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
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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
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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.
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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