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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: 10/23/09 3:25 PM____
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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