AGENDA MEMORANDUM

 

 

MEETING DATE:   May 22, 2006

 

FROM:                       Laura McElhanon, AICP

                                    Community Development Director

 

SUBJECT:                  And Ordinance approving Large Scale Comprehensive Plan Amendment:  Sunnyside Landing

 

 

Staff Recommendation

The Planning staff recommends approval of the proposed amendment to the City’s adopted Comprehensive Plan Future Land Use Map by changing the Future Land Use classification from County Urban Expansion and Suburban to City Estate Residential. The Planning Commission will hold a hearing on this request on May 18, 2006.

 

Analysis

The project site is approximately 119 acres. The general location is west of Sunnyside Drive and north of Sunnyridge Court. The project site is larger than ten (10.0) acres and is, therefore, considered a large-scale comprehensive land use plan amendment under state statutes. The City will notify the Florida Department of Community Affairs of the plan amendment and the Department will review the project site area to confirm that it is larger than ten (10) acres.

 

The Sunnyside Study, approved by the City Commission in 2004, delineates some of this property as one unit per acre and some of this property as one unit per three acres. The Study states that the density that was in effect at the time the Study was approved will prevail if it is a higher density. The developer was able to provide the necessary documentation to support the County’s Comprehensive Plan allowing one unit per acre (at the time the Study was approved). Therefore, this development was allowed to develop at one unit per acre in the City. Although the proposed City Future Land Use classification of Estate Residential would allow up to four units per acre, the Annexation Agreement, approved by the City Commission in 2005, restricts the development to one unit per acre.

 

The project site is currently undeveloped and the surrounding Future Land Use Map designations are:

                        North   –  County Urban Expansion

                        South   –  County Suburban

                        East     –  County Urban Expansion and Suburban

                        West    –  County Urban Expansion and Suburban

 

The Land Use for the property is currently County Urban Expansion and Suburban. The proposed designation of City Estate Residential, with further restrictions included in the Annexation Agreement, is consistent with the City’s adopted Comprehensive Plan and the approved Sunnyside Study.

 

The existing land uses surrounding the property are:

           

                        North   –  undeveloped and single family residential

                        South   –  undeveloped

                        East     –  undeveloped, single family residential and church camp

                        West    –  undeveloped and single family residential

 

Presently, as referenced above, the site is undeveloped. The proposed use of the site is single family residential development.

 

Water and sewer services are available in the area. The provision of utilities to this site is not likely to have significant adverse effects on the City’s utility systems. The developer is responsible for all costs of construction to make the necessary hook-ups to City utilities in accordance with City requirements.

 

Options:

 

1.      To approve or disapprove the proposed City Future Land Use Map amendment designating the site as City Estate Residential.

 

2.      Such alternative action as the Commission may deem appropriate. 

 

Fiscal Impact:

This large-scale comprehensive plan amendment will have no direct fiscal impact on the City of Leesburg.

 

Submission Date and Time:    5/18/2006 3:10 PM____

 

Department: Community Development

Prepared by:  Laura McElhanon, AICP                      

Attachments:         Yes____   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes___  No ____

                                                

_________________________________           

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 THE COMPREHENSIVE PLAN FOR THE CITY OF LEESBURG, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION OF CERTAIN PROPERTY CONTAINING APPROXIMATELY 119 ACRES AND GENERALLY LOCATED WEST OF SUNNYSIDE DRIVE AND NORTH OF SUNNYRIDGE COURT, LYING IN SECTIONS 29 AND 32, TOWNSHIP 19 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA, FROM COUNTY URBAN EXPANSION AND SURBURBAN TO CITY ESTATE RESIDENTIAL; AND PROVIDING AN EFFECTIVE DATE (SUNNYSIDE LANDING).

 

WHEREAS, the City Commission has received written objections, recommendations, and comments from the City of Leesburg Planning Commission acting as the Local Planning Agency, regarding amendment of the Comprehensive Plan of the City of Leesburg, and which has made recommendations to the City Commission for amendment of the Plan; and

 

WHEREAS, the City Commission of the City of Leesburg has held public hearings on the proposed amendment to the plan, in light of written comments, proposals and objections from the general public; 

 

NOW, THEREFORE,

 

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

 

Section 1

 

The Comprehensive Plan of the City of Leesburg, adopted by the City of Leesburg on September 22, 2003, pursuant to the Local Government Planning and Land Development Regulations Act of 1985, Chapter 163, Part II, Florida Statutes, after public hearings by the City of Leesburg Planning Commission, is hereby amended in the following manner:

 

The Future Land Use Map is amended by changing the designation of an approximate 119 acre parcel of land generally located west of Sunnyside Drive and north of Sunnyridge Court, lying in Sections 29 and 32, Township 19 South, Range 25 East, Lake County, Florida, legally described as:

 

 

                                                SEE LEGAL EXHIBIT 1

 

from County Urban Expansion and Suburban to City Estate Residential 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 __________________, 2006.  

