02-061ORDINANCE NO. 02-0/0 /
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING ORDINANCE NO. 79-36 OF THE
CITY OF BOYNTON BEACH BY ADOPTING AN
AMENDMENT TO THE MOTOROLA DRI ORDER;
PROVIDING FOR A SAVINGS CLAUSE, REPEALING
PROVISION, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 1, 1979, MOTOROLA, INC., (hereinafter sometimes
referred to as Motorola) filed a Development of Regional Impact Application for
Development Approval (hereinafter Application) with the Treasure Coast Regional Planning
Council (TCRPC) in accordance with Section 380.06, Florida Statutes; and,
WHEREAS, the City Commission of the City of Boynton Beach approved the
Motorola Development of Regional Impact on June 3, 1975 by Ordinance No. 75-19, and
subsequently amended by Ordinance 79-36, dated January 7, 1980; and
WHEREAS, Motorola proposed to develop a manufacturing development and
administrative facility on approximately 90 acres, constituting a Comprehensive (Industrial
and Office) Development of Regional Impact on the following described real property
located in Palm Beach County, Florida, described in Exhibit "A".
WHEREAS, on September 18, 2002, Maury L. Carter & Associates, Inc., the new
owner of the Property (hereinafter referred to as Developer), filed a Notice of Proposed
Change to the Motorola Development of Regional Impact with the City of Boynton Beach,
the Treasure Coast Regional Planning Council and the Florida Department of Community
Affairs in accordance with Section 380.06, Florida Statutes; and
WHEREAS, said Developer proposes to operate the existing office, warehousing,
and manufacturing uses currently existing on the Property and to develop vacant portions of
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the Property as a mixed-use project with residential dwellings and supporting commercial
uses; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida (hereinafter
City Commission), the governing body of the local government having jurisdiction, pursuant
to Section 380.031 and 380.06, Florida Statutes, is authorized and empowered to consider
Notices of Proposed Change; and
WHEREAS, the public notice requirements of Section 166.041, Florida Statues, and
Section 380.06(7), Florida Statutes, have been satisfied and notice has been given to the
Division of Community Affairs, the Treasure Coast Regional Planning Council; and
WHEREAS, this City Commission has on December 17, 2002, held a duly noticed
hearing on the Application and has heard and considered the testimony taken thereat;
tnd
WHEREAS, this City Commission has received and considered the report and
recommendations of the Treasure Coast Regional Planning Council; and
WHEREAS, this City Commission has received and considered the report and
recommendations of the Technical Review Committee and the Planning and Development
Board of the City of Boynton Beach; and
WHEREAS, this City Commission has made the following FINDINGS OF FACT
AND CONCLUSIONS OF LAW with regard to the Application for Development Approval.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing Whereas clauses arc true and correct and incorporated herein by
this reference.
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Section 2. That the City Commission of the City of Boynton Beach, Florida makes the
following findings of fact regarding the Notice of Proposed Change submitted by Maurly L.
Carter & Associates, Inc., the "Developer" related to the Motorola Development of Regional
Impact previously approved by Ordinance 79-36:
FINDINGS OF FACT
A. The proposed development is not in an area of critical state concern
designated pursuant to the provisions of Section 380.05, Florida
Statutes;
B. A State Comprehensive Planning Document has been recognized by
the legislature as an advisory policy document for the entire State of
Florida, and the proposed development does not unreasonably interfere
with the achievement of the objective of this advisory policy
document;
C. The proposed amendment to the Development of Regional Impact
Order (DRI) Order will be consistent with the corresponding
amendment of the adopted comprehensive plan for the City of Boynton
Beach and are, or will be, consistent with the local land development
regulations, subject to conditions outlined herein, and Section 7,
Paragraph 10 of Appendix A of the Bovnton Beach City Code; and
D. The proposed development will be consistent with the report and
recommendations of the Treasure Coast Regional Planning Council
submitted pursuant to Section 380.06(8), Florida Statutes.
CONCLUSIONS OF LAW
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It is hereby determined by the City Commission of the City of Boynton Beach,
Florida, in a public meeting, duly constituted and assembled this 17th day of December,
2002, that the Notice of Proposed Change to the Motorola Development of Regional Impact
submitted by the Developer is hereby ordered Approved, subject to the following provisions
of this Ordinance and the Conditions of Approval attached hereto as Exhibit "C", and
~ncorporated herein by reference.
1. That this amended DRI Order shall constitute the Development Order of this
Commission issued in response to the Notice of Proposed Change for the Motorola
DRI filed by the Developer.
2. That the definitions found in Chapter 380, Florida Statutes shall apply to this
amended DRI Order.
