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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.
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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.
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