boose Casey Ciklin Lubitz Martens McBane &
O'Connell
515 North Flagler Dr., 19th Floor
West Palm Beach, FL 33401
NG AND ZONING DEPARTMENT
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DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
t2.c "J ~ [) 'Te--J. "I- C-e,J.of. ~
March 18, 2005 .
Ms. Donna Harris, Planner
State of Florida Department of Community Affairs
Division of Community Planning
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Re:
For:
File No.:
Location:
Boynton Beach Mall NOPC #5
Request for Amendment of Boynton Beach Mall DR!
DRIA 05-002
North side of Old Boynton Road approximately 900 feet west of Congress Avenue
Dear Ms. Harris,
Enclosed is a certified copy of the City of Boynton Beach Resolution #05-049 for DRIA #05-002,
which represents approval of the conversion of 169,510 existing leasable square feet of retail space at
the Boynton Beach Mall to a 79,500 square foot multi-screen movie theater with 3,650 seats and
17,528 square feet of new retail space. The City Commission approved this request on March 15,2005.
Should you have any questions regarding this matter, please contact this office at (561) 742-6260.
Sincerely,
~Michael W. Rumpf
tI Planning and Zoning Director
Enc. Resolution No. 05-049
City of Boynton Beach . 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310
Phone: (561) 742-6350 . www.c1.boynton-beach.org
310
\J Bt;:A~, FLORIDA
33425-0310
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G AND ZONING DEPARTMENT
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1. Article Addressed to:
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DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
~e,"~1'-e.uo.!.... Ce,;f,~: eel
March 18, 2005 .
Mr. Michael Busha, Executive Director
Treasure Coast Regional Planning Council
301-E Ocean Boulevard #300
Stuart, Fl 34994
Re: Boynton Beach Mall NOPC #5
For: Request for Amendment of Boynton Beach Mall DR!
File No.: DRIA 05-002
Location: North side of Old Boynton Road approximately 900 feet west of Congress Avenue
~
Dear~,
.
Enclosed is a certified copy of the City of Boynton Beach Resolution #05-049 for DRIA #05-002,
which represents approval of the conversion of 169,510 existing leasable square feet of retail space at
the Boynton Beach Mall to a 79,500 square foot multi-screen movie theater with 3,650 seats and
17,528 square feet of new retail space. The City Commission approved this request on March 15,2005.
Should you have any questions regarding this matter, please contact this office at (561) 742-6260.
Sincerely,
Enc. Resolution No. 05-049
City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310
Phone: (561) 742-6350 . www.c1.boynton-beach.org
YNTO~ BEACH BLVD.
3TO
J BEACH, FLORIDA
33425-0310
~
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~G AND ZONING DEPARTMENT
Mr. Michael Busha
Executive Director
Treasure Coast Regional Planning Council
301 E. Ocean Blvd. Ste 300
Stuart, FL 34994
-' 7002 0510 0002 5848 8154
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or on the front if space permits.
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PS Form 3800, January 2001 See Reverse for Instructions
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
~e,\'6~4-"" C~T';~~
March 18,2005
Thomas A. Marsicano
Vice President
URS Corporation Southern, Inc.
P.O. Box 31646
Tampa, FL 33607-1462
Re:
For:
File No.:
Location:
Boynton Beach Mall NOPC #5
Request for Amendment of Boynton Beach Mall DR!
DRIA 05-002
North side of Old Boynton Road approximately 900 feet west of Congress Avenue
~
Dear Mr. M~r<:lkall6,
-
Enclosed is a certified copy of the City of Boynton Beach Resolution #05-049 for DRIA #05-002,
which represents approval of the conversion of 169,510 existing leasable square feet of retail space at
the Boynton Beach Mall to a 79,500 square foot multi-screen movie theater with 3,650 seats and
17,528 square feet of new retail space. The City Commission approved this request on March 15,2005.
Should you have any questions regarding this matter, please contact this office at (561) 742-6260.
Sincerely,
~Michael W. Rumpf
() Planning and Zoning Director
Enc. Resolution No. 05-049
City of Boynton Beach . 100 East Boyrlton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310
Phone: (561) 742-6350 . www.c1.boynton~ach.org
IYNTON BEACH BLVD.
