AGENDA MEMORANDUM

 

 

MEETING DATE:   November 13, 2006

 

FROM:                       Laura McElhanon, AICP, Community Development Director

 

SUBJECT:                  Ordinance approving  Annexation to the City of Leesburg (Robert & Rosa Nobles, Fred                                     Morrison, Eric H. Coe and Backedge, LLC)

 

 

 

Staff Recommendation: 

The Planning staff recommends approval of the proposed annexation.

 

Analysis:

The City received applications for annexation of approximately 26 acres of land generally located on the east and west side of U.S. 27 at Commander Road, as shown on the attached General Location Map. The present zoning for this property is County C-1 (Neighborhood Commercial), County CP (Planned Commercial), County R-6 (Urban Residential), County DFD (Public/Community Facilities, County C-2 (Community Commercial). Currently, the property is undeveloped, office uses and utility substation and the proposed uses are general commercial, office/profession and assisted living facilities. The surrounding zoning designations are County RMRP (Residential Mobile Home Park).

 

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 have included an additional 4 acres owned by Carlin Washo, Dante Nuzzo and Nida Martir,  United Telephone Company of Florida, OCN Partnership, and Dinesh and Seema Khanna.

 

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 2nd cycle of 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 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 positive impact in the first year ($2,800). Once development is constructed, the positive impact will increase.

 

 

Submission Date and Time:    11/22/06 12:53 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. __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 30 ACRES AND BEING GENERALLY LOCATED EAST AND WEST OF U.S. 27 AT THE INTERSECTION OF COMMANDER ROAD, LYING IN SECTIONS 11 AND 14, 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 “Annexation Report on U.S. 27 South and Commander Road” dated October 30, 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

 

Alternate Key Numbers 1294142, 3846887, 1294215, 1294681, 3375343, 1294819, 3778826,                                                        3792695, 1294231, 1294801 and 2821795. 

 

The East 350 feet of the following described land:

That part of the South 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 11, Township 20 South, Range 24 East, lying East of the Easterly line of right of way of U.S. Highway No. 27, LESS the South 25 feet thereof, ALSO LESS land described in Warranty Deed recorded on June 11, 1998 in Official Records Book 1617, page 387; ALSO LESS land described in Statutory Quit Claim Deed recorded on February 29, 2000 in Official Records Book 1798, page 968; ALSO LESS land described in Warranty Deed recorded on March 1, 2000 in Official Records Book 1798, page 1765, all of the Public Records of Lake County, Florida, lying and being in Lake County, Florida.

 

Alternate Key Number 1294142

Keith J. Shamrock Et Al 5.10 ac

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

 

That part of the South 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 11, Township 20 South, Range 24 East, lying East of the Easterly line of right of way of U.S. Highway No. 27, LESS the South 25 feet thereof, ALSO LESS land described in Warranty Deed recorded on June 11, 1998 in Official Records Book 1617, page 387; ALSO LESS land described in Statutory Quit Claim Deed recorded on February 29, 2000 in Official Records Book 1798, page 968; ALSO LESS land described in Warranty Deed recorded on March 1, 2000 in Official Records Book 1798, page 1765, all of the Public Records of Lake County, Florida, lying and being in Lake County, Florida. ALSO LESS the East 350 feet thereof.

 

Alternate Key Number 3846887

Eric H. & Diane R. Coe 5.84 ac

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SW 1/4 OF SW 1/4 OF SE 1/4 W OF HWY--LESS S 250 FT--ORB 1570 PG 2130

 

Alternate Key Number 1294215

Fred A. Morrison 1.6 ac

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S 1/2 OF NE 1/4 OF NE 1/4 OF NW 1/4, N 135.75 FT OF S 1/2 OF NW 1/4 OF NW 1/4 OF NE 1/4 W OF HWY --ORB 781 PG 569

 

