LEGAL APPROVAL
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ORDINANCE NO, 03- 0 II
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING PROPERTY
LOCATED AT 1500 GATEWAY BOULEVARD,
CONSISTING OF APPROXIMATELY :t49,69 ACRES
OF LAND, (MOTOROLA DRl); AMENDING
ORDINANCE 89-38 BY AMENDING THE FUTURE
LAND USE ELEMENT OF THE COMPREHENSIVE
PLAN OF THE CITY FOR THE PROPERTY MORE
P ARTICULARL Y DESCRIBED HEREINAFTER; THE
LAND USE DESIGNATION IS BEING CHANGED
FROM INDUSTRIAL (I) TO LOCAL RETAIL
COMMERCIAL (LRC); PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
DATE,
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
Use Element by Ordinance No, 89-38 in accordance with the Local Government
Comprehensive Planning Act; and
WHEREAS, the procedure for amendment of a Future Land Use Element of a
Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
WHEREAS, the Development Order for the Motorola DR! limits development
on this portion of the total site to 63,500 square feet of retail commercial development
and 500 dwelling units, which is significantly less than the maximum allowed
development intensity, and
WHEREAS, after public hearing and study, the City Commission deems it in the
best interest of the inhabitants of said City to amend the aforesaid Element of the
Comprehensive Plan as adopted by the City herein,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The foregoing WHEREAS clauses are true and correct and
incorporated herein by this reference,
Section 2:
: following:
Ordinance No, 89-38 ofthe City is hereby amended to reflect the
S:\CA\Ordinances\Planning\Land Use\MotorOla DRI Land Use.doc
, That the Future Land Use of the following described land shall be designated as
ILoCal Retail Commercial (LRC), Said land is more particularly described as follows:
I ALL THAT PART OF THE PLAT OF MOTOROLA, A PLANNED
INDUSTRIAL DEVELOPMENT, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 43, PAGE 139 OF PALM BEACH COUNTY,
FLORIDA PUBLIC RECORDS, BEING MORE P ARTICULARL Y
DESCRIBED AS FOLLOW:
PARCEL 1
COMMENCING AT THE NORTHEAST CORNER OF SAID PLAT OF
MOTOROLA, SAID POINT LYING 50,00 FEET SOUTH OF, AS
MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF NW 22Dd
AVENUE AND LYING ON THE WESTERLY RIGHT-OF-WAY LINE OF
THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4;
THENCE FROM SAID POINT OF COMMENCEMENT, SOUTH 07 DEGREES
10 MINUTES 03 SECONDS EAST (BEARINGS MENTIONED HEREIN ARE
IN THE MERIDIAN OF SAID PLAT OF MOTOROLA AND ALL OTHER
BEARINGS HEREIN ARE IN REFERENCE THERETO), ALONG THE
WESTERLY RIGHT -OF- WAY LINE OF SAID LAKE WORTH DRAINAGE
DISTRICT EQUALIZING CANAL E-4, A DISTANCE OF 4,02 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 07 DEGREES
10 MINUTES 03 SECONDS EAST, ALONG SAID WESTERLY RIGHT -OF-
WAY LINE, A DISTANCE OF 1172,27 FEET TO THE POINT OF
CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF
398,00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE,
CONTINUING ALONG SAID WESTERLY RIGHT -OF- WAY LINE,
THROUGH A CENTRAL ANGLE OF 17 DEGREES 25 MINUTES 38
SECONDS, A DISTANCE OF 121,06 FEET TO THE POINT OF TANGENCY;
THENCE SOUTH 10 DEGREES 15 MINUTES 35 SECONDS WEST,
CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 978.11 FEET TO THE POINT OF CURVATURE OF A
CURVE TO THE LEFT, HAVING A RADIUS OF 393,19 FEET; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE, CONTINUING ALONG
SAID WESTERLY RIGHT -OF- WAY LINE, THROUGH A CENTRAL ANGLE
OF 22 DEGREES 26 MINUTES 28 SECONDS, A DISTANCE OF 154,00 FEET
TO A POINT OF TANGENCY; THENCE SOUTH 12 DEGREES 10 MINUTES
53 SECONDS EAST, CONTINUING ALONG SAID WESTERLY RIGHT-OF-
WAY LINE, A DISTANCE OF 72.61 FEET TO THE SOUTHEAST CORNER
OF SAID PLAT OF MOTOROLA; THENCE SOUTH 88 DEGREES 55
MINUTES 53 SECONDS WEST, ALONG THE SOUTH LINE OF SAID PLAT
OF MOTOROLA, ALSO BEING THE NORTH RIGHT -OF- WAY LINE OF
THE BOYNTON CANAL C-16, AS RECORDED IN OFFICIAL RECORDS
BOOK 3553, PAGE 982, PALM BEACH COUNTY, FLORIDA PUBLIC
RECORDS, A DISTANCE OF 1478,02 FEET TO AN INTERSECTION WITH
THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS A VENUE, BEING
,\CA\Ordinance'\Planning\L..nd U.e\Motorola DRI Land lJae.c:loc
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THE EAST LINE OF THAT CERTAIN 10 FOOT WIDE STRIP OF LAND AS
SHOWN ON SAID PLAT OF MOTOROLA AS ADDITIONAL RIGHT-OF-
WAY DEDICATED BY SAID PLAT; THENCE NORTH 00 DEGREES 12
MINUTES 55 SECONDS WEST, ALONG SAID EASTERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 518,04 FEET; THENCE NORTH 04 DEGREES 21
MINUTES 02 SECONDS EAST, ALONG THE EASTERLY RIGHT-OF-WAY
LINE OF CONGRESS AVENUE, AS RECORDED IN OFFICIAL RECORDS
BOOK 6654, PAGE 408, PALM BEACH COUNTY, FLORIDA PUBLIC
RECORDS, A DISTANCE OF 130,08 FEET; THENCE NORTH 00 DEGREES
38 MINUTES 39 SECONDS EAST, CONTINUING ALONG SAID EASTERLY
RIGHT-OF-WAY LINE, A DISTANCE OF 185.90 FEET; THENCE NORTH 89
DEGREES 33 MINUTES 31 SECONDS EAST, A DISTANCE OF 999,30
FEET; THENCE NORTH 00 DEGREES 49 MINUTES 58 SECONDS WEST, A
DISTANCE OF 162,94 FEET; THENCE NORTH 89 DEGREES 10 MINUTES
46 SECONDS EAST, A DISTANCE OF 266,41 FEET; THENCE NORTH 10
DEGREES 15 MINUTES 35 SECONDS EAST A DISTANCE OF 279,13 FEET;
THENCE NORTH 07 DEGREES 10 MINUTES 03 SECONDS WEST, A
DISTANCE OF 1033,22 FEET; THENCE NORTH 00 DEGREES 55 MINUTES
13 SECONDS WEST, A DISTANCE OF 185,00 FEET TO AN INTERSECTION
WITH THE SOUTH RIGHT-OF-WAY LINE OF NW 22ND AVENUE BEING
THE SOUTH LINE OF THAT CERTAIN 4,0 FOOT WIDE STRIP OF LAND
AS SHOWN ON SAID PLAT OF MOTOROLA AS ADDITIONAL RIGHT-
OF-WAY DEDICATED BY SAID PLAT; THENCE NORTH 89 DEGREES 04
MINUTES 47 SECONDS EAST ALONG SAID SOUTH RIGHT-OF-WAY, A
DISTANCE OF 300,00 FEET TO THE POINT OF BEGINNING;
TOGETHER WITH ALL THAT PART OF THE PLAT OF MOTOROLA, A
PLANNED INDUSTRIAL DEVELOPMENT, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 43, PAGE 139 OF PALM
BEACH COUNTY, FLORIDA PUBLIC RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOW:
PARCEL 2
COMMENCING AT THE NORTHEAST CORNER OF SAID PLAT OF
MOTOROLA, SAID POINT LYING 50,00 FEET SOUTH OF, AS
MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF NW 22nd
A VENUE AND LYING ON THE WESTERLY RIGHT -OF- WAY LINE OF
THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4;
THENCE FROM SAID POINT OF COMMENCEMENT, SOUTH 07 DEGREES
10 MINUTES 03 SECONDS EAST (BEARINGS MENTIONED HEREIN ARE
IN THE MERIDIAN OF SAID PLAT OF MOTOROLA AND ALL OTHER
BEARINGS HEREIN ARE IN REFERENCE THERETO), ALONG THE
WESTERLY RIGHT-OF-WAY LINE OF SAID LAKE WORTH DRAINAGE
DISTRICT EQUALIZING CANAL E-4, A DISTANCE OF 1176,29 FEET TO
: \CA\Ordinanc:e8\Planning\Land Use\M()torola DR! Land Uae .doc
THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A
RADIUS OF 398,00 FEET; THENCE SOUTHERLY ALONG THE ARC OF
SAID CURVE, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY
LINE, THROUGH A CENTRAL ANGLE OF 17 DEGREES 25 MINUTES 38
SECONDS, A DISTANCE OF 121.06 FEET TO THE POINT OF TANGENCY;
THENCE SOUTH 10 DEGREES 15 MINUTES 35 SECONDS WEST,
CONTINUING ALONG SAID WESTERLY RIGHT-OF- WAY LINE, A
DISTANCE OF 978,11 FEET TO THE POINT OF CURVATURE OF A
CURVE TO THE LEFT, HAVING A RADIUS OF 393,19 FEET; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE, CONTINUING ALONG
SAID WESTERLY RIGHT-OF- WAY LINE, THROUGH A CENTRAL ANGLE
OF 22 DEGREES 26 MINUTES 28 SECONDS, A DISTANCE OF 154,00 FEET
TO A POINT OF TANGENCY; THENCE SOUTH 12 DEGREES 10 MINUTES
53 SECONDS EAST, CONTINUING ALONG SAID WESTERLY RIGHT-OF-
WAY LINE, A DISTANCE OF 72,61 FEET TO THE SOUTHEAST CORNER
OF SAID PLAT OF MOTOROLA; THENCE SOUTH 88 DEGREES 55
MINUTES 53 SECONDS WEST, ALONG THE SOUTH LINE OF SAID PLAT
OF MOTOROLA, ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF
THE BOYNTON CANAL C-16, AS RECORDED IN OFFICIAL RECORDS
BOOK 3553, PAGE 982, PALM BEACH COUNTY, FLORIDA PUBLIC
RECORDS, A DISTANCE OF 1478,02 FEET TO AN INTERSECTION WITH
THE EASTERLY RIGHT-OF- WAY LINE OF CONGRESS A VENUE, BEING
THE EAST LINE OF THAT CERTAIN 10 FOOT WIDE STRIP OF LAND AS
SHOWN ON SAID PLAT OF MOTOROLA AS ADDITIONAL RIGHT-OF-
WAY DEDICATED BY SAID PLAT; THENCE NORTH 00 DEGREES 12
