Ord No. 11-18 -------- - _- - : _.... .......
ORDINANCE 1`�TO. 11-18
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA ADOPTING A COMPREHENSIVE PLAN
AMENDMENT, PURSUANT TO THE PROVISIONS OF THE
"COMMUNITY PLANNING ACT", FLORIDA STATUTES SECTION
163.3184 THROUGH 163.3253 ET SEQ,MODIFYING TABLE L-6 WITHIN
THE FUTURE LAND USE ELEMENT TO ADD AN "X" TO THE TABLE
j ESTABLISHING THE OLD SCHOOL SQUARE HISTORIC ARTS
DISTRICT(OSSHAD)AS A ZONING DISTRICT WHICH IS COMPATIBLE
WITH THE COMMUNITY FACILITIES (CF) FUTURE LAND USE
DESIGNATION; PROVIDING A GENERAL REPEALER CLAUSE, A
l SAVING CLAUSE,AND AN EFFECTIVE DATE.
WHEREAS, the State Legislature of the State of Florida has mandated that all municipalities draft and
adopt comprehensive development plans to provide thorough and consistent planning with regard to land within
their corporate limits;and
WHEREAS, all amendments to the comprehensive development plan must be adopted in accordance
with detailed procedures which must be strictly followed;and
WHEREAS, the City of Delray Beach, Florida, has carefully prepared an amendment to its
comprehensive development plan to provide for a text amendment to the Future Land Use Element at Table L-
6 to address an inadvertent omission concerning the Community Facilities (CF) future land use designation with
reference to the consistency of the OSSHAD zoning district with the CF designation;and
WHEREAS,the City of Delray Beach has held all duly required public hearings;both prior to submission
of the proposed amendment of the plan to the State Land Planning Agency of the Florida Department of
Economic Opportunity(DEO)and after the proposed amendment of the plan was returned to the City of Delray
Beach,in accordance with Chapter 163.3184,Florida Statutes, for expedited state review;and
WHEREAS,pursuant to Florida Statute 163.3174(4)(a), the Planning and Zoning Board, sitting as the
Local Planning Agency (LPA), held a duly noticed public hearing on June 18, 2018 and recommended that the
City Commission transmit the amendments to state land planning agency of DEO; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and
Zoning Staff Report;and
WHEREAS,the City Commission of the City of Delray Beach finds the Ordinance is internally consistent
with the adopted City of Delray Beach Comprehensive Plan;and
WHEREAS, the City Commission of the City of Delray Beachdesires toadopt the amendment tot e�
current comprehensive development plan to guide and control the future development of the City and to
preserve,promote and protect the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Future Land Use Element of the Comprehensive Plan of the City of Delray
Beach is hereby amended by adopting this amendment to its current Comprehensive Development Plan;which
amendment consists of 1 page which is attached hereto as Exhibit"A"and made a part hereof and of the current
Comprehensive Development Plan. This amendment specifically provides for the following:text amendment to
Table L-6. "Land Use Designation/Zoning Matrix" at the "Non-Residential Zoning District'' Portion of Table
L-6 to indicate, by inserting an "X" in the grid, that the OSSHAD zoning district is consistent with the
Community Facility (CF) Comprehensive Plan Designation as specifically set forth on Exhibit "A". (Note:
"HAD" zoning district column concerns the OSSHAD zoning district as referenced in footnote to Table) . The
text amendment depicted in Exhibit"A"shall be substituted for and replace in total the previously adopted Table
6 in the Future Land Use Element.
Section 3. That the Planning and Zoning Director is hereby authorized to transmit the amendments
to DEC)in accordance with F.S. 163.3184,Expedited State Review Process for adoption of comprehensive plan
or plan amendment.
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 all ordinances or parts of ordinances in conflict herewith be,and the same are hereby
repealed.
Section 6. That the effective date of this plan amendment, if the amendment is not timely
challenged, shall be 31 days after the state land planning agency mi forms the City of Delray Beach that the plan
amendment package is complete. If the amendment is timely challenged, this amendment shall be effective on
the date the state land planning agency or the Administration Commission enters a final order determining this
adopted amendment is in compliance. No development orders, development permits, or development
dependent on this amendment may be issued or commence before it has become effective.
2 Ord. No. 11-18
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PASSED AND ADOPTED m regular session. n
ec nd and al reading on this day of
2018.
............................_
Shelley Petrolia,Mayor
ATTEST:
Katerri Johnson, City erk
First Reading: August 21,2018
Second Reading: November 27,2018
APPROVED AS TO LEGAL FORM AND SUFFICIENCY:
a, pity Attoxt " °"
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3 Ord. No. 11-18
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4 Ord. No. 11-18