 

THE CITY OF LEESBURG

 

By:_________________________________

            Mayor

ATTEST:

 

___________________________________

City Clerk

 


LEGAL EXHIBIT 1

SUNNYSIDE LANDING

LEGAL DESCRIPTION: (FROM TITLE COMMITMENT)

BEGINNING AT A POINT 220 YARDS WEST AND 153 YARDS SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SE 1/4 OF SECTION 29, TOWNSHIP 19 SOUTH, RANGE 25 EAST, RUN THENCE SOUTH 177 YARDS, THENCE WEST 220 YARDS, THENCE NORTH 30 YARDS, THENCE WEST 64 1/2 YARDS, THENCE NORTH 147 YARDS, THENCE EAST 284 1/2 YARDS TO POINT OF

BEGINNING.

 

ALSO

BEGINNING 1660 FEET WEST AND 422 3/4 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SECTION 29, RUN THENCE NORTH 897.76 FEET TO THE NORTH BOUNDARY OF SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 29, THENCE WEST 660 FEET, THENCE SOUTH 36.75° EAST 1117 FEET TO POINT OF BEGINNING.

 

ALSO

BEGINNING 7 1/2 CHAINS NORTH OF SOUTHEAST CORNER OF SAID SECTION 29, RUN THENCE NORTH 37.50 FEET, THENCE WEST 220 YARDS, THENCE SOUTH 37.50 FEET, THENCE EAST 220 YARDS TO THE POINT OF BEGINNING.

 

ALSO

BEGIN ON EASTERN BOUNDARY OF SECTION 29, TOWNSHIP 19 SOUTH, RANGE 26 EAST, AT A POINT 10 CHAINS NORTH OF THE SOUTHEAST CORNER THEREOF, RUN SOUTH 2 CHAINS MORE OR LESS TO POINT HALF WAY BETWEEN 2 ROWS OF ORANGE TREES; THENCE WEST BETWEEN SAID ROWS OF ORANGE TREES 10 CHAINS, NORTH 12 CHAINS, THENCE SOUTH OF EAST TO A STAKE 16 CHAINS NORTH OF THE SOUTHEAST CORNER OF SAID SECTION, THENCE SOUTH TO POINT OF BEGINNING.

 

ALSO

BEGIN AT A POINT 495 FEET NORTH OF THE SOUTHEAST CORNER OF SECTION 29, TOWNSHIP 19 SOUTH, RANGE 25 EAST, RUN THENCE WEST 660 FEET; THENCE SOUTH 495 FEET; THENCE SOUTH 89° AND 08' E. 660 FEET TO THE EAST LINE OF SAID SECTION 29, THENCE NORTH 10 FEET TO THE POINT OF BEGINNING.

 

ALSO

BEGIN AT THE NORTHEAST CORNER OF SECTION 32, TOWNSHIP 19 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA, RUN S 400.8 FT, WEST 1320 FT, SOUTH 488.4 FT, SOUTH 75 DEG 50 MIN W 885FT, NORTH 115.7FT, WEST 462 FT, NORTH TO THE NORTHWEST CORNER OF THE NE 1/4 EAST 2640 FT TO THE POB, AND , FROM THE NORTHEAST CORNER OF SECTION 32, TOWNSHIP 19 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA, SOUTH ALONG THE EAST LINE 400.8 FT, WEST 1320 FT TO WEST LINE OF THE NE 1/4 OF NE 1/4, SOUTH ALONG SAID WEST LINE OF THE NE 1/4 OF THE NE 1/4 A DISTANCE OF 488.4 FT FOR POB, RUN S 75-50-0 W 885 FT TO PT A, RETURN TO THE POB, RUN SOUTH TO A POINT 894.4 FT SOUTH OF THE NORTHWEST CORNER OF THE NE 1/4 OF THE NE 1/4, CONTINUE SOUTH 0-43-01 W 20.78FT, S 76-23-48 W 880.64 FT, NORTH TO POINT A.

 

ALSO

BEGIN AT THE SOUTHEAST CORNER OF SECTION 29, TOWNSHIP 19 SOUTH, RANGE 25 EAST RUN THENCE NORTH 7 1/2 CHAINS, THENCE WEST 10 CHAINS, THENCE SOUTH 2 1/2 CHAINS, THENCE WEST 10 CHAINS, THENCE SOUTH 5 CHAINS, THENCE EAST 20 CHAINS TO POINT OF BEGINNING, CONTAINING 12.5 ACRES MORE OR LESS.

