AGENDA MEMORANDUM

 

 

MEETING DATE:   August 13, 2007         

 

FROM:                       Laura McElhanon, AICP, Community Development Director

 

SUBJECT:                  Ordinance for annexation for ECP Development, Inc. (Windy Oaks)

                                    property

 

 

Staff Recommendation

The Planning staff recommends approval of the proposed annexation for the ECP Development, Inc. (Windy Oaks) property.

 

Analysis

The property owner submitted an application for annexation of approximately .1 acres of land generally located north of C.R. 48, west of C.R. 33 in the vicinity of South Quarter’s Road, as shown on the attached General Location Map. The present zoning for this property is County RP (Residential Professional). Currently, the property is undeveloped and the proposed use is open space for the existing PUD (Planned Unit Development).

 

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 August 13, 2007 agenda is the first reading of an ordinance to rezone this property as part of the existing Planned Unit Development (PUD). The Annexation Agreement includes the acreage of the original annexation plus this .1 acres.

 

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:

This property falls below the minimum size established by the City Commission to require a Fiscal Impact Analysis (less than 4 units for residential).

 

Submission Date and Time:    8/24/2007 5:26 PM8/8/2007 10:22 AM____

 

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 .1 ACRES AND BEING GENERALLY LOCATED NORTH OF C.R. 48, WEST OF C.R. 33 IN THE VICINITY OF SOUTH QUARTER’S ROAD, LYING IN SECTION 22, TOWNSHIP 20 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 3; AND PROVIDING AN EFFECTIVE DATE (ECP DEVELOPMENT, INC. / WINDY OAKS).

 

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

 

Section 1

 

Based upon the petition of ECP Development, Inc. (Windy Oaks) for 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 Number: 1296196

 

 

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 3.

 

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

 

 

 

 

Parcel No. 2:

That part of the Northwest 1/4 of Section 22, Township 20 South, Range 24 East, Lake County, Florida, described as follows: From the Southwest corner of Section 15, Township 20 South, Range 24 East, Lake County, Florida, run thence South 00 degrees 04'33" West along the West line of said Section 22 a distance of 95.51 feet to a point on the Southeasterly right of way line of the Atlantic Coast Line Railroad, said point being 60.00 feet from, when measured at right angles to, the centerline of said Railroad, said point also being the point of beginning of this description. From said point of beginning run North 44 degrees 49'21" East along said right of way line, parallel with and 60.00 feet from, when measured at right angles to, the centerline of said Railroad, a distance of 134.58 feet to a point on the South line of the Southwest 1/4 of said Section 15; thence run North 89 degrees 58'03" West along the South line of the Southwest 1/4 of said Section 15, a distance of 42.27 feet to a point on the Southeasterly right of way line of said Railroad, said point being 30.00 feet from, when measured at right angles to, the center line of said Railroad. Said point also being South 89 degrees 58'03" East, measured along the South line of the Southwest 1/4 of said Section 15, a distance of 52.47 feet from the Southwest corner of said Section 15; from said point run thence South 44 degrees 49'21" West, 30.00 feet from, when measured at right angles to, the centerline of said Railroad to a point on the West line of Northwest 1/4 of said Section 22, said point being 47.755 feet South 00 degrees 04'33" West of the Northwest corner of the Northwest 1/4 of said Section 22; thence run South 00 degrees 04'33" West along the West line of the said Northwest 1/4, a distance of 47.755 feet to the point of beginning.