03-012ORDINANCE NO. 03- O I ~,,
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH,
FLORIDA, REGARDING THE APPLICATION
FOR REZONING OF MOTOROLA DRI/DARYL
M. CARTER MAURY L. CARTER &
ASSOCIATES, INC., AMENDING
ORDINANCE 02-013 OF SAID CITY BY
REZONING A PARCEL OF LAND MORE
PARTICULARLY DESCRIBED HEREIN, FROM
PID PLANNED INDUSTRIAL DEVELOPMENT
TO C-3 COMMUNITY COMMERCIAL;
PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
WHEREAS, MOTOROLA, INC., owner of the property more particularly
described hereinafter, has heretofore filed a Petition, through its agent, R. Duke
Woodson of Foley and Lardner, pursuant to Section 9 of Appendix A-Zoning, of the
Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a
parcel of land consisting of approximately +49.46 acres, said land being more
particularly described hereinafter, from PID Planned Industrial Development to C-3
Community Commercial; and
WHEREAS, the City Commission conducted a public heating and heard
testimony and received evidence which the Commission finds supports a rezoning for the
property hereinafter described; and
WHEREAS, the City Commission finds that the proposed rezoning is consistent
with an amendment to the Land Use which was contemporaneously considered and
approved at the public heating heretofore referenced; and
WHEREAS, the City Commission deems it in the best interests of the
inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set
forth.
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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. The following described land, located in the City of Boynton
Beach, Florida as set forth as follows:
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 SOUTH OF, AS MEASURED
AT RIGHT ANGLES TO THE CENTERLINE OF NW 22"d 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
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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, 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 22"a 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
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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 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 AVENUE, BEING THE EAST LINE OF
THAT CERTAIN 10 FOOT WIDE STRI~ OF LAND AS SHOWN ON SAID PLAT
OF MOTOROLA AS ADDITIONAL RIGHT-OF-WAY DEDICATED BY SAD
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 SAD 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
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DISTANCE OF 241.34 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 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 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"d 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 22N~) 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
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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 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, RESERVATIONS AND RIGHTS
OF WAY OF RECORD.
be and the same is hereby rezoned from PID Planned Industrial Development to C-3
Community Commercial. A location map is attached hereto as Exhibit "A" and made a part
of this Ordinance by reference.
Section 3: That the aforesaid Revised Zoning Map of the City shall be amended
accordingly.
Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 5: 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
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land
remainder of this Ordinance.
Section 6. This ordinance shall become effective simultaneously with the appropriate
tse amendment.
FIRST READING this [ day of Iq pC; [
SECOND, FINAL READING and PASSAGE this __
,2003.
!~" day of
,2003.
Commissioner
ATTEST:
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