AGENDA MEMORANDUM

MEETING DATE:   February 11, 2008

FROM:                       Bill Wiley, AICP, Interim Community Development Director

SUBJECT:                  Ordinance Correcting Ordinance 04-103 for a Small Scale Comprehensive Plan Amendment, (Phillips Toyota, Captain Bell's Seafood, Office Complex)

Staff Recommendation

The Planning staff recommends approval of the corrective ordinance to Ordinance 04-103, which adopted a Small Scale Comprehensive Plan Amendment to the City’s adopted Growth Management Plan.

Analysis

The purpose of this corrective ordinance is to address comments from the Department of Community Affairs, which arose during the review of this amendment.  DCA stated there were inconsistencies in the acreage amounts in the adopted ordinance, the publication notice, and the agenda memorandum.  After discussion with DCA, staff determined that a corrective ordinance for a scrivener’s error will be the best way to resolve this issue.  By doing so, DCA can complete review of this amendment.

Options         

1.         Approve the corrective ordinance.

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

Fiscal Impact

There is no fiscal impact to the City.

Submission Date and Time:    2/7/08 2:27 PM____

Department:  Community Development Prepared by:   Bill Wiley, AICP, Yvette L. Brandt, 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 ___________________

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

ORDINANCE NO. ______

AN ORDINANCE AMENDING ORDINANCE NO. 04-103, WHICH AMENDED THE COMPREHENSIVE PLAN FOR THE CITY OF LEESBURG, CHANGING THE FUTURE LAND USE MAP DESIGNATION OF CERTAIN PROPERTY  CONTAINING APPROXIMATELY 6.1 ACRES AND GENERALLY LOCATED NORTH OF U.S. HIGHWAY 441, AND WEST OF STEWART LANE, LYING IN SECTION 16, TOWNSHIP 19 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA, FROM COUNTY REGIONAL COMMERCIAL TO CITY GC (GENERAL COMMERCIAL); IN ORDER TO CORRECT  A SCRIVENER’S ERROR IN CITING THE TOTAL ACREAGE INCONSISTENTLY THROUGHOUT THE ORDINANCE AND ITS SUPPORTING MATERIALS; TO CORRECT THE REFERENCED ACREAGE TO 7.29; AND PROVIDING AN EFFECTIVE DATE. (PHILLIPS TOYOTA, CAPTAIN BELL'S SEAFOOD, OFFICE COMPLEX)

WHEREAS, on December 13, 2004, the City Commission adopted Ordinance No. 04-103, amending the Comprehensive Plan; and

WHEREAS, Ordinance No. 04-103 referred to the total acreage of the subject parcels inconsistently as 6.1, 6.2, and 8.8 acres throughout the ordinance and its supporting materials, where only 7.29 acres should have been referenced, as the closest approximation of the total acreage; and

WHEREAS, it is necessary to amend Ordinance No. 04-103, to resolve inconsistency in the total acreage described therein, and to satisfy review comments by the Department of Community Affairs;

NOW, THEREFORE,

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

Section 1. 

            Ordinance No. 04-103 is hereby amended to replace all inconsistent references to the total approximate acreage with a common figure of 7.29 acres.  Except as specifically amended by this Ordinance, it is the intent of the City Commission that Ordinance No. 04-103 shall remain in full force and effect and all of its terms, conditions, and covenants shall apply to the land legally described therein and 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 __________________, 2008. 

THE CITY OF LEESBURG

By:_________________________________

            Mayor

ATTEST:

___________________________________

City Clerk