LEGAL APPROVAL
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omnNANCE NO. 79-3&.
AN ORDINANCE OF TIlE CITY OF BOYNTON
BEACR, FLORIDA, AMENDING ORDINANCE NO.
75-19 OF SAID CITY BY REZONING A CERTAIN
PARCEL OF LAND DESCRIBED AS PORTIONS OF
THE SOUTffi'lliST 1/4 OF SECTION 17, AND THE
NORTHWEST 1/4 OF SECTION 20, TOHNSHIP 45
SOVTH, PANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, LYING SOUTH OF THE SOUTHERLY
RIGHT-OF-WAY LINE OF NORTHWEST 22ND
AVENUE AS DESCRIBED IN OFFICIAL RECORDS
BOOK 1738 AT PAGE 1686 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, AND
EAST OF EASTERLY RIGHT-OF-WAY LINE OF
CONGRESS AVE~mE, WEST OF THE WESTERLY
RIGHT-OF-WAY LINE OF THE ~XE WORTH
DRAINAGE DISTRICT EOUALIZING CANAL E-4
AND NORTH OF THE NORTH RIGHT-OF-WAY
LINE' OF LAKE WORTH DRAINAGE DISTRICT'S
BOYNTON CP.NAL. . SAID TAACT OF LAJ.,{D con-
TAINs APPROXH1ATELY 90 ACRES MORE OR LESS
FROM R-3 AND C-l TO PL~NNED INDUSTRIAL
DEVELOPMENT (PID) , ADOPTING A DEVELOPMENT
OF REGIONAL IMPACT ORDER (DRI) ORDER IN
CONNECTION WITH SAID REZONING, PROVIDING
FOR A SAVINGS CLAUSE, REPEALING PROVISION,
AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
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WHEREAS, on October 1, 1979, MOTOROLA, INC. (herein-
after sometimes referred to as Applicant or Motorola) filed a
Development Regional Impact Application for Development Approval
(hereinafter Application) with the Treasure Coast Re~ional Plan-
ning Council (TCRPC) in accordance with Section 380.06, Florida
Statutes; and
'VHERF.AS, said Applicant nroposes to develop a manu-
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facturing development and administrative facility on approximately!'
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90 acres, constituting a Comprehensive (Industrial and,Commercial) I
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Development of Regional Impact on the followin~ described real
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located in Palm Beach Countv, Florida:
A tract of land described as portions of
the Southwest 1/4 of Section 17, and the
Northwest 1/4 of Section 20, Township 45
South, Range 43 East, Palm Beach County,
Florida, lying South of the Southerly
Right-of-1'lay line of Northwest 22nd Avenue
as described in Official Records Book 1738
Page 1686 of the Public Records of Palm Beach
County, Florida, and East of Easterly Right-
of-Way line of Congress Avenue, West of the
Westerly Right-of-Way line of the Lake Worth
Drainage District Equalizing Canal E-4 and
North of the North Right-of-Way line of the
Lake Worth Drainage District's Boynton Canal.
Said tract of land contains approximately
90 acres more or less.
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WHEREAS, the City Council of Boynton Beach, (herein-
,after City Council) the governing body of the local ~overnment
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I'having jurisdiction, pursuant to Section 380.031 and 380.06, Florida
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;'Statutes, is authorized and empowered to consider Applications
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:for Development Approval for Developments of Regional Impact; and,
~~EREAS, the public notice require~ents of Section
;'166.041, Florida Statutes and Section 380.06 (7), Florida Statutes',
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lihave been satisfied and notice has been given to the Diyision of
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!!State Planning; Treasure Coast Regional Planning Council; Depart-
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!jment of Environmental Regulation, Tallahassee Office; Department
liof Environmental Regulation, District Office, West Palm Beach;
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II South Florida Water Management District; and,
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II a duly noticed public hearing -on the Application and has heard and
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Jlconsidered the testimony taken thereat; and,
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lireport and recommendations of the Treasure Coast Regional Plan-
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~~EP~AS, this City Council has on December 18, 1979 hel~
vffiEREAS, this Council has received and considered the
WHEREAS, this City Council has received and considered
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'ithe report and recommendations of the Technical Review Board and
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lithe Planning and Zoning Board of the City of Boynton Beach; and,
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II FINDINGS OF FACT AND CONCLUSIONS OF LAW with regard to the
j'Application for Development Approval, to-wit:
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:: critical state concern designated pursuant to the provisions of
!i Section 380.05, Florida Statutes;
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I recognized by the legislature as an advisory policy document for
ii the entire State of Florida, and the proposed development does
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ilnot unreasonably interfere with the achievement or the objective
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vffiEREAS, this City Council has made the following
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FINDINGS OF FACT
A.
