AGENDA MEMORANDUM

MEETING DATE:   June 11, 2007

FROM:                       Laura McElhanon, AICP, Community Development Director

SUBJECT:                  Ordinance for Rezoning for David Janney, Center Hill Farms Inc.

Staff Recommendation: 

The Planning Commission and Planning staff recommends approval of the proposed rezoning for the subject property from County A (Agriculture) to City RE-1 (Estate Residential).

Analysis:

The project site is approximately 136 acres.  The property is generally situated south of CR 48, east of Sumter County Line, 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 of the site is for residential development. The surrounding zoning designations are County A (Agriculture) to the east, south, and north, and County A (Agriculture) and County CFD (Community Facility District) to the west.

The proposed zoning district of City RE-1 (Estate Residential) is compatible with adjacent and nearby properties in the area and with the proposed City future land use designation of City Estate Residential. However, the Annexation Agreement requires rezoning to a Planned Development District by the developer prior to development.

The existing land uses surrounding the property are undeveloped properties.

Development of the parcel shall require expansion of City utilities at the owner’s expense.

By a vote of 7 to 0, the Planning Commission recommended approval

Options:        

1.         Approve the proposed rezoning to City RE-1 (Estate Residential), thereby allowing consistent zoning and development standards for the area.

2.         Other such action as the Commission may deem appropriate.

Fiscal Impact:

There is no fiscal impact to the City.

Submission Date and Time:    6/8/07 10:31 AM____

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 ___________________

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

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, REZONING APPROXIMATELY  136  ACRES GENERALLY LOCATED SOUTH OF CR 48, EAST OF SUMTER COUNTY LINE, LYING IN SECTIONS 17 AND 18, TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM COUNTY A (AGRICULTURE) TO CITY RE-1 (ESTATE RESIDENTIAL); AND PROVIDING AN EFFECTIVE DATE. (JANNEY)

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

Section 1. 

Based upon the petition of A.C. Janney, Center Hill Farms Inc., the owner of the property hereinafter described, 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 said property located in Lake County, Florida, is hereby rezoned from County A (Agriculture) to City RE-1 (Estate Residential), to-wit:

Legal Description

(See Exhibit A)

Section 2.   

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 , 2007.

THE CITY OF LEESBURG

By: _________________________________

            Mayor

ATTEST:

___________________________________ 

City Clerk

EXHIBIT A

Legal Description

CASE #:145-1-090706

PARCEL 736

COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST  1/4 OF SECTION 17, TOWNSHIP 21 SOUTH, RANGE 24 EAST, RUN THENCE SOUTH 00°07'46"  WEST ALONG THE WEST LINE OF SAID SECTION 990.0 FEET TO THE POINT OF BEGINNING;  RUN THENCE SOUTH 89°44'30" EAST PARALLEL TO THE NORTH LINE OF SAID SOUTHWEST  1/4 OF THE NORTHWEST 1/4 230.0 FEET; THENCE SOUTH 0°07'46" WEST 851.76 FEET TO THE  NORTHWESTERLY RIGHT OF WAY LINE OF COUNTY ROAD 2503; THENCE ALONG SAID  RIGHT OF WAY SOUTH 46°59'50" WEST 315.16 FEET TO THE WEST LINE OF SECTION 17,  TOWNSHIP 21 SOUTH, RANGE 24 EAST, RUN THENCE NORTH 00°07'46" EAST ALONG SAID  SECTION LINE 1067.80 FEET TO THE POINT OF BEGINNING.

