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LEGAL APPROVAL "",*, 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!\...., W 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 f '~. , ['- :r r"I ca ca :r ca ~. Ul . I'- :r r"I ca caca :r :r ca ca UlUl OFFICIAL Postage $ Certified Fee r'~ Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ SentTo""_":'~ \~O~'(' ('r<~~,.x' Q ~ ~~'l.~L~t~.N_.h~.~!TJ.._.~1'.f:~.n_."TCi'jii..n 'SiieerAiiCNo.; I... IJ ,Ci:l' ,r l.. or PO Box NO~~!.Sm!Y.!..?t.!_~.,.!~._..._.G_.m.n.....,--..'_"""""" 'cliY.'stiife:ZIP~ {. '::l , J f I 3 & l/ 0 I Vtf'e.s1"" rA "" r.J0AW\ Postmark Here ru ru 0 0 0 C'::I 0 0 0 0 r"I r"I Ul Ul 0 0 ru ru 0 0 0 0 ['- ['- . Complete items 1,2. and 3. Also complete Item 4 If Restricted Delivery is desired. . Print your name and address on the reverse so that we can retum the card to you. . AttalJll this card to the back of the mailpiece. or on the front If space permits. 1. Article Addressed to: 'Iv, lh Ct.1lo\ lit. ~ oS ~ Ooose: C~e.'f Ci /<'/1',., J..ubrft..., fY\ ~ -e,. ~ YhG J1 AIOIe. 'I- O/y JJ,pIJll S/~- IJ oi:L~ R tt1141l. 10ft. ~ ( q- T"- We.s1" P.t>lm t8~L~, fL ~~Clol 3. ServIce Type iii' CertIfIed Mall [] Express Mall 'A Registered [] Retum Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes SENDER: COMPLETE THIS SECTION 2. Article Number (1iansfer from service 1BbeI) 1 0'0 d- PS Form 3811. Feb 2004 '7 102595-02-M-1540( I'- ::r r"I <0 Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) <0 :r <0 1.1) CI r"I 1.1) CI .'~~ ~', ;, -\ : ~\ J ,..., .~/ / Postmark Here ru CI CI CI Jru CI CI I'- Sent To Vv. ~ 1 fl"\. (l.. \ ~o ~ '(' u'h<:>,~-~~~\(~d~L~_lVuby..b;r~ ]']I~'f(.,~ TN. ~~ ",,-< . Street, Apt No,; h_. U mu UhmhUn_'ij'rCU.'hU, orPOBoxNo~/~ N ':t'} I I.J 01\1 unu__mhu~'h,u',L,un! I Q, "tlC. Ci~ City, State, ZIP+4 Un 'hUU"UhmhUUn,.nulmne~'UUhm_U ~'e&7"' ?A lY1\ f3B/( U{, f) 331/ 0 I PS Form 3800 January 2001 See Reverse for Instructions - 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 <<> G AND ZONING DEPARTMENT , '-" 'tl <1l "tl ':; ~ Q. <1l I-~ Q.<1l _:::. WO u~ wg a:~ :J Q)::.s 0<(0 .- :c: c: :E '. Q) ~ cn06 roW::: ...-~ (/)LLc::: o t= ,1:1 a. a: t; . <1l cnwE . 0 :;)ue. '" ~ ~ _ <1> :gI 0- '" ~ ~ ~j ~~ ~ -g n..~ ~.~ D.. -.= .~&: ~tE ~ &!'E ~'E o E~ al~ ~~ :2~ D:.g ~.g e: Ole: ~ II!;!:! Ms. Donna Harris, Planner State of Florida Dept. of Community Affairs Div. of Community Planning 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 i I" i :ot ; oot'i~ i Pi~ i . ~~ : <> Qi: ~ '0 . , - ~. ti ~ ~. (__:t I: I 1 :1' ~i cr 2 \.