310 ,
~ BEACH, FLORIDA
33425-0310
CD
Mr. Thomas A. Marsicano
Vice President
URS Corporation Southern, Inc.
PO Box 31646
Tampa, FL 33607-1462
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SENDER: COMPLETE THIS SECTION
. Complete items 1. 2, and 3. Also complete
item 4 If Restricted Delivery is desired.
. Print your name and acldress on the reverse
so that we can retum the card to yol,J.
. Attach this card to the back of the mailpiece;
or on the front if space pennlts.
1. Article Addressed to:
'1'h oM fO A. m~~" cAt-,) 0, \leA PARs
u ~:s e.o fL-P. So~f'<<.Q,::p...c.
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4. Restricted Delivery? (Extra Fee)
2. ArtICle Number
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The City of Bovnton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@cLboynton-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 the attached copy of Resolution 05-049,
consisting of six (6) pages, Exhibit A, consisting of one (1) page, Exhibit B,
consisting of (1) page, and Exhibit C, consisting of (2) pages is a true and
correct copy as it appears in the records of the City of Boynton Beach,
Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON
BEACH, FLORIDA, dated this 17th day of March 2005.
/)~~~,
J ET M. PRAINITO, CMC
CITY CLERK
s: ICC\ WPVA CKIEICertijicationsIOrdinance(2) 04-049,doc
America's Gateway to the Gulfstream
1 RESOLUTION NO. R05- oi./GJ
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
10 AMENDED ON DECEMBER 19, 1989, MARCH 5,
11 1991, FEBRUARY 20, 1996, AND JULY 7, 1998;
12 MAKING FINDINGS OF FACT AND
13 CONCLUSIONS OF LA W PERTAINING TO THE
14 BOYNTON BEACH MALL DEVELOPMENT OF
15 REGIONAL IMPACT, ADDING MULTI SCREEN
16 THEATER AS AN APPROVED USE, AND
17 CONSTITUTING THIS RESOLUTION AS A
18 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 5,1991, 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-
1 easable retail to a 79,500 square foot multiscreen 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 as jurisdiction, pursuant to Chapter 380, Florida Statutes, and is authorized and empowered to
6 onsider Notices of Proposed Change to the current Development Order for the Boynton Beach
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 l1f\AC\-\ t 5 , 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 fthe 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-
1 fthe Treasure Coast Regional Planning Council submitted pursuant to Section 380.06(12),
2 lorida Statutes.
3
4.
The proposed Development is consistent with the City's comprehensive plan
4 nd zoning land development regulations.
5 5. The Notice of Proposed Change does not constitute a substantial deviation from
6 he 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 aid City Commission makes the following conclusions of law:
11 1. That in a public meeting, duly constituted and assembled this MA~t\ IS ,
12 005, the Development Order for the Boynton Beach Mall Development of Regional Impact is
13 ereby amended as follows:
14 1.1. The Notice of Proposed Change by Simon Property Group is incorporated
15 erein by reference, and relied upon by the Parties in discharging their statutory duties under
16 hapter 380, Florida Statutes. The Applicant is Simon Property Group and shall hereafter
17 nclude the successors and assigns of Simon Property Group. Substantial compliance with the
18 epresentations contained in the Notice of Proposed Change as modified by the terms and
19 onditions herein is a condition of approval. For purposes of this condition, the Development
20 rder shall include those matters submitted in all previously approved Development of
21 egional Impact Notice of Proposed Changes.
22 1.2. The Developer is authorized to construct no more than 1,074,939 square feet of
23 etail gross leasable space and a 79,500 square foot multi screen movie theater with 3,650 seats
-3 -
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n the real property withjn the Boynton Beach Mall Development of Regional Impact.
2. Except as specifically amended herein, all condjtjons specified in the Original
evelopment Order (Resolution No. R-74-343) approved by the Gty on November 16, 1982
nd subsequent amendments to the Development Order for the Boynton Beach Mall
evelopment of Regional Impact shall remain in full force and effect.
BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY OF
OYNTON BEACH, FLORIDA, AS FOLLOWS:
1. Any modjfications or deviations from the approved plans or requirements of the
Development Order shall be submitted to the Planning and Zoning Director for a
determination by the City Commission of the City of Boynton Beach as to whether the change
constitutes a substantial deviation as provided in Sectjon 380.06(19), Florida Statutes. The
City Commission of the City of Boynton Beach shall make its determination of substantial
deviation at a public hearing after notice to the Applicant.
2. The City of Boynton Beach shall monitor the development of the project to
nsure compliance with this Development Order. The City of Boynton Beach Planning and
oning Director shall be the local official assigned the responsibility for monitoring the
evelopment and enforcing the terms of the Development Order. The Planning and Zoning
irector may require periodic reports of the Applicant with regard to any item set forth in this
evelopment Order.
3. This Development Order shall terminate on December 31, 2010 unless extended
y the City Commission. Nothing herein shall limit or extinguish any vested rights of the
Applicant, its successors or assigns regarding the existing square footage of gross leasable area
-4-
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f the existing Boynton Beach Mall.
4. The definitions found III Chapter 380, Florida Statues, shall apply to this
evelopment Order.
5. The City of Boynton Beach hereby agrees that before December 31, 2010, the
oynton Beach Shopping Mall Development of Regional Impact shall not be subject to down
oning, unit density reduction, or intensity reduction, unless the City demonstrates that
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 -
1 ail to the Department of Community Affairs, the Treasure Coast Regional Planning Council,
3
10.
This Resolution shall become effective immediately upon passage.
2 nd Simon Property Group.
4
ASSED AND ADOPTED this 15 day of M A KC H
,2005.
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CITY OF BOYNTON BEACH, FLORIDA
-6-
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B" >"NTON BEACH MAL..
LOCATION MAP
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SIMON
.....,. 12CJ045,J8.00000
BOYNTON BEACH MAll
801 NORTH CONGRESS AVENUE
BOYNTON BEACH. FL 33426
MASTER PlAN
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EXHIBIT "e"
Conditions of Approval
Project name: Boynton Beach Mall
File number: MPMD 05-007
Reference: 2nd review plans identified as a Master Plan Modification with a January 24, 2005 Planning & Zoning
date stamp marking.
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) 5.c. the application for a X
,.
~
,
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
proposed change 1S presumed to be a substantial deviation. This
presumption may be rebutted by clear and convincing evidence.
2. Provide notice of concurrency (Traffic Performance Standards Review) X
from Palm Beach County Traffic Engineering.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall\MPMD 05-007\COA,doc
eevt~ VetUte.N ~-I~-o5
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RESOLUTION NO. R05-
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING THE BOYNTON
BEACH MALL DEVELOPMENT OF REGIONAL
IMPACT DEVELOPMENT ORDER, ADOPTED BY
THE CITY ON NOVEMBER 16, 1982, AND
AMENDED ON DECEMBER 19, 1989, MARCH 5,
1991, FEBRUARY 20, 1996, AND JULY 7, 1998;
MAKING FINDINGS OF FACT AND
CONCLUSIONS OF LAW PERTAINING TO THE
BOYNTON BEACH MALL DEVELOPMENT OF
REGIONAL IMPACT, ADDING MULTISCREEN
THEATER AS AN APPROVED USE, AND
CONSTITUTING THIS RESOLUTION AS A
DEVELOPMENT ORDER BY THE CITY OF
BOYNTON BEACH IN COMPLIANCE WITH LAW;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, a Development Order (the "Original Development Order") was approved
by the Board of County Commissioners of Palm Beach, County (Resolution No. R-74-343) on
May 7, 1974 and thereafter adopted by the City of Boynton Beach ("City") on November 16,
1982; and
WHEREAS, the Development Order was amended on December 19, 1989 by
Resolution No. 89-UUU; on March 5, 1991, by Resolution No. R91-37; on February 20, 1996
by Resolution No. R96-26; and on July 7, 1998, by Resolution No. R98-123; and
WHEREAS, Thomas Marsicano, Vice President of URS Corporation Southern, Inc.,
agent for Simon Property Group, the property owner, has filed with the City a Notice of
Proposed Change to the previously approved development order for the Boynton Beach Mall
Development of Regional Impact, in accordance with Section 380.06(19), Florida Statutes; and
-1-
WHEREAS, Simon Property Group proposes to convert 169,510 square feet of gross
leasable retail to a 79,500 square foot multi screen movie theater with 3,650 seats; and
WHEREAS, this amendment request is governed by Section 380.06(19), Florida
Statutes, for a substantial deviation determination; and
WHEREAS, the City Commission as the governing body of the City of Boynton Beach
has jurisdiction, pursuant to Chapter 380, Florida Statutes, and is authorized and empowered to
consider Notices of Proposed Change to the current Development Order for the Boynton Beach
Mall Development of Regional Impact; and
WHEREAS, the City Commission has determined that the proposed change does not
constitute a substantial deviation under Chapter 380, Florida Statutes; and
WHEREAS, the City Commission on , 2005, held a duly noticed
public hearing on the Notice of Proposed Change and has heard and considered the testimony
taken thereat; and
WHEREAS, the applicant has submitted a traffic study which complies with all
ordinances and requirements of the City; and
WHEREAS, the City Commission has received and considered the recommendations
of the Treasure Coast Regional Planning Council and made the following Findings of Fact and
Conclusions of Law:
FINDINGS OF FACT
1. The proposed Development is not in an Area of Critical State Concern
designated pursuant to the provisions of Section 380.05, Florida Statutes.
2. The State of Florida has not adopted a land development plan applicable to the
-2-
area in which the proposed Development is to be located.
3. The proposed Development is consistent with the report and recommendations
of the Treasure Coast Regional Planning Council submitted pursuant to Section 380.06(12),
Florida Statutes.
4. The proposed Development is consistent with the City's comprehensive plan
and zoning land development regulations.
5. The Notice of Proposed Change does not constitute a substantial deviation from
the previously approved Development Order.
6. The premises are correct and hereby accepted by the City.
CONCLUSIONS OF LAW
NOW THEREFORE, be it resolved by the City Commission of Boynton Beach, that
said City Commission makes the following conclusions of law:
1. That in a public meeting, duly constituted and assembled this
2005, the Development Order for the Boynton Beach Mall Development of Regional Impact is
hereby amended as follows:
1.1. The Notice of Proposed Change by Simon Property Group is incorporated
herein by reference, and relied upon by the Parties in discharging their statutory duties under
Chapter 380, Florida Statutes. The Applicant is Simon Property Group and shall hereafter
include the successors and assigns of Simon Property Group. Substantial compliance with the
representations contained in the Notice of Proposed Change as modified by the terms and
conditions herein is a condition of approval. For purposes of this condition, the Development
Order shall include those matters submitted in all previously approved Development of
-3 -
Regional Impact Notice of Proposed Changes.
1.2. The Developer is authorized to construct no more than 1,074,939 square feet of
retail gross leasable space and a 79,500 square foot multi screen movie theater with 3,650 seats
on the real property within the Boynton Beach Mall Development of Regional Impact.
2. Except as specifically amended herein, all conditions specified in the Original
Development Order (Resolution No. R-74-343) approved by the City on November 16, 1982
and subsequent amendments to the Development Order for the Boynton Beach Mall
Development of Regional Impact shall remain in full force and effect.
BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AS FOLLOWS:
1. Any modifications or deviations from the approved plans or requirements of the
Development Order shall be submitted to the Planning and Zoning Director for a
determination by the City Commission of the City of Boynton Beach as to whether the change
constitutes a substantial deviation as provided in Section 380.06(19), Florida Statutes. The
City Commission of the City of Boynton Beach shall make its determination of substantial
deviation at a public hearing after notice to the Applicant.
2. The City of Boynton Beach shall monitor the development of the project to
ensure compliance with this Development Order. The City of Boynton Beach Planning and
Zoning Director shall be the local official assigned the responsibility for monitoring the
development and enforcing the terms of the Development Order. The Planning and Zoning
Director may require periodic reports of the Applicant with regard to any item set forth in this
-4-
Development Order.
3. This Development Order shall terminate on December 31,2010 unless extended
by the City Commission. Nothing herein shall limit or extinguish any vested rights of the
Applicant, its successors or assigns regarding the existing square footage of gross leasable area
of the existing Boynton Beach Mall.
4. The definitions found III Chapter 380, Florida Statues, shall apply to this
Development Order.
5. The City of Boynton Beach hereby agrees that before December 31, 2010, the
Boynton Beach Shopping Mall Development of Regional Impact shall not be subject to down
zoning, unit density reduction, or intensity reduction, unless the City demonstrates that
substantial changes in the conditions underlying the approval of the Development Order have
occurred, or that the Development Order was based on substantially inaccurate information
provided by the Developer, or that the change is clearly established by the City of Boynton
Beach to be essential to the public health, safety or welfare.
6. This Development Order shall be binding upon the Applicant and its assignees
or successors in interest. It is understood that any reference herein to any governmental agency
shall be construed to mean any future instrumentality which may be created and designated as
successor in interest to, or which otherwise possesses any of the powers and duties of any
referenced 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
construed to obviate the duty of the Developer to comply with all other applicable local, state
and federal permitting requirements.
-5 -
8. In the event that any portion or section of this Resolution is deemed to be
invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in
no manner affect the remaining portions or sections of this Resolution, which shall remain in
full force and effect.
9. A certified copy of this Resolution shall be transmitted immediately by certified
mail to the Department of Community Affairs, the Treasure Coast Regional Planning Council,
and Simon Property Group.
10. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of , 2005.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
City Clerk
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
-6-
(/~1ED a-It, -os
t
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN the City Commission of the CITY OF BOYNTON BEACH, FLORIDA,
will conduct a Public Hearing at 7:00 P.M. or as soon thereafter as the agenda permits on Tuesday,
March 15, 2005, in the City Hall Commission Chambers, 100 East Boynton Beach Boulevard,
Boynton Beach, Florida. The purpose of this public hearing is for consideration of a proposed change
to the Boynton Beach Mall Development Order as amended by City of Boynton Beach and
determination as to whether or not the proposed change constitutes a substantial deviation to the
approved development order with respect to the following described property located within the
corporate limits of said City, pursuant to the request of the parties in interest and in compliance with
Section 380.06(19), Florida Statutes.
REQUEST: Boynton Beach Mall
Notice of Proposed Change to a previously approved Development of Regional
Impact
LEGAL DESCRIPTION:
A tract of land located in Section 19, Township 45 South, Range 43 East, County of Palm
Beach, Florida and further described as follows:
Beginning at the Southeast corner of Section 19, T 45 S, R 43 E, thence N 000 59' 39" W
along the East line of said Section 19, a distance of 1,898.10 feet to a point; thence S 890 00'
21" W, a distance of 60.00 feet to a point on the westerly right-of-way line of Congress
Avenue, said point also being the principal point and place of beginning of the following
description:
Thence S 880 05' 26" W, a distance of 846.73 feet to a point; thence S 430 32' 54" W, a
distance of 57.02 feet to a point; thence S 000 59' 39" E, a distance of 258.27 feet to a point;
thence S 160 46' 44.2" E, a distance of 199.60 feet to a point; thence S 000 59' 39" E, a
distance of 102.20 feet to a point; thence S 440 46' 34" E, a distance of 14.45 feet to a point on
the northerly line of Boynton West Road (formerly Old Boynton Road); thence N 89046' 34" W,
along said northerly line, a distance of 1684.25 feet to a point; thence N 000 51' 51" W, a
distance of 1228.05 feet to a point; thence N 87058' 21" E, a distance of 52.34 feet to a point;