3. The Development Order shall be amended to include the following provisions:
Conversion of 825,000 square feet of industrial and office land use
entitlements to:
500 multi-family residential units
63,500 square feet of retail use
450,000 square feet of office use
128,000 square feet of industrial (warehouse) use
Master Site Development Plan Amendment No. 1, as submitted to thc
City, a copy of which is attached hereto and made a part hereof an
Exhibit "B", replaces and supersedes the Master Site Development
Plan currently approved in the Development Order.
That this amended DRI Order shall be binding upon the Developer and its assignees
or successors in interest. It 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 governmental agency in
existence on the effective date of this amended DRI Order.
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o
That in any event that any portion of section of this amended DRI Order is determined
to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such
decision shall in no manner affect the remaining portions or sections of this amended
DRI Order, which shall remain in full force and effect.
That the approval granted by this amended DRI Order is conditional. Such approval
shall not be construed to obviate the duty of the Developer to comply with all other
applicable local or state permitting procedures.
The amendments proposed by the Developer do not create any additional impacts and
therefore do not constitute a substantial deviation under Chapter 380.06, Florida
o
Statutes (1996).
That this amended Development Order shall remain in effect for a period of 30 years
from the date of its rendition, up to and including January 7, 2010, provided that this
effective period be extended by this Commission upon a finding of excusable delay in
any proposed development activity and that conditions have not changed sufficiently
to warrant further consideration of the development. In the event the Developer fails
to commence significant physical development within four years from the date of
rendition of this amended DRI Order, development approval shall terminate and the
development shall be subject to further consideration. Significant physical
development shall mean site clearing and foundations for the facility.
Actual development phasing will depend upon economic circumstances and
Developer's internal business growth. The proposed development as described in
the Notice of Proposed Change to the Motorola DRI are for planning purposes only
and the actual development schedule may vary therefrom.
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10. The amended DRI Order set forth in Section 1 hereof shall become effective upon
adoption as a part of the Ordinance rezoning a portion of the subject property from
Planned Industrial Development (PID) to Community Commercial (C-3) and
amending the land use designation for a portion of the subject property from
Industrial to Local Retail Commercial (provided such date shall be extended until
completion of appellate procedures, if any, relating to the issuance of this amended
DRI Order.
11. Copies of this Ordinance incorporating the amended DRI Order, rezoning a portion of
the subject property to Community Commercial (C-3) and amending the land use
designation of a portion of the subject property to Local Retail Commercial shall be
transmitted immediately by certified mail to the Division of Community Planning, the
Treasure Coast Regional Planning Council and the Developer.
12. Except as otherwise amended herein, the Development Order shall remain in full
force and effect.
Section 3. That the following described land located in the City of Boynton Beach,
Florida, (approximately 49.69 acres) is subject to the successful Land Use Plan Amendment
and Rezoning, which will occur after review by the State of Florida Department of
Community Affairs:
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 1
COMMENCING AT THE NORTHEAST CORNER OF SAID PLAT OF MOTOROLA, SAID
POINT LYING 50.00 FEET SOUIH OF, AS MEASURED AT RIGHT ANGLES TO THE
CENTERLINE OF NW 22"a AVENUE AND LYING ON THE WESTERLY RIGHT-OF-WAY
LINE OF THE LAKE WORTH DRAINAGE DISTRICT EQUAI,IZING 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
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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 SAD
WESTERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 17 DEGREES 25
MINUI'ES 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 2~
SECONDS, A DISTANCE OF 154.00 FEET TO A POINT OF TANGENCY; THENCE SOUTH 17.
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 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 NORTH 00 DEGREES
12 MINUTES 55 SECONDS WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, g
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
MINUI'ES 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 1033.2~.
FEET; THENCE NORTH 00 DEGREES 55 MINUTES 13 SECONDS WEST, A DISTANCE OF
185.00 FEET TO AN INI'ERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF NW 22Nn
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
CENI'ERLINE OF NW 22na AVENUE AND LYING ON THE WESTERLY RIGHT-OF-WAY
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LINE OF THE LAKE WORTH DRAINAGE DISTRICT EQUAIJZING 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 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 ~4
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 l0
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-lC 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 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 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 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
250.40 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 38 MINUTES
39 SECONDS EAST, CONTINUING ALONG SAD 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
WHH 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
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 2~,
DEGREES 15 MINUI'ES 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~
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TOGETHER WITH ALL THAT PART OF THE PLAT OF MOTOROLA , A PLANNED
INDUSTRIAL DEVELOPMENT, ACCORDING TO THE PLAT THEREOF, AS RECORDED
PLAT BOOK 43, PAGE 139 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOW:
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 22'~'~ AVENUE AND LYING ON THE WESTERLY RIGHT-OF-WAY OF
THE LAKE WORTH DRAINAGE DISTRICT EOUAI,IZING CANAL E-4~ THENCE FROM
SAID POINT OF COMMENCEMENT, SOUTH 07 DEGREES 10 MINUTES 03 SECONDS EAST
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
SOUIH 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 3d
SECONDS WEST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESR
AVENUE, AS RECORDED IN OFFICIAL RECORDS BOOK 6654, PAGE 410, PALM BEACII
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 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 MINUI'ES 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 MINUI'ES 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, RESERVATIONS AND RIGHTS OF WAY OF
RECORD.