&.; ~ 4; (t' ~ <Livl()i en -!: :,.c S~i 1; ty) , , , ' ~! i~ ~"ti Ei , ~, ~ c '~' '\I ffl ~ VJ i t(' d' 'VI - .. { : wi a ~ i Vl; r- ~ ~; I/Ji" ~ .. ~ I', "';+ 'It E 11~ ~ :~ ~ : ~ _it. ~ :J!f 4.. 0.. 0 c-:<( co :,f;! 'ii ~ --hio :C/) ~ -\-'''Q'c ~ ~ O'Jlti) (; :0 , , OE~~ ~h~S 2000 O~SO 200L OE~~ ~h~S 2000 O~SO 200L IIIII I 7/t1W 03/:1111133 ..........;~;a;~~;;~~;;~;:a~;~:n:~;~;~~.......... IH91H 3Hl 013dOl3^N3 ,0 dOllV H3~~11S 3~Vld OE~~ 9h~S 2000 O~SO 200L (8.. ,~; ~L"I.I. ,~..,z m,..,.",.i:I"i ~,.~I. ,CD," , 0" " 12" i,';m".""..,.i, : ~~,& ' i_I\) 1\ ~ \ '0 "'~" ,,J...~.. ...P..; '~':r<~,: '!:, ;,~,'" '~'" .,., .'.,~"t,';',> ';,:~,: 7> " ,(\ .... ;\~.. ':~tl1~i~ ~'l ~ C) l' ,,'~Bi ; ';,;i t;i:t" ," - I !;~~'U] ;;',~;:~~;.' ,'ri',. ."." ,. .',., '~R'-'~ 'S: ,ei!(:t';.J '~', "cP ~ .t.. ",'......1) .......i:J 'iiI)r'tt'e,,'ih)'~ :2'~,.. ,t "'., ~ "" "i '5' 1,1",',' ~,',.,t , '''-",' .1- :L.:,". . ..... 'S') , ' 9'~'-', (" " I i' ...:-. ........; '~ ~.---..; ...,.... - .;;...;. - - - - -.-.,.. SENDER: COMPLETE THIS SECTION . Complete Items 1. 2. and 3. Also complete Item 4 If Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this carel to the back of the mallplece; or on the front If space permits. 1. Article Addressed to: ~~NQ., HSVltl-,'s, fJlf)~ t:>-( ctf'c. 0 -E T l. 0... t7l: o..c ~CHY""'n - p.. P f ~} Il& (.)}". 00\- C(oYY'l"'7>"l' (lhaw,.,t~ ')..S S SO S~ Un" AA.d O,JL~,,,J "'~~l An C8":', r I ~')..!iq- ~loc) 2. Article Number ..., (Transfer from service 1abeI) ,00 do PS Form 3811. February 2004 Do' c;J 7) 6"C:rD ~ Domestic Return R~pt 102595-02-M-1540 COMPLETE THIS SECTION ON DELIVERY A. Signature x o Agent o Addressee C. Date of Delivery B. Received by (J?rlflted Name) ;. ~. ~: ~' ~--- : ~"; , ~~- O. Is dellv9tY.fddress different from Item 1? 0 Yes If YEs.WkdhWfy ~0t2 0 No 3. ServIce "TYPe o CertIfIed Mall 0 Express Mall o Registered 0 Retum Receipt for Merchandise o Insured MaJID C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes b~u..~ <b\, U.S..Postal Service CERTIFIED MAIL RECEIPT ~ . (Domestic Mail Only; No Insurance Coverage Provided) CJ rn r=I co Postage $ ,."'~ " ," co :r ca Ul Certified Fee ru CJ CJ CJ Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) CJ r"I b Total Postage & Fees $ 8-. ~ " 'y,~- , . }' Postmark Here Sent To 1)o.,...1V'I" I'" Ill(t~~ p, .. u 1Jff\ ~ -~~~t'~i~'~;~';~=a~~~n~,~~~,,;~,n CJ 'ciiy.