thence 227.77 feet along a curve to the left, having a radius of 145.00 feet and a chord of
205.06 feet, bearing N 420 58' 21" E to a point; thence N 20 01' 39" W, a distance of 23.67 feet
to a point; thence 134.54 feet along a curve to the right, having a radius of 240.00 feet and a
chord of 132.78 feet, bearing N 14001' 53.5" E to a point; thence 234.57 feet along a curve to
the left, having a radius of 320.00 feet and a chord of 229.36 feet, bearing N 9005' 26" E to a
point; thence N 110 .54' 34" W, a distance of 70.00 feet to a point; thence 294.96 feet, along a
curve to the right, having a radius of 325.00 feet and a chord of 284.94 feet, bearing N 14005'
26" to a point; thence 293.22 feet along a curve to the left, having a radius of 420.00 feet and a
chord of 287.30 feet, bearing N 20005' 26" E to a point; thence N 00005' 26" E, a distance of
145.00 feet to a point; thence N 88005' 26" E, a distance of 1738.97 feet to a point; thence S
00059' 39" E, a distance of 472.86 feet to a point; thence N 88005' 26" E, a distance of 328.87
feet to point on the Westerly line of Congress Avenue; thence S 000 59' 39" E, along said
Westerly line, a distance of 130.01 feet to a point; thence N 460 27' 06" W, a distance of 56.11
feet to a point; thence S 880 05' 26" W, a distance of 430.00 feet to a point; thence S 000 59'
39" E, a distance of 609.99 feet to a point; thence N 88005' 26" E, a distance of 430.00 feet to
a point; thence N 430 32' 54" E, a distance of 57.02 feet to a point on the Westerly line of
Congress Avenue; thence S 000 59' 39" E, along said Westerly line, a distance of 170.01 feet
to a point; thence N 460 27' 06" W, a distance of 56.11 feet to a point; thence S 880 05' 26" W,
a distance of 608.00 feet to a point; thence S 000 59' 39" E, a distance of 230.00 feet to a
,
Page 2
Notice of Public Hearing
Boynton Beach Mall
point; thence N 880 05' 26" E, a distance of 340.00 feet to a point; thence S 00059'39" E, a
distance of 150.00 feet to a point; thence S 880 05' 26" W, a distance of 340.00 feet to a point;
thence S 000 59' 39" E, a distance of 229.99 feet to a point; thence N 880 05' 26" E, a distance
of 608.00 feet to a point; thence N 430 32' 54" E, a distance of 57.02 feet to a point on the
Westerly line of Congress Avenue; thence S 000 59' 39" E, along said Westerly line, a distance
of 130.01 feet to the principal point and place of beginning and containing 107.75 acres of
land, more or less.
AND
A parcel of land lying in Section 19, Township 45 South, Range 43 East, Palm Beach County,
Florida, being more particularly described as follows;
Commence at the center of Section 19; thence N 00 51' 51" W along the North South ~
Section line of said Section, a distance of 35.00 feet; thence N 870 58' 21" E, a distance of
20.00 feet to the principal point and place of beginning of the following description:
Thence continuing N 87058' 21" E a distance of 20.01 feet to a point; thence N 0051' 51" W,
along a line 40.00 feet East of and parallel with said North South ~ Section line, a distance of
1191.23 feet to a point on the South right-of-way line of Boynton Canal; thence N 880 05' 26"
E. along said South right-of-way line, a distance of 432.99 feet to a point; thence S 00 05' 26"
W. a distance of 145.00 feet to a point; thence 293.22 feet along an arc to the right, having a
radius of 420.00 feet and a chord of 287.30 feet fearing S 200 05' 26" W; thence 294.96 feet,
along an arc to the left having a radius of 325.00 feet and a chord of 284.94 feet, bearing S
14005' 26" W; thence S 11054' 34" E, a distance of 70.00 feet to a point; thence 234.57 feet,
along an arc to the right, having a radius of 320.00 feet and a chord of 229.36 feet bearing S
90 05' 26" W; thence 134.54 feet, along an arc to the left having a radius of 240.00 feet and a
chord of 132.78 feet, bearing S 14001' 53" W; thence S 020 01' 39" E, a distance of 23.67 feet
to a point; thence 227.77 feet, along an arc to the right having a radius of 145.00 feet and a
chord of 205.06 feet, bearing 42058' 21" W; thence S 870 58' 21" W, a distance of 72.34 feet
to a point; thence N 00 51' 41" W a distance of 85.00 feet to the point of beginning and
containing 8.614 acres of land more or less.
CONTAINING:
116.364 ACRES GROSS LAND AREA
LOCATION:
Approximately 850 feet west of the intersection of Congress Avenue and
Old Boynton Road; Boynton Beach, Florida.