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Section 6.
Section 7.
FIRST READING this ~ day of
SECOND READING and FINAL PASSAGE this
Section 4. Except as provided herein, the Developer shall proceed in strict accordance
with all ordinances of the city of Boynton Beach, including, but not limited to, its building,
electrical, plumbing, subdivision, planning and zoning codes, and all rules and regulations of
the State of Florida Department of Environmental Protection.
Section 5. That should any section or provision of this Ordinance or any portion thereof
be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect
the remainder of this Ordinance.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
This ordinance shall become effective immediately upon its passage.
,2002.
~ day of '~~ ~e.~' ,2002.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Commissioner
121002 DRI Amendment Motorola.doc
Page 10
EXHIBIT "A"
LEGAL DESCRIPTION:
ALL OF TRACTS 94 THROUGH 107, SECTION 20, OF SUBDIVISION
OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS PER PLAT
THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, INCLUDING 30 FOOT STRIP LOCATED IN SECTION 20,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, AND BOUNDED ON THE SOUTH BY BOYNTON
CANAL AND ON THE NORTH BY TRACT 94, SECTION 20, OF THE SUBDIVISION OF
SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20, PALM BEACH COUNTY
RECORDS ALSO INCLUDING 30 FOOT STRIP SHOWN AS ROAD EASEMENT RUNNING
FROM CANAL C-16 NORTH TO THE NORTH LINES OF LOTS 102 AND 107 EXTENDED OF
SUBDIVISION OF SECTIONS 29 AND 20, RECORDED IN PLAT BOOK 7, PAGE 20 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING BETWEEN LOTS 96 TO
102 ON THE EASTANDLOTS94,95AND103THROUGH107ONTHEWESTiNSAiD
SUBDIVISION.
ALSO, ALL LANDS, INCLUDING LAKE BOTTOM OF LAKE JACKSON AND LANDS
DESIGNATED "SAND BEACH" OR "LOW MUCK" OR OTHERWISE LYING BETWEEN THE
ABOVE DESCRIBED PROPERTY AND WEST OF THE RIGHT-OF-WAY OF THE LAKE
WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4, EXCEPTING THAT PORTION OF
TRACTS 94, 95, 103, 104, 105, 106, AND 107, SECTION 20, SUBDIVISION OF SECTIONS
29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20, PALM BEACH COUNTY PUBLIC
RECORDS WHICH LIES WITHIN 50 FEET OF THE WEST LINE OF SAID SECTION 20.
ALSO, ALL THAT PART OF THE SW ¼ OF SECTION 17 AND THE NW ¼ OF SECTION 20,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA LYING
SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF NW 22ND AVENUE AS DESCRIBED
IN OFFICIAL RECORDS BOOK 1738, PAGE 1686 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA AND NORTH OF THE SUBDIVISION OF SECTIONS 29 AND 20,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, RECORDED IN PLAT BOOK 7, PAGE 20,
HEREINABOVE DESCRIBED, AND EAST OF THE EASTERLY LINE OF RIGHT-OF-WAY OF
CONGRESS AVENUE AND WEST OF THE WESTERLY LINE OF RIGHT-OF-WAY LINE OF
THE WESTERLY LINE OF RIGHT-OF-WAY LINE OF THE LAKE WORTH DRAINAGE
DISTRICT EQUALIZING CANAL E-4.
EXCEPTING FROM ALL OF THE ABOVE DESCRIBED PROPERTY THE RIGHT-OF-WAY OF
CONGRESS AVENUE, LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4 AND
RIGHT-OF-WAY OF CANAL C-16 FORMERLY BOYNTON CANAL.
S:~Planning~SHAREDtWP~PROJECTS~Motorola ORI~DRI~DRIA 02- 002 Exhibit A.doc
EXHIBIT "B"
R.~toil
5.~+_ Ac.
1.3_+ Ac.
Retail I~.1 +_ a~.
Industrial 10.3~ c~.
O~f'ic= 2q.O~ ac.
~lulti F~"~ ily 33.0_+
Total ~7.4+_
EXISTING SiGNALiZED iNTERSECTiON
EXISTING FULL ACCESS POINT
Pt~O~ED FULL ACCESS POINT
P~OP~I~D ~IC~T IN/RIGHT OUT
C
u9
Industrial/OFFi¢~
3q.5~ Ac.
r'lulti- Fcrnit¥
33.0_ Ac.
