AGENDA MEMORANDUM

 

 

Meeting Date: February 25, 2008

 

From: Bill Wiley, AICP, Interim Community Development Director

 

Subject: Ordinance for annexation for Zellwood Properties, LLC property

 

 

Staff Recommendation

The Planning staff recommends approval of the proposed annexation for the Zellwood Properties, LLC property.

 

Analysis

The property owner submitted an application for annexation of approximately 103 acres of land generally located east of County Road 48, north of Austin Merritt 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 is a commercial/residential mixed use 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.

 

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 will 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 negative impact in the first year ($612). 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: 3/6/2008 11:53 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 103 ACRES AND BEING GENERALLY LOCATED EAST OF COUNTY ROAD 48, NORTH OF AUSTIN MERRITT ROAD, LYING IN SECTION 32, 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 (ZELLWOOD PROPERTIES, LLC).

 

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

 

Section 1.

 

Based upon the petition of Zellwood Properties, LLC 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: 1035449

 

 

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 __________________, 2008.

 

THE CITY OF LEESBURG

 

By: ___________________________

Mayor

ATTEST:

 

___________________________________

City Clerk

 


EXHIBIT A

Legal Description

ZELLWOOD PROPERTIES

 

BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 20 SOUTH, RANGE 24 EAST, IN LAKE COUNTY, FLORIDA, RUN S.891618W., 3756.82 FEET ALONG THE NORTH LINE OF THE SOUTH 1/4 OF SAID SECTION 32 TO THE SOUTHEASTERLY RIGHT-OF-WAY OF STATE ROAD No. 48; THENCE N.273830E.. 1749.56 feet along said right-of-way line; thence N.824754E., 391.58 FEET; THENCE S.745538E., 666.14 FEET; THENCE S.601925E., 657.18 FEET; THENCE N.782118E., 1346.90 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 32, THENCE S.04929E., 1324.21 FEET ALONG THE EAST LINE OF THE SAID QUARTER- QUARTER TO POINT OF BEGINNING; BEGIN A 102.5 ACRE TRACT WHICH INCLUDES A 98 ACRE GROVE. (ORB 3095, PAGE 1479)