-siaie.'ziP~4' n" n, n" n, n m n, n n n, n n, n mn n", ,&.1 Jls;L n"" n, n n, I'- --II'> 1'1 ~h~~'S-e\! If} '3 ).'~:lt'i-)..l(56 ;.. - - II &. . - & - . .. , ,~ 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 ~ \diI ~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 PLACE STICKER AT TO~~~S E~6E60~E rJgT~~~ ~\~~T OF THE RETURN ADD . ... . . . . .. . . . . . . .......... CERTiFiED .;ViAIL ~ l \\t \\ \\\\\\\U,~ lIlt \,~ 7002 0510 0002 5848 8154 - 7002 0510 0002 5848 8154 , Q: g 22: ~ ~: \l i!~ ;? . en: 0 .-:;:\ =< lit, OJ :.,'1\ 0 rll.jD: ~ ?l,:Si . V' ':;;: ,c,.:7 - -' t;,!: 0 :;;:: c: ') - \\J:'~: , c 1.:O",,:i) ~ io it\ ?". :.... :() 4 \f'/I \0 .... : 0 ;1: "'t') : I) ::.\ - \t \fc; .\,lJIo/I Vlit1>icl- .c.l~~1S 'i : ~ ifo, .c:.:~ : ~~ ;; i' (.Nt- ~~ o :G t :- m:o m ~ ~m. 8-:0 et ~a ~~ "8 ~~ ~3 0 i ;3.0 a:o ro ~ :II~ ~~ ~ \J AD ~~.g-s ~ ~ i a';r [;r 'T1 <<5 en Sro _CD m (D <F> 1J Ilil CD - '" ~ ;<- oOe om' ~:D~ (I) "tJ g:::::!o :;;:-nC/J lll-.... :::m~ ~C(/) '< (!) -. 3: -: ~_:::. 0".,0 ~F(!) l::"", ~.N ~m ct>O b'm <::- ct>\J ~-I ct> "1J a <:: g: .e, . It- g o :fc' ~'~l:,~. ..... ''''., ~' ...~'" , l::: ''''.,. ' ,'. , .., ',....::too. '-> " ' if' .~ '; , ''r'O ,',..... ',.... ,- '. ',',',.~ ,"", ),T,;,i~'{~~~,~ ~ ",o,.,i"~"J(t.", , ',,:1s _.,..in ".'.'.., ,;~l.;. \:.: 1>,.,s,:., .;'t~,;.R Jl '~'I~ . ""..0 1'0'" \l~';'.~,,", ',' '~..~"'l ,;:i.tt : " ii\l~" J( ...,.~.,,~).~T' ,..""~'..~ ,a."."..,',.,',..,'~, .,.,',.~.,...,;,",., ~,',:,," ,o"',",,.~, " ' .....;~..fi.,.,.'," ,,~ 'E..l,irl tQ "iA ,.0.' r' t'" a '~ -= E I . :4 '.8 '"" ,!N< . Complete items 1. 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: rYH'c..h A"t ( B \) '1 h ~ ,~ iJ,'r1. .-,-~ V"/2...c, Co AtT Koe<;' 0 N I> '- f J 6 IVM~ C o vY'vC.. I. , bo I C. Oceo..,J t9vJ, S1'-e 600 s'f" /) .,. Kl1 F J... ~ l{~ , 'I by ( Printed Name) c;,.... \ ~ d '-- D. Is delivery address different from Item 1? If YES, enter delivery address below: 3. Service Type ~ Certified Mail 0 Express Mall ~ Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number ~ (fransferfrom service labeQ I t-;C':~ (".-J .- -(: 'L:'D{).3- S};4 b S I~- PS Form 3811. February 2004 Domestic Return Receipt 102595-02-M-1540 1 .- U.S. Postal Service ' " CERTIFIED MAIL RECEipT : (Domestic Mail Only; No Insurance Coverage 1"fovided) " :r ~ In. ") qJ ,- '~I :r - Postage l~~~_.;:'1S~ ,_ I qJ I /",' ,,1 L.f") Certified Fee l-- ::) _ ~ ,- ,II' -..J.) 1/ ' . ru CJ CJ CJ Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Pustl~la:-k HAre ru CJ CJ l"- CJ .