AGENDA MEMORANDUM

MEETING DATE:   September 8, 2008

FROM:                       Bill Wiley, AICP, Community Development Director

SUBJECT:                  Ordinance Correcting Exhibit A of Ordinance 07-109 for PUD Rezoning of Woodrell property

Staff Recommendation

The Planning staff recommends approval of the corrective ordinance to Exhibit A of Ordinance 07-109, which rezoned the Woodrell property to PUD (Planned Unit Development).

Analysis

The purpose of this corrective ordinance is to include revisions to the Planned Development Conditions (Exhibit A).  The revisions were discussed and agreed upon at the adoption hearing October 8, 2007, but were inadvertently left out of the fully executed Ordinance.  The revisions include a reference to an adjacent property owner, to which a portion of the land is to be deeded.  Also included is a slight increase in the overall density, as a result of this deeded land, from 3.5 to 3.91 units per gross acre.  This revised density does not exceed the maximum four units per gross acre allowed by the Future Land Use Category of Low Density Residential.

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:    9/4/08 4:46 PM____

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. ______ EFS_________                                          Submitted by: City Manager ___________________

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

ORDINANCE NO. ______

AN ORDINANCE AMENDING EXHIBIT A OF ORDINANCE NO. 07-109, WHICH ESTABLISHED PLANNED DEVELOPMENT CONDITIONS FOR THE REZONING OF THE WOODRELL PROPERTY, IN ORDER TO CORRECT  A SCRIVENER’S ERROR IN THE OMISSION OF REVISIONS DISCUSSED AND AGREED UPON AT THE TIME OF ADOPTION; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, on October 8, 2007, the City Commission adopted Ordinance No. 07-109, rezoning the Woodrell property to PUD (Planned Unit Development); and

WHEREAS, Ordinance No. 07-109 referred to Exhibit A “Planned Development Conditions”; and

WHEREAS, it is necessary to amend Exhibit A to Ordinance No. 07-109, to reflect changes agreed upon at the adoption hearing, but left out of the fully executed document;

NOW, THEREFORE,

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

Section 1. 

            Exhibit A of Ordinance No. 07-109 is hereby amended to reflect the revisions as attached.  Except as specifically amended by this Ordinance, it is the intent of the City Commission that Ordinance No. 07-109 shall remain in full force and effect and all of its terms, conditions, and covenants shall apply to the land legally described therein.

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