AGENDA MEMORANDUM

 

 

MEETING DATE: August 28, 2006

 

FROM: Laura McElhanon, AICP, Community Development Director

 

SUBJECT: Ordinance to annex property for Green Leaf Development

 

 

Staff Recommendation:

The Planning staff recommends approval of the proposed annexation for Green Leaf Development.

 

Analysis:

The City received an application for annexation of approximately 96.03 acres of land generally located east of the intersection of C.R. 48 and U.S. 27, west of Leuty Road, south of Lake Harris, 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 single family and townhouse units. The surrounding zoning designations are County zoned A (Agriculture) to the east, and City R1-A (Single Family Residential) to the south, Lake Harris to the north, and City PUD (Planned Unit Development) to the west.

 

Staff 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. Staff determined that additional property could not be annexed at this time because adjacent property either is developed residentially or the parcel is too large to be annexed in this manner under State Statutes.

 

Also on the agenda for this meeting is the rezoning of this property, which is recommended for approval by the Planning Commission, and the Large Scale Comprehensive Plan Amendment, which is being 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 small positive impact in the first year ($3,063), and beginning in year two, with the collection of property taxes, the City will begin realizing a larger positive impact.

 

 

Submission Date and Time: 9/21/06 8:11 AM____

 

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 96.03 ACRES AND BEING GENERALLY LOCATED EAST OF THE INTERSECTION OF CR 48 AND US HWY 27, WEST OF LEUTY ROAD, SOUTH OF LAKE HARRIS, LYING IN SECTION 12, TOWNSHIP 20 SOUTH, RANGE 24 EAST AND SECTIONS 7 AND 18, TOWNSHIP 20 SOUTH, RANGE 25 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 Green Leaf Development Associates, LLC, the petitioner, and Charles Hasley, Jr., Douglas Hasley, et. al., the 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 A for Legal Description)

Alternate Key Numbers 1038375, 1208076, 1208637, 1208068, 1208611, 1208670 and 1208688

 

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 A

 

GREAN LEAF DEVELOPMENT ASSOCIATES, LLC

 

LEGAL DESCRIPTION

 

The East 643.5 feet of Government Lot 5, in Section 12, Township 20 South, Range 24 East, together with an easement for ingress and egress described as follows: The East 10 feet of the Northeast of the Northeast , Section 13, Township 20 South, Range 24 East, Lake County, Florida

 

And

 

The West 260 feet of the West of Government Lot 2, in Section 7, Township 20 South, Range 25 East, Lake County, Florida. The West 260 feet of the West of Government Lot 1, in Section 18, Township 20 South, Range 25 East, in Lake County, Florida. That part of the West 260 feet of the West of Government Lot 2, in Section 18, Township 20 South, Range 25 East, in Lake County, Florida, lying North of the right-of-way of state highway.

 

And

 

The East 761.5 feet of the West 1021.5 feet of Government Lot 2, Section 7, and the East 761.5 feet of the West 1021.5 feet of Government Lot 1, and the East 761.5 feet of the West 1021.5 feet of Government Lot 2, North of Highway, in Section 18, Township 20 South, Range 25 East, Lake County, Florida.

 

And

 

That part of the Northwest of the Northwest of Section 18, Township 20 South, Range 25 East, in Lake County, Florida, lying East of a line beginning 150 feet West of the Northeast corner of said Northwest of the Northwest and running due South to the Northerly line of the right-of-way of State Road No. 48.

 

And

 

That part of the Southwest of the Southwest of Section 7, Township 20 South, Range 25 East, in Lake County, Florida, lying East of a line beginning 150 feet due West of the Southeast corner of said Southwest of the Southwest and running due North to Lake Harris.

 

And

 

That part of the East of Government Lot 1 in Section 18, Township 20 South, Range 25 East, in Lake County, Florida, lying West of the following described line: From the Northeast corner of said Government Lot 1, run North 894730 West along the North line of Government Lot 1 a distance of 646.98 feet to the Point of Beginning of said line; thence South 0955 West to the Northerly line of the right-of-way of State Road No. 48 and the end of said line.