AGENDA MEMORANDUM

 

 

MEETING DATE:   October 9, 2006

 

FROM:                       Laura McElhanon, AICP, Community Development Director

 

SUBJECT:                  Ordinance for Annexation for City of Leesburg Leesburg Commons,             LLC/William “Bill” Talley, Anchor Coating of Leesburg, Progress Energy

 

 

Staff Recommendation: 

The Planning staff recommends approval of the proposed annexation.

 

Analysis:

The City received an application for annexation of approximately 30 acres of land generally located at the southwest intersection of Talley Road and Talley Box Road, as shown on the attached General Location Map. The present zoning for this property is County HM (Heavy Industrial). Currently, the property is undeveloped and the proposed use is an industrial office park. The surrounding zoning designations are City M-1 (Industrial) to the north, east, and west, and City M-1 (Industrial) and R-1 (Single Family Residential) to the south.

 

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. This property is currently an enclave.  Staff determined additional property could be annexed at this time and has included an additional 11.5 acres owned by Anchor Coatings and Progress Energy in this annexation request, which will reduce the existing enclave.

 

Also on the agenda for this meeting is the rezoning of this property, which is recommended for approval by the Planning Commission. The Large Scale Comprehensive Plan Amendment 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 negative impact in the first year ($-24,979), and beginning in year two, with the collection of property taxes, the City will begin realizing a positive impact.

 

Fiscal Impact:

There is no fiscal impact to the City.

 

Submission Date and Time:    10/5/06 3:00 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 41.54 ACRES AND BEING GENERALLY LOCATED AT THE SOUTHWEST INTERSECTION OF TALLEY ROAD AND TALLEY BOX ROAD, LYING IN SECTION 15, TOWNSHIP 19 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 ANNEXEDSHALL 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 (PROPERTY NORTH OF TALLEY ROAD) AND DISTRICT 2 (PROPERTY SOUTH OF TALLEY ROAD); AND PROVIDING AN EFFECTIVE DATE.

 

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

 

Section 1

Based upon the “Annexation Report on Talley Road and Talley Box Road” dated September 26, 2006, as previously transmitted by the City of Leesburg to Lake County in accordance with the requirements of Florida Statutes 171.042 (2003), and based further on written consents filed with the City of Leesburg by the owners of more than 50% of the total land area affected by this Ordinance, requesting annexation into the City of Leesburg, the hereinafter described property is henceforth made a part of the city limits of the City of Leesburg, Florida. The City Commission finds that the property is contiguous to the municipal limits of the City of Leesburg, that the property is reasonably compact, that annexation of the property will not create any enclaves, and that the property otherwise meets all legal requirements for annexation. The subject property lying and situate in Lake County, Florida, is more particularly described as:

 

E 341.34 FT OF S 1/2 OF SW 1/4 OF NW ¼ OF SECTION 15, TOWNSHIP 19 SOUTH, RANGE 24 EAST; LESS RD R/W

ORB 1018 PG 1143

 

Alternate Key Number 2542721

Anchor Coatings of Leesburg 5.15 ac

----------------------------------------------------

 

BEG SE COR OF NE 1/4 OF SW 1/4  OF SECTION 15, TOWNSHIP 19 SOUTH, RANGE 24 EAST, RUN W TO W SIDE OF RD FOR
POB, RUN W TO PT 1324.51 FT W OF SE COR OF NE 1/4 OF SW 1/4,
N 73DEG 25MIN 24SEC E 583.10 FT, N 8DEG 10MIN 35SEC W 15.74
FT, N 81DEG 49MIN 25SEC E 10 FT, S 8DEG 10MIN 35SEC E 15.74
FT, E TO RD, S'LY ALONG RD TO POB

 


Alternate Key Number 1171202

Progress Energy 1.40 ac

----------------------------------------------------

 

N 170 FT OF SW 1/4 OF SW 1/4 OF SECTION 15, TOWNSHIP 19 SOUTH, RANGE 24 EAST

ORB 641 PG 275

 

Alternate Key Number 1171199

Progress Energy 5.16 ac

         

E 1/2 OF NW 1/4 OF SW 1/4, W 1/2 OF NE 1/4 OF SW ¼ OF SECTION 15, TOWNSHIP 19 SOUTH, RANGE 24 EAST, LESS FROM NE COR OF NW 1/4 OF NE 1/4 OF SW 1/4 RUN N 89DEG 46MIN 30SEC W 33 FT, S 00DEG 29MIN 00SEC W 605.59 FT FOR POB, CONT S 00DEG 29MIN 00SEC W 472.01 FT, S 62DEG 31MIN 08SEC W 170.47 FT, N 89DEG 39MIN 51SEC W 408.66 FT, N 01DEG 13MIN 42SEC E 520.54 FT, N 87DEG 07MIN 01SEC E 553.41 FT TO POB & LESS BEG AT SE COR OF W 1/2 OF   NE 1/4 OF SW 1/4, RUN W 662.25 FT, N 73DEG 25MIN 24SEC E 583.10 FT,       N 8DEG 10MIN 35SEC W 15.74 FT, N 81DEG 49MIN 25SEC E 10 FT, S 8DEG 10MIN 35SEC E 15.74 FT, E 94.95 FT, S TO POB--ORB 687 PG 1121

 

Alternate Key Number 1171458

Talley Box Company 29.83 ac.

 

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 (property north of Talley Road) and District 2 (property south of Talley Road).

 

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.

 

 

By:_________________________________

            Mayor

ATTEST:

 

___________________________________

City Clerk