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					                                   AGENDA
                           CITY COMMISSION MEETING
                        COMMISSION CHAMBERS, CITY HALL
                          MONDAY, JUNE 11, 2007 5:30 PM



CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA



1. APPROVE CITY COMMISSION MEETING MINUTES:

   A. Regular meeting held May 29, 2007

   B. Special meeting held May 21, 2007

   C. Workshop held April 30, 2007

2. PRESENTATIONS:

   A. Recognition of Service Years: Patrick Keenan for fifteen years (Gas Department),
      Louis (Shayne) Toler for twenty years (Police Department)

   B. Kristen Court Apartments

       1. Report by Housing and Economic Development Director Ken Thomas

       2. Resolution authorizing use of the existing Bond Anticipation Note funding to
          facilitate the recommendation of the Kristen Court Advisory Committee

   C. Beverly Shores School Resource Officer Report by Interim City Manager Jay Evans

3. PROCLAMATIONS:

4. CONSENT AGENDA:
   Routine items are placed on the Consent Agenda to expedite the meeting. If the
   Commission/Staff wish to discuss any item, the procedures is as follows: 1) pull the items(s)
   from the Consent Agenda; 2) vote on items remaining with one roll call vote, 3) discuss each
   pulled item and vote by roll call

   A. PURCHASING ITEMS: NONE

   B. RESOLUTIONS:
AGENDA - June 11, 2007
Page 2
       1. A resolution of the City Commission of the City of Leesburg, Florida,
          authorizing the Mayor and City Clerk to accept a Workforce Central Florida
          Grant not to exceed $3,400 to assist in training firefighters; and providing an
          effective date.

      2. A resolution of the City Commission of the City of Leesburg, Florida,
         authorizing the Mayor and City Clerk to accept a matching grant from Florida
         Department of Health, not to exceed $81,000 to purchase and install mobile
         computer terminals in fire apparatus; and providing an effective date.

      3. A resolution of the City Commission of the City of Leesburg, Florida authorizing
         the Mayor, City Clerk, and additional staff as required to apply for a United
         States Department of Agriculture Housing Preservation Grant for $100,000 to
         rehabilitate Kristen Court Apartments; and providing an effective date.

      4. A resolution of the City Commission of the City of Leesburg, Florida,
         authorizing participation in the Federal Home Loan Bank of Atlanta's
         Community Investment Services (CIS) Affordable Housing Program; and
         providing an effective date.

      5. A resolution of the City Commission of the City of Leesburg authorizing the
         Mayor and City Clerk to execute an agreement with Mine Safety Appliances
         Company for the lease purchase of fire department self contained breathing
         equipment at 0% interest, not to exceed $47,492.44 per year for 10 years; and
         providing an effective date.

      6. A resolution of the City Commission of the City of Leesburg, Florida,
         authorizing the Mayor and City Clerk to execute an amendment to the
         agreement with the School Board of Lake County, Florida to provide for Data
         Transport and Communications Services; and providing an effective date.

      7. Feral Hog Removal Contracts

          A. A resolution of the City Commission of the City of Leesburg, Florida
             authorizing the Mayor and City Clerk to execute an agreement with Rick
             Staton to provide feral hog removal services at the City's spray sites; and
             providing an effective date.

          B. A resolution of the City Commission of the City of Leesburg, Florida
             authorizing the Mayor and City Clerk to execute an agreement with Danny
             Kornegay to provide feral hog removal services at the City's spray sites; and
             providing an effective date.

      8. A resolution of the City Commission of the City of Leesburg, Florida authorizing
         the Mayor and City Clerk to execute an agreement with R.W. Beck, Inc. for an
         Electric Cost of Service Study.

   C. OTHER ITEMS:
AGENDA - June 11, 2007
Page 3

      1. Appropriate $4,000 from Forfeiture Funds to sponsor summer and fall youth
         activities and events for under-privileged Leesburg youth.

5. PUBLIC HEARINGS:

   COMPREHENSIVE PLAN INFORMATION SIGN-UP SHEET (YELLOW) AVAILABLE

   A. Second reading of an ordinance rezoning approximately 3.2 acres generally located
      at the southeast corner of Thomas Avenue and Carver Drive, in Section 22-19-24
      from City C-2 and M-1 to CIP zoning, subject to conditions contained in Exhibit A.
      (C & S Industries)

   B. Second reading of an ordinance rezoning approximately .48 acres located on the
      northwest corner of South Lone Oak Drive and South Street, in Section 27 -19-24,
      from City R-1 and R-2 to RP (Kendall and Monica Vansant)

   C. Second reading of an ordinance rezoning approximately .21 acres located on the
      south side of W. Dixie Avenue, west of Park Drive, in Section 26 -19-24, from City
      R-2 to RP (Lesli Marchbanks)

   D. First reading of an ordinance pertaining to Business Tax (previously known as
      Occupational License Tax) rates; implementing a 5% increase in all categories; and
      setting an effective date.

   E. First reading of an ordinance annexing approximately 24 acres south of Park
      Holland Road, east of Picciola Road, in Section 14-19-24 (Woodrell).