MINUTES 55 SECONDS WEST, ALONG SAID EASTERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 518,04 FEET; THENCE NORTH 04 DEGREES 21
MINUTES 02 SECONDS EAST, ALONG THE EASTERLY RIGHT-OF-WAY
OF CONGRESS A VENUE, AS RECORDED IN OFFICIAL RECORDS BOOK
6654, PAGE 408, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, A
DISTANCE OF 130,08 FEET; THENCE NORTH 00 DEGREES 38 MINUTES
39 SECONDS EAST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-
WAY LINE, A DISTANCE OF 250.40 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 00 DEGREES 38 MINUTES 39 SECONDS
EAST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 13,08 FEET; THENCE NORTH 25 DEGREES 55 MINUTES 15
MINUTES WEST, CONTINUING ALONG SAID EASTERLY RIGHT -OF-
WAY LINE, A DISTANCE OF 26,83 FEET; THENCE NORTH 00 DEGREES
38 MINUTES 39 SECONDS WEST, CONTINUING ALONG SAID
EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 155.43 FEET;
THENCE NORTH 00 DEGREES 24 MINUTES 18 SECONDS WEST,
CONTINUING ALONG SAID EASTERLY RIGHT -OF- WAY LINE, A
DISTANCE OF 241.34 FEET TO AN INTERSECTION WITH THE
EASTERLY RIGHT -OF- WAY LINE OF CONGRESS A VENUE, BEING THE
EAST LINE OF THAT CERTAIN 10 FOOT WIDE STRIP OF LAND AS
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I SHOWN ON SAID PLAT OF MOTOROLA AS ADDITIONAL RIGHT-OF-
WAY DEDICATED BY SAID PLAT; THENCE NORTH 01 DEGREES 44
MINUTES 21 SECONDS WEST, ALONG SAID EASTERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 408,01 FEET; THENCE NORTH 89 DEGREES 33
MINUTES 31 SECONDS EAST, A DISTANCE OF 150.11 FEET; THENCE
SOUTH 01 DEGREES 44 MINUTES 21 SECONDS WEST, A DISTANCE OF
298.39 FEET; THENCE SOUTH 28 DEGREES 15 MINUTES 39 SECONDS
EAST, A DISTANCE OF 138,72 FEET; THENCE SOUTH 00 DEGREES 49
MINUTES 14 SECONDS EAST, A DISTANCE OF 420,90 FEET; THENCE
SOUTH 89 DEGREES 33 MINUTES 31 SECONDS EAST, A DISTANCE OF
213,61 FEET TO THE POINT OF BEGINNING;
TOGETHER WITH ALL THAT PART OF THE PLAT OF MOTOROLA, A
PLANNED INDUSTRIAL DEVELOPMENT, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 43, PAGE 139 OF PALM
BEACH COUNTY, FLORIDA PUBLIC RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLWW:
PARCEL 3
COMMENCING AT THE NORTHEAST CORNER OF SAID PLAT OF
MOTOROLA, SAID POINT LYING 50,00 FEET SOUTH OF, AS
MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF NW 22nd
AVENUE AND LYING ON THE WESTERLY RIGHT -OF- WAY OF THE
LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4;
THENCE FROM SAID POINT OF COMMENCEMENT, SOUTH 07 DEGREES
10 MINUTES 03 SECONDS EAST (BEARINGS MENTIONED HEREIN ARE
IN THE MERIDIAN OF SAID PLAT OF MOTOROLA AND ALL OTHER
BEARINGS HEREIN ARE IN REFERENCE THERETO), ALONG THE
WESTERLY RIGHT-OF- WAY OF SAID LAKE WORTH DRAINAGE
DISTRICT CANAL E-4, A DISTANCE OF 4,02 FEET TO AN INTERSECTION
WITH THE SOUTH RIGHT -OF- WAY LINE OF NW 22ND AVENUE BEING
THE SOUTH LINE OF THAT CERTAIN 4,0 FOOT WIDE STRIP OF LAND
AS SHOWN ON SAID PLAT OF MOTOROLA AS ADDITIONAL RIGHT-
OF- WAY DEDICATED BY SAID PLAT; THENCE SOUTH 89 DEGREES 04
MINUTES 47 SECONDS WEST, ALONG SAID SOUTH RIGHT-OF-WAY
LINE, A DISTANCE OF 931.19 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 89 DEGREES 04 MINUTES 47 SECONDS
WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF
471.99 FEET; THENCE SOUTH 45 DEGREES 24 MINUTES 34 SECONDS
WEST ALONG THE EASTERLY RIGHT -OF- WAY LINE OF CONGRESS
AVENUE, AS RECORDED IN OFFICIAL RECORDS BOOK 6654, PAGE 410,
PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, A DISTANCE OF
55,26 FEET; THENCE SOUTH 01 DEGREES 44 MINUTES 21 SECONDS
WEST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A
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DISTANCE OF 198,34 FEET; THENCE SOUTH 05 DEGREES 32 MINUTES
47 SECONDS WEST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-
WAY LINE, A DISTANCE OF 240,97 FEET TO AN INTERSECTION WITH
THE EASTERLY RIGHT -OF- WAY LINE OF CONGRESS AVENUE, BEING
THE EAST LINE OF THAT CERTAIN 10 FOOT WIDE STRIP OF LAND AS
SHOWN ON SAID PLAT OF MOTOROLA AS ADDITIONAL RIGHT-OF-
