AGENDA MEMORANDUM

 

 

MEETING DATE:   June 26, 2006

 

FROM:                       Laura McElhanon, AICP

                                    Community Development Director

 

SUBJECT:                   Ordinance for Annexation: Gerald B. Galbreath

 

 

Staff Recommendation: 

Staff recommends Aapproval of the proposed annexation.

 

Analysis:

In response to an application for annexation of property located on Joy Haven Road south of U.S. Hwy 441 between Mabel Lane and Mapache Lane, 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 Sstaff determined that it is not in the City’s best interest at this time to annex that additional property could not be annexed at this time because adjacent property cannot be added to this annexation without a formal election under state law, because it  is developed residentially, and an election may or may not be successful, because no other property owners have expressed a desire to annex at this time.

 

The project site is approximately ½ acre. The property is generally located on Joy Haven Road south of U.S. Hwy 441 between Mabel Lane and Mapache Lane, as shown on the attached General Location Map. The present zoning for this property is County R-1 (Rural Residential). Currently, the property is developed as a single family residence and the proposed use would continue to be a single family residence. The surrounding zoning designations are City C-3 (Highway Commercial) to the north and County R-1 (Rural Residential) to the east, west and south.

 

Also on the agenda for this meeting are the rezoning and the Small Scale Comprehensive Plan Amendment for this property, which are recommended for approval by the Planning Commission.

 

City water and wastewater utilities are 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. City pPolice and fire services are presently provided in this area and impacts on the provision of these services are estimated to be minimal.

 

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

 

Attached is the Annexation Agreement for this property, which will be before the Commission for consideration on July 10, 2006.

 

 

 

 

Options:        

1.         Approve the requested annexation; or. 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 the allow the development towill remain in the County.

 

Fiscal Impact:

Per approved City Commission policy, a fiscal impact analysis is not required for this site because it will be less than four residential units.

 

Submission Date and Time:    6/22/06 10:25 AM6/20/06 8:57 AM6/15/06 4:39 PM6/15/06 12:54 PM6/14/06 7:02 PM____

 

Department: Community  Development

Prepared by: Bill Wiley, 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 ______RS_____________

 

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 ONE HALF ACRE AND BEING GENERALLY LOCATED ON JOY HAVEN ROAD SOUTH OF U.S. HWY 441 BETWEEN MABEL LANE AND MAPACHE LANE, LYING IN SECTION 23, TOWNSHIP 19 SOUTH, RANGE 26 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 1; 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 Gerald B. Galbreath, the owner 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:

 

LEGAL DESCRIPTION

 

FROM A PT ON THE MID-SECTION LINE THAT IS 4093.50 FT W OF E LINE OF SEC, RUN S 0DEG 21MIN 12SEC W TO S'LY R/W OF S C L RR & POB, RUN S 0DEG 21MIN 12SEC W 235 FT, N 83DEG 25MIN 5SEC W 120.71 FT, N 0DEG 21MIN 12SEC E TO S'LY R/W OF S C L RR, E'LY ALONG R/W TO POB, AN UNDIVIDED 1/5 INT IN THAT CERTAIN STRIP OF LAND BOUNDED ON THE W'LY SIDE BY THE E'LY LINE OF U-HAUL'S PROPERTY, BOUNDED ON THE N'LY SIDE BY THE S'LY R/W LINE OF US HWY 441, BOUNDED ON THE S BY THE S LINE OF NW 1/4, BOUNDED ON THE E'LY SIDE BY A LINE, SAID LINE BEING APPROXIMATELY PARALLEL WITH & 25 FT FROM, WHEN MEASURED AT RIGHT ANGLE THERETO, THE E'LY CHAIN LINK FENCE OF SAID U-HAUL'S PROPERTY, THE SAID E'LY LINE OF THIS CONVEYANCE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEG AT A POINT ON S LINE OF NW 1/4 A DIST OF 963.15 FT FROM W 1/4 COR OF SEC, RUN N 21DEG 08MIN 34SEC E ALONG STRAIGHT LINE 286.62 FT TO S'LY R/W LINE OF US HWY 441 FOR A POINT OF TERMINUS ORB 1722 PG 2454

 

 ALTERNATE KEY: 1183596 

 

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 1.

 

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