AGENDA MEMORANDUM

 

 

MEETING DATE: November 10, 2008

 

FROM: Bill Wiley, AICP, Community Development Director

 

SUBJECT: Ordinance for annexation for Lee Hess, Inc property

 

 

Staff Recommendation

The Planning staff recommends approval of the proposed annexation for the Lee Hess, Inc property.

 

Analysis

The property owner submitted an application for annexation of approximately 1.34 acres of land generally located at the intersection of US Highway 441, Sleepy Hollow Road, and County Road 44, as shown on the attached General Location Map. The present zoning for this property is County R-1 (Rural Residential). Currently, the property is a closed convenience store with gas pumps and the proposed use is for vehicle sales.

 

The property, currently located in the County, is bounded on all four sides by property in the City. Annexation of the property will remove an enclave and allow for more compact urban form.

 

Also on the agenda for this meeting is the rezoning of this property, which is recommended for approval by the Planning Commission. A small scale comprehensive plan amendment is also on the agenda for this meeting.

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 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:

No significant fiscal impact is expected as shown by the fiscal impact analysis, because of the size of the property.

 

Submission Date and Time: 11/6/2008 5:08 PM____

 

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 1.34 ACRES AND BEING GENERALLY LOCATED ON THE SOUTH SIDE OF U.S. HIGHWAY 441 JUST WEST OF THE INTERSECTION OF SLEEPY HOLLOW ROAD AND COUNTY ROAD 44, LYING IN SECTION 20, TOWNSHIP 19 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 (Lee Hess, Inc.).

 

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

 

Section 1.

 

Based upon the petition of Lee Hess, 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: 1182981

 

 

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

 

Legal Description

 

That part of Government Lot 3 and that part of Government Lot 5 in Section 20, Township 19 South, Range 25 East, in Lake County, Florida, bounded and described as follows:

BEGIN at the center of said Section 20, run thence North 00 degrees, 31 minutes, 30 seconds East along the East line of the Northwest 1/4 a distance of 381.12 feet, more or less, to a point on the Southeasterly line of the right-of-way of U.S. Highway No. 441, said point being hereby designated as point A.

BEGIN again at the point of beginning, run thence South 58 degrees, 46 minutes, 30 seconds West, 127 feet;

THENCE North 22 degrees, 42 minutes, 05 seconds West, 279.74 feet, more or less, to the Southeasterly line of said right-of-way;

THENCE Northeasterly along the Southeasterly line of said right-of-way to the above designated point A.

 

Alternate Key Number: 1182981