PARCEL 419

COMMENCE AT THE NORTHWEST CORNER OF THE SOUTH 3/4 OF THE NORTHWEST 1/4 OF  THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 21 SOUTH, RANGE 24 EAST, RUN THENCE  SOUTH 89°46'45" EAST ALONG THE NORTH LINE OF SAID SOUTH 3/4 OF THE NORTHWEST  1/4 OF THE NORTHWEST 1/4 330.0 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE  SOUTH 89°46'45" EAST ALONG SAID LINE 330.0 FEET; THENCE SOUTH 00°07'46" WEST  PARALLEL TO THE WEST LINE OF AFORESAID SECTION 17, TOWNSHIP 21 SOUTH, RANGE 24  EAST, 1305.66 FEET; THENCE SOUTH 87°22'44" WEST 330.38 FEET; THENCE NORTH 00°07'46"  EAST 1322.02 FEET TO THE POINT OF BEGINNING.

PARCEL 971

COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST  1/4 OF SECTION 17, TOWNSHIP 21 SOUTH, RANGE 24 EAST, RUN SOUTH 00°07'46" WEST  ALONG THE WEST LINE OF SAID SECTION 330.0 FEET; THENCE S 89°44'30" E PARALLEL TO  THE NORTH LINE OF SAID SW ¼ OF NW ¼ 330.0 FEET; THENCE N 87°22'44"E 472.63 FEET TO  POINT OF BEGINNING; THENCE CONTINUE N 87°22'44" E 522.65 FEET TO THE EAST LINE OF  SAID SW ¼ OF NW ¼, SAID POINT BEING 1272.66 FEET SOUTH OF THE NE CORNER OF THE S  ¾ OF THE NW ¼ OF THE NW ¼ OF SECTION 17, TOWNSHIP 21 S, RANGE 24 E, THENCE S  0°08'29" W ALONG THE EAST LINE OF SAID SW ¼ OF NW ¼ 690.38 FEET TO THE  NORTHWESTERLY RIGHT-OF-WAY OF COUNTY ROAD 2503, SAID POINT BEING ON A  CURVE CONCAVE TO THE SE AND HAVING A RADIUS OF 648.78 FEET; THENCE ALONG THE  ARC OF SAID CURVE WITH A CHORD OF S 60°20'39" W 194.85 FEET TO THE P.T.; THENCE  CONTINUING ALONG SAID RIGHT-OF-WAY S. 51°42'37" W 450.25 FEET; THENCE N 0°07'46" E  1041.82 FEET TO THE POINT OF BEGINNING. SUBJECT TO AN EASEMENT ACROSS THE N 20 FEET AND THE E 20 FEET THEREOF.

PARCEL 524

THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 21 SOUTH, RANGE  24 EAST, LAKE COUNTY, FLORIDA. BEGIN AT THE NORTHEAST CORNER OF THE  SOUTHEAST 1/4 OF THE NORTHEAST 1/4, RUN WEST TO THE NORTHWEST CORNER OF THE  SOUTHEAST 1/4 OF THE NORTHEAST 1/4, THENCE RUN SOUTH 830.77 FEET; THENCE SOUTH  24°41'00" EAST 134.34 FEET; THENCE SOUTH 62°40'30" EAST 165.92 FEET; THENCE NORTH  89°56'00" EAST 1117.18 FEET TO THE EAST LINE OF SECTION 18; THENCE NORTH ALONG  SAID SECTION LINE TO THE POINT OF BEGINNING.

PARCEL 443

COMMENCE AT THE NW CORNER OF THE SW ¼ OF THE NW ¼ OF SECTION 17, TOWNSHIP  21S, RANGE 24 E, RUN THENCE S 0°7'46" W ALONG WEST LINE OF SAID SECTION A  DISTANCE 330.0 FEET, S89°44'30"E PARALLEL TO THE NORTH LINE OF SW ¼ OF THE NW ¼ A  DISTANCE OF 330.0 FEET TO THE POINT OF BEGINNING, THENCE RUN N87°22'44"E A  DISTANCE OF 330.38 FEET, THENCE S 0°07'46"W A DISTANCE OF 676.59 FEET; THENCE  N89°44'30" W A DISTANCE OF 330.0 FEET, THENCE N 0°7'46" E A DISTANCE OF 660 FEET TO  THE POINT OF BEGINNING.

