AGENDA MEMORANDUM

 

 

MEETING DATE:   October 12, 2009

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Ordinance  adopting Remedial Amendment #1 in Stipulated Settlement Agreement (SSA) with Florida Department of Community Affairs—Repeal Ordinance

 

 

Staff Recommendation: 

The Planning staff recommends adoption of Remedial Amendment #1 in the Stipulated Settlement Agreement (SSA) with Florida Department of Community Affairs (DCA), which is an ordinance that repeals the adoption of 11 Large Scale Comprehensive Plan Amendments in 2006 and 2007.

 

Analysis:

Exhibit B to the SSA requires the City  to rescind the following 11 Large Scale Comprehensive Plan Amendments: Benderson 85, Triangle Lakes, Benderson RB-3 Associates, Carter Norman (Grand Expectations), Lafayette Square, Lake Commander Park, Hunt, Renaissance Trails, Merritt, Musso-Spence, and Janney, due to lack of sufficient data and analysis.  These properties may be brought forward in the future by the City or the applicants with additional supporting data and analysis.

 

Options:        

1.         Adopt the ordinance repealing the 11 Amendments.

 

            2.         Other such action as the Commission may deem appropriate.

 

Fiscal Impact:

None

 

Submission Date and Time:    10/9/09 11:35 AM____

 

Department: Community Development

Prepared by:  Yvette L. Brandt, AICP                     

Attachments:         Yes__X__   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes_X__  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ___BW___

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ______ _________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________

 

 

 

 

 

ORDINANCE NO.                                                

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, REPEALING ORDINANCES 06 – 137 PERTAINING TO THE BENDERSON 85 PROJECT; 06 – 138 PERTAINING TO THE TRIANGLE LAKES PROJECT; 06 – 139 PERTAINING TO THE RB – 3 PROJECT; 06 – 141 PERTAINING TO THE CARTER – NORMAN PROJECT; 07 – 50 PERTAINING TO THE MUSSO SPENCE PROJECT; 07 – 53 PERTAINING TO THE LAFAYETTE SQUARE PROJECT; 07 – 54 PERTAINING TO THE LAKE COMMANDER PARK PROJECT; 07 – 59 PERTAINING TO THE HUNT PROJECT; 07 – 63 PERTAINING TO THE RENAISSANCE TRAILS PROJECT; 07 – 64 PERTAINING TO THE MERRITT PROJECT; AND 07 – 65 PERTAINING TO THE JANNEY PROJECT; RESTORING THE FUTURE LAND USE CATEGORIES OF THE PROPERTY COVERED BY EACH SUCH ORDINANCE TO THAT WHICH EXISTED PRIOR TO ENACTMENT OF THE ORDINANCES REPEALED HEREBY; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

 

            WHEREAS, in 2006 and 2007, the City of Leesburg adopted certain ordinances changing the future land use categories on a number of parcels of real property, and

 

            WHEREAS, the Florida Department of Community Affairs (“DCA”) has found those ordinances to be “not in compliance” with applicable law for reasons set forth in its Objections, Comments and Recommendations Report (“ORC Report”) on each of the ordinances; and

 

            WHEREAS, an administrative proceeding is now pending in which DCA and the City of Leesburg are litigating the issue of whether the ordinances are or are not in compliance with applicable law, and

 

            WHEREAS, after extensive negotiation the City and DCA have agreed to a settlement of the administrative proceeding which requires, in pertinent part, that the City repeal the ordinances in question,

 

            NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:

 

SECTION I.

 

            By the adoption of this Ordinance, the City Commission of the City of Leesburg, Florida, hereby repeals the following ordinances previously adopted by it:

 

06 – 137 pertaining to the Benderson 85 Project

06 – 138 pertaining to the Triangle Lakes Project

06 – 139 pertaining to the RB – 3 Project

06 – 141 pertaining to the Carter – Norman Project

07 – 50 pertaining to the Musso Spence Project

07 – 53 pertaining to the Lafayette Square Project

07 – 54 pertaining to the Lake Commander Park Project

07 – 59 pertaining to the Hunt Project

 

 

07 – 63 pertaining to the Renaissance Trails Project

07 – 64 pertaining to the Merritt Project

07 – 65 pertaining to the Janney Project

           

            From and after the Effective Date of this Ordinance, none of the ordinances listed above as being repealed shall have any further force or effect and all such ordinances are revoked and annulled in their entirety.

 

SECTION II.

 

For each parcel of real property affected by any of the ordinances listed above as being repealed, the City Commission declares that the future land use categories of each, as set forth in the Comprehensive Plan and Future Land Use Map of the City of Leesburg, shall revert to the future land use category applicable to each such parcel prior to adoption of the ordinances now being repealed.

 

SECTION III.

 

            All ordinances or part of ordinances which are in conflict with this Ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinance, in which case those ordinances so affected shall be hereby repealed in their entirety.

 

SECTION IV.

 

            If any portion of this Ordinance is declared invalid or unenforceable, and to the extent that it is possible to do so without destroying the overall intent and effect of this Ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of the ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.

 

SECTION V.

 

            This Ordinance shall become effective upon its passage and adoption according to law.

 

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the                    day of                                                 , 2009.

 

 

                                                                                    THE CITY OF LEESBURG, FLORIDA

 

 

                                                                                    BY:                                                                 

                                                                                                MAYOR

 

Attest:                                                                        

            CITY CLERK