AGENDA MEMORANDUM
MEETING DATE: April 28, 2008
FROM: Bill Wiley, AICP, Interim Community Development Director
SUBJECT: Ordinance for annexation of Exclusive Properties Group Inc., property
Staff Recommendation
The Planning staff recommends approval of the proposed annexation for the Exclusive Properties Group property.
Analysis
The property owner submitted an application for annexation of approximately .44 acres of land generally located on the south side of West Main Street, just east of Richey Road, as shown on the attached General Location Map. The present zoning for this property is County C-2 (Community Commercial). Currently, the property is undeveloped and the proposed use is for a commercial 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 be annexed at this time because adjacent property to the east is undeveloped. However, we were not able to contact the property owner to discuss voluntary annexation. Therefore, staff opted to not annex the additional property.
Also on the agenda for this meeting are the rezoning and small scale comprehensive plan amendments for this property. Both of these items were recommended for approval by the Planning Commission.
City water and wastewater utilities are 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:
No significant fiscal impact is expected, as the size of the property falls below the guidelines for preparation of a fiscal impact analysis.
Submission Date and Time: 4/28/2008 8:32 AM____
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Department: Community Development Prepared by: Dan Miller, AICP Attachments: Yes_X__ No ______ Advertised: ____Not Required ______ Dates: __________________________ Attorney Review : Yes___ No ____
_________________________________ Revised 6/10/04 |
Reviewed by: Dept. Head ___BW___
Finance Dept. __________________
Deputy C.M. ________EFS________ 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 .44 ACRES AND BEING GENERALLY LOCATED ON THE SOUTH SIDE OF WEST MAIN STREET, JUST EAST OF RICHEY ROAD, LYING IN SECTION 28, TOWNSHIP 19 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 (EXCLUSIVE PROPERTIES GROUP INC).
BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:
Section 1.
Based upon the petition of Exclusive Properties Group Inc 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: 1360200
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
Lots 1 and 2 of Monroe-Park, a subdivision according to the Plat thereof, as recorded in Plat Book 9, Page 84, Public Records of Lake County, Florida, LESS and EXCEPT the West 5.00 feet of said Lot 1 thereof. Also, LESS and EXCEPT the right of way for State Road No. 44.
Parcels A, B, C, D, & E:
Alternate Key Numbers: 1360200