PROPOSED
CHANGES:
The request is for the conversion of 169,510 existing leasable
square feet of retail space to a 79,500 square foot multi-screen
movie theater with 3,650 seats.
APPLICANT:
Simon Property Group, Inc.
AGENT:
Thomas A. Marsicano
URS Corporation Southern, Inc.
All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any
person who decides to appeal any decision of the City Commission with respect to any matter
considered at this meeting will need a record of the proceedings and for such purpose may need to
Page 3
Notice of Public Hearing
Boynton Beach Mall
ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual
with a disability an equal opportunity to participate in and enjoy the benefits of a service, program or
activity conducted by the City. Please contact Patricia Tucker (561) 742-6268 at least twenty-four
hours prior to the program or activity in order for the City to reasonably accommodate your request.
PUBLISH: Palm Beach Post
February 28, 2005
s:\projects\Boynton Beach MALL\DRIA\legal ad
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
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RESOLUTION NO. R05-_
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING THE BOYNTON
BEACH MALL DEVELOPMENT OF REGIONAL
IMPACT DEVELOPMENT ORDER, ADOPTED BY
THE CITY ON NOVEMBER 16, 1982, AND
AMENDED ON DECEMBER 19, 1989, MARCH 5,
1991, FEBRUARY 20, 1996, AND JULY 7, 1998;
MAKING FINDINGS OF FACT AND
CONCLUSIONS OF LAW PERTAINING TO THE
BOYNTON BEACH MALL DEVELOPMENT OF
REGIONAL IMPACT, ADDING MULTISCREEN
THEATER AS AN APPROVED USE, AND
CONSTITUTING THIS RESOLUTION AS A
DEVELOPMENT ORDER BY THE CITY OF
BOYNTON BEACH IN COMPLIANCE WITH LAW;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, a Development Order (the "Original Development Order") was approved
by the Board of County Commissioners of Palm Beach, County (Resolution No. R-74-343) on
May 7, 1974 and thereafter adopted by the City of Boynton Beach ("City") on November 16,
1982; and
WHEREAS, the Development Order was amended on December 19, 1989 by
Resolution No. 89-UUU; on March 5, 1991, by Resolution No. R91-37; on February 20, 1996
by Resolution No. R96-26; and on July 7, 1998, by Resolution No. R98-l23; and
WHEREAS, Thomas Marsicano, Vice President of URS Corporation Southern, Inc.,
agent for Simon Property Group, the property owner, has filed with the City a Notice of
Proposed Change to the previously approved development order for the Boynton Beach Mall
Development of Regional Impact, in accordance with Section 380.06(19), Florida Statutes; and
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WHEREAS, Simon Property Group proposes to convert~square feet of gross
leasable retail to a 79,500 square foot multiscreen movie theater with 3,650 seats; and
WHEREAS, this amendment request is governed by Section 380.06(19), Florida
Statutes, for a substantial deviation determination; and
WHEREAS, the City Commission as the governing body of the City of Boynton Beach
has jurisdiction, pursuant to Chapter 380, Florida Statutes, and is authorized and empowered to
consider Notices of Proposed Change to the current Development Order for the Boynton Beach
Mall Development of Regional Impact; and
WHEREAS, the City Commission has determined that the proposed change does not
constitute a substantial deviation under Chapter 380, Florida Statutes; and
WHEREAS, the City Commission on
, 2005, held a duly noticed
public hearing on the Notice of Proposed Change and has heard and considered the testimony
taken thereat; and
WHEREAS, the applicant has submitted a traffic study which complies with all
ordinances and requirements of the City; and
WHEREAS, the City Commission has received and considered the recommendations
of the Treasure Coast Regional Planning Council and made the following Findings of Fact and
Conclusions of Law:
FINDINGS OF FACT
1. The proposed Development is not in an Area of Critical State Concern
designated pursuant to the provisions of Section 380.05, Florida Statutes.
2. The State of Florida has not adopted a land development plan applicable to the
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area in which the proposed Development is to be located.
3. The proposed Development is consistent with the report and recommendations
of the Treasure Coast Regional Planning Council submitted pursuant to Section 380.06(12),
Florida Statutes.
