AGENDA MEMORANDUM

 

 

MEETING DATE:   June 11, 2007

 

FROM:                       Laura McElhanon, AICP, Community Development Director

 

SUBJECT:                  Ordinance for Rezoning for Jerl, John, Merritt, et al

 

 

Staff Recommendation: 

The Planning staff recommends approval of the proposed rezoning for the subject property from County A (Agriculture) to City RE-1 (Estate Residential). The applicant requested rezoning to R1-A. The Planning Commission will be holding a hearing on this matter on June 7, 2007.

 

Analysis:

The project site is approximately 827 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, 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.

         

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

 

Options:        

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

2.         Approve the proposed rezoning to City R-1A (Single Family Residential, as requested by the applicant.

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

 

Staff has provided an ordinance for the RE-1 zoning and the R-1A zoning.

 

Fiscal Impact:

There is no fiscal impact to the City.

 

 


Submission Date and Time:   
7/19/07 10:50 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 827 ACRES GENERALLY LOCATED SOUTH OF CR 48, EAST OF SUMTER COUNTY LINE, LYING IN SECTIONS 7, AND 8, TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM COUNTY A (AGRICULTURE) TO CITY R-1A (SINGLE FAMILY RESIDENTIAL); AND PROVIDING AN EFFECTIVE DATE. (MERRITT)

 

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

 

Section 1

 

Based upon the petition of Jeri D., John C. and Terrance B. Merritt, the owners 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 R-1A (Single Family 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

 

 

 

 

 

 

 

 

 


 

ORDINANCE NO. ______

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, REZONING APPROXIMATELY 827 ACRES GENERALLY LOCATED SOUTH OF CR 48, EAST OF SUMTER COUNTY LINE, LYING IN SECTIONS 7, AND 8, TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM COUNTY A (AGRICULTURE) TO CITY RE-1 (ESTATE RESIDENTIAL); AND PROVIDING AN EFFECTIVE DATE. (MERRITT)

 

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

 

Section 1

 

Based upon the petition of Jeri D., John C. and Terrance B. Merritt, the owners 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 #:  146A-4-090706

 

TRACT A

Parcel:

1. The Southeast One-Quarter (SE1/4) of the Northeast One-Quarter (NE1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

 

2. The Southwest One- Quarter (SW1/4) of the Northwest One-Quarter (NW1/4) of Section 8, Township 21 South, Range 24 East, Lake County, Florida.

 

3. The S 1 / 2 of the SE 1 / 4 of the NW 1 / 4 of Section 8, Township 21 South, Range 24 East, Lake County, Florida.

 

4. The North One-Half (N1/2) of the Southeast One-Quarter (SE1/4) of the Northwest One-Quarter (NW1/4) of Section 8, Township 21 South, Range 24 East, Lake County, Florida.

 

5. The Northeast One-Quarter (NE1/4) of the Northwest One-Quarter (NW1/4) of Section 8, Township 21 South, Range 24 East, Lake County, Florida.

 

Less and Except the following described tract:

 

Begin at the Southwest corner of the Northwest Quarter of the Northeast Quarter of Section 8, Township 21 South, Range 24 East, Lake County, Florida, run South 89 degrees 06 minutes 40 seconds West along the South line of the Northeast Quarter of the Northwest Quarter of Section 8 for 22.02 feet; thence North 75 degrees 19 minutes 10 seconds West for 320.79 feet; thence North 0 degrees 52 minutes 55 seconds West for 576.86 feet; thence North 89 degrees 04 minutes 35 seconds East for 331.02 feet; thence North 89 degrees 11 minutes 38 seconds East for 785.31 feet to a point located 25 feet from the centerline of a county road and a point hereby designated as Point “A”. Return to POINT OF BEGINNING and run North 89 degrees 11 minutes 22 seconds East for 878.44 feet to a point located 25 feet from the centerline of a county road; thence North 05 degrees 54 minutes 42 seconds East, along said county road for 201.20 feet to the P.C. of a curve concave to the West and having a radius of 667.64 feet; run thence along said cure 489 feet, more or less to intersect the aforementioned Point “A”.

 

6. The Southwest One-Quarter (SW1/4) of the Southwest One-Quarter (SW1/4) of the Northeast One-Quarter (NE1/4) of Section 8, Township 21 South, Range 24 East, Lake County, Florida.

 

7. The NW1/4 of the SW1/4 of the NE1/4 of Section 8, Township 21, Range 24 East, Lake County, Florida.

 

8. Begin at the Southwest corner of the Northwest Quarter of the Northeast Quarter of Section 8, Township 21 South, Range 24 East, Lake County, Florida, run South 89 degrees 06 minutes 40 seconds West along the South line of the Northeast Quarter of the Northwest Quarter of Section 8 for 22.02 feet; thence North 75 degrees 19 minutes 10 seconds West for 320.79 feet; thence North 0 degrees 52 minutes 55 seconds West for 576.86 feet; thence North 89 degrees 04 minutes 35 seconds East for 331.02 feet; thence North 89 degrees 11 minutes 22 seconds East for 878.44 feet to a point located 25 feet from the centerline of a county road; thence North 05 degrees 54 minutes 42 seconds East, along said county road for 201.20 feet to the P.C. of a cure concave to the West and having a radius of 567.64 feet; run thence along said curve 489 feet, more or less, to intersect the aforementioned Point “A”.

