AGENDA MEMORANDUM

 

 

MEETING DATE:   August 27, 2007         

 

FROM:                       Bill Wiley, AICP, Planning and Zoning Manager

 

SUBJECT:                  Ordinance for annexation for Hugh M. McElyea, David Allen Knowles, and Stephen Gordon Knowles property

 

 

Staff Recommendation

The Planning staff recommends approval of the proposed annexation for the Hugh M. McElyea, David Allen Knowles, and Stephen Gordon Knowles properties.

 

Analysis

The property owners submitted applications for annexation of approximately 175 acres of land generally located at the Number Two Road, south of County Road 48, as shown on the attached General Location Map (150 acres McElyea, 20 acres Knowles). The present zoning for this property is County A (Agriculture). Currently, the property is undeveloped and the proposed use is 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.

 

At the applicants’ request, the rezoning of this property to Planned Unit Development (PUD) will occur at a later time.

 

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 proposed development to remain in the             County

 

Fiscal Impact McElyea:

As indicated on the attached fiscal impact analysis, there will be a small positive impact in the first year ($321). Beginning in the 2nd year, the City will begin to realize a larger positive impact from the collection of property taxes.

 

Fiscal Impact Knowles:

As indicated on the attached fiscal impact analysis, there will be a small positive impact in the first year ($64). Beginning in the 2nd year, the City will begin to realize a larger positive impact from the collection of property taxes.

 

Submission Date and Time:    9/5/2007 5:44 PM____

 

Department: Community Development

Prepared by:  Bill Wiley, 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 175 ACRES AND BEING GENERALLY LOCATED SOUTH OF COUNTY ROAD 48 ON THE EAST AND WEST SIDE OF NUMBER TWO ROAD, LYING IN SECTIONS 18, 19, AND 20, TOWNSHIP 20 SOUTH, RANGE 25 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 (MCELYEA AND KNOWLES).

 

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

 

Section 1. 

 

Based upon the petitions of Hugh M. McElyea, Trustee of the Hugh M. McElyea Revocable Trust dated 9-15-05, Claire M. Harris, Trustee of the Claire M. Harris Family Trust dated 9-15-05, McEleya Fernery & Groves, Inc., David Allen Knowles, and Stephen Gordon Knowles, Trustee of the Stephen Gordon Knowles Family Trust dated October 11, 2000 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

         

 

 

Legal Description

KNOWLES PROPERTY

 

S 1/2 OF NE 1/4 OF NE ¼ , SEC 19 TWP 20 RGE 25, ORB 1460 PG 647 ORB 1871 PG 1449, LAKE COUNTY

 

Alternate Key: 1780161          

 

 

 

 

 

 

 

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