PARCEL 502

THE EAST 1/2 OF THE SOUTH 3/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, WEST 1/4  OF THE SOUTH 3/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, N 1/4 OF THE  SOUTHWEST 1/4 OF THE NORTHWEST 1/4, LESS THE EAST 1/2 OF THE WEST 1/2.

PARCEL 062

BEGIN AT THE NW CORNER OF THE SW ¼ OF THE NW ¼ OF SECTION 17, TOWNSHIP 21 S,  RANGE 24 E. THENCE RUN S 00°07'46" W ALONG THE WEST LINE OF SAID SECTION, 330.0  FEET TO THE POINT OF BEGINNING; RUN S 89°44'30" E PARALLEL TO THE NORTH LINE OF  THE SW ¼ OF THE NW ¼ A DISTANCE OF 330.0 FEET, THENCE S0°7'46" W A DISTANCE OF  660.0 FEET, THENCE N 89°44'30" W A DISTANCE OF 330.0 FEET TO THE WEST LINE OF SAID  SECTION, RUN N 0°7'46" E A DISTANCE OF 660.0 FEET TO THE POINT OF BEGINNING. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

Less Out the Following (Parcels 435, 655, 427, 370 and 663):

PARCEL 435

THAT PART OF THE EAST 265.0 FEET OF THE WEST 505.0 FEET OF THE SOUTHEAST ¼ OF  THE NORTHWEST ¼ OF SECTION 17, TOWNSHIP 21 SOUTH, RANGE 24 EAST, THAT IS LYING  NORTH OF COUNTY ROAD 2503, LAKE COUNTY, FLORIDA

PARCEL 655

THE EAST 295 FEET OF THE WEST 800 FEET OF THE SE ¼ OF THE NW ¼, LYING NORTH AND  WEST OF COUNTY ROAD, KNOWN AS YOUTH CAMP ROAD, LYING IN SECTION TOWNSHIP  21 S, RANGE 24 E, LAKE COUNTY, FLORIDA.

PARCEL 427

THAT PART OF THE EAST 330.0 FEET OF THE WEST 1130 FEET OF THE SE ¼ OF THE NW ¼ OF  SECTION 17, TOWNSHIP 21 S, RANGE 24 E, THAT IS LYING NORTH OF COUNTY ROAD 2503,  LAKE COUNTY, FLORIDA.

PARCEL 370

BEGIN AT THE NW CORNER OF THE SW ¼ OF THE NE ¼ OF SECTION 17, TOWNSHIP 21 S,  RANGE 24 E, RUN THENCE S 89°38'57" E ALONG THE NORTH LINE OF THE SAID SW ¼ OF  THE NE ¼ 175.80 FEET, THENCE S 0°08'29" W PARALLEL TO THE WEST LINE OF THE SE ¼ OF  THE NW ¼ OF SECTION 17, TOWNSHIP 21 S, RANGE 24 E 557.65' TO THE NORTHERLY RIGHT- OF-WAY OF COUNTY ROAD 2503, THENCE S 63°47'20" W ALONG SAID RIGHT-OF-WAY  105.50', THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S82°25'24" W 277.98' THENCE N  0°08'29" E 642.85 FEET TO THE NORTH LINE OF SE ¼ OF NW ¼ OF SAID SECTION, SAID POINT  BEING 1130.0 FEET EAST OF THE NW CORNER OF SAID SE ¼ OF NW ¼, THENCE S 89°44'30" E  ALONG THE NORTH LINE OF SAID SE ¼ OF NW ¼ 194.20" TO THE POINT OF BEGINNING.

