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OFFICE OF THE CITY ATT®RRET
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To: Trace Haas, Growth Management Director
From: Rich Stringer, City AttorneyQ
Date: November 4, 2003 `��.�
Re: Ashbury Subdivision; zoning ordinance
The recent determination by the Department of Community Affairs that the City's Comp
Plan amendment cycle for 2003 was exhausted by the long -pending CNK application,
and the resulting necessity to bundle pending applications for the first submittal of 2004,
has created logistical problems for some of our pending annexation/CPA applications. Of
particular note is the Ashbury Subdivision.
This property is unique in that it has a relatively high county land use density, but a low
county zoning assignment. It had been our thought that during the pendency of DCA
review of the Comp Plan amendment, the property could proceed with rezoning to a City
category within the allowable densities of the County FLUMA category and develop
accordingly. However, closer examination of the precise wording of Fla. Statute
171.062(2) discloses that the pre-existing County land use and zoning categories for
annexed lands remain in effect until adoption of a Comprehensive Plan amendment
governing the subject property.
The City can, however, proceed with adoption of the rezoning ordinance during the
pendency of the Comp Plan amendment review, so long as the ordinance states that it
does not become effective until final action approving the amendment of the Plan to
incorporate the subject property. In this way, the developer can have certainty as to the
zoning use that will be allowed once DCA has found the land use category in compliance.
cc: Jeff Blackstone
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