Alternate Key Number 1294681

Robert L. & Rosa E. Nobles 5.1 ac

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BEG AT N 1/4 COR OF SEC, RUN S 89DEG 45MIN 30SEC E 270.34 FT TO W'LY R/W LINE OF US HWY 27, S 11DEG 18MIN 51SEC E ALONG W'LY R/W LINE 25.52 FT TO A PT THAT IS 25 FT S OF N LINE OF NE 1/4, N 89DEG 45MIN 30SEC W 275.40 FT TO W LINE OF NE 1/4, S 00DEG 06MIN 41SEC W ALONG SAID W LINE OF NE 1/4 A DIST OF 146.79 FT, S 89DEG 45MIN 30SEC E 305.08 FT TO W'LY R/W LINE OF US HWY 27, S 11DEG 18MIN 51SEC E ALONG SAID W'LY R/W LINE 162.63 FT TO S LINE OF N 1/2 OF NW 1/4 OF NW 1/4 OF NE 1/4, N 89DEG 52MIN 24SEC W 1000.36 FT TO W LINE OF NE 1/4 OF NE 1/4 OF NW 1/4, N 00DEG 05MIN 35SEC E 332.23 FT TO N LINE OF NW 1/4, S 89DEG 59MIN 10SEC E ALONG N LINE 663.17 FT TO POB --ORB 1161 PG 1616

 

Alternate Key Number 3375343

Robert L. & Rosa E. Nobles 6.38 ac

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S 196.05 FT OF NW 1/4 OF NW 1/4 OF NE 1/4 W OF HWY --ORB 3122 PG 40

 

Alternate Key Number 1294819 

Backedge LLC 1.77 ac

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FROM NE COR OF S 1/2 OF SW 1/4 OF SE 1/4 RUN N 89DEG 45MIN 56SEC W 699.22 FT FOR POB, RUN S 00DEG 14MIN 14SEC W 170 FT, N 89DEG 45MIN 46SEC W 65.08 FT TO A POINT ON A CURVE CONCAVE W'LY & HAVING A RADIUS OF 175 FT & RADIAL BEARING OF S 88DEG 07MIN 40SEC E, THENCE S'LY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 09DEG 13MIN 56SEC AN ARC LENGTH OF 28.20 FT, THENCE RUN N 89DEG 45MIN 46SEC W 173.02 FT TO E'LY R/W LINE OF US HWY 27, N 11DEG 18MIN 58SEC W ALONG SAID E'LY R/W LINE 202.09 FT TO N LINE OF S 1/2 OF SW 1/4 OF SE 1/4, S 89DEG 45MIN 46SEC E 281.63 FT TO POB --ORB 1617 PG 387

 

Alternate Key Number 3778826

Dante Nuzzo & Nida I. Martir 1.16 ac

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FROM NE COR OF S 1/2 OF SW 1/4 OF SE 1/4 RUN N 89DEG 45MIN 46SEC W 980.85 FT TO E'LY R/W LINE OF US HWY 27, S 11DEG 18MIN 58SEC E ALONG SAID E'LY R/W LINE 485.42 FT FOR POB, RUN N 78DEG 41MIN 02SEC E 140 FT, S 11DEG 18MIN 58SEC E 182.83 FT, N 89DEG 45MIN 30SEC W 142.90 FT TO E'LY R/W LINE OF US HWY 27, N 11DEG 18MIN 58SEC W 154.20 FT TO POB—LESS RD R/W--ORB 1798 PG 1765

 

Alternate Key Number 3792695

Dinesh & Seema Khanna .55 ac

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S 250 FT OF SW 1/4 OF SW 1/4 OF SE 1/4 W OF HWY --ORB 2331 PG 1819

 

Alternate Key Number 1294231

OCN Partnership 1.23 ac

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FROM NW COR OF NE 1/4 RUN E 277 FT TO HWY, S'LY ALONG HWY 25.4 FT FOR POB RUN S'LY ALONG HWY 50 FT, W 100 FT, N'LY PARALLEL TO HWY 50 FT, E TO POB --ORB 2291 PG 1104

 

Alternate Key Number 1294801

Carlin C. Washo 1.2 ac

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FROM INTERSECTION OF W'LY R/W OF US HWY 27 & N LINE OF SEC RUN S'LY ALONG SAID R/W 75.4 FT FOR POB, RUN W 100 FT, N'LY PARALLEL WITH HWY TO A PT 25 FT S OF N LINE OF SEC, W'LY PARALLEL WITH N LINE OF SEC TO W LINE OF NE 1/4 BEING PT A, RETURN TO POB & RUN S'LY ALONG HWY 100 FT, W TO W LINE OF NE 1/4, N TO INTERSECT PT A --ORB 858 PG 1441

 

Alternate Key Number 2821795

United Telephone Company of Florida .87 ac

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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