AGENDA MEMORANDUM

 

 

MEETING DATE:   October 23, 2006

 

FROM:                       Laura McElhanon, AICP, Community Development Director

 

SUBJECT:                  Ordinance for Annexation for City of Leesburg (RAC Warehouse-Wayne W.            Justison and Frances L. Justison, Don Martin)

 

 

Staff Recommendation: 

The Planning staff recommends approval of the proposed annexation.

 

Analysis:

The City received an application for annexation of approximately 2.87 acres of land generally located north of U.S. 441 and west of Lake Street, as shown on the attached General Location Map. The present zoning for this property is County C-2 (Community Commercial). Currently, the property is undeveloped with vacant buildings and Hertz Car Rental and the proposed use general commercial uses. The surrounding zoning designations are C-3 (Highway Commercial) to south and east, County C-2 (Community Commercial) to the north, and City CIP (Commercial Industrial Planned) and County C-2 (Community Commercial) 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 be annexed at this time and included an additional .95 of an acre owned by Don Martin.

 

Also on the agenda for this meeting are the rezoning and the small scale comprehensive plan amendment of 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. 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 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 remain in the County.

 

 

 

Fiscal Impact:

As indicated on the attached fiscal impact analysis, there will be a small negative impact in the first year ($-908), and beginning in year two, with the collection of property taxes, the City will begin realizing a positive impact.

 

 

Submission Date and Time:    10/19/06 9:23 AM____

 

Department: Community  Development

Prepared by: Bill Wiley, AICP

Attachments:  Yes__X__   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Newspapers:

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Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. ______wp____________                                     

                              

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 2.87 ACRES AND BEING GENERALLY LOCATED NORTH OF U.S. 441 AND WEST OF LAKE STREET, LYING IN SECTIONS 19 AND 30, TOWNSHIP 19 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 1; 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 441/RAC Warehouse” dated October 9, 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:

 

LEGAL DESCRIPTION

 

BEG 440 FT E OF SE COR OF LOT 1, BLK 6 LAKE GRIFFIN PARK, RUN E 200 FT, N 200     FT, W 200 FT, S TO POB. N 1/2 OF SECOND ST S OF SAID TRACT

 

ALTERNATE KEY: 1182760 

WAYNE W. JUSTISON

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LAKE GRIFFIN PARK LOT 12, BLK 7, S 1/2 OF SECOND ST N OF SAID LOT PB 11 PG 9

 

ALTERNATE KEY: 1456231

WAYNE W. JUSTISON

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LAKE GRIFFIN PARK BEG AT SE COR LOT 13, BLK 7, RUN SW'LY TO NE COR OF LOT 8,                 NW'LY AS AN EXTENSION OF NE LINE OF LOT 8 65 FT, SW'LY PARALLEL WITH N'LY                             LINE OF LOT 8 TO E LINE OF LOT 14, N TO NW COR OF LOT, E 100 FT, S TO SE COR OF                      LOT 13 & POB PB 11 PG 9

 

ALTERNATE KEY: 1456240

WAYNE W. JUSTISON

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LEESBURG, LAKE GRIFFIN PARK NW’LY 145 FT OF LOTS 7, 8, STRIP 65 FT BY 200 FT NW OF LOTS 7, 8, BLK 7 PB 11 PG 9 ORB 803 PG 366

 

ALTERNATE KEY: 1456215

DON MARTIN 

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

 

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