WAY DEDICATED BY SAID PLAT; THENCE SOUTH 01 DEGREES 44
MINUTES 21 SECONDS WEST, CONTINUING ALONG SAID EASTERLY
RIGHT-OF-WAY LINE, A DISTANCE OF 188,39 FEET; THENCE NORTH 89
DEGREES 33 MINUTES 31 SECONDS EAST, A DISTANCE OF 208.30
FEET; THENCE NORTH 00 DEGREES 26 MINUTES 29 SECONDS WEST, A
DISTANCE OF 207,27 FEET TO A POINT OF CURVATURE OF A CURVE
TO THE RIGHT, HAVING A RADIUS OF 198,94 FEET; THENCE
NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 85 DEGREES 32 MINUTES 37
SECONDS, A DISTANCE OF 297.03 FEET TO THE END OF SAID CURVE;
THENCE NORTH 00 DEGREES 54 MINUTES 59 SECONDS WEST, A
DISTANCE OF 19,95 FEET TO A POINT OF CURVATURE OF A CURVE TO
THE RIGHT, HAVING A RADIUS OF 87,00 FEET; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 42 DEGREES 20 MINUTES 30 SECONDS, A
DISTANCE OF 64,29 FEET TO THE POINT OF TANGENCY; THENCE
NORTH 41 DEGREES 25 MINUTES 31 SECONDS EAST, A DISTANCE OF
119,55 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT,
HAVING A RADIUS OF 288,00 FEET; THENCE NORTHERLY ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 22 DEGREES
20 MINUTES 41 SECONDS, A DISTANCE OF 112,32 FEET TO THE POINT
OF BEGINNING,
CONTAINING: 2164736,963 SQUARE FEET OF 49,695 ACRES, MORE OR
LESS
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERV A TrONS AND RIGHTS
OF WAY OF RECORD,
Section 3: That any maps adopted in accordance with the Future Land Use Element
hall be amended accordingly, A notation shall be added to all maps to reference the
imitation on maximum retail commercial square footage,
Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
epealed,
Section 5: Should any section or provision of this Ordinance or any portion thereof
e declared by a court of competent jurisdiction to be invalid, such decision shall not affect
he remainder of this Ordinance,
,\CA\Ordinancea\Planning\Land Use\Motorola CRI Land Use.doc
Section 6: This Ordinance shall become effective 31 days after adoption, unless
challenged, If challenged, it becomes effective upon the issuance of a final order finding it in
compliance,
FIRST READING this L day of 4R.i L- , 2003,
SECOND, FINAL READING and PASSAGE this ~ day of -Bpri L. ,2003,
BEACH, FLORIDA
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ATTEST:
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S.\CA\OrdinanceB\Planning\Land Use\Motorola DRI Land Ul!Ie.doc
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
JEB BUSH
Governor
"Dedicated to making Florida a better place to call home"
COLLEEN CASTILLE
Secretary
MaTch 3, 2003
The Honorable, Gerald Broening, Mayor
City of Boynton Beach
Post Office Box 310
Boynton Beach, Florida 33404
WL'I - 7 2003
Dear Mayor Broening:
The Department has completed its review of the proposed comprehensive plan amendment
for the City of Boynton Beach (DCA No, 03-Dl), received on January 3,2003, The amendment
involves a change to the Future Land Use Map in support of an amendment to the development
order for the Motorola Development of Regional Impact (DRI), The amendment changes the
land use of a portion of the Motorola DRI from Industrial to Local Retail Commercial.
Based on Chapter 163, Florida Statutes (F,S.), we prepared the attached report, outlining our
findings regarding the amendment. Weare concerned that the City take into consideration the
full impact of the maximum allowable development ofthe proposed land use change upon public
facilities and roadway capacity and provide the data and analysis required for the designation
from Industrial to Commercial. It is particularly important that the City address the objections
set forth in our review report so that the issues raised in the report can be successfully resolved
prior to adoption, We have also included copies of local, regional and state agency comments
for your consideration, Within the next 60 days, the City should act by choosing to adopt, adopt
with changes or not adopt, the proposed amendment. For your assistance, our report outlines
procedures for final adoption and transmittal of the comprehensive plan amendment.