   F. Musso/Spence property

      1. First reading of an ordinance annexing approximately 20 acres south of Park
         Holland Road, east of Picciola Road in Section 14-19-24, (Musso-Spence)

      2. First reading of an ordinance rezoning approximately 19.94 acres south of Park
         Holland Road and east of Picciola Road, in Section 14-19-24 from County R-1 to
         City PUD, subject to conditions contained in Exhibit A. (Musso/Spence)

   G. Teeter property

      1. First reading of an ordinance annexing approximately 23 acres north of SR 44,
         west of CR 468, Section in 29-19-24, (Teeter)

      2. First reading of an ordinance rezoning approximately 23 acres north of SR 44,
         west of CR 468, in Section 29-19-24 from County R-6 to City (Teeter)

   H. First reading of an ordinance annexing approximately 92.11 acres at the terminus of
      Cabballo Road, south of Youngs Road and El Rancho Drive, in Section 33-19-24
      (Lafayette Square)
AGENDA - June 11, 2007
Page 4

   I. Price property

      1. First reading of an ordinance annexing approximately 20 acres south of CR 48,
         west of No. 2 Road, in Section 18-20-25 (Price)

      2. First reading of an ordinance rezoning approximately 20 acres south of CR 48,
         west of No. 2 Road, in Section 18-20-25 from County A to City RE-1. (Price)

   J. Merritt and Janney properties

      1. First reading of an ordinance annexing approximately 963 acres south of CR 48,
         east of Sumter County Line, in Sections 7 and 8-20-24 and Sections 17 and 18-
         21-24 (Merritt and Janney)

      2. First reading of an ordinance rezoning approximately 827 acres south of CR 48,
         east of Sumter County Line, in Sections 7 and 8-20-24 from County A to City
         RE-1 or City R-1A. (Merritt)

      3. First reading of an ordinance rezoning approximately 136 acres south of CR 48,
         east of Sumter County Line, in 17 and 18-21-24 from County A to City RE-1.
         (Janney)

   K. Aguia Marina, Battaglia, Floyd 1, Waterfront Estates, Phyllis Bichard Hayes,
      Lyden, Lyden-Nicholson 2, Floyd 2, Bar Key Groves and Banning Ranch properties

      1. First reading of an ordinance annexing approximately 2,485 acres east and west
         of U.S. Hwy. 27, east and west of C.R. 33, west of Thomas Allen Road, south of
         Dewey Robbins Road and east and west of the Ronald Reagan Turnpike, in
         Sections 27, 32, 33, 34, 35, and 36,-20-24, AND Section 18-20-25, AND Sections 1,
         17, and 18,-21-24, AND Sections 5, 6, and 7, -21-25

      2. First reading of an ordinance rezoning approximately 136 acres east of CR 33,
         south of the Turnpike, in Sections 27 and 34,-20-24 from County A to City RE-1.
         (Aguia Marina)

      3. First reading of an ordinance rezoning approximately 285 acres east of CR 33,
         south of the Turnpike, in Sections 34 and 35,-20-24 from County A and R-1 to
         City RE-1. (Battaglia)

      4. First reading of an ordinance rezoning approximately 108 acres east of the
         Turnpike, north of Orchard Drive, lying in Section 36-20-24 from County A to
         City RE-1. (Floyd 1)

      5. First reading of an ordinance rezoning approximately 144 acres south of
         Orchard Drive, west of US 27/CR 25, east of the Florida (Ronald Reagan)
         Turnpike, in Section 1-21-24 and Section 36-20-24 from County A and PUD to
         City RE-1. (Waterfront Estates)
AGENDA - June 11, 2007
Page 5

       6. First reading of an ordinance rezoning approximately 96 acres east of the
          Turnpike, west of US 27, in Section 1-21-24 from County A to City RE-1.
          (Phyllis Bichard Hayes)

       7. First reading of an ordinance rezoning approximately 71 acres east of US 27 and
          south of Dewey Robbins Road, in Section 18-20-25 and Section 6-21-25, from
          County A (Agriculture) to City RE-1 (Estate Residential). (Floyd 2)

       8. First reading of an ordinance rezoning approximately 723 acres east of US 27
          and north of the Turnpike, in Sections 5, 6, and 7-21-25, from County A
          (Agriculture) to City RE-1 (Estate Residential). (Bar Key Groves)

       9. First reading of an ordinance rezoning approximately 624.26 acres west of CR
          33, south of Turnpike, in Sections 32, 33 and 34, -20-24, from County A
          (Agriculture) to City PUD (Planned Unit Development), subject to conditions
          contained in Exhibit A (Banning Ranch).

6. INFORMATIONAL REPORTS: NONE

7. CITY ATTORNEY ITEMS:

8. CITY MANAGER ITEMS:

9. ROLL CALL:

10. ADJOURN:

PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY
OF THESE PROCEEDINGS SHOULD CONTACT THE HUMAN RESOURCES
DEPARTMENT, ADA COORDINATOR, AT 728-9740, 48 HOURS IN ADVANCE OF
THE MEETING.

F.S.S. 286.0105 "If a person decides to appeal any decision made by the Commission with
respect to any matter considered at this meeting, they will need a record of the proceedings,
and that for such purpose they may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based." The City of Leesburg does not provide this verbatim record.
AGENDA - June 11, 2007
Page 6




                                       2.B.2.
                                AGENDA MEMORANDUM


Meeting Date:          June 11, 2007

From:                  Kenneth L. Thomas, Director of Housing & Economic Development

Subject:               Resolution authorizing staff to utilize existing Bond Anticipation Note
                       (BAN) funding to renovate the existing fifty-nine unit complex for a
                       Townhouse Development



Staff Recommendation:
Staff recommends approval of utilizing the existing Bond Allocation Note funding to renovate the
existing 59 unit complex based on the recommendation of the Kristen Court Advisory Committee
and sell the residential units to affordable homebuyers.

Analysis:
Since the purchase of the Kristen Court Apartments, the Advisory Committee has met on several
occasions to discuss future development of the property and to determine what recommendations
were reasonable to propose. The Committee examined the strengths, weaknesses, and opportunities
of the project:

Strengths: Structures appear to be intact, the complex is now under one ownership, property allows
up to 18 units per acres for development, has potential for affordable housing demand, adjacent to
high rated Pre-K Learning Center/School, and the property is located in the Carver Heights
Community Redevelopment Area

Weaknesses: Crime is very prevalent in the complex, non-paying tenants occupying units,
vandalism, streets and parking area in bad condition, no property manager on-site, open sale of
drugs, trash and debris litter the streets, health and safety issues regarding minimum housing
standards exist.

