R05-049
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1 RESOLUTION NO. R05--º.4l1
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5 A RESOLUTION OF THE CITY OF BOYNTON
6 BEACH, FLORIDA, AMENDING THE BOYNTON
7 BEACH MALL DEVELOPMENT OF REGIONAL
8 IMP ACT 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 LAW 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.
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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 tor 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
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1 leasable retail to a 79,500 square foot multi screen movie theater with 3,650 seats; and
2 WHEREAS, this amendment request is governed by Section 380.06(19), Florida
3 ßtatutes, for a substantial deviation determination; and
4 WHEREAS, the City Commission as the governing body of the City of Boynton Beach
5 ras jurisdiction, pursuant to Chapter 380, Florida Statutes, and is authorized and empowered to
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6 Fonsider 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 l1AAC'", (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 f the 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
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1 of the Treasure Coast Regional Planning Council submitted pursuant to Section 380.06(12),
2 Florida Statutes.
3 4. The proposed Development is consistent with the City's comprehensive plan
4 and zoning land development regulations.
5 5. The Notice of Proposed Change does not constitute a substantial deviation rrom
6 the 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 said City Commission makes the following conclusions of law:
11 1. That in a public meeting, duly constituted and assembled this MA~ IS ,
12 ~005, the Development Order for the Boynton Beach Mall Development of Regional Impact is
13 þereby amended as follows:
14 1.1. The Notice of Proposed Change by Simon Property Group is incorporated
15 herein by reference, and relied upon by the Parties in discharging their statutory duties under
16 Chapter 380, Florida Statutes. The Applicant is Simon Property Group and shall hereafter
17 include the successors and assigns of Simon Property Group. Substantial compliance with the
18 representations contained in the Notice of Proposed Change as modified by the terms and
19 conditions herein is a condition of approval. For purposes of this condition, the Development
20 Order shall include those matters submitted in all previously approved Development of
21 Regional Impact Notice of Proposed Changes.
22 1.2. The Developer is authorized to construct no more than 1,074,939 square feet of
23 ¡retail gross leasable space and a 79,500 square foot multi screen movie theater with 3,650 seats
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1 on the real property within the Boynton Beach Mall Development of Regional Impact.
2 2. Except as specifically amended herein, all conditions specified in the Original
3 Development Order (Resolution No. R-74-343) approved by the City on November 16, 1982
4 and subsequent amendments to the Development Order for the Boynton Beach Mall
5 Development of Regional Impact shall remain in full force and effect.
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7 BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY OF
8 BOYNTON BEACH, FLORIDA, AS FOLLOWS:
9 1. Any modifications or deviations rrom the approved plans or requirements of the
10 i Development Order shall be submitted to the Planning and Zoning Director for a
11 I determination by the City Commission of the City of Boynton Beach as to whether the change
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12 I constitutes a substantial deviation as provided in Section 380.06(19), Florida Statutes. The
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13 I City Commission of the City of Boynton Beach shall make its determination of substantial
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14 I deviation at a public hearing after notice to the Applicant.
15 , 2. The City of Boynton Beach shall monitor the development of the project to
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16 Fnsure compliance with this Development Order. The City of Boynton Beach Planning and
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17 ~oning Director shall be the local official assigned the responsibility for monitoring the
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18 kievelopment and enforcing the terms of the Development Order. The Planning and Zoning
19 (Director may require periodic reports of the Applicant with regard to any item set forth in this
20 Development Order.
21 3. This Development Order shall terminate on December 31, 2010 unless extended
22 by the City Commission. Nothing herein shall limit or extinguish any vested rights of the
23 Applicant, its successors or assigns regarding the existing square footage of gross leasable area
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1 of the existing Boynton Beach Mall.
2 4. The definitions found in Chapter 380, Florida Statues, shall apply to this
3 Development Order.
4 5. The City of Boynton Beach hereby agrees that before December 31, 2010, the
5 ßoynton Beach Shopping Mall Development of Regional Impact shall not be subject to down
6 Iwning, unit density reduction, or intensity reduction, unless the City demonstrates that
7 rubstantial changes in the conditions underlying the approval of the Development Order have
8 ccurred, or that the Development Order was based on substantially inaccurate information
9 rovided by the Developer, or that the change is clearly established by the City of Boynton
10 each to be essential to the public health, safety or welfare.
11 6. This Development Order shall be binding upon the Applicant and its assignees
12 r successors in interest. It is understood that any reference herein to any governmental agency
13 hall be construed to mean any future instrumentality which may be created and designated as
14 uccessor in interest to, or which otherwise possesses any of the powers and duties of any
15 eferenced government agency in existence on the effective date of this Development Order.
16 7. The approval granted by this Development Order is conditional and shall not be
17 onstrued to obviate the duty of the Developer to comply with all other applicable local, state
18 nd federal permitting requirements.
19 8. In the event that any portion or section of this Resolution is deemed to be
20 nvalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in
21 o manner affect the remaining portions or sections of this Resolution, which shall remain in
22 ull force and effect.
23 9. A certified copy of this Resolution shall be transmitted immediately by certified
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1 mail to the Department of Community Affairs, the Treasure Coast Regional Planning Council,
2 and Simon Property Group.
3 10. This Resolution shall become effective immediately upon passage.
4 PASSED AND ADOPTED this I ~ day of MARCH ,2005.
5 CITY OF BOYNTON BEACH, FLORIDA
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21 A. TTEST:
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BOYNTON BEACH MALL
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I BOYNTON BEACH MALL I III
i J - I 801 NOR11i CONGRESS AVENUE SIMON I I I URS
~ I ~ BOYNTON BEA.CH. F\. 33428
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o I MASTER PLAN ~1N4Q04 t T-. __ (813)_"" I IAttI .....__ 1-,)1 WI
317.636.1600 __No. 00000OII2 1 , ___ -
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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@ci.boynton-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 Ordinance No. 05-049, consisting of six (6) pages,
Exhibit A, consisting of one (1) page, an Exhibit B, consisting of one (1) page, are true
and correct copies as they appear in the records of the City of Boynton Beach, Florida,
Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH,
FLORIDA, dated this 16th day of March 2005.
(i}:.~ 'tn. I~£)
J ET M. PRAINITO, CMC
CITY CLERK
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