The Department offers recommendations in its report to assist the City of Boynton Beach in
allowing flexibility in land use decisions if so desired, while ensuring consistency of your
Comprehensive Plan with Chapter 163, F,S" and Rule 9J-5, Florida Administrative Code,
(F,A.C.), I believe the concerns outlined in our report can be resolved, We are available to
assist the City in responding to our report,
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100
Phone: (850) 488-8466/Suncom 278.8466 FAX: (850) 921.Q781/Suncom 291-0781
Internet address: http://www.dca.state.fl.us
CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT
2796 Overseas Highway, Suite 212 2555 Shumard Oak Boule....ard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard
Marathon, FL 33050.2227 Tallahassee, fL 32399.2100 Tallahassee, FL 32399.2100 Tallahassee, FL 32399.2100
(305) 289.2402 (850) 488.2356 (850) 413.9959 (850) 488.7956
Mayor Broening
March 3, 2003
Page Two
Please contact Ken Metcalf, Regional Planning Administrator, at (850) 922-1807, or Caroline
Knight, Planner, at (850) 922-1773, if we maybe offurther assistance,
H,E, "Sonny" Timmerman
Director, Division of Community Planning
HET/ck
Enclosures: Objections, Recommendations and Comments Report
Review Agency Comments
cc: Mr. Michael W, Rumpf, Director of Planning and Zoning, City of Boynton Beach
Mr. Michael Busha, Executive Director, Treasure Coast Regional Planning Council
TRANSMITTAL PROCEDURES
Upon receipt of this report, the City of Boynton Beach has 60 days in which to adopt, adopt with
changes, or determine not to adopt the proposed amendment. The process for adoption oflocal
comprehensive plan amendments is outlined in Section 163.3184, F's., and Rule 9J-11.011, F,A.C,
Within ten working days of the date of adoption, the City must submit the following to the
Department:
Three copies of the adopted comprehensive plan amendment;
A copy of the adoption ordinance;
A listing of additional changes not previously reviewed;
A listing of findings by the local governing body, if any, which were not included in the
ordinance; and
A statement indicating the relationship of the additional changes to the Department's Objections,
Recommendations and Comments Report.
The above amendment and documentation are required for the Department to conduct a compliance
review, make a compliance determination and issue the appropriate notice of intent.
In order to expedite the regional planning council's review of the amendment, and pursuant to Rule
9J-11.011(5), F,A.C., please provide a copy of the adopted amendment directly to Michael Busha, AICP,
Executive Director of the Treasure Coast Regional Planning Council.
Please be advised that the Florida Legislature amended Section 163.3184(8)( c), F ,S., requiring the
Department to provide a courtesy information statement regarding the Department's Notice of Intent to
citizens who furnish their names and addresses at the local government's plan amendment transmittal
(proposed) or adoption hearings, In order to provide this courtesy information statement, local
governments are required by the law to furnish the names and addresses of the citizens requesting this
information to the Department. Please provide these required names and addresses to the
Department when you transmit your adopted amendment package for compliance review, In the
event no names and addresses are provided, please supply this information as well. For efficiency,
we encourage that the information sheet be provided in electronic format.
DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT
FOR
THE CITY OF BOYNTON BEACH
AMENDMENT 03-Dl
March 3, 2003
Division of Community Planning
Office of Comprehensive Planning
This report is prepared pursuant to Rule 9J-I1.0IO, F.A.C,
INTRODUCTION
The following objections, recommendations and comments are based upon the Department's
review of the City of Boynton Beach proposed Comprehensive Plan Amendment (DCA 03-Dl)
pursuant to Section l63.3l84,F,S,
Objections relate to specific requirements of relevant portions of Chapter 9J-5, F.A,C., and
Chapter 163, Part 11, F,S, Each objection includes a recommendation of one approach that might
be taken to address the cited objection, Other approaches may be more suitable in specific
situations, Some of these objections may have been raised initially by one of the other external
review agencies. If there is a difference between the Department's objection and the external
agency advisory objection or comment, the Department's objection would take precedence,
The City of Boynton Beach should address each of these objections when the amendment is
resubmitted for our compliance review, Objections which are not addressed may result in a
determination that the amendment is not in compliance, The Department may have raised an
objection regarding missing data and analysis, items which the City of Boynton Beach considers
not to be applicable to its amendment. If that is the case, a statement justifying its non-applicability
pursuant to Rule 9J-5,002(2), F.A.C., must be submitted, The Department will make a
determination as to the non-applicability of the requirement, and if the justification is sufficient, the
objection will be considered addressed.
The comments which follow the objections and recommendations are advisory in nature,
Comments will not form a basis for determination of non-compliance, They are included to call
attention to items raised by our reviewers. The comments can be substantive, concerning planning
principles, methodology or logic, as well as editorial in nature dealing with grammar, organization,
mapping, and reader comprehension.
Appended to the back of the Department's report are the comment letters from the other state
review agencies, other agencies, organizations and individuals. These comments are advisory to
the Department and may not form a basis for Departmental objections unless they appear under the
"Objections" heading in this report.
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT
PROPOSED COMPREHENSIVE PLAN AMENDMENT
CITY OF BOYNTON BEACH (DCA No, 03-Dl)
I. CONSISTENCY WITH CHAPTER 163, F.S" AND RULES 9J-5 & 9J-11, F,A.C.
The Department has completed its review of the proposed amendment to the City of Boynton
Beach Comprehensive Plan (DCA No, 03-DI), The amendment involves a change to the Future
Land Use Map in support of an amendment to the development order for the Motorola
Development of Regional Impact The Department has the following objection.
Objection:
The proposed Future Land Use Map amendment is internally inconsistent with Boynton Beach
Land Use Element Policy 1.19,2, which requires that a change in land use from an industrial
designation to commercial be based upon adequate data including market analysis. Additionally,
the proposed amendment is not supported by sufficient data and analysis demonstrating that an
adequate level of service will be available to serve development based upon the maximum
allowable intensity for the proposed designation.
[Rule 9J-5.005(2)(a), 9J-5.005(5)(a), 9J-5,006(3)(c)3, 9J-5,OI9(3)(a) and (t), F.A.C. and Section
163.3177(2) and (1O)(h), F.S.]
