AGENDA MEMORANDUM

 

 

MEETING DATE:   June 11, 2007

 

FROM:                       Laura McElhanon, AICP, Community Development Director

 

SUBJECT:                  Ordinance for Rezoning for Battaglia Fruit Co.

 

 

Staff Recommendation: 

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

 

Analysis:

The project site is approximately 285 acres.  The property is generally situated east of CR 33, south of the Turnpike, as shown on the attached General Location Map. The present zoning for this property is County A (Agriculture) and R-1 (Residential). The property is currently undeveloped and the proposed use of the site is for residential development. The surrounding zoning designations are County A (Agriculture) to the east, south, north and west, and City PUD (Planned Unit Development) to the east.

 

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 and single family residential.

         

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 285 ACRES GENERALLY LOCATED EAST OF CR 33, SOUTH OF THE TURNPIKE, LYING IN SECTIONS 34 AND 35, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM COUNTY A (AGRICULTURE) AND R-1 (RESIDENTIAL) TO CITY RE-1 (ESTATE RESIDENTIAL); AND PROVIDING AN EFFECTIVE DATE (BATTAGLIA).

 

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

 

Section 1

 

Based upon the petition of W.P. Battaglia, 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) and R-1 (Residential) 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 #:  155A-4-090706                                                                                                           

 

Battaglia legal description:

 

PARCEL 1

That part of the South ½ of the South 1/2, Section 35, Township 20 South, Range 24 East, lying West of the right-of-way of the Sunshine State Parkway, Lake County, Florida.

LESS, from the South ¼ of Section 35, Township 20 South, Range 24 East, run South 89o35’00” West along the South line of said Section 35, 37.65 feet; thence North 18o16’30” West for 497.41 feet; to the point of beginning, run thence South 83o11’00” East for 300 feet; thence North 06o49’ East for 274.59 feet to a point on the southwesterly right-of-way of Sunshine State Parkway; run thence North 43o58’ West along said right-of-way for 516.25 feet; thence South 06o49’ West for 600.94 feet; thence South 83o11’00” East for 100 feet to the point of beginning.

(Alt Key #1035481)

 

And

 

PARCEL 2

That part of the Northwest ¼ of the Southeast ¼ lying East of the right-of-way of SR #33, LESS the right-of-way over the North 15 feet; and South ½ of the Southeast ¼, LESS right-of-way of SR #33 and LESS right-of-way over the South 15 feet of that part of the Southwest ¼ of the Southeast ¼ lying West of Highway #33, all in Section 34, Township 20 South, Range 24 East, Lake County, Florida.

(Alt Key #1775302)

 

Less and except the following described property:

Commence at the South ¼ corner of Section 34, Township 20 South, Range 24 East, Lake County, Florida; thence run North 00o03’05” West along the East line of the Southwest ¼ of said Section 34 for a distance of 150.00 feet to the POINT OF BEGINNING; thence continue North 00o03’05” West along said East line for a distance of 1173.71 feet to the North line of the South ½ of the Southeast ¼ of said Section 34; thence leaving said East line run North 89o58’56” East along said North line for a distance of 263.06 feet to the West right-of-way line of County Road No. 33; being 50.00 feet West of, when measured perpendicular to the centerline of County Road No. 33; thence run South 03o49’01” East along said West right-of-way line for a distance of 1176.85 feet; thence leaving said West right-of-way line run North 89o55’28” West for distance of 340.35 feet to the POINT OF BEGINNING.

 

And

 

North ½ of Southwest ¼ lying West of Palatlakaha Creek, Section 35, Township 20 South, Range 24 East, Lake County, Florida, and South ½ of South ½ of Northwest ¼ lying West of Palatlakaha Creek, in Section 35, Township 20 South, Range 24 East.

                                    (Alt Key #1035473)

 

LESS: That portion conveyed by Warranty Deed recorded in Official Records Book 212, page 415, Public Records of Lake county to the Florida State Turnpike Authority.

 

And

 

The Northeast ¼ of the Southeast ¼ of Section 34, Township 20 South, Range 24 East, LESS the North 15 feet thereof, Lake County, Florida.

                                    (Alt Key #1035465)

 

TOGETHER WITH a right-of-way easement for ingress and egress over the North 15 feet of the Northeast ¼ of the Southeast ¼ and the North 15 feet of that part of the Northwest ¼ of the Southeast ¼ lying East of State Road No. 33, all in Section 34, Township 20 South, Range 24 East, Lake County, Florida.

 

Alternate Key Numbers: 1775302, 1035465, 1035481 & 1035473