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R98-123RESOLUTION NO. R98-/~,~ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING A PRIOR BOYNTON BEACH MALL DRI DEVELOPMENT ORDER, ADOPTED ON FEBRUARY 20, 1996, AND FURTHER AMENDED ON NOVEMBER 16, 1992, DECEMBER 19, 1989 , MARCH 5, 1991. MAKING FINDINGS AND CONCLUSIONS OF LAW PERTAINING TO THE BOYNTON BEACH MALL, A DEVELOPMENT OF REGIONAL IMPACT, AND CONSTITUTING THIS RESOLUTION AS A DEVELOPMENT ORDER BY THE CITY OF BOYNTON BEACH IN COMPLIANCE WITH LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Boynton-JCP Associates, Ltd., (Applicant) has had a Development Order (the "Original Development Order" ) approved by the Board of County Commissioners of Palm Beach. County (Resolution No. R74-343) on May 7, 1974 which was adopted by the City on November 16, 1982; and WHEREAS, the Development Order, was amended on March 5, 1991, pursuant to Resolution R91-37, and last amended on February 20, 1996, by Resolution R96-26; and WHEREAS, Thomas Marsicano, Vice President of URS Greiner, agent for Simon DeBartolo Group, Inc., property owner has filed with the City of Boynton Beach (the "City") a notice of proposed change (NOPC) to the previously approved development order for the Boynton Beach Mall, in accordance with Section 380.06, Florida Statutes; and WHEREAS, the proposed amendment to the DRI is simply to extend the build-out date for the project to December 31, 2000; and -1- WHEREAS, this amendment request is governed by Chapter 380.06(19), Florida Statutes, for a determination of substantial deviation; and WHEREAS, the City Commission as the governing body of the City of Boynton Beach having jurisdiction, pursuant to Chapter 380, Florida Statutes, is authorized and empowered to consider Notices of Proposed Change to the current Development Order for Developments of Regional Impact and the City Commission has determined that the proposed change does not constitute a substantial deviation under Chapter 380, Florida Statutes; and WHEREAS, the City Commissmon on the 7th day of July, 1998, 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 380.06, 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 Statutes. 4. The proposed Development is consistent with the local comprehensive plan, zoning and development laws and regulations of the City. 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 findings of fact: t. That in a public meeting, duly constituted and assembled this 7th day of July, 1998, that the Development of Regional Impact Application for Amended Development Approval approved March 5, 1991, is hereby modified, by amending the conditions, restrictions and limitations under the headings "CONCLUSIONS OF LAW" and ~ CONDITIONS OF DEVELOPMENT ORDER AS AMENDED" set forth in Resolution R91-38 with the following conditions, restrictions and limitations: Application for Development Approval 1. The Notice of Proposed Change by Boynton- JCP Associates, Ltd., is incorporated herein by reference and relied upon by the Parties in discharging their statutory duties under Chapter 380, Florida Statutes. The Applicant is Boynton-JCP Associates, Ltd., and shall hereafter include the successors and assigns of Boynton~JCP Associates, Lt. Substantial compliance with the representations contained in the Notice of Proposed Change as modified by the terms and conditions herein is a conditmon of approval. For purposes of this condition, the Development Order shall mnclude those matters submitted in all previously approved Development of Regional Impact Notice of Proposed Changes. Commencement and Proqress of Development 2. Failure to initiate construction and physical development within two years from the effective date of this Resolution or failure to maintain reasonable progress toward completion of the development after having initiated construction in a timely manner, may constitute a substantial deviation and the development shall be submitted to further review pursuanE to Section 380.06, Florida Statutes. Termination Date 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. CONDITIONS OF DEVELOPMENT AS AMENDED 1. Except as specifically amended herein, all conditions specified in the Original Development Order (Resolution No. R74- 343) and subsequent amendments to the Development Order for Boynton Beach Mall shall remain in full force and effect. 2. Developer has requested that No. 13 of the Development Order be amended to read as follows.: Condition ~13: "No additional building permits shall be issued after December 31, 2000, unless ~ traffic study has been conducted and submitted and reviewed pursuant to Section 380.06(19), Florida Statutes The proposed traffic methodology should be submitted to Treasure Coast Reqionat Planning -4- Council, Florida Department of Transportation, Palm Beach County and the City for review and approval prior to the traffic study being conducted by the applicant to ensure that proper standards are being applied. 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 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 makes 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 Director shall be the local ~official assigned the responsibility for monitoring the development and enforcing the terms of the Development Order. The Planning Director may require periodic reports of the Applicant with regard to any item set forth in this Development Order. 3. The Applicant shall submit an annual report as required by Section 380.06(18), Florida Statutes. The annual report shall be submitted on the anniversary date of the adoption of the Development Order and shall include the criteria as set forth in Resolution No. R96-26, dated February 20, 1996. 4. The definitions found in Chapter 380, Florida statues shall apply to this Development Order. -5- 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 chances 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. I.t 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 approved 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 decismon shall in no manner affect the remaining portions or Sections of this Resolution, which shall remain in full force and effect. 9. This Resolution shall become effective immediately upon passage. 10. Certified copies of this Resolution shall be transmitted immediately by certified mail to the Department of Community Affairs, the Treasure Coast Regional Planning Council and Applicant. PASSED AND ADOPTED this ~ day of July, 1998. CITY OF BOYNTON BEACH, FLORIDA CO~SSIO~ER COmmISSIOnER