Opportunities: Ability to provide affordable housing in an area that lacks affordable
homeownership opportunities, remove a 15 year eyesore from the community, increase the tax base,
positive return on investment, eliminate blighted conditions, and improve the health and safety of
residents.

The Advisory Committee first discussed reasons why the City decided to acquire the property such
as to improve the housing conditions, reduce code violations and crime, change public perception of
the neighborhood, improve the quality of life, increase the tax base, attract private investment in the
AGENDA - June 11, 2007
Page 7
distressed community, and prove a market does exist for new affordable housing investment. The
Advisory Committee then developed options for reuse of the property and agreed to prioritize them.
The options were as follows:

Options:

Option 1: Continue to rent the units and hope for 100% occupancy and/or achieve a break- even
          point;
Option 2: Sell the complex to a Developer who would renovate 56 units and sell as market rate
          housing;
Option 3: Sell the complex to a Developer who would renovate 56 units and sell the complex as
          Workforce housing;
Option 4: The City would renovate 56 units and sell the complex as affordable housing;
Option 5: Demolish the entire complex and sell the site to a developer.
          * Options 2, 3, and 4 would reserve one building for a resident association
          clubhouse.

After a lengthy deliberation by the Advisory Committee, the consensus of the members was to
move forward with Option 4 to renovate 56 units for affordable home buyers and convert one
building into a resident association clubhouse. All options were evaluated financially, and all but
Option 4 would have resulted in the City either forfeiting part of the initial commitment of
$4,000,000 or all of it, to make the deals work.

Option 1 focuses on 100% occupancy rate; however, the pro forma shows the City does not realize
sufficient profit to pay the BAN within the 3 year span in which the note becomes due. Therefore,
the City would continue to have the obligation to pay for a loan without a sufficient revenue source.

Option 2 is not recommended because the situation would essentially revert back to why the City
decided to purchase the property. There is no guarantee that sale to one owner will provide a long-
term solution for affordable housing, or that the property will be maintained at an acceptable level.

Option 3 will almost guarantee the City would take a loss on its $4,000,000 commitment. Any
development would require at least a guaranteed payback of $71,429 per unit. Therefore, it would
be unrealistic to build an affordable housing project with a partner with an estimated sales price of
$130,000. It’s unlikely the developer will realize a profit if the City extracted 70% off the top.

Option 4 Staff estimates the cost to renovate 56 units between $840,000 and $1,400,000, which
equals $17.65 to $29.42 per square feet. This option will ensure affordable housing for the
community. The project will include complete renovation of the kitchen, bathroom, living room,
plumbing, roof and HVAC (if needed), interior and exterior painting, and stucco. The complex will
also consist of new landscaping and be outfitted with new PVC privacy fencing to encompass the
entire property. The street and parking areas will be resurfaced to improve the aesthetics of the
complex.

Option 5 would result in the City paying $102,542 to demolish the entire complex and then
negotiating the sale of the land. Based on 256,000 sq.ft., of residential land, at a sale price of $2 per
square foot, the purchase price of $512,000 will not realize a profit or sustain a break-even point for
the City. In fact, the City would have a net loss of ($3,713,582). This would not serve the objective
of ensuring affordable housing is available in the neighborhood.
AGENDA - June 11, 2007
Page 8

Options 2, 3, & 4 are proposed as having a resident association clubhouse that will be used for
various functions such as baby showers, community meetings, birthday parties, workshops,
seminars, children’s movie night, and other activities deemed appropriate for homeowners. The
clubhouse will consist of handicap accessible restrooms, kitchen, and an open floor plan consisting
of 2,550 square feet. The cost to renovate the facility is estimated at $50,000.

The clubhouse, ground maintenance, and other common areas will be maintained by the
Homeowner’s Association (HOA) management group. The attached pro forma identifies a $100.00
per month HOA fee that will pay for common area maintenance. The HOA trust account will
begin with $50,000 of seed money. The newly formed Townhouse Community will require
replatting, and creation of a mandatory HOA.

The additional funding for the project will be derived from several possible sources such as Lake
County State Housing Initiative Program (SHIP), Florida Housing Corporation Bond Program,
United States Department of Agriculture (USDA), and Federal Home Loan Bank of Atlanta
(FHLBA). After closing of each residential unit, a check will be issued to purchase the units now
owned by the City of Leesburg. The very-low and low-income homebuyers will have an opportunity
to purchase a unit for the selling price of $106,000. However, the low-income homebuyer will
receive a $30,000 SHIP subsidy (forgiven after 10 years) and $10,000 of Florida Housing bond
financing (not payable unless you sell before mortgage term expires)

                              Example
               $106,000       Sale Price
               - 30,000       SHIP Down Payment Assistance (DPA)
               - 10,000       Florida Housing Corporation Bond
               $ 66,000       1st Mortgage total

Based on the above scenario a low-income homebuyer will have a 1st mortgage of $66,000 and a
monthly principal and interest payments of $395.70 (based on a 6% interest rate for 30 years),
property tax estimate of $170.00 and HOA fees of $100.00. Therefore, the total monthly payment
for the homebuyer would be $665.70 per month.
The very low-income homebuyer would receive an additional $5,000 for DPA, which will bring the
monthly mortgage amount including HOA fee to a grand total of $635.73.

Options:
1. Adopt the resolution as presented; or
2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:
Option 4 Fiscal Impact:

Sources:
Revenues from sales                   $5,936,000
 (56 Units X $106,000)

Uses:
Costs of Renovation                  $1,400,000
BAN Payoff (*Not including interest) $4,000,000
AGENDA - June 11, 2007
Page 9
Excess Of Sources over Uses                  $ 536,000 * other operating expenses will be deducted

Revenues from the General Fund are pledged to cover interest costs of approximately $220,000 per
year.