 

AND

 

All that portion of the Northeast One-Quarter (NE1/4) of the Northwest One-Quarter (NM1/4) of the Northeast One-Quarter  (NE1/4 lying West and South of the Austin Merritt Road, in Section 8, Township 21 South, range 24 East, Lake County, Florida.

 

9. Begin at the NW corner of the E1/2 of the SW1/4 of the NE1/4, run East 208 feet more or less to the Western boundary of the Austin Merritt Road, run SW along the Western Boundary of the Austin Merritt Road to the southern boundary of the E1/2 of the SW1/4 of the NE1/4 run west 125 feet more or less to the SW corner of the E1/2 of the SW1/4 of the NE1/4, run North to the Point of  Beginning, Section 8, Township 21 South, Range 24 East, Lake County, Florida.

 

10. The East One-Half (E1/2) of the Southwest One-Quarter (SW1/4) of the Northeast One-Quarter (NE1/4) lying East of Austin Merritt Road, in Section 8, Township 21 South, Range 24 East, Lake County, Florida.

 

AND

 

The Southeast One-Quarter (SE1/4) of the Northwest One-Quarter (NW1/4 of the Northeast One-Quarter (NE1/4) lying East of Austin Merritt Road, in Section 8, Township 21 South, Range 24 East, Lake County, Florida.

 

11. The Southeast One-Quarter (SE1/4) of the Northeast One-Quarter (NE1/4) of Section 8, Township 21 South, Range 24 East, Lake County, Florida.

 

12. The Northeast One-Quarter (NE1/4) of the Northeast One-Quarter (NE1/4) of Section 8, Township 21 South, Range 24 East, Lake County, Florida.

 

CONTAINING 300.685 ACRES, MORE OR LESS.

 

 

TRACT B LESS B1 and B2

 

 Parcel:

 

1. The Southwest One-Quarter (SW1/4) of the Southwest One-Quarter (SW1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

 

2. The Northwest One-Quarter (NW1/4) of the Southwest One-Quarter (SW1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida, Less the North 1 / 2 thereof.

 

3. The Northwest One-Quarter (NW1/4) of the Northwest One-Quarter (NW1/4) lying South of County Road 48; AND the North One-Half (N1/2) of the Southwest One-Quarter (SW1/4) of the Northwest One-Quarter (NW1/4), all being in Section 7, Township 21 South, Range 24 East, Lake County, Florida.

 

4. The Southeast One-Quarter (SE1/4) of the Southwest (SW1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

 

5. The Northeast One-Quarter (NE1/4) of the Southwest One-Quarter (SW1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

 

6. The North One-Half (N1/2) of the Southwest One-Quarter (SW1/4) of the Northeast One-Quarter (NE1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

 

AND

 

The South One-Half (S1/2) of the Southeast One-Quarter (SE1/4) of the Northwest One-Quarter (NW1/4); AND the Northeast One-Quarter (NE1/4) of the (SE1/4) of the (NW1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

 

7. The Northeast One-Quarter (NE1/4) of the Northwest One-Quarter (NW1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

 

8. The West One-Half (W1/2) of the Southwest One-Quarter (SW1/4) of the Southeast One-Quarter (SE1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

 

9. The East One-Half (E1/2) of the Southwest One-Quarter (SW1/4) of the Southeast One-Quarter (SE1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

 

10. The Northwest One-Quarter (NW1/4) of the Southeast One-Quarter (SE1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

 

11. The Northwest One-Quarter (NW1/4) of the Southeast One-Quarter (SE1/4) of the Northwest One-Quarter (NW1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

 

AND

 

The South One-Half (S1/2) of the Southwest (SW1/4 of the (NE1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida

 

LESS AND EXCEPT FROM PARCELS 3, 6 & 7 AND 11, THE FOLLOWING PARCELS:

 

Begin 1543.84 feet South, 1815 feet East from Northwest corner of Section 7, Township 21 South, Range 24 East, thence South  380.20 feet, thence East 80 feet, thence North 380.20 feet, thence West 80 feet to the POINT OF BEGINNING.

 

Begin 1325.09 feet South and 1155 feet East from Northwest corner of Section 7, Township 21 South, Range 24 East, run East 430 feet, North 475.6 feet, South 73 degrees 07 minutes West 366.50 feet. South 43 degrees 24 minutes West 408.16 feet, South 2 degrees 05 minutes West 421.30 feet, North 88 degrees 50 minutes East 216.30 feet, thence North 344.31 feet to POINT OF BEGINNING.

 

Commence 1325.09 feet South and 1155 feet East of Northwest corner of Section 7, Township 21 South, Range 24 East, thence South 344.31 feet, thence South 88 degrees 50 minutes West 216.3 feet to POINT OF BEGINNING, THENCE North 0 degrees 25 minutes 51 seconds East 407.82 feet, thence North 43 degrees 24 minutes East 18.18 feet: thence South 2 degrees 05 minutes West 421.3 feet to POINT OF BEGINNING.

