Ord 12-04ORDINANCE NO. 12-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DFJ.RAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 20-03 THAT ADOPTED
COMPREHENSIVE PLAN AMENDMENT NO. 2003-2;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, following due public notice, the second of two required public hearings on
Comprehensive Plan Amendment 2003-2, Ordinance No. 20-03 was held and adopted on January 6,
2004, in accordance with statutory requirements; and
WHEREAS, Ordinance No. 20-03 included a "WHYS" clause that provided
Comprehensive Plan Amendment 2003-2 was in compliance that there was not an (Objections,
Recommendations & Comments) ORC report regarding Comprehensive Plan Amendment 2003-2,
when in fact, the Comprehensive Plan Amendment was not found to be in compliance and an ORC
report was issued by the Florida Department of Community Affairs on Amendment 2003-2; and
WHEREAS, the City Commission desires to amend Ordinance No. 20-03 in order to
remove the language in the "WHEREAS" clause regarding the compliance statement and ORC
report and to provide that in response to the ORC report issued, additional documentation and
analysis has been transmitted to the Department of Community Affairs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DRI.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the ''WHEREAS" clause providing that the Comprehensive Plan
Amendment was in compliance and that no ORC report had been issued is deleted from Ordinance
No. 20-03 and that in response to the ORC report issued, additional documentation and analysis to
support the amendment has been transmitted to the Department of Community Affairs. All other
aspects of Ordinance No. 20-03 remain in full force and effect.
Section 2. 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 jnri~diction 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.
~$ection 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
ATI'EST:
PASSED~,A~xlD ADOPTED in regular session on second and final reading on this the
day of~ 200 ~.
~'~ty Clerk
First Rea ~ ~dln~~~~
Second Reading~~~a~
2 ORDINANCE NO. 12-04
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # *~:::: - REGULAR MEETING OF FEBRUARY 17. 2004
ORDINANCE NO. 12-04 (AMENDMENT OF ORDINANCE 20-03
ADOPTING COMPREHENSIVE PLAN AMENDMENT 2003-02)
FEBRUARY 13, 2004
This ordinance is before Commission for second reading to amend Ordinance No. 20-03, that
adopted Comprehensive Plan Amendment 2003-02, regarding compliance with the Florida
Department of Community Affairs (DCA) Objections, Recommendations and Comments (ORC)
report.
At first reading of Ordinance No. 20-03, Comprehensive Plan Amendment 2003-02, the adopting
ordinance included a WHEREAS clause stating that the amendment was found to be in compliance
and that an ORC Report had not been issued. At second reading, this language was inadvertently left
in the ordinance and was not revised to reflect the fact that the State had issued an ORC report.
When the State reviewed the adopted amendment, the inaccuracy in the ordinance was noted and we
have been requested to revise the ordinance to accurately reflect the facts.
At the first reading on February 3, 2004, the Commission passed Ordinance No. 12-04.
Recommend approval of Ordinance No. 12-04 on second and final reading.
S:\City Clerk\agenda memos.Otd 1ZO4.Amending O~d. 20-03 02.17.04
TO:
THRU:
FROM:
SUBJECT:
MEETING OF FEBRUARY 3, 2004
AMENDMENT OF ORDINANCE 20-03 (ADOPTING ORDINANCE FOR
COMPREHENSIVE PLAN AMENDMENT 2003-2)
Comprehensive Plan Amendment 2003-2 was approved on first reading of the
Ordinance (Ordinance 20-03) on August 5, 2003 and transmitted to the Florida
Department of Community Affairs (DCA) for review. After review by the State, an ORC
report was issued requesting additional data and analysis to support two of the
proposed FLUM amendments. A response to the ORC report was prepared and the
Plan Amendment was adopted on second reading on January 6, 2004. The Amendment
and all the supporting materials, including the adopting ordinance were transmitted to
the State for compliance review and Plan certification.
At first reading, (the transmittal hearing) the adopting ordinance (Ordinance 20-03)
included a WHEREAS clause stating that the amendment was found to be in
compliance and that an ORC Report had not been issued. At second reading, this
language was inadvertently left in the Ordinance and was not revised to reflect that fact
that the State had issued an ORC report. When the State reviewed the adopted
Amendment, the inaccuracy in the Ordinance was noted and we have been requested
to revise the Ordinance to accurately reflect the facts.
By motion, approve on first reading, Ordinance No. 12-04, amending Ordinance 20-03
and set a public hearing date of February 17, 2004.
Attachments:
· Ordinance 20-03
· Letter from Department of CommunityAffairs
· Ordinance 12-04
ORDINANCE NO. 12-04
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING ORDINANCE NO. 20-03 THAT
ADOPTED COMPREHENSIVE PLAN
AMENDMENT NO. 2003-2; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, following due public notice, the second of two required public
hearings on Comprehensive Plan Amendment 2003-2, Ordinance No. 20-03 was held and
adopted on January 6, 2004, in accordance with statutory requirements; and
WHEREAS, Ordinance No. 20-03 included a "WHEREAS "clause that provided
Comprehensive Plan Amendment 2003-2 was in compliance that there was not an
(Objections, Recommendations & Comments) ORC report regarding Comprehensive
Plan Amendment 2003-2, when in fact, the Comprehensive Plan Amendment was not
found to be in compliance and an ORC report was issued by the Florida Department of
Community Affairs on Amendment 2003-2; and
WHEREAS, the City Commission desires to amend Ordinance No. 20-03 in order
to remove the language in the "WHEREAS" clause regarding the compliance statement
and ORC report and to provide that in response to the ORC report issued, additional
documentation and analysis has been transmitted to the Department of Community
Affairs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the "WHEREAS" clause providing that the Comprehensive Plan
Amendment was in compliance and that no ORC report had been issued is deleted from
Ordinance No. 20-03 and that in response to the ORC report issued, additional
documentation and analysis to support the amendment has been transmitted to the
Department of Community Affairs. All other aspects of Ordinance No. 20-03 remain in
full force and effect.
Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its
passage on second and final reading.
the
PASSED AND ADOPTED in regular session on second and final reading on this
day of ., 200
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
ORDINANCE NO. 20-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF D~J.RAY BEACH, FLORIDA, ADOPTING
COMPREHENSIVE PLAN AMENDMENT 2003-2
PURSUANT TO THE PROVISIONS OF THE "LOCAL
GOVERNMENT COMPREHENSIVE PLANNING AND
LAND DEVELOPMENT REGULATION ACT", FLORIDA
STATUTES SECTIONS 163.3161 THROUGH 163.3243,
INCLUSIVE; .Al.I. AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN
AMENDMENT 2003-2" AND INCORPORATED HEREIN
BY REFERENCE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the
provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local
Government Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entided
"Comprehensive Plan - Delray Beach, Florida"; and
WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an
amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2003-2; and,
WHEREAS, the Planning and Zoning Board, as Local Planning Agency, fo~owing due
public notice, held a public herring on July 21, 2003, in accordance with the requirements of the
"Local Government Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, after the above referenced public heating, the Planning and Zoning Board, as
Local Planning Agency, recommended to the City Commission that the proposed Comprehensive
Plan Amendment 2003-2 be transmitted; and
WHEREAS, proposed Comprehensive Plan Amendment 2003-2 was submitted to and
reviewed by the City Commission; and
WHEREAS, following due public notice, the first of two required public hearin~ on
Comprehensive Plan Amendment 2003-2 was held by the City Commission On August 5, 2003, at
which time it was authorized to be transmitted to the Department of Community Affairs for
required review; and
WHEREAS, Comprehensive Plan Amendment 2003-2 was found to be in compliance by
the Florida Depailment of Community Affairs and no ORC (Objections, Recommendations &
Comments) Report was issued; and
WHEREAS, following due public notice, the second of two required public heatings on
Comprehensive Plan Amendment 2003-2 was held on January 6, 2004, in accordance with statutory
requirements.
NOW, THEREFORE, BE IT'ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I. 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 Florida Statutes Sections
163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land
Development Regulation Act".
Section 2. That in implementation of its declared intent as set forth in Section 1 of this
ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2003-
2, which is attached hereto as Exhibit "A" and incorporated herein by reference.
Section 3. That the doCUment entitled "Comprehensive Plan - Delray Beach, Florida" is
hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2003-2.
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 this ordinance shall become effective upon the date a final order is issued by
the Depaatment of Community Affairs findLng the amendment in cbmpliance in accordance with
Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding
the amendment to be in compliance in accordance with Chapter 163.3184, F.S.
2 ORD. NO. 20-03
PASSEI~AND_ ).DOPTED i~ reg session on second and final reading on this the
day of~ ., 2004.
AWl'EST
Second Readin~ f~
3 ORD. NO. 20-03
81/25/2884 22:58 8584883389 COMM PLANNING PAGE 82/82
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
J~B BUSH eOM. BEN OA~ItLLE
Ga~mer J~nu~-'y 26= 2004 $*cm'a~
Mr, Rcm Hoe.~ard
Seaior Planner
C~- o~ Oelray ~
Pl~i~ ~ Z~in~ D~t.
I~ N.W, l~ A~ue
Re: Delray Beach 03-2 Adopted Comptebensivc Plan Amendmem
Dear Mr. Hoggard:
We have received t~ adopted Amcndrr~nt to t~e City's comprchcmsive plan. as submitted with the
City's letter dat~ January 14, 2004, Thc City's ordiaance for tl~ adopted amendment cc~airgd some
inaccurate language relatix~ to the Dgpartm~nt finding the am~dment in compliance and tho Department
issui~ an Objections, Recomm~dation, and Commems Report vdthout any obj~tioas. Due to the
i~accurate language contained m the ordinance, we are unable to process the amendment at this tim;. This
Ictt~r serves as a followup to a conversation that you had with Lavoise Whitlington by phon~ on Friday,
January 23, 2004. Please forward thc fo]low~ information:
An ordinance that accuramly intimates what happened al~cr the City's Objections, Rccommenda-
r. ions and Comments Rq~on (ORC) was issue, The Orrlin~nc~ $[louid accurately mfl~t thc action the
board has taken.
The adopted amendment, received on January. 16, 2004. will not be processed until thc required
informatio~ is receivecL as n=cluired by s~-'tion 163.3187, F.S. If we may be of furtho' assistance, pleas=
contact Lavoise Whillingtan of my sm~ at (850) 922-177g, Thar~ i~r your assistancc m this mal~r,
Sincerely,
D. Pa}' Eubanks, Administrator
Plan Review and Processing
JAN 2 6 200~
DRE:Iw
Enclosure
*: ~,:~ ~,.,s~ E,,. ~,~-tor, Tr~-~ co~t ~c PLANi~ii~(i & ZONING
Z661; SHUMARD OAK BOULEVARD · TALLAHAeSEE, FLORIDA 323sg-2100
Phone: ¢50.466.846etSurlcom 278.8466 FAX: 850.921.O?81/$uncom 291,0785
Irlterne! address.: hltp:l/www.dca.state,fl.us
100
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