Recommendation:
The City should ensure that the proposed amendment is internally consistent by supplying data
and analysis in support of the land use conversion from Industrial to Local Retail Commercial. The
City should provide data and analysis, based on the maximum allowable development intensities,
for the Local Retail Commercial land use,
I, Provide adequate data, including market analysis, in support of the conversion of land use
from Industrial to Local Retail Commercial in compliance with the requirements of
Boynton Beach Land Use Element Policy 1,19,2(ii),
2, Provide data and analysis for the availability of all public facilities based upon the maximum
allowable development intensities for Local Retail Commercial. The City should analyze
those services and make a determination that sufficient capacity exists, with no lowering of
an adopted level of service, to provide essential services based upon the maximum extent
of potential development allowed,
3 Provide a traffic analysis based upon the most recently available data to address the peak-
hour, peak direction, roadway level of service standards, and to determine the impact of
this amendment upon the Florida Intrastate Highway System,
n. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN
The City of Boynton Beach's proposed Comprehensive Plan amendment does not adequately
address and further the following goals and policies of the State Comprehensive Plan Chapter 187,
Florida Statutes:
(16) Land Use Goal and Policy 5, to encourage and assist local governments in establishing
comprehensive impact-review procedures to evaluate the effects of significant
development activities in their jurisdictions,
Recommendation:
The City should revise the proposed amendment to be consistent with the State Comprehensive
Plan (see specific objections, comments and recommendations included in this report),
JEB BUSH
GOVERNOR
~
Florida Department of Transportation
3400 WEST COMMERCIAL BOULEVARD
FORT LAUDERDALE, FLORIDA 33309-3421
DIRECTOR of PLANNING AND PRODUCTION
THOMAS F, BARRY, JR.
SECRETARY
\~ jjJ
Yr~
January 27,2003
Mr. Ray Eubanks, Community Program Administrator
Plan Review and DRI Processing Team
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
\m~TfW~ iC~'
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___. PLAN Pf< G TEAM ' ~
Dear Mr, Eubanks: .
SUBJECT: Proposed Comprehensive Plan Amendments ORC Review
Local Government: City of Boynton Beach
DCA Amendment # 03-Dl
The Department has reviewed the proposed comprehensive plan amendments for the City of Boynton
Beach. Enclosed are objections, recommendations, and comments regarding the proposed amendments.
Thank you for the opportunity to participate in the review process. If you have any comments or
questions about this letter, please contact me at (954) 777-4490.
Sincerely,
Gejo~p~ ~
District Director
Planning and Production
GO:TS
Enclosure
cc: B. Romig, FDOT Central Office
K. Metcalf, DCA
N, Bungo, FDOT 4
L Merritt, FDOT 4
L. Hymowitz, FDOT 4
(!) RECYCLED PAPER
DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS & COMMENTS
RESPONSIBLE DIVISIONIBUREAU:
NAME OF LOCAL GOVERNMENT:
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT:
DATE MEMORANDUM RECEIVED FROM DCA:
REQUIRED RETURN DATE FOR COMMENTS:
Planning: Department
Citv ofBovnton Beach
12/30/03
01/07/03
02/03/03
ELEMENT:
Motorola DR! LUAR 02-007
Future Land Use Element
DCA Amendment # 03-D1
RULE DEFICIENCY:
9J-5,019(3)( d)
9J-5,O 19(4)( c )5 and Q
The subject amendment proposes to change the future land use designation of an undeveloped 50-acre
portion ofthe 86-acre DR! from Industrial to Local Retail Commercial land use, This parcel is located at
the southeast comer of Congress Avenue and NW 22 Avenue/Gateway Boulevard,
OBJECTION: The information provided in support of the proposed amendment did not
address interconnectivity ofland uses or access to the Palm Tran routes in this mixed land use portion of
the property,
RECOMMENDATION: The City should ensure the use oftransit-oriented design guidelines in the
development approval process to promote additional trip internalization, shorter trip lengths, and the use
of mobility alternatives to the single occupant vehicle, Design guidelines should address transit
infrastructure and pedestrian considerations, as well as interconnectivity of uses and convenient
connectivity to transit infrastructure on both sides ofthe streets served by transit prior to construction,
Other necessary considerations should include provision of lighting for safety, and a canopy, such as
landscaping, for a measure of climate control for pedestrians and transit riders, Additionally, the City
should identify that coordination with Palm Tran will occur in order to provide appropriate and accessible
transit infrastructure and services,
REVIEWED BY:
Terrv Scheckwitz. AICP
PHONE: 954-777-4490
REVIEWED BY:
Larry Hymowitz. AICP
PHONE: 954-777-4490
REVIEWED BY:
Nancy Bungo
PHONE: 954-777-4490
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FLORIDA DEPARTMENT OF STATE
Kenneth W, Detzner
Secretary of State
DIVISION OF HISTORICAL RESOURCES
January 27, 2003
Mr. Ray Eubanks
Department of Community Affairs
Bureau of State Planning
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: Historic Preservation Review ofthe City of Boynton Beach (03-Dl) Comprehensive Plan
Amendment Request (Received by DHR on 01/06/03)
Dear Mr. Eubanks:
According to this agency's responsibilities under sections 1 ()3.3l77 and 163.3178, Florida
Statutes, and Chapter 9J-5, Florida Administrative Code, we have reviewed the above document