BAN Funding available:

Approved amount                              $4,000,000
Proceeds used                                $3,527,632
   Amount Available                          $ 472,638

Submission Date and Time:              6/27/2011 12:49 PM____

 Department: ______________________     Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: ______________________
 Attachments:      Yes____ No ______    Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes___ No ____    Submitted by:
                                        City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 10

                               RESOLUTION NO._______________

             A RESOLUTION OF THE CITY COMMISSION OF THE CITY
             OF LEESBURG AUTHORIZING UTILIZATION OF     THE
             EXISTING BOND ANTICIPATION NOTE FUNDING TO
             FACILITATE THE RECOMMENDATIONS OF THE KRISTEN
             COURT ADVISORY COMMITTEE; AND PROVIDING AN
             EFFECTIVE DATE.

      BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
      FLORIDA:

               THAT the City Commission of the City of Leesburg, Florida, hereby authorizes the
      utilization of the existing Bond Anticipation Note funding to renovate the 59 units located
      at Kristen Court Complex utilizing existing BAN funds and applicable grant monies. The
      renovations shall include fifty-six (56) units to be sold as townhouses and three (3) units to
      be remodeled as one (1) clubhouse to be deeded to the resident association.

              THAT this resolution shall become effective immediately.

      PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
      regular meeting held the __11th__ day of __June____ 2007



                                                       __________________________
                                                        Mayor

      ATTEST:


      __________________________
      City Clerk




06/11/07
AGENDA - June 11, 2007
Page 11




                                       2C.
                                AGENDA MEMORANDUM


Meeting Date:          June 11, 2007

From:                  Jay M. Evans, Deputy City Manager / Interim City Manager

Subject:               Beverly Shores School Resource Officer



Staff Recommendation:
Staff recommends budgeting $25,000 in the FY 2007- 2008 budget to assist the School Board in
providing a Lake County Sheriff’s Officer as an SRO at Beverly Shores Elementary.

Analysis:
On March 12, 2007, concerned parent Denise Burry approached the Leesburg City Commission
appealing for help with the discipline problems at Beverly Shores Elementary. Ms. Burry cited
multiple instances where student safety was compromised by unruly and out of control students.
Ms. Burry requested that the City Commission place a School Resource Officer in the school.
Several parents and teachers spoke in support of Ms. Burry’s assessment of the situation, as well as
her request of the City. After much discussion from the Commission, the consensus direction to
staff was to assist Ms. Burry in her appeal to the School Board, and to help her find a solution to the
problem.

I contacted Superintendent Anna Cowin and briefed her on the concerns that were brought to our
attention. She shared the concern for the situation, and indicated she needed time to assess the
problem. She also indicated a desire for Ms. Burry to contact her directly. I relayed this to Ms.
Burry, and she subsequently contacted the Superintendent.

In the meantime, Chief Chrisman and I visited the school during a lunch period to observe the
conditions for ourselves. At the time of our visit, the campus was orderly and the students well
behaved. Admittedly, this brief visit can not be considered representative of the conditions at all
times. Chief Chrisman also instructed his officers to begin having a regular presence at the school.
They walked the campus several times per day, sending the message that there was a law
enforcement officer nearby.

The Superintendent has since replaced the principal of the school, hoping that different leadership
will bring better discipline to the students. On May 21, 2007, the Lake County School Board
approved expenditure of up to $25,000 toward a School Resource Officer for Beverly Shores
Elementary. Ms. Burry has been adamant that the SRO needs to be a Leesburg police officer. Staff
has respectfully disagreed.
AGENDA - June 11, 2007
Page 12
The City’s previous partnership with the School Board for SRO’s dissolved over the School Board’s
refusal to pay more than $25,000 toward the cost of each SRO. As personnel and other expenses
(vehicle, gas, etc.) increased, the City was absorbing a greater and greater share of the expense.
Ultimately, the City opted to allow the Sheriff’s Office to take over SRO responsibilities.

The proposal from the School Board is not any different this time around: $25,000. The School
Board’s commitment to even this contribution is limited to this coming school year. They have
indicated that the presence of an SRO in the elementary school should be part of a short-term
solution to the long-term issue. The School Board does not intend at this time to fund the SRO at
the school permanently.

Chief Chrisman has stated his preference that the officer NOT be a Leesburg officer, and I share his
concerns. The reasons for this are as follows:

    1. The City is facing potential General Fund budget cuts that could result in layoffs and
       reductions of service. The question isn’t “how can we expand our present services” at this
       time, but “how can handle the volume of work we have with less resources”. Part I crimes
       (serious offenses) in Leesburg are increasing, and we need more officers on the street
       preventing crime.
    2. Having a uniformed officer in an elementary school could result in children being arrested
       for crimes simply because the officer is there to witness it. Situations that could be handled
       administratively may result in a child being handcuffed and placed in a patrol vehicle. The
       best interest of the child is not served when this happens, and it does not endear the
       community to law enforcement.
    3. The start-up costs for an officer, including benefits, vehicle, fuel, equipment, etc. are more
       than $89,000. Once again the City will be asked to shoulder a disproportionate share of the
       expenses.
    4. The City has a liability concern with regard to the actions taken against children at this
       young age.
    5. The need for the SRO is in question. The presence of Mr. David Cunningham on the
       Beverly Shores campus during the last two weeks of school made a profound difference.
       Having the right leadership in the school is likely the answer that will produce results.

