AGENDA MEMORANDUM

 

 

MEETING DATE:   August 27, 2007

 

FROM:                       Laura McElhanon, AICP, Community Development Director

 

SUBJECT:                  Ordinance Amending Ordinance 07-75 to Correct a Scrivener’s Error for     Small Scale Comprehensive Plan Amendment for Paul B. Harsh II - (Tri- Vista Properties, LLC)

 

 

Staff Recommendation: 

The Planning staff recommends approval of the proposed amended ordinance to correct the section number of the Ordinance 07-75 for the Small Scale Comprehensive Plan amendment for the subject property from City Low Density to General Commercial.

 

           

Analysis:

A Scrivener’s error was made to the legal description section number in the title of Ordinance 07-75  Comprehensive Plan Amendment for property owned by Paul Harsh.

 

Options:        

1.         Approve the ordinance to amend Ordinance 07-75 changing the future land use designation to City General Commercial, thereby correcting the section number.

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

 

Fiscal Impact:

There is no fiscal impact to the City.

 

Submission Date and Time:    9/5/07 5:44 PM8/22/07 3:08 PM____

 

Department: Community  Development

Prepared by: Bill Wiley, AICP

Attachments:  Yes__X__   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Newspapers:

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Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

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, AMENDING ORDINANCE NO. 07-75 WHICH CHANGED THE FUTURE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY IN SECTION 27, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, OWNED BY PAUL B. HARSH II, SAID PROPERTY CONSISTING OF APPROXIMATELY 1.5 ACRES, TO CORRECT A SCRIVENER’S ERROR IN THE SECTION NO. OF THE PROPERTY BEING REZONED; AND PROVIDING AN EFFECTIVE DATE.

 

 

WHEREAS, on August 13, 2007, the City Commission adopted Ordinance No. 07-75 changing the future land use designation for certain real property owned by Paul B. Harsh II, and

 

WHEREAS, Ordinance No. 07-75 inadvertently cited the wrong Section No.26 instead of the correct Section No. 27 in the title, and

 

WHEREAS, all legal advertisements required as conditions precedents to the adoption of Ordinance 07-76 did set forth the correct section number of the property alternate key number 1264600, and

 

WHEREAS, it is necessary to amend Ordinance 07-75 to set forth the correct section number for the property which the City Commission intended to rezone by way of that Ordinance,

 

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

 

SECTION I.

 

Ordinance No. 07-75 is hereby amended to change the section number from 26 to 27 in the title of the ordinance. Except as specifically amended by this Ordinance, it is the intent of the City Commission that Ordinance No. 07-75 shall remain in full force and effect and all of its terms, conditions and covenants shall apply to the property. This amendment to Ordinance No. 07-75 apply nunc pro tunc.

 

SECTION II.

 

If any portion of this ordinance is declared invalid or unenforceable, then to the extent 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 this ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.

 

SECTION III.

 

All ordinances or parts 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 ordinances, in which case those ordinances so affected shall be hereby repealed in their entirety.

 

SECTION IV.

 

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