Res 49-86 RESOLUTION NO. 49-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, APPROVING A COMMUNITY REDEVELOPMENT
PLAN FOR DOWNTOWN DELRAY BEACH; FINDING THAT THE
PLAN CONFORMS TO THE COMMUNITY REDEVELOPMENT ACT OF
1969, AS AMENDED AND MAKING FURTHER FINDINGS PURSUANT
TO FLORIDA STATUTES SECTION 160.360 (?)(b); PROVIDING FOR
FURTHER COMMITMENTS BY THE CITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida in 1969 did enact Part III of
Chapter 163, Florida Statutes (the Community Redevelopment Act of 1969); and,
WHF. REAS, the City Council of the City of Delray Beach did adopt on May 14
of 1985, Resolute. on 32-85 decl~ri~ certain areas of the City as blighted or as slum
areas as defined in Chapter 163, Part III, Florida Statutes, declared a need for the
rehabilitation of those areas, and found a need for a Community Redevelopment Agency;
and,
WHEREAS, the City Council of the City of Delray Beach did adopt, on March
11, 1986, Resolution 9-86 amending Resolution 32-85 by modifying the boundary of the
area determined to be slum and blighted as defined in Chapter 163, Part III, Florida
Statutes; and,
WHEREAS, the City Council of the City of Delray Beach did adopt on June
18, 1985, Ordinance 46-85 creating the Delray Beach Community Redevelopment Agency
and charged the Community Redevelopment with the preparation of a community redevel-
opment plan as described in Section 163.360, Florida Statutes; and,
WHEREAS, the Delray Beach Community Redevelopment Agency has caused to
be prepared a community redevelopment plan for the area determined to be slum and
blighted; and,
WHEREAS, in the/process of preparing said plan, the Community Redevelop-
ment Agency has solicited input and direction from the citizens of Delray Beach; and,
WHEREAS, the City Council has held a public-hearing on said plan, after
public notice in conformance with the requirements of Chapter 163, Part III, Florida
Statutes; and,
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Scc~:~r. ~. 'k'hs-; the community re~:ievelopment pim~ for downtown Delray
Beach, Flo--rl-d~'~h-a--~ng been duly l'eceived and considered by the City Council of the
City of Delray Beach, Florida, same is approved and adopted and is attached hereto as
Exhibit ~A" and made a part hereof. Said plan (Exhibit "A~) hereby designated as the
official redevelopment plan for the project area, the boundaries of which are described
in the plan. Further, it is the purpose and intent of the City Council that the
redevelopment plan be implemented in the project area.
Section 2. That it is hereby found and determined that the community
redevelopment plan for the project:
(1) Conforms with the requirements of the Community Redevelopment Act of
1969, as amended; and,
(2) Is necessary and in the best interests of the public health, safety,
morals and welfare of the residents of Delray Beach, and will effectuate the purpose of
the Community Redevelopment Act of 1969, as amended, by revitalizing the area econom-
ically and socially, thereby increasing the tax base, promoting sound growth, improving
housing conditions, and eliminating the conditions which the Florida Legislature has
found in the Act to constitute a menace which is injurious to the public health, safety,
welfare and morals of the residents; and,
(3) Is sufficiently complete to indicate such land acquisition, demolition and
removal of structures, redevelopment, improvements and rehabilitation as may be
proposed to be carried out in the community redevelopment area; and,
(4) Will not result in the displacement of families from the community
redevelopment area; and,
(5) Has provided for conformance with the comprehensive plan of the City of
Delray Beach; and,
(6) Gives due consideration to the need for parks, open space, schools,
housing and public services that may be desirable for neighborhood improvement; and,
(7) Will afford maximum opportunity, consistent with the sound needs of the
City of Delray Beach as a whole, for the rehabilitation or redevelopment of the
community redevelopment area by private enterprise.
Section 3. That it is additionally found and determined, pursuant to Section
160.360 (?~-~-~rida Statutes, that:
(1) Nonresidential uses in the community redevelopment area are necessary
and appropriate to facilitate that proper growth and development of the community in
accordance with sound planning s'~.andards and local community objectives; and,
(2) Acquisition of property within the community redevelopment area may
require the exercise of government action as authorized by Part III of Chapter 163,
Florida Statutes, because of:
(a) Defective or unusual conditions of title or diversity of ownership
which prevents the free alienability of such land;
(b) Tax delinquency;
(c) Improper subdivision;
(d) Outmoded street patterns;
(e) Deterioration of site;
(f) Economic disuse;
(g) Unsuitable topography or faulty lot layouts;
(h) Lack of correlation of the area with other areas of the city by
streets and modern traffic requirements; or
(i) Any combination of such factors or other conditions which retard
development of the area.
Section 4. That in order to implement and facilitate the effectuation of the
redevelopment plan hereby approved and adopted, it is found and determined that
certain official action must be taken by this City Council with reference, among other
things, to changes in zoning, the vacation and removal of streets, alleys and other
public ways, relocation of public facilities, the establishment of new street patterns, the
location and relocation of public utilities, lighting, and other public facilities, the
construction or addition of public buildings and parks, and other public action.
Accordingly, the City Council hereby:
(1) Pledges its cooperation in helping to carry out the redevelopment plan;
and,
(2) Requests the various officials, departments, boards and agenciea of the
City of Delray Beach likewise to cooperate in ca~ng out the redevelopment plan and
exercise thei,' respe~iive func~Cions anD. powers in a manner con'sistent with the
redevelopment plan; and,
(3) Stands ready to consider and take appropriate action upon proposals and
measures designed to effectuate the redevelopment plan; and,
(4)~ Intends to undertake and complete any proceedings necessary to be
carried out by 'the City under the provisions of the redevelopment plan.
All of the foregetng to be done and performed in a timely manner. Fu~ther-
more, the Redevelopment Agency shall and is hereby directed to, from time to time,
present specific developmental plans in the implementation of the redevelopment plan to
the City Manager in order that the City Council may be assured of compliance by the
said agency with the redevelopment plan.
RES. NO. 49-88
2
Section 5. That this resolution shall take effect immediateIy upon its
adoption.
PASSED AND ADOPTED in special session on this the 9th day of
MAYOR
ATTEST:
RES. NO. 49-86
3