Even though staff does not support the placement of a Leesburg officer in the school, the City still
has an opportunity to partner in the solution. If the City were to match the School Board’s
contribution of $25,000, this would go a long way toward the Sheriff’s expenses for a deputy to
serve as SRO. Since the Sheriff’s Office already provides SRO’s the County’s other schools, this
seems like a logical solution. This is also a solution that brings three agencies together to solve a
community problem.

Options:
1. Approve the recommendation of staff, authorizing staff to include $25,000 in the FY 2007-2008
budget to help fund a Lake County Sheriff’s Deputy as an SRO at Beverly Shores.
2. Other such action as the Commission may deem appropriate.


Fiscal Impact:
The FY 2007-2008 budget would need to include $25,000 for the Sheriff’s office to provide an SRO.
AGENDA - June 11, 2007
Page 13

Submission Date and Time:              6/27/2011 12:49 PM____

 Department: ______________________     Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: ______________________
 Attachments:      Yes____ No ______    Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes___ No ____    Submitted by:
                                        City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________




06/11/07
AGENDA - June 11, 2007
Page 14




                                             4.B.1.
                                       AGENDA MEMORANDUM


Meeting Date:               June 11, 2007

From:                       Dennis M. Sargent, Fire Chief

Subject:                    Resolution authorizing acceptance of a grant from Workforce Central
                            Florida to assist with training firefighters.



Staff Recommendation:
Staff recommends accepting the grant from Workforce Central Florida and approving 50%
matching funds.

Analysis:
The Fire Department provides Advanced Life Support (ALS) emergency medical services to the
citizens and visitors of Leesburg. Florida Administrative Code 64E-2 requires a minimum of 1
paramedic on every ALS vehicle. The Fire Department needs to send 4 additional personnel for
paramedic training to maintain sufficient staffing and reduce overtime. This Workforce Central
Florida grant will provide funds for 50% of the cost for tuition and books.

Options:
1. Accept the Workforce Central Florida grant; or
2. Such alternative action as the Commission may deem appropriate


Fiscal Impact::
 The grant will save the City of Leesburg $3,400 for the first semester of paramedic training for four
firefighters.


Submission Date and Time:              6/27/2011 12:49 PM____

 Department: _____Fire__________        Reviewed by: Dept. Head ________   Account No. 001-2220-522-5450__
 Prepared by: Jim Frazier________
 Attachments:      Yes_X No ______      Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required __X_
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :     Yes___ No _X_    Submitted by:
                                        City Manager ___________________   Budget _____$41,500____________
 _________________________________
 Revised 6/10/04                                                           Available ____$23,796____________
AGENDA - June 11, 2007
Page 15

                               RESOLUTION NO._______________

             A RESOLUTION OF THE CITY COMMISSION OF THE CITY
             OF LEESBURG, FLORIDA AUTHORIZING THE MAYOR AND
             CITY CLERK TO ACCEPT A WORKFORCE CENTRAL FLORIDA
             GRANT NOT TO EXCEED $3,400 TO ASSIST IN TRAINING
             FIREFIGHTERS; AND PROVIDING AN EFFECTIVE DATE.

      BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
      FLORIDA:

             THAT the Mayor and City Clerk are hereby authorized to execute an agreement
      with Workforce Central Florida, whose address is 1411 South 14th Street, Leesburg, Florida,
      34748 accepting a grant to provide funds for training and providing 50% matching funds.

              THAT this resolution shall become effective immediately upon passage.

      PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
      regular meeting held the 11th day of June 2007



                                                      __________________________
                                                       Mayor

      ATTEST:


      __________________________
      City Clerk


06/11/07
AGENDA - June 11, 2007
Page 16




                                       4.B.2.
                               AGENDA MEMORANDUM


Meeting Date:          June 11, 2007

From:                  Dennis M. Sargent, Fire Chief

Subject:               Resolution authorizing acceptance of a matching grant from Florida
                       Department of Health to purchase and install mobile computer terminals in
                       fire apparatus, total project not to exceed $81,000.



Staff Recommendation:
Staff recommends acceptance of the Florida Department of Health grant to purchase and install
mobile computer terminals in fire apparatus.

Analysis:
The Fire Department currently does not have the electronic hardware and software needed to
transmit or receive electronic information between the computer aided dispatch (CAD) system and
responding fire apparatus. Without connectivity between the CAD and responding units, important
information, such as geographical positioning satellite (GPS) coordinates and unit status, cannot be
effectively communicated. Mobile computer terminals (MCT) are needed in fire department
apparatus to improve communication between CAD and the mobile units. The Lake-Sumter EMS
Communications Center recently purchased a new map-based CAD system capable of transmitting
and receiving GPS data. This grant funding will allow the Fire Department to take full advantage of
this system’s new technologies, and will provide for elimination of existing communication problems
and make available the advanced tools necessary to enhance response performance and reporting
accuracy.

Options:
1. Accept the Florida Department of Health grant; or
2. Such alternative action as the Commission may deem appropriate

Fiscal Impact::
The grant is a 75% and 25% matching grant. The total project cost is $81,000. The Florida
Department Health will provide $60,750 and the City of Leesburg is responsible for $20,250. There
will also be annual maintenance costs of approximately $3,600. Funds have been provided for this
in the draft FY2008 budget.
AGENDA - June 11, 2007
Page 17


Submission Date and Time:              6/27/2011 12:49 PM____

 Department: _____Fire__________        Reviewed by: Dept. Head __Yes____   Account No. __________________
 Prepared by: _____Jim Frazier ____
 Attachments:      Yes_X__ No ______    Finance Dept. __________________    Project No. ___________________
 Advertised: ____Not Required __X___
 Dates: __________________________      Deputy C.M. ___________________     WF No. ______________________
 Attorney Review :    Yes___ No _X__    Submitted by:
                                        City Manager ___________________    Budget ____FY 2008___________
 _________________________________
 Revised 6/10/04                                                            Available _____________________
AGENDA - June 11, 2007
Page 18

                                RESOLUTION NO._______________

              A RESOLUTION OF THE CITY COMMISSION OF THE CITY
              OF LEESBURG, FLORIDA, AUTHORIZING THE MAYOR AND
              CITY CLERK TO ACCEPT A 75%-25% MATCHING GRANT
              FROM FLORIDA DEPARTMENT OF HEALTH TO PURCHASE
              AND INSTALL MOBILE COMPUTER TERMINALS IN FIRE
              APPARATUS, THE TOTAL PROJECT NOT TO EXCEED $81,000,;
              AND PROVIDING AN EFFECTIVE DATE.

       BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
       FLORIDA:

        THAT the Mayor and City Clerk are hereby authorized to execute an agreement with
Florida Department of Health whose address is 402 Bald Cypress Way, Bin A00, Tallahassee, FL
32399-1701 for EMS matching grant M7032 to purchase and install mobile computer terminals in fire
apparatus.
        .

               THAT this resolution shall become effective immediately.

       PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
       regular meeting held the __11th___ day of __June____ 2007.



                                                      __________________________
                                                       Mayor

       ATTEST:


       __________________________
       City Clerk


06/11/07
AGENDA - June 11, 2007
Page 19




                                       4.B.3.
                               AGENDA MEMORANDUM


Meeting Date:          June 11, 2007

From:                  Kenneth L. Thomas, Director of Housing & Economic Development

Subject:               Resolution authorizing Staff to apply for the United States Department of
                       Agriculture (USDA) Housing Preservation Grant to renovate Kristen Court
                       Apartments

Staff Recommendation:
Staff recommends the City Commission authorize Staff to submit an application for the USDA
Housing Preservation Grant (HPG) for $100,000 for renovation of Kristen Court.

Analysis:
The Kristen Court Advisory Committee identified several options relating to the future of the
complex such as demolishing the entire complex, continuing to operate as a rental complex, selling
the complex as is, partnering with a local developer or renovating the complex and creating a
townhome development. By unanimous decision, the Kristen Court Advisory Committee
recommended renovating the entire complex and creating 56 units “for sale” townhomes and
converting one building into a resident clubhouse.

Based on consultation with numerous general contractors, the cost of renovating 56 units is
estimated at $840,000 to $1,400,000 ($15,000 to $25,000 per unit). The project will include complete
renovation of the kitchen, bathroom, living room, plumbing, roof and HVAC, interior and exterior
painting, and stucco. The complex will also have new landscaping, resurfaced streets and parking
area.

To offset the renovation cost, staff identified the USDA Housing Preservation Grant (HPG) as a
funding source. The HPG, in previous grant cycles, has provided funding to renovation projects
similar to Kristen Court, although funding other than HPG will be required to complete the entire
renovation project. Other possible sources of funding are Lake County Government and the
Federal Home Loan Bank of Atlanta.

Options:
1. Authorize staff to apply for the USDA Housing Preservation Grant (HPG); or
2. Such alternative action as the Commission may deem appropriate.

Fiscal Impact:
The City’s purchase price of the complex represents the grant matching funds.
AGENDA - June 11, 2007
Page 20

Submission Date and Time:              6/27/2011 12:49 PM____

 Department: ______________________     Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: ______________________
 Attachments:      Yes____ No ______    Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes___ No ____    Submitted by:
                                        City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 21

                               RESOLUTION NO._______________

             A RESOLUTION OF THE CITY COMMISSION OF THE CITY
             OF LEESBURG, FLORIDA AUTHORIZING THE MAYOR,
             CITY CLERK, AND ADDITIONAL STAFF AS REQUIRED TO
             APPLY FOR A UNITED STATES DEPARTMENT OF
             AGRICULTURE HOUSING PRESERVATION GRANTFOR
             $100,000 TO    REHABILITATE    KRISTEN    COURT
             APARTMENTS; AND PROVIDING AN EFFECTIVE DATE.

      BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
      FLORIDA:

               THAT the City Commission hereby authorizes the Mayor,City Clerk, and additional
      staff as required to submit an application for funding from the United States Department of
      Agriculture Housing Preservation Grant program for $100,000 for renovation of Kristen
      Court Apartments.

              THAT this resolution shall become effective immediately.

      PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
      regular meeting held the __11th___ day of ___June______ 2007.



                                                      __________________________
                                                       Mayor

      ATTEST:


      __________________________
      City Clerk


06/11/07
AGENDA - June 11, 2007
Page 22




                                             4.B.4.
                                       AGENDA MEMORANDUM


Meeting Date:          June 11, 2007

From:                  Kenneth L. Thomas, Director of Housing & Economic Development

Subject:               Resolution authorizing participation in the Federal Home Loan Bank of
                       Atlanta’s Community Investment Services (CIS) Affordable Housing Program

Staff Recommendation:
Staff recommends approval of the resolution authorizing participation in the Federal Home Loan
Bank of Atlanta’s (FHLBA) Community Investment Services (CIS) Affordable Housing Program.

Analysis:
As part of our strategy to identify funding sources for the redevelopment of Kristen Court
Apartments, staff has identified the FHLBA Affordable Housing Program (AHP) as a viable source.
To apply for AHP funding. The City of Leesburg must adopt a Resolution authorizing participation
in the CIS Affordable Housing Program, complete a Certificate of Incumbency, complete the
Sponsor Web System Access form, and complete the Terms and Conditions for Sponsor Web
System Access form.

Staff anticipates applying for the AHP grant funding for $500,000 when applications are accepted in
September. The FHLBA allows agencies to apply for funding twice per year. The AHP funding
eligible uses include acquisition, new construction or rehabilitation financing, permanent financing,
principal reduction and down payment, and closing cost assistance.

