03-011ORDINANCE NO. 03- C) I ~
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING PROPERTY
LOCATED AT 1500 GATEWAY BOULEVARD,
CONSISTING OF APPROXIMATELY +49.69 ACRES
OF LAND, (MOTOROLA DRI); AMENDING
ORDINANCE 89-38 BY AMENDING THE FUTURE
LAND USE ELEMENT OF THE COMPREHENSIVE
PLAN OF THE CITY FOR THE PROPERTY MORE
PARTICULARLY 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 DRI 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 heating 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: Ordinance No. 89-38 of the City is hereby amended to reflect the
following:
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That the Future Land Use of the following described land shall be designated as
Local Retail Commercial (LRC). Said land is more particularly described 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"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 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 AVENUE, BEING
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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 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 1176.29 FEET TO
\CA\Ordinances\Planning\Land Use\Motorola DRI Land Use.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. ! 1 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 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 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 AVENUE, BEING THE
EAST LINE OF THAT CERTAIN 10 FOOT WIDE STRIP OF LAND AS
~:\CA\Ordinances\Planning\Land Use\Motorola DRI Land Use.doc
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 22ua
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
55.26 FEET; THENCE SOUTH 01 DEGREES 44 MINUTES 21 SECONDS
WEST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A
]:\CA\Ordinances\Planning\Land Use\Motorola DRI Land Use.doc
DISTANCE OF 198.34 FEET; THENCE SOUTH 05 DEGREES 32 MINUTES
47 SECONDS WEST, CONTINUING ALONG SAD 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 SAD PLAT OF MOTOROLA AS ADDITIONAL RIGHT-OF-
WAY DEDICATED BY SAD 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 SAD 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 SAD 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.
Section 3: That any maps adopted in accordance with the Future Land Use Element
be amended accordingly. A notation shall be added to all maps to reference the
on maximum retail commercial square footage.
Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
)ealed.
Section 5: Should any section or provision of this Ordinance or any portion thereof
declared by a court of competent jurisdiction to be invalid, such decision shall not affect
remainder of this Ordinance.
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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 I day of lqO~i c-
SECOND, FINAL READING and PASSAGE this
,2003.
day of ~l~r i ~_ ,2003.
%TTEST:
/Clerk
(C
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