AGENDA MEMORANDUM

 

 

MEETING DATE: June 11, 2007

 

FROM: Laura McElhanon, AICP, Community Development Director

 

SUBJECT: Ordinance for annexation for Musso-Spence property

 

 

Staff Recommendation

The Planning staff recommends approval of the proposed annexation for the Musso-Spence property.

 

Analysis

The property owner submitted an application for annexation of approximately 20 acres of land generally located south of Park Holland Road, east of Picciola Road, as shown on the attached General Location Map. The present zoning for this property is County R-1 (Residential). Currently, the property is undeveloped and the proposed use would be residential.

 

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 not be annexed at this time because adjacent property is developed residentially and the adjacent property is larger than allowed by the State Statute to be annexed involuntarily.

Police and fire services are presently provided in this area and impacts on the provision of these services are estimated to be minimal.

 

Also on the June 11, 2007 agenda is the first reading of an ordinance to rezone this property to Planned Unit Development (PUD).

 

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 ($-185). Beginning in the 2nd year, the City will begin to realize a positive impact from the collection of property taxes.

 

Submission Date and Time: 6/20/2007 4:19 PM____

 

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 OF THE CITY OF LEESBURG, FLORIDA, ANNEXING CERTAIN REAL PROPERTY CONSISTING OF APPROXIMATELY 20 ACRES AND BEING GENERALLY LOCATED SOUTH OF PARK HOLLAND ROAD, EAST OF PICCIOLA ROAD, LYING IN SECTION 14, TOWNSHIP 19 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 1; AND PROVIDING AN EFFECTIVE DATE (MUSSO-SPENCE).

 

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

 

Section 1.

 

Based upon the petition of Sally Musso, Trustee, the trustee of the property hereinafter described, which is contiguous to the existing city limits of the City of Leesburg, Florida, that the property hereinafter described be annexed to the city limits of the City of Leesburg, Florida, 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 hereinafter described property is hereby annexed and made a part of the city limits of the City of Leesburg, Florida. The subject property lying and situate in Lake County, Florida, is more particularly described as:

 

Legal Description

(See Exhibit A)

 

Alternate Key Numbers: 1289459 and 1772109

 

 

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 __________________, 2007.

 

THE CITY OF LEESBURG

 

By:_________________________________

Mayor

ATTEST:

 

___________________________________

City Clerk

 


EXHIBIT A

 

Legal Description

 

From the Northwest corner of Government Lot 2, in Section 14, Township 19 South, range 24 East, run South along the West line of said Section for 20 feet; run thence East parallel to the North line of said Government Lot 2 for 381.0 feet for the Point of Beginning. From said Point of Beginning run South parallel to West line of said Section for 251.5 feet, thence turn an angle to the West of 894650 and run 381.0 feet to the West line of said Section, run thence South along said West Section line for 1068 feet, more or less, to the South line of Government Lot 2, run thence East along said South line for 775 feet, run thence North, parallel to West line of said Section for 1320 feet, more or less, to a point that is 374 feet East of the Point of Beginning. Run thence West 374 feet to the Point of Beginning. Less the East 160 feet of the West 705 feet of the North 220 feet of said Government Lot 2.

 

And

 

The East 324 feet of the West 755 feet of the North 251.5 feet of the Southwest of the Northwest , Less the East 160 feet of the West 705 feet of the North 251.5 feet.

 

Less:

 

The South 72.5 feet of the East 160 feet of the West 705 feet of the North 292.5 feet of Government Lot 2, in Section 14, Township 19 South, Range 24 East, Lake County, Florida.

 

Alt keys 1289459 and 1772109