AGENDA MEMORANDUM

 

 

MEETING DATE:   June 12, 2006

 

FROM:                       Laura McElhanon, AICP

                                    Community Development Director

 

SUBJECT:                  Annexation: Benderson 85-I Trust

 

 

 

Staff Recommendation: 

Staff recommends Aapproval of the proposed annexation.

 

Analysis:

In response to an application for annexation of property located south of the Ronald Reagan Turnpike and east of C.R. 48, the City has evaluated the area relative to additional property that could be annexed into the City to allow for a more regular city limit/city service boundary. State Statute 171.0413(6) provides for the City to initiate annexations with the consent of at least 50% of the property owners. It was determined by staff that additional property could not be annexed at this time due to adjacent lot sizes and adjacent lots containing existing residential development.

 

The project site is approximately 149 acres.  The property is generally located south of the Ronald Reagan Turnpike and east of C.R. 48, as shown on the attached General Location Map. The present zoning for this property is County A (Agriculture). Currently, the property is undeveloped and the proposed use is Residential Planned Unit Development. The surrounding zoning designations are PUD (Planned Unit Development) to the east and City R-2 (Medium Density Residential), P (Public) and PUD (Planned Unit Development) to the north and City R-2 (Medium Density Residential) to the south and County A (Agriculture) to the west.

 

Also on the agenda for this meeting is the rezoning for this property, which is recommended for approval by the Planning Commission. The Large Scale Comprehensive Plan Amendment is being processed as part of the First Cycle 2006 amendments, which has been transmitted to the Florida Department of Community Affairs.

 

City water and wastewater utilities will be available in the area. The developer is responsible for all cost and construction to make the necessary extension and hook-ups to City utilities in accordance with City requirements. Police and fire services are presently provided in this area and impacts on the provision of these services are estimated to be minimal.

 

Attached is the Annexation Agreement for this property, which will be before the Commission for consideration on June 26, 2006.

 

Options:        

1.   Approve the requested annexation. This would give the City jurisdiction over the use and development of the subject site and provide for application of City standards to this property.

2.   Disapprove the proposed annexation and allow the development to occur in the County.

 

Fiscal Impact

As indicated on the attached fiscal impact analysis, there will be a small positive impact in the first year (of $482), and beginning in year two, with the collection of property taxes, the positive impact would increase.

 

 

 

 

Department: Community  Development

Prepared by: Laura McElhanon, 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 OF THE CITY OF LEESBURG, FLORIDA, ANNEXING CERTAIN REAL PROPERTY CONSISTING OF APPROXIMATELY 149 ACRES AND BEING GENERALLY LOCATED SOUTH OF THE RONALD REAGAN TURNPIKE AND EAST OF C.R. 48, LYING IN SECTIONS 21, & 28 , TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, WHICH IS CONTIGUOUS TO THE CITY LIMITS OF THE CITY OF LEESBURG, FLORIDA, PROVIDING THAT SAID PROPERTY SO ANNEXED  SHALL BE LIABLE FOR ITS PROPORTIONATE SHARE OF THE EXISTING AND FUTURE INDEBTEDNESS OF SAID CITY; PROVIDING THAT SUCH ANNEXED PROPERTY SHALL BE SUBJECT TO ALL LAWS AND ORDINANCES OF SAID CITY AS IF ALL SUCH TERRITORY HAD BEEN A PART OF THE CITY OF LEESBURG AT THE TIME OF PASSAGE AND APPROVAL OF SAID LAWS AND ORDINANCES; PROVIDING THAT SUCH ANNEXED TERRITORY SHALL BE PLACED IN CITY COMMISSION DISTRICT 3; AND PROVIDING AN EFFECTIVE DATE.

