82-89 ORDINANCE NO. 82-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING A COMPREHEN-
SIVE PLAN PURSUANT TO THE PROVISIONS OF THE
"LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND
LAND DEVELOPMENT REGULATION ACT", FLORIDA
STATUTES CHAPTER 163; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is and will be expedient for good govern-
ment and will promote the general welfare of the City of Delray
Beach to establish and adopt a comprehensive plan for the orderly
development of the City; and,
WHEREAS, the City of Delray Beach is required to adopt
a comprehensive plan to guide future development pursuant to the
provisions of Florida Statutes Sections 163.3161-163.3243 known
as the "Local Government Comprehensive Planning and Land
Development Regulation Act; and,
WHEREAS, the Planning and Zoning Board, as Local
Planning Agency, did prepare a Comprehensive Plan; and,
WHEREAS, the Planning and Zoning Board, as Local
Planning Agency, following due public notice, held public
hearings on said Comprehensive Plan on May 8, 1989 and May 15,
1989, in accordance with the requirements of the "Local
Government Comprehensive Planning and Land Development Regulation
Act"; and,
WHEREAS, after the above-referenced public hearings,
the Planning and Zoning Board, as Local Planning Agency, recom-
mended to the City Commission that the proposed Comprehensive
Plan be adopted; and,
WHEREAS, the proposed Comprehensive Plan was submitted
to and reviewed by the City Commission; and,
WHEREAS, following due public notice, the first of two
required public hearings on the Comprehensive Plan was held by
the City Commission on May 23, 1989, in accordance with the
requirements of the "Local Government Comprehensive Planning and'
Land Development Regulation Act"; and,
WHEREAS, the Comprehensive Plan was forwarded to the
State Department of Community Affairs for review and comment on
May 23, 1989; and,
WHEREAS, a report of Objections, Recommendations, and
Comment has been received from the State Department of Community
Affairs and said report has been reviewed by the Planning and
Zoning Board, as Local Planning Agency, and is the basis for
modifications to the proposed Comprehensive Plan; and,
WHEREAS, following due public notice, the second of two
required public hearings on the Comprehensive Plan was held by
the City Commission on November 28, 1989, in accordance with the
requirements of the "Local Government Comprehensive Planning and
Land Development Regulation Act",
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of
Delray Beach, Florida, hereby declares its intent to exercise the
authority granted pursuant to the provisions of the Florida
Statutes Sections 163.3161-163.3243 known as the "Local
Government Comprehensive Planning and Land Development Regulation
Act."
't
Section 2. That in implementation of its declared
intent set forth in Section 1 of this ordinance, there is hereby
adopted and incorporated herein by reference the document enti-
tled "Comprehensive Plan - Delray Beach, Florida."
Section 3. That there is hereby repealed the provi-
sions of all prior comprehensive plans (a/k/a "Comprehensive
Master Plan(s)" and "Master Plan(s)"), adopted by the City of
Delray Beach.
Section 4. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effective
upon the City's receipt of Notice of Compliance from the State
Department of Community Affairs, pursuant to Florida Statutes
Section 163.3184.
PASSED AND ADOPTED in regular session on second and
final reading on this the 28th day of November , 1989.
ATTEST:
First Reading November 14, 1989
Second Reading November 28~ 1989
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CiTY OF DELRAY BEACH
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- 2 Ord. No. 82-89