TO: Mayor and Commissioners
FROM: Timothy Stillings, Planning, Zoning and Building Director
THROUGH: Chief Neal de Jesus, Interim City Manager
DATE: October 17, 2017
Title
ORDINANCE NO. 38-17: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH; BY AMENDING ARTICLE 2.4 “GENERAL PROCEDURES”, SECTION 2.4.5 “PROCEDURES FOR OBTAINING DEVELOPMENT APPROVALS”, SUB-SECTION 2.4.5(A) “AMENDMENTS TO THE COMPREHENSIVE PLAN” AND REPEALING CHAPTER 9, “THE COMPREHENSIVE PLAN” IN ITS ENTIRETY, PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST READING)
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Recommended Action:
Recommendation
Approve Ordinance No. 38-17 on First Reading for the amendments to Land Development Regulations as specified in attached Ordinance No. 38-17, as presented.
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Background:
The item before the City of Delray Beach (“City”) City Commission is to consider a city-initiated amendment to the Land Development Regulations (LDRs) to amend LDR Section 2.4.5(A) to reference Florida Statutes Section 163.3184 through 163.3253 regarding the procedures for amending the comprehensive plan and to repeal Chapter 9, “The Comprehensive Plan” in its entirety.
Chapter 9, of the LDRs was created with the establishment of the LDRs in 1990 and provides general authority and direction regarding the adoption and maintenance of the Comprehensive Plan. This section was consistent with the "Local Government Comprehensive Planning and Land Development Regulation Act" adopted by the State of Florida in 1985 and codified as Florida Statutes Sections 163.3161-163.3243.
In 2011, the State of Florida House Bill 7207 was adopted and replaced the "Community Local Government Comprehensive Planning and Land Development Regulation Act” with the Community Planning ACT” codified in Florida Statutes Section 163.3161-163.3253. The purpose of this Act was to streng...
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