 

CONTAINING 316.75 ACRES, MORE OR LESS.

 

LESS AND EXCEPT THE FOLLOWING:

 

From the Northwest corner of Section 7, Township 21 South, Range 24 East, Lake County, Florida, run South along the West section line for 1,325.09 to the Northwest corner of the Southwest Quarter (SW ¼) of the Northwest Quarter (NW ¼) of said section, thence run East 1,155 feet to the POINT OF BEGINNING, thence run east 660 feet, thence run South to intersect the South line of the North Half (N ½) of the South Half (S ½) of the Northwest (NW ¼) of said section, thence run West 660 feet along said South line of the North Half (N ½) of the South Half (S ½) of the Northwest Quarter thence run North to intersect the POINT OF BEGINNING.

 

 

Tract C

Parcel;

1. The Southeast One-Quarter (SE1/4) of the Southeast One-Quarter (SE1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

 

      Less The South Half (S1/2) of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4)  of Section 7, Township 21 South, Range 24 East Lake County, Florida.

 

2. The South One-Half (S1/2) of the Northeast One-Quarter (NE1/4) of the Southeast One-Quarter (SE1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

 

3. The North One-Half (N1/2) of the Northeast One-Quarter (NE1/4) of the Southeast One-Quarter (SE1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

 

4. The South ½ of the South ½ of the SW ¼ of the SW ¼, Section 8, Township 21 South, Range 24 East, Lake County, Florida.

 

Less:  The West Three Fourths (West ¾) of the South Half (S1/2) of the South Half (s1/2) of the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of Section 8, Township 21 South, Range 24 East, Lake County, Florida.

 

5. The N1/2 of the S1/2 of the SW1/4 of the SW ¼ , Section 8, Township 21 South, Range 24 East, Lake County, Florida.

 

6. The N1/2 of the SW1/4 of the SW1/4, less the NE1/4 of the NE1/4 of the SW1/4 of the SW1/4, and the SW1/4 of the NW1/4 of the SE1/4 of the SW1/4, Section 08, Township 21 south, Range 24 East, Lake County Florida.

 

  1. The South One-Half (S1/2) of the Northwest One-Quarter (NW1/4)

of the Southwest One-Quarter(SW1/4) of Section 8, township 21 South, Range 24 East, Lake County, Florida.

 

8. The North One-Half (N1/2) of the Northwest One-Quarter (NW1/4)of the Southwest One-Quarter (SW1/4) of Section 8, Township 21 South, Range 24 East, Lake County, Florida.

 

9. The West One-half (W1/2) of the Northeast One-Quarter (NE1/4) of the Southwest One-Quarter (SW1/4) of Section 8, Township 21 South, range 24 East, Lake County, Florida.

 

10. The East One-Half (E1/2) of the Northeast One-Quarter (NE1/4) of the Southwest One-Quarter(SW1/4) of Section 8, Township 21 South, Range 24 East, Lake County, Florida.

 

AND ALSO

 

That part of the South One-Half (S1/2) of the South One-Half (S1/2) of the Northwest One Quarter (NW1/4) of the Southeast One-Quarter (SE1/4) lying West of the Austin Merritt Road, being in Section 8, Township 21 South, Range 24 East, Lake County, Florida.

 

11. That part of the North One-Half (N1/2) of the Northwest One-Quarter (NW1/4) of the Southeast One –Quarter (SE1/4) lying West of the Austin-Merritt Road, being in Section 8, Township 21 South, Range 24 East, Lake County, Florida.

 

AND ALSO

 

That part of the North One-Half (N1/2) of the South One-Half (S1/2) of the Northwest One-Quarter (NW1/4) of the Southeast One-Quarter (SE1/4) lying West of the Austin Merritt Road, being in Section 8, Township 21 South, Range 24 East, Lake County, Florida.

 

12. The Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4).

 

AND ALSO;

 

The Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of the Southeast Quarter (SE1/4) of the Southwest Quarter SW1/4).

 

Being in Section 8, Township 21 South, Range 24 East, Lake County, Florida.

 

13. The N1/2 of the N1/2 of the NW1/4 of the NW1/4 Section 17, Township 21 South, Range 24 East, Lake County, Florida.

 

LESS:

 

The West Three Fourths (W3/4) of the North Half (N1/2) of the North Half (N1/2) of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section 17, township 21 South , Range 24 East, Lake County, Florida.

 

CONTAINING 214.234 ACRES, MORE OR LESS. 

                                                                                                               

 

Alternate Key Numbers: 

 

3616235                      3808632                      1775493                      3765443                      1065895                      3778923                                              1088348                      3613406                        1111340                                              1038421                      3501225                      3613431                                              3689631                      3626079                      3613457                                                3613449                      3432801                      3689640                                              3501241                      3595581                      3689658                                              3767527                      2500697                      3432797                                              3689674                        3781105                      3613465                                              3613473                      3613481                      3767519                                              1297010                      1297028