AGENDA MEMORANDUM

MEETING DATE:   December 10, 2007

FROM:                       Bill Wiley, AICP, Interim Community Development Director

SUBJECT:                  Ordinance for annexation for Florida Fruit Company (Bouis) property

Staff Recommendation

The Planning staff recommends approval of the proposed annexation for the Florida Fruit Company (Bouis) property.

Analysis

The property owner submitted an application for annexation of approximately 80 acres of land generally located south of C.R 48 and east of Number Two Road, 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 would be 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.

Also on the agenda for this meeting is the rezoning of this property, which is recommended for approval by the Planning Commission. The large scale comprehensive plan amendment is being processed as part of the 1st cycle of 2008.

City water and wastewater utilities are not currently available in the area. The developer is responsible for all cost and construction to make the necessary extension and hook-ups to City utilities in accordance with City requirements. Police and fire services are presently provided in this area and impacts on the provision of these services are estimated to be minimal.                     

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:

As indicated on the attached fiscal impact analysis, there will be a small positive impact in the first year ($257). When actual construction of the development occurs, the City will begin to realize a larger positive impact from the collection of property taxes.

Submission Date and Time:    1/10/2008 9:47 AM1/9/2008 2:20 PM____

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 80 ACRES AND BEING GENERALLY LOCATED SOUTH OF C.R 48 AND EAST OF NUMBER TWO ROAD, LYING IN SECTION 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 1; AND PROVIDING AN EFFECTIVE DATE (FLORIDA FRUIT COMPANY-BOUIS).

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

Section 1. 

Based upon the petition of Florida Fruit Company (Bouis) 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 Numbers: 1780349, 1780331, 1780322, 1812054 and 2866802

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 1.

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 __________________, 2008. 

THE CITY OF LEESBURG

By:___________________________

            Mayor

ATTEST:

___________________________________

City Clerk

EXHIBIT A

Florida Fruit Company (Bouis)

Legal Description

THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 20 SOUTH, RANGE 25 EAST, IN LAKE COUNTY, FLORIDA.

PARCEL "1":

THAT PART OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 20 SOUTH, RANGE 25 EAST, IN LAKE COUNTY, FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS:

BEGIN AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20 TOWNSHIP 20 SOUTH RANGE 25 EAST, AND RUN S.89°53'40"E. ALONG THE NORTH LINE OF THE NORTHWEST 1/4 A DISTANCE OF 504.99 FEET; THENCE S.07°16'25"W., 181.55 FEET; THENCE S.22°42'42"W., 290.66 FEET; THENCE S.76°24'19"W., 265.75 FEET; THENCE S.89°37'11"W., 111.67 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20; THENCE N.00°01'18"E. ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 A DISTANCE OF 512.35 FEET TO THE POINT OF BEGINNING.

PARCEL "2":

THAT PART OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 20 SOUTH, RANGE 25 EAST, IN LAKE COUNTY, FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS:

COMMENCE AT NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20,TOWNSHIP 20 SOUTH RANGE 25 EAST, AND RUN S.00°01'18"W. ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 A DISTANCE OF 512.35 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; FROM SAID POINT OF BEGINNING RUN N.89°37'11"E., 111.67 FEET; THENCE N.76°24'19"E., 265.75 FEET; THENCE N.22°42'42"E., 290.66 FEET; THENCE N.07°16'25"E., 181.55 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 20; THENCE S.89°53'40"E. ALONG THE NORTH LINE OF THE NORTHWEST 1/4 A DISTANCE OF 154.03 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20; THENCE S.00°00'51"E., 662.75 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20; THENCE N.89°52'39"W. ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 A DISTANCE OF 659.43 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20; THENCE N.00°01'18"E. ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 A DISTANCE OF 150.21 FEET TO THE POINT OF BEGINNING.