AGENDA MEMORANDUM

 

 

MEETING DATE:   July 10, 2006

 

FROM:                       Laura McElhanon, AICP

                                    Community Development Director

 

SUBJECT:                  Ordinance for Annexation: Charles Bradshaw (Renaissance Trails)

 

 

Staff Recommendation: 

Staff recommends adoption of the proposed Ordinance annexing property for Charles Bradshaw (Renaissance Trails).

 

Analysis:

In response to an application for annexation of property located at the intersection of C.R. 48 and Austin Merritt Road, 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. It was determined by staff that additional property could not be annexed at this time because adjacent property is developed residentially and adjacent lots exceed the size allowed by statute to be annexed involuntarily.

 

The project site is approximately 1,012 acres.  The property is generally located at the intersection of C.R. 48 and Austin Merritt Road, in accordance with their PUD application and supplemental information, as shown on the attached General Location Map. The present zoning for this property is County A (Agriculture). Currently, the property is undeveloped and single family uses. The proposed uses are mixed use residential and commercial. The surrounding zoning designations are County (Agriculture) to the south and east, and County A (Agriculture) and City R-2 (Medium Density Residential) to the north and Sumter County to the west which is also being developed as part of Renaissance Trails.

 

Also on the agenda for this meeting is the rezoning, which is recommended for approval by the Planning Commission. The Large Scale Comprehensive Plan Amendment will be processed as part of the second cycle for 2006.

 

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. Police and fire services are presently provided in this area and impacts on the provision of these services are estimated to be minimal.

 

 

 

Options:        

1.         Approve the requested annexation. This will 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 remain in the County.

 

Fiscal Impact:

As indicated on the  attached fiscal  impact  analysis, there will be a negative impact in the first year (-$11,171), and beginning in year two, the City will realize a positive impact with the collection of property taxes.

 

 

 

Submission Date and Time:    7/7/06 3:53 PM7/7/06 3:46 PM7/7/06 3:41 PM____

 

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 ________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 1,012 ACRES AND BEING GENERALLY LOCATED SOUTH OF THE INTERSECTION OF CR 48 AND AUSTIN MERRITT ROAD, LYING IN SECTION 31, 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 Charles E. Bradshaw, Jr., 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:

 

(See Exhibit A for legal.)

 

Alternate Key Numbers 1775248, 1775477, 1383528, 1035643, 1035627, and 1383510 

 

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 24th day of July, 2006.

 

 

 

THE CITY OF LEESBURG

 

By:_________________________________

            Mayor

ATTEST:

 

___________________________________

City Clerk

Exhibit A

 

Legal Descriptions:  PUD and LSPCA

 

PARCEL ONE: (BASED ON STATE PLANE COORDINATE SYSTEM)

ALL OF SECTION 6, TOWNSHIP 21 SOUTH, RANGE 24 EAST, IN LAKE COUNTY, FLORIDA, LYING WESTERLY OF THE WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 48.

LESS THE FOLLOWING DESCRIBED CEMETERY LOT:  THAT PART OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 21 SOUTH, RANGE 24 EAST, IN LAKE COUNTY, FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 6, TOWNSHIP 21 SOUTH, RANGE 24 EAST, AND RUN S.8940'48"E. ALONG THE NORTH LINE OF THE NORTHWEST 1/4 A DISTANCE OF 2171.72 FEET; THENCE S.008'49"W., 1305.05 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION, FROM SAID POINT OF BEGINNING CONTINUE S.008'49"W., 220.00 FEET; THENCE N.8938'26"W., 110.00 FEET; THENCE N.008'49"E., 220.00 FEET; THENCE S.8938'26"E., 110.00 FEET TO THE POINT OF BEGINNING.

AND

THAT PART OF SECTION 31, TOWNSHIP 20 SOUTH, RANGE 24 EAST, IN LAKE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:

THE SOUTHWEST 1/4

AND

THE SOUTH 1/2 OF THE NORTHWEST 1/4

AND

THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4

AND

THE WEST 462 FEET OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4.

 

PARCEL TWO: (NOT BASED ON STATE PLANE COORDINATE SYSTEM)

SECTION 5, TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA:

BEGIN NORTHWEST CORNER OF SOUTHWEST QUARTER OF NORTHWEST QUARTER RUN NORTH 234.65 FEET, NORTH 4652'19" EAST 330.2 FEET, NORTH 3406' 23" EAST 267.43 FEET, SOUTH 6316'2" EAST 329.32 FEET, NORTH 6742'57" EAST 229.87 FEET, SOUTH 8329'34" EAST 246.24 FEET, SOUTH 3246'50" EAST 328.65 FEET, SOUTH 0715'56" EAST 47.1 FEET TO EAST LINE OF NORTHWEST QUARTER OF NORTHWEST QUARTER, SOUTH 0040'37" EAST 251.75 FEET, SOUTH 3309'EAST 65.95 FEET, SOUTH 8144'02" EAST 454.00 FEET, SOUTH 6545'54" EAST 367.72 FEET, SOUTH 4209'05" WEST 374.73 FEET, SOUTH 838'04" WEST 293.42 FEET, SOUTH 3445'07" EAST 248.63 FEET, SOUTH 2224'38" EAST 273.92 FEET, NORTH 7303'19" WEST 207.85 FEET, SOUTH 1755'20" WEST 245.88 FEET, NORTH 7942'16" WEST 330.60 FEET, SOUTH 8837'48" WEST 239.34 FEET, SOUTH 5117'42" WEST 221.45 FEET, SOUTH 1917'51" WEST 533.67 FEET, NORTH 8947'10" WEST 446 FEET, SOUTH 5100'49" WEST 321.18 FEET, SOUTH 0646'58" WEST 407.36 FEET, SOUTH 1605'27" WEST 457.60 FEET TO WEST LINE OF SECTION, NORTH 044'36" WEST 1762.00 FEET TO NORTHWEST CORNER OF SOUTHWEST QUARTER OF SECTION, NORTH 042'50" WEST 1324.63 FEET TO POINT OF BEGINNING.