Options:
1. Approve the resolution authorizing participation in the FLHLBA Community Investment
    Services Affordable Housing Program; or
2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:
This authorization does not obligate the City to expenditure of any funds.

Submission Date and Time:              6/27/2011 12:49 PM____
 Department: ______________________     Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: ______________________
 Attachments:      Yes____ No ______    Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes___ No ____    Submitted by:
AGENDA - June 11, 2007
Page 23
                                     City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                        Available _____________________
AGENDA - June 11, 2007
Page 24

                              RESOLUTION NO._______________

             A RESOLUTION OF THE CITY COMMISSION OF THE CITY
             OF LEESBURG, FLORIDA AUTHORIZING PARTICIPATION IN
             THE FEDERAL HOME LOAN BANK OF ATLANTA'S
             COMMUNITY INVESTMENT SERVICES        AFFORDABLE
             HOUSING PROGRAM; AND PROVIDING AN EFFECTIVE
             DATE.

      BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
      FLORIDA:

             THAT the Mayor and City Clerk are hereby authorized to execute an agreement
      with Federal Home Loan Bank of Atlanta whose address is 1475 Peachtree Street NE Atlanta,
      Georgia 30309, for execution of a Sponsor Access Agreement.

              THAT this resolution shall become effective immediately.

      PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
      regular meeting held the _11th____ day of _June________ 2007



                                                    __________________________
                                                     Mayor

      ATTEST:


      __________________________
      City Clerk


06/11/07
AGENDA - June 11, 2007
Page 25




                                        4.B.5.
                                AGENDA MEMORANDUM


Meeting Date:          June 11, 2007

From:                  Dennis M. Sargent, Fire Chief

Subject:               Resolution authorizing a Lease-Purchase of Fire Department Self Contained
                       Breathing Equipment




Staff Recommendation:
Fire Department staff recommends approval of the contract with Mine Safety Appliances Company
to participate in the Mine Safety Appliances "promise" lease-purchase program for self contained
breathing apparatus.

Analysis:
On September 1, 2007, the national standards for self-contained breathing apparatus, SCBA, will
require a major upgrade. This upgrade includes resistance to chemical, biological, radiological and
nuclear exposure (CBRN) and places temperature resistance standards on the materials and
components used in the manufacture of such equipment. This standard was passed as a result of
multiple failures that have resulted in firefighter deaths and injuries throughout the nation.

This standard is a voluntary compliance standard; however, it will not allow the support of non-
compliant equipment concerning repair and replacement parts. This will render Leesburg's existing
units, which were purchased under the 1992 and 1997 standards and upgraded in 2002, non-
repairable. The 1992 units are also at the end of their acceptable fifteen year service life and must be
replaced. Composite compressed breathing air cylinders must be taken out of service after fifteen
years of use.

MSA promises the lease-purchase program will provide the City with all new equipment that will
meet the new standard and will provide a credit of up to $2,012 per unit to be applied to cover any
upgrades that may be required in the 2012 standards review. The annual cost of this program will
not exceed $47,492.44 per year for ten (10) years and is covered in the fire department's 10 year
capital budget. The Department is currently spending between $30,000 and $60,000 per year in
SCBA repairs and replacements.

In order to participate in this program, the City must commit by signing the contract prior to the
implementation date of the new standard, September 1, 2007. The earlier the commitment, the
earlier the equipment will be delivered. MSA has contracts for over 14,000 units to the U.S. Air
AGENDA - June 11, 2007
Page 26
Force. Other current users have already committed to this concept for thousands of additional units.
If the City commits this month, staff will receive our equipment and make the first payment in fiscal
year 2008, when this item will be included in the capital budget. Failure to commit prior to the
September date will require the City purchase equipment at the going future rate either when they
fail or exceed their required service life.


Options:
1. Authorize the Mayor and city Clerk to execute the lease purchase agreement; or
2. Such alternative action as the Commission may deem appropriate


Fiscal Impact:
The cost of this agreement will not exceed $47,492.44 per year for ten (10) years. An annual amount
of $47,500 has been included in the fire department's capital budget for the next ten years starting in
FY 2007-08 to cover this critical equipment. The cost of repairs and replacement will be all but
eliminated in the first five years, with the exception of units that may suffer damage during use in
fires and other emergencies.



Submission Date and Time:               6/27/2011 12:49 PM____

 Department: _____Fire______________     Reviewed by: Dept. Head ___D.S._   Account No. _001-2220-522-6410__
 Prepared by: _Dennis M. Sargent_____
 Attachments:      Yes__X__ No ______    Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ___X___
 Dates: __________________________       Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes___ No ____     Submitted by:
                                         City Manager ___________________   Budget _____$47,500___________
 _________________________________
 Revised 6/10/04                                                            Available ___ $47,500___________
AGENDA - June 11, 2007
Page 27

                               RESOLUTION NO._______________

             A RESOLUTION OF THE CITY COMMISSION OF THE CITY
             OF LEESBURG AUTHORIZING THE MAYOR AND CITY
             CLERK TO EXECUTE AN AGREEMENT WITH MINE SAFETY
             APPLIANCES COMPANY FOR THE LEASE PURCHASE OF
             FIRE DEPARTMENT SELF CONTAINED BREATHING
             EQUIPMENT AT 0% INTEREST, NOT TO EXCEED $47,492.44
             PER YEAR FOR TEN      YEARS; AND PROVIDING AN
             EFFECTIVE DATE.

      BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
      FLORIDA:

              THAT the Mayor and City Clerk are hereby authorized to execute an agreement
      with Mine Safety Appliances Company, whose address is P. O. Box 426, Pittsburgh, PA
      15230, for the lease purchase of self-contained breathing equipment, SCBA, for the Leesburg
      Fire Department.