4. The proposed Development is consistent with the City's comprehensive plan
and zoning land development regulations.
5. The Notice of Proposed Change does not constitute a substantial deviation from
the previously approved Development Order.
6. The premises are correct and hereby accepted by the City.
CONCLUSIONS OF LAW
NOW THEREFORE, be it resolved by the City Commission of Boynton Beach, that
said City Commission makes the following conclusions of law:
1. That in a public meeting, duly constituted and assembled this
2005, the Development Order for the Boynton Beach Mall Development of Regional Impact is
hereby amended as follows:
1.1. The Notice of Proposed Change by Simon Property Group is incorporated
herein by reference, and relied upon by the Parties in discharging their statutory duties under
Chapter 380, Florida Statutes. The Applicant is Simon Property Group and shall hereafter
include the successors and assigns of Simon Property Group. Substantial compliance with the
representations contained in the Notice of Proposed Change as modified by the terms and
conditions herein is a condition of approval. For purposes of this condition, the Development
Order shall include those matters submitted in all previously approved Development of
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Regional Impact Notice of Proposed Changes.
1.2. The Developer is authorized to construct no more than 1,074,939 square feet of
retail gross leasable space and a 79,500 square foot multi screen movie theater with 3,650 seats
on the real property within the Boynton Beach Mall Development of Regional Impact.
2. Except as specifically amended herein, all conditions specified in the Original
Development Order (Resolution No. R-74-343) approved by the City on November 16, 1982
and subsequent amendments to the Development Order for the Boynton Beach Mall
Development of Regional Impact shall remain in full force and effect.
BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AS FOLLOWS:
1. Any modifications or deviations from the approved plans or requirements of the
Development Order shall be submitted to the Planning and Zoning Director for a
determination by the City Commission of the City of Boynton Beach as to whether the change
constitutes a substantial deviation as provided in Section 380.06(19), Florida Statutes. The
City Commission of the City of Boynton Beach shall make its determination of substantial
deviation at a public hearing after notice to the Applicant.
2. The City of Boynton Beach shall monitor the development of the project to
ensure compliance with this Development Order. The City of Boynton Beach Planning and
Zoning Director shall be the local official assigned the responsibility for monitoring the
development and enforcing the terms of the Development Order. The Planning and Zoning
Director may require periodic reports of the Applicant with regard to any item set forth in this
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Development Order.
3. This Development Order shall terminate on December 31, 2010 unless extended
by the City Commission. Nothing herein shall limit or extinguish any vested rights of the
Applicant, its successors or assigns regarding the existing square footage of gross leasable area
of the existing Boynton Beach Mall.
4. The definitions found In Chapter 380, Florida Statues, shall apply to this
Development Order.
5. The City of Boynton Beach hereby agrees that before December 31, 2010, the
Boynton Beach Shopping Mall Development of Regional Impact shall not be subject to down
zoning, unit density reduction, or intensity reduction, unless the City demonstrates that
substantial changes in the conditions underlying the approval of the Development Order have
occurred, or that the Development Order was based on substantially inaccurate information
provided by the Developer, or that the change is clearly established by the City of Boynton
Beach to be essential to the public health, safety or welfare.
6. This Development Order shall be binding upon the Applicant and its assignees
or successors in interest. It is understood that any reference herein to any governmental agency
shall be construed to mean any future instrumentality which may be created and designated as
successor in interest to, or which otherwise possesses any of the powers and duties of any
referenced 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
construed to obviate the duty of the Developer to comply with all other applicable local, state
and federal permitting requirements.
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8. In the event that any portion or section of this Resolution is deemed to be
invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in
no manner affect the remaining portions or sections of this Resolution, which shall remain in
full force and effect.
9. A certified copy of this Resolution shall be transmitted immediately by certified
mail to the Department of Community Affairs, the Treasure Coast Regional Planning Council,
and Simon Property Group.
10. This Resolution shall become effective immediately upon passage.
P~.tcIt> ~
FIRSI D1M)DKJ this _ day of , 2005.
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_~~C~ffi~lNr~E1NALJ>A88AGEthis aa)'itf - l "OQ5
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
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