to decide if data regarding historic resources have been given sufficient consideration in the
request to amend the Boynton Beach Comprehensive Plan,
We have reviewed a proposed Future Land Use Map amendment encompassing 49+ acres of the
old Motorola DRI to consider the potential effects of this action on historic resources, Our
cursory review suggests that the proposed change should have no Averse effects on historic
resources,
If you have any questions regarding our comments, please feel free to contact Susan M, Harp of
the Division's Compliance Review staff at (850) 245-6333,
Sincerely,
~. _ p~, :j.,~. G~, C~'\e.~
~u<eDo.u .,..\. \.+'l~<;C \('Ce.sex"a\co<'\
\. Janet Snyder Matthews, Ph,D" Director
500 S, Bronough Street. Tallahassee, FL 32399-0250 . http://www.t1heritage.com
D Diredor's Office Cl Archaeological Research 'H~storic Preservation Cl Historical Museums
(850) 245,6300' FAX: 245-6435 (850) 245,6444' FAX: 245,6436 (850) 245,6333' FAX: 245,6437 (850) 245,6400' FAX: 245,6433
CJ Palm Beach Regional Office
(561) 279-1475' FAX: 279,1476
(j 51. Augustine Regional Office D Tampa Regional Office
(904) 825-5045' FAX: 825,5044 (813) 272-3843' FAX: 272,2340
,';:-~,::.c-:: ,:"~}- ': tI~~:12;:;~~:,:~~~"~r~::}~~:"_cF::~" ': ,:,'i:;~~~~t~}l~~~J
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January 27, 2003
\
Mr. Charles Gauthier
Chief
Bureau of Local Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
00
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RPM SSP
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Subject: City of Boynton Beach Comprehensive Plan
Draft Amendment - DCA Reference No, 03-Dl
Dear Mr. Gauthier:
Enclosed is a copy of the staff report prepared for the above referenced amendment. As a
result of the cancellation of the January, 2003 regular meeting of the Treasure Coast
Regional Planning Council (TCRPC), this report will not be considered by Council prior
to the deadline established by the DCA for the regional planning council response.
We are providing you with a copy of the staff report for your information. However, be
advised that the TCRPC board has not considered nor taken any action on this report,
If you need additional information or have any questions, please do not hesitate to call.
Sincerely,
l?::l~: ~~p -'
Planning Director
TLH:lg
Enclosure
Cc: Mr. Dick Hudson, City of Boynton Beach
"Bringing Communities Together" . Est. 1976
lOI East Ocean Boulevlll'd - Suite 3" - StuArt, Flol'ida 34"4
Phone (772) 221-4'" _ SC 2".4'" - Fax (772) 221-4'" - E-mail - adminriihcrnr.: .up
DRAFT
Subject to Modificatious
TREASURE COAST REGIONAL PLANNING COUNCIL
MEMORANDUM
To:
Department of Community Affairs
From:
Staff
Date:
February 3, 2003
Subject:
Local Government Comprehensive Plan Review
Draft Amendments to the City of Boynton Beach Comprehensive Plan
DCA Reference No. 03-Dl
Introduction
The Local Government Comprehensive PlaMing and Land Development Regulation Act,
Chapter 163, Florida Statutes, requires that Council review local government
comprehensive plan amendments prior to their adoption. Under the provisions of this
law, the Department of Community Affairs (DCA) prepares Objections,
Recommendations, and Comments (ORC) Report on a proposed amendment only if
requested to do so by the local government, the regional plaMing council, or an affected
person or if an ORC Report is otherwise deemed necessary by the DCA, If the local
government requests the DCA to prepare an ORC Report, then Council must provide the
DCA with its own objections, recommendations for modification, and comments on the
proposed amendment within 30 days of its receipt.
Background
The City of Boynton Beach is proposing one Future Land Use Map (FLUM) amendment.
The FLUM amendment is shown on the attached map. The City has requested that the
DCA prepare an ORC Rep011.
Evaluation
Future Land Use !v[ap Amendment
LUAR 02-007-This amendment involves approximately 49,7 acres located at the
southeast comer of Congress Avenue and Gateway Boulevard. The proposal is to
redesignate a portion of the 85,6-acre Motorola Development of Regional In1pact (DRI)
development from Industllal to Local Retail Commercial to allow development of 500
multi-family residential units and 63,500 square feet of commercial development. The
site is presently vacant. The surrounding existing land uses include the developed portion
of the Motorola DRI to the north, the C-16 Canal and vacant property to the south, Lake
DRAFT
Subject to Modifications
WOlih Drainage District E-4 Canal and the Boynton Beach High School to the east, and
commercial development (Catalina Center) to the west. The surrounding FLUM
designations include Indust!~al to the north, Moderate Density Residential to the south,
Government/Institutional to the east, and Local Retail Commercial to the west.
As stated above, the 49.7 acres is part of the approved Motorola DRl. The amount of
development approved for the entire Motorola DRl and the mitigation of impacts created
by the project are governed by the DRl development order. The applicant has applied to
amend the DRl development order in conjunction with this land use amendment. The
proposed amendments to the DRl development order were determined not to create a
substantial deviation requiring additional DRl review.
Extrajurisdictional Impacts
Analysis of the amendments indicates that they would not have any significant adverse
impacts on neighboring jurisdictions.
Effects on Significant Regional Resources or Facilities
Analysis of the proposed amendments indicates that they would not have adverse effects
on significant regional resources or facilities.