-:=t Ul CJ Sent To "'" I" U")O, I I ,.,-:0~~,.~,f?.~,~,~,~"1<,~:",~",,PI,~,~~~,Q,~f\LLL, Street, Apt No,; "'-1 ' A~ .2. or PO Box No 001 'to Oc~ r..J 'old I I!; 1 ~ v 0-0 'CiiY:Sia~z.r~4'~'~~'n;"jjJ--'n'~'~'~'J",u'nu'n"'n ,,.,,.u,,,u 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 ; A~I~ "',- ~ '" ''"' n~p~QTAAENT " ~ . I..;. rVI f s CIJ "tl 'S; o c:t CIJ J-Ol ~ 9:g; wo ()~ Wg a:~ ::J O)::!g 0<(0 .- <: ~ ~ '. 0) ~ C/)Cc5 CiiW~ --~ cnLL-=:: o ;::: ,!2 Q.a:1il . CIJ C/)wE . 0 :;)()9, '" ~ ~ - " ~J: "- .,. 1,1 :-.. ::r "\: :- 9 ti i I -4. ' :1"< ... \..fi : ~ ,j J! -I i-.3 ~ :j :d\ ~ i.,J !rl'l tt : _ : ft, , :r():_ oi~ ~ . V:>i 0 ! - ffi !\f'i~_ .nJ'i' :E_ ~ tl o! 0 itd ~ i() it1 ir & Q~id". let .B .c: -1 i~ ~ :i\; ~ r"':o. ~ :~~ II. 0 .:l:<<: Cll :.l!! :a '" :g,'a:O) ~ ~ !~ ~ 1.€ (J) :CI) 0 :() " Ol <II 1;) o "- ~'O m=o u.~ u.1!? - 'S ~;s .~ g- ~ g 00: =0: ~1: ~1: E~ ~~ ~~ .g~ 0:0 -0 1! a:m 2? !:g. !:g ~9~i ihiS 2000 O~SO 200L ~9~i ihiS 2000 O~SO 200L IIIIIIIJIIIUIIIIIIIIII ~lIlll~ 7/ffW 031:/11.833 ............................................. 3NIl a3Haa l~ ma; SS3~aa~ N~n13~ 3Hl;O lHnl~ 3Hl 013d013^N3 ~o dOll~ ~3~:JI1S 3:J~ld ~9~i ihiS 2000 O~SO 200L 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. yo fOe"'/.. 51 t.IolI. -<": F I U 1./"" - llJ I."\.... I ,..."...po. , ,.. jj(,j /~3~f/~ 3. ServI CertIfIed M [J Expr8Bs Mall . R~I_led 0 Retum Receipt for Merchandise [J Insured Mall [J C.O.D. 4. Restricted Delivery? (Extra Fee) 2. ArtICle Number (>>ansfer fromservtce label) IV?:>:;).. 0 ~-o 00b ~ ~'<6 4- ~ "i3- 1 b I PS Fonn 3811. February 29~ Doniestlc Retum Receipt' . 102595-02.M-fs;" [J Yes --- -- U.S. pj>stal Service ~;!s~!~~~~n/~~'/:~~~~~~le Prov~ed) r"l .D r"I cO Postage $ cO :r cO U1 Certified Fee ru Return Receipt Fee CJ (Endorsement ReqUired) o Restricted Delivery Fee CJ (Erdorsement Required) Total postage & Fees ;11 . ~ It 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 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 CITY OF BOYNTON BEACH, FLORIDA -6- :",;::"::.::~,,,: .- -'" ) " ,/",/ B" >"NTON BEACH MAL.. LOCATION MAP Exhibit A N\ LVl ~ ~~ ~\i 2J~ :z: ffi(l ~ ~ H-i C ~ iTn I I I I I I I I II TTI I1III I I -\ I I I I I I I I I II I II iT11 1111 L I I TlI I 1111 U! I I I I II IIIH I I I T T1 II I I1II I I I I I I I II I II R I I I I I I~ I I ..