AGENDA MEMORANDUM

 

 

MEETING DATE:   June 11, 2007

 

FROM:                       Laura McElhanon, AICP, Community Development Director

 

SUBJECT:                  Ordinance for Rezoning for Highland Cassidy, LLC (Waterfront Estates)

 

 

Staff Recommendation: 

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

 

Analysis:

The project site is approximately 144 acres.  The property is generally situated south of Orchard Drive, west of US 27/CR 25, east of Turnpike, as shown on the attached General Location Map. The present zoning for this property is County A (Agriculture) and PUD (Planned Unit Development). Currently, the property has the eastern portion under development for single family residential and the western portion is undeveloped. The proposed use of the site is for residential development. The surrounding zoning designations are County A (Agriculture) to the east, south, and west, and County A (Agriculture) and County PUD (Planned Unit Development) to the north.

 

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 uses.

         

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

 

By a vote of 6 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:    8/24/07 5:26 PM____

 

 

 

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 144 ACRES GENERALLY LOCATED SOUTH OF ORCHARD DRIVE, WEST OF US 27/CR 25, EAST OF THE FLORIDA (RONALD REAGAN) TURNPIKE, LYING IN SECTION 1, TOWNSHIP 21 SOUTH, RANGE 24 EAST, AND SECTION 36, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM COUNTY A (AGRICULTURE) AND  PUD (PLANNED UNIT DEVELOPMENT) TO CITY RE-1 (ESTATE RESIDENTIAL); AND PROVIDING AN EFFECTIVE DATE (WATERFRONT ESTATES).

 

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

 

Section 1

 

Based upon the petition of Highland Cassidy, LLC (Waterfront Estates), 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 PUD (Planned Unit Development) to City RE-1 (Estate Residential)., to-wit:

 

Legal Description

(See Exhibit A)

 

Alternate Key Numbers: 1035538, 1035571 and 1035520

 

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

 

 

 

 

 

 

 

 

 

CASE NO: 124-1-090706

 

Exhibit A

LEGAL DESCRIPTION

 

THE NORTH ½ OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 1, AND THAT PART OF THE NORTH ½ OF THE NORTHEAST 1/4 OF SECTION 2, LYING EAST OF THE EAST RIGHT-OF-WAY OF THE SUNSHINE STATE PARKWAY (FLORIDA TURNPIKE), ALL LYING AND BEING IN TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA.

 

AND

 

THE NW 1/4 OF THE NE 1/4; THE NE 1/4 OF THE NW 1/4; THE NORTH 100 FEET OF THE SW 1/4 OF THE NE 1/4; AND THE NORTH 100 FEET OF THE SE 1/4 OF THE NW 1/4; ALL LYING AND BEING IN SECTION 1, TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA.

 

AND

 

THAT PORTION OF THE NORTH 51 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA LYING WEST OF U.S. HIGHWAY NO. 27.

TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER UPON AND ACROSS THAT PART OF THE SOUTH 20 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LYING WEST OF US HIGHWAY 27; AND, OVER UPON AND ACROSS THE EAST 25 FEET OF THE SOUTH 20 FEET OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA.

 

ALSO DESCRIBED AS:

 

THE NORTHWEST 1/4 OF THE NORTHEAST 1/4; THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, THE NORTH 100 FEET OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, AND THE NORTH 100 FEET OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, AND THAT PORTION OF THE NORTH 51 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4, LYING WEST OF U.S. HIGHWAY NO. 27, ALL LYING AND BEING IN SECTION 1, TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA.  DESCRIBED AS FOLLOWS, BEGIN AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 1, TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; RUN THENCE SOUTH 89°12'10" EAST, SAID BEARING BEING RELATED TO THE FLORIDA GRID SYSTEM EAST ZONE, ALONG THE NORTH BOUNDARY OF THE NORTHEAST 1/4 OF SAID SECTION 1, SAID BOUNDARY ALSO BEING THE SOUTH BOUNDARY OF PLANTATION AT LEESBURG RIVERSIDE VILLAGE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 51, PAGES 56 THROUGH 58, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND THE SOUTH BOUNDARY OF PLANTATION AT LEESBURG BRAMPTON VILLAGE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 52, PAGES 26 AND 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, A DISTANCE OF 1939.65 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 27; FORM SAID POINT, RUN THENCE SOUTH 09°40'36" EAST 51.88 FEET ALONG SAID RIGHT-OF-WAY LINE; DEPARTING SAID RIGHT-OF-WAY LINE, RUN THENCE NORTH 89°12'10" WEST PARALLEL WITH THE NORTH BOUNDARY OF THE NORTHEAST 1/4 OF SAID SECTION 1, A DISTANCE OF 624.07 FEET TO A POINT ON THE EAST BOUNDARY OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 1; FROM SAID POINT, RUN THENCE SOUTH 00°39'54" WEST 1354.36 FEET ALONG THE EAST BOUNDARY OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 1, AND THE EAST BOUNDARY OF THE NORTH 100 FEET OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 1; THENCE NORTH 89°14'01" WEST 1324.34 FEET ALONG THE SOUTH BOUNDARY OF THE NORTH 100 FEET OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 1;THENCE NORTH 89°13'29" WEST 1322.94 FEET ALONG THE SOUTH BOUNDARY OF THE NORTH 100 FEET OF THE SOUTHEAST 1/4 OF NORTHWEST 1/4 OF SAID SECTION 1; THENCE NORTH 00°38'29" EAST 1406.99 FEET ALONG THE WEST BOUNDARY OF THE NORTH 100 FEET OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 1, AND THE WEST BOUNDARY OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 1; THENCE SOUTH 89°11'06" EAST 1322.98 FEET ALONG THE NORTH BOUNDARY OF THE NORTHWEST 1/4 OF SAID SECTION 1, SAID BOUNDARY ALSO BEING THE SOUTH BOUNDARY OF PLANTATION AT LEESBURG RIVERSIDE VILLAGE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 51, PAGES 56 THROUGH 58, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; TO THE  NORTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE POINT OF BEGINNING OF THIS DESCRIPTION

 

 

Alternate Key Numbers: 1035538, 1035571 and 1035520