PARCEL 663

COMMENCE AT THE NW CORNER OF THE SW ¼ OF THE NE ¼ OF SECTION 17, TOWNSHIP 21  S, RANGE 24 E, RUN THENCE S89°38'57"E ALONG THE NORTH LINE OF SAID SW ¼ OF NE ¼  175.80' TO THE POINT OF BEGINNING, THENCE CONTINUE S89°38'57"E ALONG SAID 592.25'  TO WESTERLY RIGHT-OF-WAY OF COUNTY ROAD 2503, THENCE S11°35'40"W ALONG SAID  RIGHT-OF-WAY 125.82' TO THE P.C. OF A CURVE CONCAVE TO THE NORTHWEST HAVING A  RADIUS OF 350.0', THENCE TO THE RIGHT ALONG THE ARC OF SAID CURVE WITH A CHORD  OF S37°41'30"W 307.93' TO THE P.T., THENCE CONTINUING ALONG SAID RIGHT-OF-WAY  S63°47'20"W 423.62' THENCE N0°08'29"E PARALLEL TO THE WEST LINE OF SW ¼ OF THE NW  ¼ OF SAID SECTION 17, TOWNSHIP 21S, RANGE 24E A DISTANCE OF 557.65' TO POINT OF  BEGINNING.

PARCEL A:

COMMENCE AT THE NORTH 1/4 CORNER OF SECTION 18, TOWNSHIP 21 SOUTH, RANGE 24  EAST, LAKE COUNTY, FLORIDA; THENCE RUN S89°16'51"E ALONG THE NORTH LINE OF THE  NORTHEAST 1/4 OF SAID SECTION 18, A DISTANCE OF 1322.71 FEET TO THE POINT OF  BEGINNING; THENCE CONTINUE S89°16'51"E, A DISTANCE OF 1322.71 TO THE NORTHWEST  CORNER OF SECTION 17, TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA;  THENCE RUN S00°01'40E ALONG THE WEST LINE OF SAID SECTION 17, A DISTANCE OF  330.61 FEET TO THE NORTHWEST CORNER OF THE SOUTH 3/4 OF THE NORTHWEST 1/4 OF  THE NORTHWEST 1/4 OF SAID SECTION 17; THENCE RUN S89°55'15"E ALONG THE NORTH  LINE OF SAID SOUTH 3/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, A DISTANCE OF  1323.52 FEET TO THE NORTHEAST CORNER OF SAID SOUTH 3/4 OF THE NORTHWEST 1/4 OF  THE NORTHWEST 1/4; THENCE RUN S00°04'04"E ALONG THE EAST LINE OF THE  NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 17, A DISTANCE OF 992.33 FEET  TO THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID  SECTION 17; THENCE RUN S00°04'04"E ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF  THE NORTHWEST 1/4 OF SAID SECTION 17, A DISTANCE OF 970.05 FEET TO THE  NORTHWESTERLY RIGHT-OF-WAY LINE OF YOUTH CAMP ROAD (COUNTY ROAD #2503),  SAID POINT BEING ON A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF  648.78 FEET; THENCE RUN ALONG SAID RIGHT-OF-WAY LINE AND THE ARC OF SAID  CURVE THROUGH A CENTRAL ANGLE OF 17°21'20" A DISTANCE OF 196.52 FEET TO A POINT  OF TANGENT; THENCE RUN S51°33'42"W, A DISTANCE OF 450.27 FEET; THENCE LEAVING  SAID RIGHT-OF-WAY LINE RUN N00°01'40"W, A DISTANCE OF 1041.82 FEET; THENCE RUN  S87°13'18"W, A DISTANCE OF 142.55 FEET; THENCE RUN S00°01'40"E, A DISTANCE OF 676.50  FEET; THENCE RUN N89°54'26"W, A DISTANCE OF 430.00 FEET; THENCE RUN S00°01'40"E, A  DISTANCE OF 851.86 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF YOUTH  CAMP ROAD (COUNTY ROAD #2503); THENCE RUN S46°50'17"W ALONG SAID RIGHT-OF- WAY LINE, A DISTANCE OF 315.17 TO THE WEST LINE OF SAID SECTION 17; THENCE RUN  N00°01'40"W ALONG SAID WEST LINE, A DISTANCE OF 1044.70 FEET; THENCE RUN  S89°46'34"W, A DISTANCE OF 1116.84 FEET; THENCE RUN N62°49'56"W, A DISTANCE OF  165.92 FEET; THENCE RUN N24°50'26"W, A DISTANCE OF 134.34 FEET TO THE WEST LINE OF  THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 21 SOUTH, RANGE  24 EAST, LAKE COUNTY, FLORIDA; THENCE RUN N00°04'33"W ALONG THE WEST LINE OF  THE SOUTHEAST 1/4 AND THE NORTH EAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION  18, A DISTANCE OF 2158.86 FEET TO THE POINT OF BEGINNING