~;( ~ GJiTO~ III a= c u III '- C L JT ho BOYNTON tC-161 HAL '.1 ~ ~ ~ ~ ~ ~t'---~ ~tt= ~ T III I I I I I II I I I 1I11A...IOQ IIII I-- EBIII I T IhtElLY I l'-~ ~~~l r- /TT ,,~ [LJ~OW I I I ~f~'II' 'I r--- " - L c::~ ~I L ~- ,. ,) {" ~ ~ , ~~~~~~~~ ~ ~_eolOOIl ~ ffilID ffi lI11ID E ~V ~ (OZliiJum ;; \..illIID ffiOlIIlJ :-; \ ~"'--- / ~ lIDIDilIiiWW C~ OlIIlJffil1llIDffi \I II I l I I 01 ro a: LLi :z: u _z ----I i / ~ =-~ t I ~ IT 11 \ '---- n ~ "-t d I--- ~ I- ttc ;:) ~ cQ=Jr BOVNTn~BEAC'~-"~ I 1 I TIlII ilT111111 I I II I .-- II I I r ] r [ p N A 1,100 550 o 1.100 Feet D')OYNTl)IoIB(ACH Df'Z'1'D\((i\Snr-200-C-3.1rJ(; IH/28/OS 10.32 EXHIBIT B I ~' ~'i OJ ' . =i I ~ () ~ s ~~ ~ b -,:. ~Q 2 :;. I ~i i ~ ~ ~ ~ "U 8 ~ g ~ tn (/) VI ~ ~ ; i ~ 8 ~ 0 0 C 2." g : ~ ~ ~ '" g ~ e v. ~ ~ :;l . '" ~ ~ ~ '- o o l ~b /';" ~d Vi~ "'.. 0" >> ~a o ~~ ~~ o ~g ", O~ 00 ~~ "'''' ,,0 ~Z oC 00: ~~ ~ OONO;;O: g8~~~ ~~~:8 ~~;~~ ;:g~~~ ~ ~MUJ~ ~~F~8 b5",X"tJ 5~~~~ ~:'~~~ ~I:~i:ii OtDr(? ~~~{; . Xt"')C ~,,~~ ~~8a o~gz " ~~~~ >:!J.....O Of'l1_:;O a~~~ ..Z~O ipo l'T1 ~ >l~ iii.i!~~:;O ~'" /';~ ~:t~,.,~ "tJQ~"tI ~~8~ j!:IOz 8..0 ~,-p~ :~~i5 :~~ ~"..~. ~!O~i.n '" 0 JI .........-.-:: ~ ~ ~ ~ ~ ;s: o 0 .. '" " " ~ g .. '" ~ ~ o 0 '" c o ~ a ~ (/)O::E"Utn!E: FJ~'ii~~~ ::~o~~o 'rO:~~";' ~g~~g~ ~~~~r9 E~z~~ ~~gag (/)~O 0 OO~~~ I;r~ . ;"~g~~ o '" o ~ o :>J ~ " ~ ~~ I "'r: '" ~:-" ~8 "'''' ~~ 0", ",p " ~~ '.e d ~ ~ ~ ~ i m ~ ~~ I t2 e r-8 !!l >: ~ ~ $ ~ ~ 0: ~ ~ .' o ~ o " ~ ~ ~ -; ~ ~ ~ e ~ ~ r ~ .. 0: " ~ ~ "i ~ a > il: o > ~ ~ ~QQ~VJ~ ~~~~~~ ~~~~[ri m:>: E o ~ ,.. '" ~ '" '" " '" ~ ~~ ~II~ ~ II '~.~ ~ O/O>NOUOIJ>.) :'" ..... ~ !D~.o!'J.-O ~ ; ;~;;;i ~ /-" " ,,~ '0 o.'i.n '" "'0 '" "'0 . ~ SIMON .....,. 12CJ045,J8.00000 BOYNTON BEACH MAll 801 NORTH CONGRESS AVENUE BOYNTON BEACH. FL 33426 MASTER PlAN URS National City Ccnta lISW,W__ ........,.u..1N<Q04 317.636.1600 URS~__ 7650_Coumeyc..-~ T...... Fb1da 33807 (813) 218-1111 ~__No,OOOOOOO2 I~ 11/)/1I5 ......._1JEI~ I/,I _ ~ _ w ,. 1t 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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 ~ ~ ~ 'f.-ff-OS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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 -1- /g'r 510 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 -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 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. -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. P~.tcIt> ~ FIRSI D1M)DKJ this _ day of , 2005. ~ _~~C~ffi~lNr~E1NALJ>A88AGEthis aa)'itf - l "OQ5 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk -6-