I~)¥NTON CANAL
TIlE MOTOROLA DRI NOPC
MASTER DEVELOPMENT PLAN
Boynton Beach, Palm
Beach County, Florida
~80ctz~, 2002
EXHIBIT "C"
Conditions of Approval
Project name: Motorola
File number: DRIA 02-002
Reference: Revised 2nd review identified as Development of Regional Impact Amendment Master Plan with a
November 5, 2002 Planning & Zoning Department date stare- marking
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: To be determined. X
UTILITIES
Comments:
1. The Developer has agreed to furnish their own fire flow protection from an X
on-site source for all fire-flows above the City requirement of 1500 gpm (~
20 psi residual) demand. In the event the on-site source cannot be approved
by the City or other regulatory agencies, an engineering evaluation of the
additional impacts on the potable water system (as outlined in the next
condition dealing with sanitary sewer demand/capacity) will be required for
the demand/capacity of the potable water system as well. The on-site fire
protection system from this private source may therefore not be
interconnected with the City's potable water system.
2. The City recognizes prior vesting (for planning purposes) in the site of X
127,000 gallons per day (gpd) each for potable water and sanitary s ewer
demand. In consideration of the condition stated above, the developer shall
fund an analysis, t o b e conducted b y t he City's engineers, e valuating t he
ability of the City's sanitary sewer conveyance system to properly
accommodate the flows exceeding 127,000 gpd from this site. Funding of
this study shall be escrowed with the City upon request and the furnishing
of a written "not-to-exceed" cost estimate to the developer. Upon receipt of
the requested amount, the City shall endeavor to complete the analysis
within 120 days. In the event the analysis indicates that improvements are
required to the City's conveyance system, the developer shall commence the
design of said improvements upon requesting a total sewer commitment
exceeding 102,000 gpd (i.e. 80% of the vested amount). The developer shall
subsequently begin construction of the improvements after receiving City
approval of the design, (or furnish sufficient funding for the City to
construct said improvements, at the City's option). The commencement of
construction shall occur no later than the developer's request for a total
sewer commitment exceeding 114,300 gpd (90% of the vested amount). The
developer shall not be penalized or delayed by the City from constructing
additional phases t o t he p ro)ect i f h e satisfies a 11 conditions o f t he above
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
deadlines in a timely manner.
3. The developer shall be responsible for reserving purchasing all additional X
water and sewer capacity, based upon the requirements as stated in the
City's code, not heretofore purchased b7 the prior owners of the property.
Comments:
4. The site plan and master plan design documents shall adhere to Chapter 9 of X
the Code of Ordinances of the City of Boynton Beach entitled "Fire
Protection and Prevention." This ordinance adopts NFPA 1, Fire
Prevention Code, 2000 edition, and NFPA 101, Life Safety Code, 2000
edition. (these codes, as amended are identified as the Florida Fire
Prevention Code)
5. Design documents shall demonstrate compliance with LDR Chapter 6, X
Section 16, which provides requirements for hydrants. Hydrants in
commercial applications shall be no more than 300 ft. apart and the remotest
part of any structure shall be no more than 200 ft. from a hydrant.
Connections shall be to mains no less than 6 inches in diameter. In addition
to domestic requirements at a residual pressure of not less than 20 psi, a fire
flow of at least 1500 l~'pm is required.
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DMSION
Comments: None X
PARKS AND RECREATION
Comments:
6. The notice mentions 500 residential units to be added to the development. X
These units would be subject to the Park and Recreation Impact Fee based
on the type of units involved.
Single Family, detached = $940 ea
Single Family, attached = $771 ea
Multi-family = $656 ea
DEPARTMENTS INCLUDE REJECT
7. The fee is du6'at the time of the first applicable building permit. X
8. At time of site plan approval for any portion of the site included in the X
NOPC Amendment #1 request, the applicant will work with the Parks &
Recreation Department to provide a greenway / bikeway easement along the
east and/or south sides of this property especially along the E-4 canal.
FORE STER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
9. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) 5.c. the application for a X
proposed change is presumed to be a substantial deviation. This
presumption may be rebutted by clear and convincing evidence.
10. The ~ra£fic study was submitted to Palm Beach County traffic engineering X
£or approval. Approval is required prior to the Chapter 380 F.S. Public
Hearing £or the NOPC Amendment #1.
11. Applicant must submit an Annual Report for the Motorola DRI by January X
1, 2003.
12. The approval o£NOPC #1 is contingent upon the approval o£the Land Use X
Amendment from Industrial to Local Retail Commercial and the Rezoning
from Planned Industrial District (PID) to Community Commercial (C-3) for
the 49.685 acre portion of the DRI.
13. A replat may be required to develop the site. This will be determined at time X
of site plan approval.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. To be determined. X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
Conditions of Approval
4
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