AGENDA MEMORANDUM

MEETING DATE:   May 22, 2006

FROM:                       Laura McElhanon, AICP

                                    Community Development Director

SUBJECT:                  Ordinance approving Large Scale Comprehensive Plan Amendment:  Benderson 85 I (149 acres)

Staff Recommendation

The Planning staff recommends approval of the proposed amendment to the City’s adopted Comprehensive Plan Future Land Use Map by changing the Future Land Use classification from County Rural to City Estate Residential. The Planning Commission will hold a hearing on this request on May 18, 2006.

Analysis

The project site is approximately 149 acres. The general location is south of CR 48 and the Turnpike. The project site is larger than ten (10.0) acres and is therefore considered a large-scale comprehensive land use plan amendment under state statutes. The City will notify the Florida Department of Community Affairs of the plan amendment and the Department will review the project site area to confirm that it is larger than ten (10) acres.

The project site is currently undeveloped and the surrounding Future Land Use Map designations are:

                        North   –  Institutional, Estate and Mixed Low Density Residential

                        South   –  County Rural

                        East     –  Estate Residential

                        West    –  Mixed Low Density Residential

The Land Use for the property is currently County Rural. The proposed designation of City Estate Residential is consistent with the City’s adopted Comprehensive Plan.

The existing land uses surrounding the property are:

                        North   –  City Sprayfield

                        South   –  undeveloped

                        East     –  undeveloped and single family

                        West    –  undeveloped

Presently, as referenced above, the site is undeveloped. The proposed use of the site is residential development.

Water and sewer services are available in the area. The provision of utilities to this site is not likely to have significant adverse effects on the City’s utility systems. The developer is responsible for all costs of construction to make the necessary hook-ups to City utilities in accordance with City requirements.

Options:

1. To approve or disapprove the proposed City Future Land Use Map amendment designating the site as City Estate Residential and Conservation.

2. Such alternative action as the Commission may deem appropriate. 

Fiscal Impact:

This large-scale comprehensive plan amendment will have no direct fiscal impact on the City of Leesburg.

Submission Date and Time:    12/19/2006 9:01 AM12/13/2006 8:41 AM____

Department: Community Development Prepared by:  Laura McElhanon, AICP Attachments:         Yes____   No ______ Advertised:   ____Not Required ______ Dates:   __________________________                      Attorney Review :       Yes___  No ____ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head ________ Finance  Dept. __________________                                    Deputy C.M. ___________________                                           Submitted by: City Manager ___________________

Account No. _________________ Project No. ___________________ WF No. ______________________ Budget  ______________________ Available _____________________

ORDINANCE NO. ______

AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF LEESBURG, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION OF CERTAIN PROPERTY CONTAINING 149 ACRES AND GENERALLY LOCATED SOUTH OF CR 48 AND THE RONALD REAGAN TURNPIKE, LYING IN SECTION 28, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM COUNTY RURAL TO CITY ESTATE RESIDENTIAL AND CONSERVATION; AND PROVIDING AN EFFECTIVE DATE (BENDERSON/FARAH).

WHEREAS, the City Commission has received written objections, recommendations, and comments from the City of Leesburg Planning Commission acting as the Local Planning Agency, regarding amendment of the Comprehensive Plan of the City of Leesburg, and which has made recommendations to the City Commission for amendment of the Plan; and

WHEREAS, the City Commission of the City of Leesburg has held public hearings on the proposed amendment to the plan, in light of written comments, proposals and objections from the general public;

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

Section 1. 

The Comprehensive Plan of the City of Leesburg, adopted by the City of Leesburg on September 22, 2003, pursuant to the Local Government Planning and Land Development Regulations Act of 1985, Chapter 163, Part II, Florida Statutes, after public hearings by the City of Leesburg Planning Commission, is hereby amended in the following manner:

The Future Land Use Map is amended by changing the designation of an approximate 149 acre parcel of land generally located south of CR 48 and the Ronald Reagan Turnpike, lying in Sections 21 and 28, Township 20 South, Range 24 East, Lake County, Florida, legally described as:

FROM SW COR OF NW 1/4 OF NW 1/4 OF SEC 28-20-24 RUN N 00DEG
12MIN 05SEC E 1029.78 FT TO A POINT ON SE'LY R/W LINE OF CR
48, SAID POINT BEING ON A CURVE CONCAVE SE'LY & HAVING A
RADIUS OF 8878.68 FT & A RADIAL BEARING OF N 48DEG 31MIN
02SEC W, THENCE NE'LY ALONG THE ARC OF SAID CURVE & SAID
SE'LY R/W LINE THROUGH A CENTRAL ANGLE OF 03DEG 31MIN 31SEC, AN ARC LENGTH OF 546.29 FT TO THE END OF SAID CURVE, THENCE N 45DEG 00MIN 29SEC E ALONG SAID SE'LY R/W LINE OF CR 48 A DIST OF 453.92 FT FOR POB, CONT N 45DEG 00MIN 29SEC E ALONG SAID SE'LY R/W LINE OF CR 48 A DIST OF 2135.31 FT TO A POINT ON SW'LY R/W LINE OF FLORIDA TURNPIKE, THENCE S 43DEG 02MIN 13SEC E ALONG SAID SW'LY R/W LINE OF FLORIDA TURNPIKE 75 FT, S 00DEG 12MIN 41SEC W 3212.26 FT TO S LINE OF NE 1/4 OF NW
1/4 OF SAID SEC 28-20-24, N 89DEG 47MIN 19SEC W 264.84 FT, N
36DEG 10MIN 52SEC W 2176.02 FT TO POB--LESS THAT PART OF
LAND LYING WITHIN SEC 28-20-24--ORB 2775 PG 2089

FROM INTERSECTION OF SE'LY R/W LINE OF CR 48 WITH SW'LY R/W
LINE OF FLORIDA TURNPIKE RUN S 43DEG 02MIN 113SEC E ALONG
SAID SW'LY R/W LINE OF FLORIDA TURNPIKE 804.75 FT FOR POB,
RUN S 00DEG 12MIN 41SEC W TO S LINE OF SEC, E ALONG SAID S
LINE OF SEC TO SW'LY R/W LINE OF FLORIDA TURNPIKE, NW'LY
ALONG SAID FLORIDA TURNPIKE TO POB ORB 2775 PG 2084

FROM INTERSECTION OF SW'LY R/W LINE OF FLORIDA TURNPIKE WITH N LINE OF NE 1/4 RUN N 89-43-55 W 219.06 FT FOR POB, RUN S
0-14-06 W 1242.70 FT, N 89-44-26 W 1056.48 FT, N 0-12-41 E
TO N LINE OF NE1/4 S89-43-55E TO POB ORB 2775 PG 2084

from County Rural to City Estate Residential and Conservation as shown on Attachment 1, the revised map of said area.

Section 2.   

All ordinances or part of ordinances in conflict with any of the provisions of this ordinance are hereby repealed.

Section 3.

This ordinance shall become effective upon its passage and adoption, according to law. 

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

ATTACHMENT 1