CONTAINING 135.834 ACRES, MORE OR LESS.

Less Out All of Parcel B:

PARCEL B:

COMMENCE AT THE NORTH 1/4 CORNER OF SECTION 18, TOWNSHIP 21 SOUTH, RANGE 24  EAST, LAKE COUNTY, FLORIDA; THENCE RUN S89°16'51"E ALONG THE NORTH LINE OF THE  NORTHEAST 1/4 OF SAID SECTION 18, A DISTANCE OF 2645.42 TO THE NORTHWEST  CORNER OF SECTION 17, TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA;  THENCE RUN S00°01'40E ALONG THE WEST LINE OF SAID SECTION 17, A DISTANCE OF  330.61 FEET TO THE NORTHWEST CORNER OF THE SOUTH 3/4 OF THE NORTHWEST 1/4 OF  THE NORTHWEST 1/4 OF SAID SECTION 17; THENCE RUN S89°55'15"E ALONG THE NORTH  LINE OF SAID SOUTH 3/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, A DISTANCE OF  1323.52 FEET TO THE NORTHEAST CORNER OF SAID SOUTH 3/4 OF THE NORTHWEST 1/4 OF  THE NORTHWEST 1/4; THENCE RUN S00°04'04"E ALONG THE EAST LINE OF THE  NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 17, A DISTANCE OF 992.33 FEET  TO THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID  SECTION 17; THENCE RUN S89°53'56"E ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4 OF  THE NORTHWEST 1/4, A DISTANCE OF 240.00 FEET TO THE POINT OF BEGINNING; THENCE  CONTINUE S89°53'56"E, A DISTANCE OF 1084.21 FEET TO THE NORTHWEST CORNER OF THE  SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 17; THENCE RUN S89°48'23"E  ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID  SECTION 17, A DISTANCE OF 768.05 FEET TO THE WEST RIGHT-OF-WAY LINE OF YOUTH  CAMP ROAD (COUNTY ROAD #2503); THENCE RUN S11°26'14"W ALONG SAID RIGHT-OF- WAY LINE, A DISTANCE OF 125.82 FEET TO A POINT OF CURVE CONCAVE  NORTHWESTERLY HAVING A RADIUS OF 350.00 FEET; THENCE RUN ALONG THE ARC OF  SAID CURVE THROUGH CENTRAL ANGLE OF 52°11'40", A DISTANCE OF 318.84 FEET TO THE  POINT OF TANGENT; THENCE RUN S63°37'55"W, A DISTANCE OF 529.11 FEET; THENCE RUN  S82°15'58"W, A DISTANCE OF 594.79 FEET; THENCE RUN S70°54'24"W, A DISTANCE OF 608.70  FEET TO A POINT 240.00 EAST OF THE E LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST  1/4 OF SAID SECTION 17; THENCE LEAVING SAID RIGHT-OF-WAY LINE RUN N00°04'04"W, A  DISTANCE OF 886.16 FEET TO THE POINT OF BEGINNING.

CONTAINING 25.684 ACRES, MORE OR LESS.

Alternate Key Numbers: 1297524, 1775736, 1505062, 1297419, 1297443, 3448502, 1741971, 1297435, 2566655, 1297427, 2566370 and 2566663