Objections, Recommendations for i\Iodi11cation, and Comments
A. Objections
None
B. Comments
1. The Strategic RegiOllal Policy Plall for the Treasure Coast Region encourages the
formation of sustainable neighborhoods and communities, Sustainable communities
should include a compatible mix of land uses, well designed and maintained public
spaces, buildings and infrastructure, and a network of intercOlmected streets designed
for val~ous transportation modes, Council strongly encourages continued efforts to
provide for mixed-use development in the City. However, if the City and its residents
expect to achieve all the benefits associated with mixed-use development, it must be
executed properly. Such benefits are achieved when the mix of uses and associated
parking are arranged and designed along a street not just for cars but to create a
comfortable and enjoyable environment for human interaction and use, There should
be not only a fully integrated mix of uses but also a dense network of walk able streets
and sidewalks that ties uses together and accommodates present or future public
transit. There should be both a vertical and horizontal integration of land uses, and
the uses should be of a type and nature that are appropl~ate and complementary to this
network of pedestrian-friendly streets. The plan of development proposed for the
Motorola site does' not incorporate all the best components of mixed-use
DRAFT
Subject to Modifications
development. Council is available to assist the City in working with the developer of
the property to ensure that the proposed development contains all the important
components of authentic mixed-use development.
Recommendation
Council should adopt the above comments and approve their transmittal to the
Department of Community Affairs,
Attachment
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RULE 9J-11, FAC" TRANSMITTAL REQUIREMENTS FOR THE SUBMISSION OF
ADOPTED COMPREHENSIVE PLAN AMENDMENTS
June 2002
NUMBER OF COPIES TO BE SUBMITTED: Please submit three copies of the adooted amendment package to the Florida
Department of Community Affairs and one fOPY each to the Florida Department of Environmental Protection, appropriate
Florida Department of Transportation district office, appropriate Regional Planning Council, and the appropriate Water
Management District, Office of Educational Facilities of Commissioner of Education (if related to public educational facilities
element pursuant to 163.31776, F,S,), appropriate County, the Florida Fish and Wildlife Conservation Commission (FFWCC)
(county plans only), and the Florida Department of Agriculture and Consumer Services (DOACS), Division of Planning and
Budgeting (county plans only).
SUBMITTAL LETTER REQUIREMENTS: Please include the following information in the transmittal cover letter transmitted the
adopted amendment (see Rule 9J-11,011 (5), FAC.):
~~A identification number for adopted amendment package;
/ Name of newspaper in which the Department will publish the required Notice of Intent (Rule 9J-11.011(5) FAC. and
Section 163.3184(15)(e), F.S.);
~ Brief description of the adoption package, including any amendments previously proposed but not adopted (Rule 9J-
11.011 (5)(a)5, FAC.);
~ Ordinance number and adoption date (Rule 9J-11.011 (5), FAC,);
~ Certification that the adopted amendment(s) has been submitted to all parties listed in Rule 9J-11.009(6), FAC. (Rule
9J-11.011(5), FAC,);
~ Name, title, address, telephone, FAX number and e-mail address of local government contact;
,./ Letter signed by the chief elected official or the person designated by the local government (Rule 9J-11.011 (5), FAC.).
~//L If the plan amendment is unchanged and was not subject to review or objections, a statement requesting expedited
Pf;bfc"ation of the notice of intent. The transmittal letter shall include the following language: The comprehensive plan
amendment package was adopted without revision from the proposed amendment package and no objections were
raised by an affected party, the amendment was not reviewed by the Department or if reviewed no objections were
raised, Based upon these facts, we request expedited publication of a Notice of Intent pursuant to Section 163,3184
(8), Florida Statutes,
ADOPTION AMENDMENT PACKAGE: Please include the following information in the arnendment package (Rule 9J-11.011
(5), FAC.):
/' All adopted text, maps and support documents (including data and analysis) on new pages of the affected amendment
in a strike-through/underline format (or similar easily identifiable format), In case of future land use map amendment, the
adopted future land use map reflecting the changes made when adopted. Note: If the local government is relying on previously
submitted data and analysis, no additional data and analysis is required.
1 Copy of executed ordinance adopting the comprehensive plan amendment(s);
/ Copy of the Citizen Courtesy Information List. In event no individuals sign up to receive a courtesy information
statement, indicate on sign-in form that no request were made and include the form in the adopted package,
[9J-11.015(5)(b)4 and 163,3184(15)(c), F.S.] (Section 163.3184(8)(b)2, F.S.);
Ar.~ist of additional changes made in the adopted amendment that the Department did not previously review (Rule 9J-
~(5)(a)5.a, FAG.);
"'} j'List of findings of the local governing body, if any, that were not included in the ordinance and which provided the basis
~adoption or determination not to adopt the proposed amendment (Rule 9J-11.011 (5)(a)5.b, FAG.);
dir Statement indicating the relationship of the additional changes not previously reviewed by the Department to the ORG
feft!rtfrom the Department (Rule 9J-11.011 (5)(a)5.c, FAG.)
.,t List of proposed amendments previously reviewed by the Department in current cycle of amendments that were not
~d by local government (Rule 9J-11.011 (5)(a)5.d, FAG.)
;,;;; If local government uses replacement page format: copies of newly adopted comprehensive plan pages that contain
~ adopted plan amendments and new cumulative table of contents (Rule 9J-11.011 (5)(e) and (f), FAG.).