AGENDA MEMORANDUM
MEETING DATE: September 8, 2008
FROM: Bill Wiley, AICP, Community Development Director
SUBJECT: Ordinance for annexation of 0.88 acres for First Berkshire Business Trust for Secret Promise
Staff Recommendation:
The Planning staff recommends approval of the proposed annexation for the Secret Promise property.
Analysis:
The property owner submitted an application for annexation of approximately 0.88 acres of land generally located on the west side of County Road 48, south of the Florida Turnpike, 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 for the parcel to be incorporated into a proposed multi-use, Planned Unit Development for the Secret Promise Development of Regional Impact in the City of Leesburg. Annexation is necessary because this small parcel of land was previously not included in the legal descriptions provided by the applicant.
The rezoning and large scale comprehensive plan amendments for this property will be on a future agenda as well as the DRI Development of Regional Impact hearing scheduled for the first of the year for consideration by the City Commission.
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 and the future DRI Development Order. 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 which 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. Such other action as the Commission may deem appropriate.
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: 9/17/2008 5:44 PM____
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Department: Community Development Prepared by: Bill Wiley, AICP Attachments: Yes_X__ No ______ Advertised: ____Not Required ______ Dates: __________________________ Attorney Review : Yes_X__ 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 .88 ACRES AND BEING GENERALLY LOCATED ON THE WEST SIDE OF COUNTY ROAD 48, SOUTH OF THE FLORIDA TURNPIKE AND NORTH OF AUSTIN MERRIT 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 (FIRST BERKSHIRE BUSINESS TRUST-SECRET PROMISE).
BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:
Section 1.
Based upon the petition of First Berkshire Business Trust, 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: 1504996
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 22nd_____ day of ___September_______________, 2008.
THE CITY OF LEESBURG
By: ___________________________
Mayor
ATTEST:
___________________________________
City Clerk
EXHIBIT A
Legal Description
Alternate Key Numbers: 1504996