AGENDA MEMORANDUM

 

MEETING DATE:   April 13, 2009

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Resolution stating the City Commission’s intent to rescind, as part of a future settlement agreement with FDCA, certain 2006 and 2007 large scale comprehensive plan amendments found not “in compliance” by the Florida Department of Community Affairs

 

 

Staff Recommendation

Staff recommends approval of the resolution to rescind certain 2006 and 2007 Large Scale Comprehensive Plan Amendments found not “in compliance” by FDCA.

 

Analysis

The Planning and Zoning Division is currently working with FDCA to reach a settlement agreement on six out of 17 Large Scale Comprehensive Plan Amendments found not “in compliance,” which were adopted by the City in 2006 and 2007.  Since data and analysis for the remaining cases will not be completed in time for an Administrative Hearing scheduled in May, it has become necessary to rescind the amendments, in order to avoid an Administrative Hearing. The attached resolution will rescind the eleven remaining amendments, and the corresponding adopted ordinances would be repealed as part of a future settlement agreement with FDCA.  The eleven properties affected may be brought forward by the City or the applicants in a future cycle with additional data and analysis that will hopefully remedy the concerns of the FDCA that led to the “not in compliance” finding.

 

Options         

1.         Approve the Resolution to rescind certain 2006 and 2007 Large Scale Comprehensive Plan Amendments found not “in compliance” by FDCA

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

 

Fiscal Impact

Rescinding the amendments will result in a savings of the associated legal costs of an administrative hearing. 

 

Submission Date and Time:    4/9/09 9:27 AM____

Department: Community Development

Prepared by:  Yvette L. Brandt, AICP                     

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Advertised:   ____Not Required ______                     

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Revised 6/10/04

 

Reviewed by: Dept. Head ___Yes___

 

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City Manager ___________________

 

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RESOLUTION NO. __________

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, STATING THEIR INTENT TO RESCIND AS PART OF A FUTURE SETTLEMENT AGREEMENT WITH FDCA CERTAIN 2006 AND 2007 LARGE SCALE COMPREHENSIVE PLAN AMENDMENTS FOUND NOT “IN COMPLIANCE” BY THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING AN EFFECTIVE DATE.

 

WHEREAS, Statements of Intent were issued by the Florida Department of Community Affairs (FDCA) in September 2007 and February 2008 to find 17 Large Scale Comprehensive Plan Amendments, adopted by the City of Leesburg in 2006 and 2007, not “in compliance”; and

 

WHEREAS, these amendments include a variety of objections by FDCA, including “Water Resource Planning, Demonstrated Need, Urban Sprawl, and Coordination of Land Use, Transportation, Intergovernmental Coordination and Capital Improvements”; and

 

WHEREAS, data and analysis, per FDCA’s specifications, is incomplete on the following 11 amendments: “Benderson 85, Triangle Lakes, Benderson RB-3 Associates, Carter Norman (Grand Expectations), Lafayette Square, Lake Commander Park, Hunt, Renaissance Trails, Merritt, and Janney”, and they cannot be resolved through a settlement agreement with FDCA at this time;

 

NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA:

 

THAT the 11 Large Scale Comprehensive Plan Amendments, listed above, be rescinded and that the corresponding adopted ordinances shall be repealed as part of a future settlement agreement with FDCA.

 

THAT this resolution shall become effective immediately.

 

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida at a regular meeting held on the 13th day of April, 2009.

 

THE CITY OF LEESBURG, FLORIDA

 

 

                                                                        _________________________________________

                                                                        MAYOR

 

ATTEST:

 

 

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City Clerk