Res 62-85 RESOLUTION NO. 62-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, EXPRESSING ITS POSITION THAT IT SHALL
DISCOURAGE AND STRINGENTLY REVIEW CERTAIN APPLICATIONS
FOR CHANGES TO THE LAND USE ELEMENT OF THE CITY'S
COMPREHENSIVE PLAN PENDING RECEIPT OF A REPORT FROM
THE CITY'S LAND USE ADVISORY COMMITTEE; PROVIDING FOR
PUBLICATION OF THIS RESOLUTION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Delray Beach, Florida, is currently in the process of
reevaluating and reviewing the City's Comprehensive Land Use Plan; and,
WHEREAS, such review process is currently being accomplished by the
Planning and Zoning Board, the City's Land Use Advisory Committee, the City's
Planning and Zoning Department, and others; and,
WHEREAS, a thorough review process by these individuals and groups is
made nearly impossible when changes are being made during this review process; and,
WHEREAS, the City Council of the City of Delray Beach, Florida, in recogni-
tion of this problem believes it to be in the best interests of the health, safety, and
welfare of the citizens and property owners in the City of Delray Beach, and in
furthering the interests of good planning to discourage further applications and to
stringently review any applications pending or subsequently made, for changes to the
Land Use Element of the City's Comprehensive Plan where such proposed changes would
cause an increase in the density or intensity on the subject property, and excepting
properties which may be subsequently annexed to the City, and excepting properties
where discussions are currently underway, with or by governmental agencies where all
or a part of the property that is the subject of such discussions is to be dedicated,
received or given in an exchange for the benefit of, or condemned for the public use,
and excepting amendments to correct land use plan map errors; and,
WHEREAS, the City Council of the City of Delray Beach, FIorida, desires to
adopt this Resolution as a formalization of its expressed policy concerning such
proposed changes to the Comprehensive Plan until such time as the final report is
received from the City's Land Use Advisory Committee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Council of the City of Delray Beach, Florida, does
hereby express its position that until such time as the final report from the City's Land
Use Advisory Committee is received, it shall discourage further applications, and shall
stringently review any applications pending or subsequently made, for changes to the
Land Use Element of the City's Comprehensive Plan where such proposed changes would
cause an increase in density or intensity on the subject property, and excepting
properties which may be subsequently annexed to the City, and excepting properties
where discussions are currently underway with or by governmental agencies where all
or a part of the property that is the subject of such discussions is to be dedicated to,
received or given in an exchange for the benefit of, or condemned for the public use,
and excepting amendments to correct errors previously made in the land use plan map
in order to properly reflect the correct permitted uses.
For the purposes of this Resolution, an increase in density or intensity shall
be defined to include the following specific amendments to the Land Use Element of the
Comprehensive Plan:
1. A change from any residential category to a Commercial, Industrial or
Professional, Office and Institutional (POI) category.
2. A change from an Industrial to a Commercial or Professional, Office and
Institutional (POI) category.
3. A change from any Residential category to other Residential categories
having the effect of increasing the total number of dwelling units
permitted on the entire property.
Section 2. That the City Clerk is hereby authorized and directed to publish
a copy of this Resolution in full in a newspaper of general circulation in the City of
Delray Beach, and to post copies of this Resolution in conspicuous locations in City
Hall; and the City administration is hereby authorized and directed to provide copies of
this Resolution to any and all persons with pending applications or who request or
submit such applications for land use plan changes until such time as the final report is
received by the City from the City's Land Use Advisory Committee.
Section 3. That this Resolution shall be effective immediately upon its
adoption.
PASSED AND ADOPTED in regular session on this the 16th day of
July , 1985.
ATTEST:
City Cle~Fk '
2 RES. NO. 62-85