The proposed development is not in an area of
B.
A State Comprehensive Planning Document has been
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C. The proposed Development of Regional Impact Order
(DRI) Order is consistent with the adopted comprehensive plan for
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:1 the City of Boynton Beach and Section 7, Paragraph 10 of
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Ii Appendix A of the Boynton Beach Code.
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Ii D. The proposed development is consistent ~vith the
lireport and recommendations of the Treasure Coast Regional Plan-
!:ning Council submitted pursuant to Section 380.06(8), Florida
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IIStatutes, in Exhibit A attached hereto and made a part hereof.
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ICouncil of Boynton Beach, of Palm Beach County, Florida,
lmeeting, duly constituted
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Ithe Comprehensive Development of Regional Impact Application for
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IDevelopment Approval submitted by MOTOROLA, INC. is hereby .
; o,rdered APPROVED, flubj e,ct to the foJ,.lowing cQnditions, restrictions:
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Ian ~m~ta ~ons:
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in that area
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CONCLUSIONS OF LAW
NOW THEREFORE, it is hereby determined by the City
and assembled this December 18, 1979,
in public
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In the event of discovery of archaeological arti-
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project construction, the Applicant shall avoid damag~
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and notify and cooperate .nth the Division of Archive~
State of Florida. Proper protection, to the satisfaction of the
jDivision of Archives, shall be provided by the Applicant.
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: surfaces on the project site shall be instituted and carried out
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,by the Applicant.
2.
A,program of regular vacuum sweeping of all paved
A description of this program shall be provided
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to Treasure Coast Regional Planning Council, South Florida Water
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The Applicant shall request Florida Department of
handling and disposal procedures for its toxic or hazardous wastes
which are acceptable to DER.
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5. Plant operation for the proposed DRI shall not be
permitted to begin unless conditions 3 and 4 above have been met.
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'1for meeting hot water requirements, completely or in part, through
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!!the use of solar enerf,y or waste heat recovery. Results of this
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liinvestigation shall be presented to Treasure Coast Regional Plan-
lining Council and the City of Boynton Beach, and if cost effective,
lithe Apolicant shall implement the most feasible and effective of
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ithese options during construction.
i 7. The Applicant shall provide an easement along Con-
Ilgress Avenue and Northwest 22nd Avenue to accommodate a bikeway!
pede,strian path, in accordanc:e with the City's and Palm Beach
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Icounty's Comprehensive Plans and construct an 8 foot bike path
in said easement.
6.
The Applicant shall fully.in~estigate the options
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a. The Applicant shall conduct a study in"con-
junction wi,th the BoYnton Beach Police Department to determine if
security fencing is required around the parking areas constructed ~
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conjunction with the plant.
In the event the Applicant and the
Boynton Beach Police Department concur that such a security
Ifence is needed at any time in the future, such security fencing
8.
The following road and traffic improvements will
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shall be constructed.
needed as the proposed project is developed by the Applicant:
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a. The intersection of all project driveways with,!
Congress Avenue and Northwest 22nd Avenue shall be improved with I
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left turn lanes, right turn lanes and tr.affic signals, as warranted
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by the Palm Beach County Traffic E~gineer. I
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b. The intersection of Congress Avenue and North-'
turn lanes and traffic signals, as warranted by the Palm Beach
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following Sections of the Agreement between Palm Beach County and '
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The highway improvements described in the
west 22nd Avenue shall be improved with left turn lanes, right
County Traffic Engineer.
Riteco Development Corporation dated August 1, 1978, relating to
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traffic impacts of the proposed Sandhill Project:
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Section III - Traffic signals;
Section IV' - Left turn lanes, Northwest
22nd Avenue and Seacrest Boulevard;
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Section V - Intersection of Congress Avenue and
Northwest 22nd Avenue;
Section VI - Four laning of Congress Avenue.
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ii d. The widening of Congress Avenue between Boynton and
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!iHypoluxo Roads, to an ultimate six lanes, with the design level of
lllservice for highwa! planning designated by the Metropolitan Plan-
!,ning Organization.
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I, In order to assist Palm Beach County, the State of
ill Florida, and all other involved and responsible governmental agenc~e!
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lito timely and expeditiously plan for the engineering and construc- i
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,I tion required, and to budget for the acquisition of public or I
"governmental funds for the construction of these roads and traffic!