 

ALSO

THE SW 1/4 OF THE SE 1/4 OF SAID SECTION 29 LESS: BEGIN AT A POINT ON THE EAST LINE OF SW1/4 OF THE SE 1/4 420 FEET NORTH OF THE SE CORNER OF SAID SW 1/4 OF THE SE 1/4 RUN THENCE NORTH 900 FEET TO THE NE CORNER OF SW 1/4 OF SE 1/4, THENCE ALONG THE NORTH LINE OF SAID SW 1/4 OF SE 1/4 857.5 FEET. THENCE SOUTHEASTERLY TO A POINT 193.5 FEET WEST AND 897.75 FEET SOUTH OF THE NE CORNER OF SW 1/4 OF SE 1/4 THENCE SOUTH 2.25 FEET

THENCE EAST TO POINT OF BEGINNING.

 

ALSO

ALL LANDS IN THE NE 1/4 OF THE NE 1/4 OF SECTION 32, TOWNSHIP 19 SOUTH, RANGE 25 EAST LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE.

 

COMMENCE AT THE NORTHEAST CORNER OF SECTION 32, TOWNSHIP 19 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA, THENCE S.00 DEGREES 01'15"W. ALONG THE EAST LINE OF SAID SECTION 32, A DISTANCE OF 574.70 FEET TO A NAIL AND CAP ON A PROJECTION OF A ROW OF CITRUS TREES FOR THE POINT OF BEGINNING THENCE S 77'39'09"W ALONG SAID PROJECTION AND THE ROW OF CITRUS TREES , THENCE 1162.02 FEET TO A IRON ROD ON THE EDGE OF SWAMP,

THENCE SOUTHWESTERLY TO A POINT ON THE WEST LINE OF THE NE 1/4 OF SAID SECTION 32 THAT IS 894.40 FEET SOUTHERLY OF THE NORTHWEST CORNER OF SAID NE 1/4 OF THE NE 1/4, SAID POINT ALSO BEING THE TERMINUS OF THE DESCRIPTION LINE.

 

BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; (A COMPILATION OF THE ABOVE DESCRIBED PARCELS)

A PORTION OF SECTIONS 29 AND 32, TOWNSHIP 19 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS;

COMMENCE AT THE SOUTHWEST CORNER OF SECTION 29, ALSO BEING THE NORTHEAST CORNER OF SECTION 32; THENCE RUN S89d55'30"W ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 32, 25.00 FEET TO THE WEST RIGHT OF WAY LINE OF SUNNYSIDE DRIVE, A MAINTENANCE RIGHT OF WAY, FOR THE POINT OF BEGINNING; THENCE RUN S00d43'05"W ALONG SAID WEST RIGHT OF WAY LINE, 580.16 FEET TO A CONCRETE MONUMENT MARKED "PRM PSM 3715" ON A PROJECTION OF A ROW OF CITRUS TREES; THENCE RUN S77d47'19"W ALONG SAID PROJECTION, 1355.23 FEET; THENCE RUN S02d05'35"W, 20.78 FEET; THENCE RUN S80d31'58"W, 870.15 FEET; THENCE RUN N00d46'47"E, 132.85 FEET; THENCE RUN N89d13'13"W, 457.71 FEET TO THE MONUMENT WEST LINE OF THE NORTHEAST 1/4 OF SECTION 32; THENCE RUN N00d40'34"E ALONG SAID MONUMENT WEST LINE, 895.11 FEET TO A CONCRETE MONUMENT MARKING THE

NORTHWEST CORNER OF THE NORTHEAST 1/4; THENCE RUN N01d13'37"E ALONG THE MONUMENT WEST LINE OF THE SOUTHEAST 1/4 OF SECTION 29, 1370.86 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 29; THENCE RUN S89d02'16"E ALONG THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4, 1133.47 FEET TO A CONCRETE MONUMENT; THENCE RUN

S00d49'36"W, 459.00 FEET; THENCE RUN S83d20'05"E, 861.44 FEET; THENCE RUN N00d55'10"E, 506.66 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SUNNYSIDE DRIVE, A MAINTENANCE RIGHT OF WAY; THENCE RUN S67d12'42"E ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 586.83 FEET TO A CURVE ON THE WEST RIGHT OF WAY LINE, SAID CURVE BEING CONCAVE TO THE SOUTHWEST; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 68d13'25", A

RADIUS OF 150.00 FEET, AN ARC LENGTH OF 178.61 FEET, A CHORD BEARING OF S33d06'00"E AND A CHORD DISTANCE OF 168.24 FEET; THENCE RUN S01d00'43"W ALONG SAID WEST RIGHT OF WAY LINE, 934.51 FEET TO THE POINT OF BEGINNING.

 

THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 119.596 ACRES MORE OR LESS.

 


ATTACHMENT 1

Satellite imagery is available from Google Maps here:

http://www.google.com/maps?f=q&hl=en&q=leesburg,+fl&t=h&om=1&ll=28.801285,-81.826172&spn=0.008311,0.021458