AGENDA DOCUMENTS
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DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 05-032
TO:
Janet Prainito
City Clerk ;(7
KlYlV'
Michael W. Rumpf
Planning and Zoning Director
FROM:
DATE:
February 7,2005
SUBJECT:
Boynton Beach Mall DR!
DRIA 05-002
Accompanying this memorandum you will find a copy of a request for a legal advertisement
prepared for the March 15, 2005 Boynton Beach City Commission meeting for the above-
referenced DR! amendment application. The application fee for staff processing and review has
been forwarded to the Finance Department. The legal advertisement will be forwarded to your
office, after review by the City Attorney.
S:\Planning\SHARED\WP\PROJECTS\BB Mall 2005 \DRIA 05-002\MEMO-LEGAL.doc
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a Legal Notice or
Legal Advertisement published and must be submitted to the Office of the City Attorney eight
(8) working days prior to the first publishing date requested below.
ORIGINATING DEPARTMENT: Planning and Zoning Division
PREPARED BY: Michael W Rumpf
DATE PREPARED: February 7,2005
BRIEF DESCRIPTION OF NOTICE OR AD: Boynton Beach Mall notice of proposed change to
the DRI development order requesting the conversion of 90,010 existing leasable
square feet of retail space to a 79,500 square foot multi-screen movie theater
with 3,650 seats
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section
Placement, Black Border, etc.)
Pursuant to Chapter 38006 (19) (f) of Florida SLU there appear to be no special
requirements ~
SEND COPIES OF AD TO: Planning & Zoning Division, Thomas A Marsicano and William R
Boose III, agents, Newspaper, City Attorney
NEWSPAPER(S) TO PUBLISH: The Post (newspaper of general circulation), since this is a
project of regional impact
DA TE(S) TO BE PUBLISHED: February 28, 2005
APPROVED BY:
(1) 1.-0 ~
(Division Head)
c>J - ~. o-S-
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
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
Chapter 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 870 58' 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 140 01' 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 90 05' 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 200 05' 26" E to a point; thence N 000 05' 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
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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 X
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 90,010 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
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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
RESOLUTION NO. R05-_
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING THE BOYNTON BEACH MALL
DEVELOPMENT OF REGIONAL IMP ACT DEVELOPMENT
ORDER, ADOPTED BY THE CITY ON NOVEMBER 16, 1982,
AND AMENDED ON DECEMBER 19, 1989, MARCH 5, 1991,
FEBRUARY 20, 1996, AND mLY 7, 1998; MAKING
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PERTAINING TO THE BOYNTON BEACH MALL
DEVELOPMENT OF REGIONAL IMP ACT, ADDING
MULTISCREEN THEATER AS AN APPROVED USE AND
REDUCING THE RETAIL SQUARE FOOTAGE, 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 Original 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 (collectively
"Development Order"); 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
WHEREAS, Simon Property Group proposes to convert ~ square feet of gross
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leasable retail to a 79,500 square foot multi screen movie theater with 3,650 seats; and
StECr/otJ
WHEREAS, this amendment request is governed by J)1aPter 380.06(19), Florida
Statutes, for a substantial deviation detennination; 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 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 du1y 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
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
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Statutes. Lf
4. The proposed Development is consistent with the City's comprehensive plan and
zoning and' evelopment 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
Regional Impact Notice of Proposed Changes.
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1.2. The Developer is authorized to construct 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
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Development Order (Resolution No. R-74-343) approved by the City on November 16, 1982 and
subsequent amendments to the Original 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
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Development Order shall be submitted to the Planning 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
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ensure compliance with this Development Order. The City of Boynton Beach Planning Director
71
shall be the local official assigned the responsibility for monitoring the development and
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enforcing the terms of this Development Order. The Planning Director may require periodic
, ~
reports of the Applicant with regard to any item set forth in this 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 or its successors or assigns regarding the development authorized by the Development
Order and this amendment to the Development Order.
4. The definitions found in Chapter 380, Florida Statutes, shall apply to this
Development Order.
5. The City of Boynton Beach hereby agrees that before December 31, 20 I 0, the
Boynton Beach Shopping Mall Development of Regional Impact shall not be subject to down
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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 parties and their 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.
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.
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PASSED AND ADOPTED this
ArrEST:
City Clerk
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day of
~ 2005.
Mayor
Vice-Mayor
Commissioner
Commissioner
Commissioner
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