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!!improvements, the Applicant shall give written notice to Palm Beac9
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County of its intent to commence construction on any approved
facility in the proposed project, not less than six months ( and
preferably' one year), prior to the date upon which it proposes to
commence such construction.
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I 9. The Applicant shall dedicate to Palm Beach County
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Congress Avenue 60 feet from centerline;
Northwest 22nd Avenue 60 feet from centerline;
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The Applicant shall establish and actively support, 1
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,a car pooling program. At the end of the first year of Phase 1
11 operations, the Applicant shall provide a written repo~t to the
!iT~easure Coast Regional Planning Council, the Metropolitan Plan-
n~ng Organization and the Palm Beach County Traffic Engineer on
its activities and an evaluation of their effectiveness.
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I 11. Within one year of the commencement of Phase 1
'! operations , or any subsequent expansion of facilities, the
Applicant shall undertake a study of the feasibility of estab-
l.lishing or participating in a van pool program and shall transmit
the results of that study to the Treasure Coast Regional Planning
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"Council, the Metr.p.litan Planning Organization and the Palm Beach
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:; County Traffic Engineer.
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l'subsequent expansion, the Applicant shall provide the Palm Beach
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i\Countv Transportation Authority with information regarding the
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fgeneral location of its employees' residences and shall consult
I!With the Authority regarding the feasibility of establishing or .
II expanding routes to serve the plant. If bus service is 'provided
!I to the plant, the Applicant shall provide boarding and unloading
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Ii space on-site or provide space for turnout, bays along Congress
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Iland Northwest 22nd Avenue, if needed.
IT IS FURTHER DETERMINED by the City Council of Boynton
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Up.n commencement of Phase 1 operations, or any
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Beach as follows:
I 13. That this DRI Order shall constitute the Develop- ,
Il'ment Order of this Council issued in response to the Comprehensive I
'Development of Regional Impact Application for Development APproval'
filed by the Applicant.
14. That the definitions found in Chapter 380, Florida f
Statutes, shall apply to this DRI Order.
15. That the following are hereby incorporated by
reference and made a part of this DRI Order.
a. The Application for Development Approval sub-
mitted by MOTOROLA, INC. to the City of Boynton Beach on or about
October 1, 1979.
b. Supplementary and amendatory materials sub-
mitted under cover lett~s dated~O/11/i9 and ~1/3Q/79 from John
Gesbocker of Heery & Heery Architects and Engineers, Inc.
c.
Supplemental information provided under a
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cover letter dated November 21, 1979 from Mary Lou Lackey of
MOTOROLA, INC. j
d. Master Plan and accompaning documents submitte
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Beach.
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16. That this DRI Order shall be binding upon the
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::Applicant and its assignees or successors in interest. It is
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i:understood that any reference herein to any governmental agency
lishall be construed to mean any future instrumentality which may
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jibe created and designated as successor in interest to, or which
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Ii otherwise possesses anv of the powers and duties of any referenced
II governmental a~ency in existence on the effective date of this .
DRI Order.
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II this DRI Order
stitutional by
That in the event that any portion or section of
is determined to be invalid, illegal or uncon-
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That the approval granted by this DRI Order is
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a court of competent jurisdiction, such decision
shall in no manner affect the remaining portions or sectio?s of,
this DRI Order, which shall remain in full force and effect.
I ditional.
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Such approval shall not be construed to obviate the
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IShall not require further review pursuant to Section 380.06,
Florida Statutes, unless it is found by the City Council
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That subsequent requests for development permits
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of BOynto1
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Iduty of the Applicant to comply with all other applicable local
or state permitting procedures.
Beach, after due notice and hearing, that one or more of
ing is present:.
I a. A substantial deviation from the terms or
II ditions of this DRI Order, or other changes to the approved
development plans which create a reasonable likelihood of adverse
in the review
by Treasure Coast Regional Planning Council, or
b. An expiration of the period of effectiveness
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regional impacts or other regional impacts which were not
lof this DRI Order as provided herein.
Upon a finding that any of the above is present,
the Council shall order a termination of all development activity
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20. That this Development Order shall remain in effect
for a period of 30 years from the date of its rendition provided
that this effective period may be extended by this Council upon a
, finding of excusable delay in any proposed development activity
: and that conditions have not changed sufficiently to warrant further
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consideration of the development. In the event the Applicant fails
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':to commence significant physical development within four years
,: from the date of rendition of this DRI Order, development appro~al
i:shall te,rminate and the development shall be subject to further
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qclearing and foundations for the facility.