AND

BEGINNING AT A POINT THAT IS 360.15 FEET, SOUTH 8907'25" WEST OF NORTHEAST CORNER OF SOUTHWEST QUARTER OF SOUTHWEST  QUARTER, RUN NORTH 1707'10" EAST 400.75 FEET, NORTH 8624'50" EAST 485.32 FEET, SOUTH 5939'10" EAST 620.25 FEET, SOUTH 0634'50" EAST 263 FEET, SOUTH 6420'10" WEST 415.15 FEET, SOUTH 2935'10" WEST 376.57 FEET, SOUTH 5813'10" WEST 589.92 FEET, SOUTH 2835'50" WEST 247.65 FEET, SOUTH 7315'30" WEST 203.64 FEET, NORTH 1552'WEST 205.8 FEET, NORTH 1847'WEST 330.5 FEET, NORTH 3812'40" EAST 178.97 FEET, NORTH 3613'50" WEST 184.17 FEET, NORTH 3230'10" EAST 205.7 FEET, NORTH 6453'10" EAST 220.31 FEET, NORTH 1707'10" EAST 197.2 FEET TO POINT OF BEGINNING.

LESS ROAD RIGHT-OF-WAY;

AND

SECTION 6, TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA:

ALL OF SECTION EAST OF HIGHWAY, LESS COUNTY ROAD RIGHT-OF-WAY;

AND

SECTION 7, TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA:

NORTH HALF OF NORTHEAST QUARTER.

LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL:

THAT PART OF SECTIONS 6 AND 7 OF TOWNSHIP 21 SOUTH, RANGE 24 EAST IN LAKE COUNTY, FLORIDA BOUNDED AND DESCRIBED AS FOLLOWS:

BEGIN AT THE NORTHEAST CORNER OF SECTION 7, TOWNSHIP 21 SOUTH, RANGE 24 EAST, AND RUN S. 057'49" E. ALONG THE EAST LINE OF SAID SECTION 7, A DISTANCE 1319.40 FEET, TO THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 7; THENCE S. 8924'41" W. ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 7, A DISTANCE OF 2647.48 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 7;  THENCE N.058'27" W. ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 A DISTANCE OF 1322.24 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE AFOREMENTIONED SECTION 6, TOWNSHIP 21 SOUTH, RANGE 24 EAST, THENCE S.8928'22" W. ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 6, A DISTANCE OF 1861.28 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 48; THENCE N.3612'44"E. ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 48 A DISTANCE OF 1554.78 FEET; THENCE LEAVING SAID SOUTHEASTERLY RIGHT-OF-WAY LINE RUN S.6439'17"E.  190.10 FEET; THENCE S.5227'13"E. 185.07 FEET; THENCE S.1202'24"E. 234.48 FEET; THENCE N.8754'40"E. 149.53 FEET; THENCE S.7224'48"E. 249.15 FEET; THENCE S.6642'50"E. 230.83 FEET; THENCE S5835'48"E. 188.69 FEET; THENCE S.3442'25"E. 270.78 FEET; THENCE S.6046'11"E. 227.77 FEET; THENCE S.5533'45"E. 160.56 FEET; THENCE S.2447'09"E. 254.05 FEET; THENCE S1446'11"W. 282.12 FEET; THENCE S.1909'41"W. 139.33 FEET; THENCE S.7502'51"E. 223.28 FEET; THENCE N.3332'59"E. 237.59 FEET; THENCE N.6225'48"E. 186.32 FEET; THENCE S.5324'40"E. 273.32 FEET; THENCE S.1538'53"W 400.77 FEET; THENCE S.7048'26"E.228.54 FEET; THENCE S.8853'30"E. 219.94 FEET; THENCE N.5144'16"E. 361.25 FEET; THENCE N.4135'32"E. 192.37 FEET; THENCE N.2326'28"W. 221.85 FEET; THENCE N.4350'31"W. 289.55 FEET; THENCE  N.1411'46"W. 218.86 FEET; THENCE N.0836'50"E. 359.29 FEET; THENCE N.0320'42"E. 145.24 FEET; THENCE N.2016'43"E. 165.51 FEET; THENCE N.6030'35"E. 217.27 FEET; THENCE N.8343'05"E. 259.27 FEET; THENCE N.7837'15"E. 181.78 FEET; THENCE N.1601'31"E., 453.93 FEET; THENCE N.89°04'02"E. 104.55 FEET; THENCE S.1601'31"W., 457.31 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST 1/4 OF THE AFOREMENTIONED SECTION 6, TOWNSHIP 21 SOUTH RANGE 24 EAST; THENCE S.047'18"E. ALONG THE EAST LINE OF THE SOUTHEAST 1/4 A DISTANCE OF 886.14 FEET TO THE POINT OF BEGINNING.

 

Legal Description - Railroad Right-of-Way

 

That part of the abandoned 120 foot wide Railroad Right-of-Way lying in the Southwest ¼ and also lying in the Southeast ¼ of the Northwest ¼ and also lying in the Southwest ¼ of the Northeast ¼ of Section 6, Township 21 South, Range 24 East, Lake County, Florida.

Subject to all easements, Rights-of-Way and restrictions of record if any: