AGENDA MEMORANDUM

MEETING DATE:   March 26, 2007

FROM:                       Laura McElhanon, AICP, Community Development Director

SUBJECT:                  Ordinance for Small Scale Comprehensive Plan Amendment for Melon Patch Players, Inc.

Staff Recommendation

The Planning staff and Planning Commission recommend approval of the proposed small-scale comprehensive plan amendment to the City’s adopted Growth Management Plan.

Analysis

The project site is approximately 1.1 acres. The property is generally located along the west side of North 13^th Street and south of the intersection with Center Street. The project site is ten (10) or less acres and is, therefore, considered a small-scale comprehensive land use plan amendment. The City will notify the Florida Department of Community Affairs of the plan amendment and the Department will review the project site area to confirm that it is ten (10) acres or less. At that time, the Department will determine that it is a local issue and not subject to Department review.

Currently, the property is used as the Melon Patch Theater and this use is proposed to continue. The surrounding City Future Land Use Map designations are to the north Estate Density, to the south High Density, to the east General Commercial and to the west Low Density.  The existing Land Use designation for the property is City Low Density which does not allow the current use. The reason for this change is to allow a new sign to be installed. When researching this request, staff found the property was originally owned by the City and in 1955, the City gave the property for a community theater, which was developed as the Melon Patch Theater. No rezoning or land use change was done at that time. The proposed future land use designation of City Institutional is consistent with the City’s adopted Growth Management Plan and would correct the land use problem.

The Planning Commission held a public hearing on the application on February 22, 2007 and by a vote of 5 to 0, recommended approval.

Options         

1.         Approve the requested small scale comprehensive plan amendment to City Institutional.

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

Fiscal Impact

There is no fiscal impact to the City.

Submission Date and Time:    3/21/07 4:26 PM3/20/07 3:10 PM____

Department:  Community Development Prepared by:   Bill Wiley, AICP Attachments:  Yes__X__   No ______ Advertised:   ____Not Required ______ Dates:   __________________________                      Newspapers: _________________________________                                                     _________________________________            Revised 6/10/04

Reviewed by: Dept. Head ________ Finance  Dept. __________________                                    Deputy C.M. ___________________                                          Submitted by: City Manager _____RS______________

Account No. _________________ Project No. ___________________ WF No. ______________________ Budget  ______________________ Available _____________________

ORDINANCE NO. ______

AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF LEESBURG, CHANGING THE FUTURE LAND USE MAP DESIGNATION OF CERTAIN PROPERTY CONTAINING APPROXIMATELY 1.1 ACRES AND GENERALLY LOCATED ALONG THE WEST SIDE OF NORTH 13^TH STREET AND SOUTH OF THE INTERSECTION WITH CENTER STREET, LYING IN SECTION 26, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY LOW DENSITY TO CITY INSTITUTIONAL; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Commission has received written objections, recommendations, and comments from the City of Leesburg Planning Commission acting as the Local Planning Agency, regarding amendment of the Comprehensive Plan of the City of Leesburg, and has made recommendations to the City Commission for amendment of the Plan; and

WHEREAS, the City Commission of the City of Leesburg has held public hearings on the proposed amendment to the plan, in light of written comments, proposals and objections from the general public; 

NOW, THEREFORE,

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

Section 1. 

The Growth Management Plan of the City of Leesburg, adopted by the City of Leesburg on September 22, 2003, pursuant to the Local Government Planning and Land Development Regulations Act of 1985, Chapter 163, Part II, Florida Statutes, after public hearings by the City of Leesburg Planning Commission, is hereby amended in the following manner: 

The Future Land Use Map is amended by changing the designation of an approximately 1.1 acre parcel of land generally along the west side of North 13^th Street and south of the intersection with Center Street, lying in Section 26, Township 19 South, Range 24 East,  Lake County, Florida, legally described as:             

Legal Description

(See Exhibit A)

Alternate Key Number: 1264812

from City Low Density to City Institutional as shown on Attachment 1, the revised map of said area. 

Section 2.   

All ordinances or part of ordinances in conflict with any of the provisions of this ordinance are hereby repealed.

Section 3. 

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 __________________, 2007. 

THE CITY OF LEESBURG

By: _________________________________

            Mayor

ATTEST:

___________________________________

City Clerk

CASE NO: 015-0-022207                                                                                          Exhibit A

LEGAL DESCRIPTION

                                                                   MELON PATCH

LEESBURG S 236 FT OF N 301 FT OF LOT 10 BLK 42 PB 2 PG 19 PARCEL ID # 26-19-24-390004201002

Alternate Key: 1264812