 

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

 

Section 1

 

Based upon the petition of Benderson 85-I Trust, owners of the property hereinafter described  which is contiguous to the existing city limits of the City of Leesburg, Florida, that the property hereinafter described be annexed to the city limits of the City of Leesburg, Florida, which petition has heretofore been approved by the City Commission of the City of Leesburg, Florida, pursuant to the provisions of the Laws of Florida, the hereinafter described property is hereby annexed and made a part of the city limits of the City of Leesburg, Florida. The subject property lying and situate in Lake County, Florida, is more particularly described as:

 

                                                            SEE EXHIBIT B

 

Section 2.

 

All of the property, real and personal, within said annexed territory, described in Section 1 above, as provided by this ordinance, and the inhabitants thereof, shall be subject to the government, jurisdiction, powers, franchises, duties, and privileges of the City of Leesburg, Florida, and the said annexed property shall be  liable, proportionately, for all of the present outstanding and existing, as well as future, indebtedness of the City of Leesburg, Florida; that all of the ordinances of the City of Leesburg, and all laws heretofore passed by the Legislature of the State of Florida relating to and which now or hereafter constitute its Charter, shall apply to and have the same force and effect on such annexed territory as if all such annexed territory had been a part of the City of Leesburg, Florida, at the time of the passage and approval of said laws and ordinances. The property annexed hereby is assigned to City Commission District 3.

 

Section  3.   

 

This ordinance shall become effective immediately upon approval at second reading.

 

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


Exhibit B

 

Legal Description

 

Benderson 85-I Trust

 

 

FROM SW COR OF NW 1/4 OF NW 1/4 OF SEC 28-20-24 RUN N 00DEG
12MIN 05SEC E 1029.78 FT TO A POINT ON SE'LY R/W LINE OF CR
48, SAID POINT BEING ON A CURVE CONCAVE SE'LY & HAVING A
RADIUS OF 8878.68 FT & A RADIAL BEARING OF N 48DEG 31MIN
02SEC W, THENCE NE'LY ALONG THE ARC OF SAID CURVE & SAID
SE'LY R/W LINE THROUGH A CENTRAL ANGLE OF 03DEG 31MIN 31SEC,
AN ARC LENGTH OF 546.29 FT TO THE END OF SAID CURVE, THENCE
N 45DEG 00MIN 29SEC E ALONG SAID SE'LY R/W LINE OF CR 48 A
DIST OF 453.92 FT FOR POB, CONT N 45DEG 00MIN 29SEC E ALONG
SAID SE'LY R/W LINE OF CR 48 A DIST OF 2135.31 FT TO A POINT
ON SW'LY R/W LINE OF FLORIDA TURNPIKE, THENCE S 43DEG 02MIN
13SEC E ALONG SAID SW'LY R/W LINE OF FLORIDA TURNPIKE 75 FT,
S 00DEG 12MIN 41SEC W 3212.26 FT TO S LINE OF NE 1/4 OF NW
1/4 OF SAID SEC 28-20-24, N 89DEG 47MIN 19SEC W 264.84 FT, N
36DEG 10MIN 52SEC W 2176.02 FT TO POB--LESS THAT PART OF
LAND LYING WITHIN SEC 28-20-24--ORB 2775 PG 2089

 

FROM INTERSECTION OF SE'LY R/W LINE OF CR 48 WITH SW'LY R/W
LINE OF FLORIDA TURNPIKE RUN S 43DEG 02MIN 113SEC E ALONG
SAID SW'LY R/W LINE OF FLORIDA TURNPIKE 804.75 FT FOR POB,
RUN S 00DEG 12MIN 41SEC W TO S LINE OF SEC, E ALONG SAID S
LINE OF SEC TO SW'LY R/W LINE OF FLORIDA TURNPIKE, NW'LY
ALONG SAID FLORIDA TURNPIKE TO POB ORB 2775 PG 2084

 

FROM INTERSECTION OF SW'LY R/W LINE OF FLORIDA TURNPIKE WITH
N LINE OF NE 1/4 RUN N 89-43-55 W 219.06 FT FOR POB, RUN S
0-14-06 W 1242.70 FT, N 89-44-26 W 1056.48 FT, N 0-12-41 E
TO N LINE OF NE1/4 S89-43-55E TO POB ORB 2775 PG 2084