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Significant physical development shall mean site
21.
Actual development phasing will depend upon
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::circumstances and Applicant's internal business growth. The pro-
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:jposed phases of development as discussed in question 12A of the
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:iComprehensive Development of Regional Impact Application are for
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i! planning purposes only and the actual development schedule may
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ii shall submit a revised Haster Development Plan, and such other
!Irevised plans as are appropriate, to the City Planning Director,
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I: the Treasure Coast Regional Planning Council and the Division of
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;; State Planning. These revised plans shall incorporate all changes;
ii if any, in the development as required by this DRI Order.
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:: become effective upon adoption as a part
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l'the subject property from R-3 and C-I to
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;,ment (PID) , (provided such date shall be extended until completion'
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Within 60 days from the date hereof the Applicant
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The DRI Order set forth in Section I hereof shall
of the Ordinance rezoning,
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Planned Industrial Develop-
;, of appellate procedures, if any. relating to the issuance of this
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Ii Order and rezoning subject property to Planned Industrial Develop-:
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I; ment (PID) shall be transmitted immediately by certified mail to
Ii the Division of State Planning, the Treasure Coast Regional
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Ii Planning Council and MOTOROLA, INC.
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Copies of this Ordinance incorporating the DRI
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Section 2.
That the following described land located in the City
of Boynton Beach, Florida:
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A tract of land described as portions of
the Southwest 1/4 of Section i7, and the
Northwest 1/4 of Section 20, Township 45
South, Ran~e 43 East, Palm Beach County,
Florida, lying South of the Southerly
Right-of-Way line of Northwest 22nd Avenue
as described in Official Records Book 1738
at Page 1686 of the Public Records of Palm
Beach County, Florida, and East of Easterly
Right-of-Way line of Congress Avenue, West
of the Westerly Right-of-Way line of the
Lake Worth Drainage District Equalizing
Canal E-4 and North of the North Right-of-
Way line of the Lake Worth Drainage District's
Boynton Canal. Said tract of land con-
tains approximately 90 Acres more or less.
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pbe and the same is hereby rezoned from R-3 and C-l to Planned
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Ii Industrial Development (PID).
Ii Section 3.
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Ii amended accordingly.
'Section 4.
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The aforesaid Revised Zoning Map of the City shall be
That the application of MOTOROLA, INC., contract
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Il above-described tract of land for rezoning of subj ect tract is
i!hereby granted for the ;purpose of permitting the development of
I:said land as a Planned Industrial Development (PID) in specific
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Ii accordance with the DRI Order set forth in Section 1 hereof and
lall requirements, terms and conditions established and set forth
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in the minutesoi the Municipal Planning and Zoning Board of the
ICity of Boynton Beach pertaining to the review and approval of
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Isaid Application which minutes together with the application for
iDe~elopment Improvement submitted by MOTOROLA, INC. to Treasure
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!Coast Regional Planning Council on October 1, 1979, and supple-
jmental material submitted by Heery and Heery Architects &
I Engineers , Inc. on 10/11/79 & 11/30/79 and supplemental material
jsubmitted on November 21, 1979 by Mary Lou Lackey are hereby made
a part hereof by reference.
Except as provided herein, the Applicant shall proceed
lin strict accordance with all ordinances of the City of Boynton
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,Beach, including, but not limited to. its building. electrical.
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That should any section or provision of this Ordinance
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Ildiction to be invalid, such decision shall not affect the re-
:imainder of this Ordinance.
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I' ect~on .
Ii All ordinances or parts of ordinances in conflict here-
Ilwith are hereby rep.ealed,
II Section 7.
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,I its passage.
I FIRST READING this J g day of .Af,b~
II SECOND, FINAL READING and PASSAGE this '7
198p.
any portion thereof be declared by a Court of competent juris-
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This Ordinance shall become effective immediately upon
. 1979.
day of 9._";'1
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CITY OF BOYNTOU BEAC. . FLORIDA
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'.. 'I' A:TEST:
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i C'tty, Cler
! Corp. Seal
I!, TEREESA PAD8E'lT, City Clerk of the City of Boynton Beach, Florida, do hereby
, certify that the above is a true and correct copy of Ordinance No. 79-36 as it
appears in the records of the City of Bo)'T.ton Beach.
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'lereesa Padgett . ty Clerk
, - Jan 8" '
" uary, :1~80,
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ounc~ _ember .,.-
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