              THAT this resolution shall become effective immediately.

      PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
      regular meeting held the 11th day of June 2007.



                                                      __________________________
                                                       Mayor

      ATTEST:


      __________________________
      City Clerk


06/11/07
AGENDA - June 11, 2007
Page 28




                                            4.B.6.
                                      AGENDA MEMORANDUM


Meeting Date:              June 11, 2007

From:                      Kevin Cochrane, Communications Manager

Subject:                   Resolution authorizing an amendment to the existing agreement to provide
                           Data Transport Services with the School Board of Lake County.



Staff Recommendation:
Staff recommends approval of an amendment to the agreement to provide Data Transport
Communications services with the School Board of Lake County, Florida.

Analysis:
The School Board of Lake County, Florida wishes to connect an additional facility located at Grassy
Lake Elementary School, 16300 Grassy Lake Road, Minneola, Florida to the Information
Technology data center located at W. Bryan St., Tavares, Florida by using the City of Leesburg’s
fiber optic network. The School Board of Lake County has signed the amendment, and the county
and city attorneys have reviewed it.

Options:
1. Approval of the Resolution authorizing execution of the amendment, or
2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:
The City of Leesburg will realize additional revenue of $4,800.00 per year. The costs to provide the
service and maintain the network are typical costs encountered when adding customers to the City’s
fiber optic network.       Installation costs will be paid from the capital fund (line extensions).
Ongoing network support is accounted for in the operating budget of the Communications Utility,
and does not require additional staff or expenditures.
Submission Date and Time: 6/27/2011 12:49 PM____
 Department: Communications / IT       Reviewed by: Dept. Head ________   Account No. 045-5099-539-6310_
 Prepared by: Kevin Cochrane
 Attachments:      Yes X No ______     Finance Dept. __________________   Project No. 450001__________
 Advertised: ____Not Required X
 Dates: __________________________     Deputy C.M. ___________________    WF No. ____Not yet assigned__
 Attorney Review :    Yes X No ____    Submitted by:
                                       City Manager ___________________   Budget ____$219,915_______
 _________________________________
 Revised 6/10/04                                                          Available ___ $207,282____
AGENDA - June 11, 2007
Page 29

                             RESOLUTION NO._______________

             A RESOLUTION OF THE CITY COMMISSION OF THE CITY
             OF LEESBURG, FLORIDA, AUTHORIZING THE MAYOR AND
             CITY CLERK TO EXECUTE AN AMENDMENT TO THE
             AGREEMENT WITH THE SCHOOL BOARD OF LAKE
             COUNTY, FLORIDA TO PROVIDE DATA TRANSPORT AND
             COMMUNICATIONS     SERVICES   TO   GRASSY  LAKE
             ELEMENTARY SCHOOL IN MINNEOLA, FLORIDA; AND
             PROVIDING AN EFFECTIVE DATE.

      BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
      FLORIDA:

              THAT the Mayor and City Clerk are hereby authorized to execute an amendment to
      the agreement with the School Board of Lake County, FL, whose address is 201 W.
      Burleigh Blvd., Tavares, FL 32778, for Data Transport and Communications Services to
      Grassy Lake Elementary School in Minneola, Florida

             THAT this resolution shall become effective immediately.

      PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
      regular meeting held the _11th____ day of _June____ 2007.



                                                   __________________________
                                                    Mayor

      ATTEST:


      __________________________
      City Clerk


06/11/07
AGENDA - June 11, 2007
Page 30




                                                4.B.7.
                                          AGENDA MEMORANDUM


Meeting Date:                June 11, 2007

From:                        Darel W. Craine, Deputy Director, Environmental Services

Subject:                     Resolutions authorizing contracts with Rick Staton and Danny Kornegay
                             to provide feral hog removal services at the City’s spray sites



Staff Recommendation:
Staff recommends approval of the contracts with Rick Staton and Danny Kornegay for feral hog
removal services at the City’s spray sites.

Analysis:
The City’s current contractor for hog removal services has failed to perform satisfactorily which has
resulted in continued environmental damage to the City’s spraysite properties. Lake County Water
Authority owns land which abuts the City’s spray sites and is currently finalizing contracts with Rick
Staton and Danny Kornegay for feral hog removal on that property. These contractors are both
equipped and experienced and the proposed contracts will allow for more efficient feral hog removal
on City property.

Options:
1. Approve the proposed feral hog removal services contracts, or
2. Such alternative action as the Commission may deem appropriate

Fiscal Impact:
The contractors will be paid $20.00 for each female feral hog of litter bearing age, the same as the
current contract. Expenses to date have been less than $500 per year, and the City’s cost is expected
to be less than $2,000.00 per year under these new contracts.

Submission Date and Time:                 6/27/2011 12:49 PM____

 Department: _Environmental Services___    Reviewed by: Dept. Head ________   Account No. _044-4071-535-3410__
 Prepared by: _Marj Allman___________
 Attachments:      Yes_X__ No ______       Finance Dept. __________________   Project No. ___447010__________
 Advertised: ____Not Required ______
 Dates: __________________________         Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes_X_ No ____       Submitted by:
                                           City Manager ___________________   Budget _____$2,000.00_________
 _________________________________
 Revised 6/10/04                                                              Available ____$1,940.00_________
AGENDA - June 11, 2007
Page 31

06/11/07
AGENDA - June 11, 2007
Page 32
                          4.B.7.A. RESOLUTION NO._______________

             A RESOLUTION OF THE CITY COMMISSION OF THE CITY
             OF LEESBURG, FLORIDA AUTHORIZING THE MAYOR AND
             CITY CLERK TO EXECUTE A CONTRACT WITH RICK
             STATON TO PROVIDE FERAL HOG REMOVAL SERVICES AT
             THE CITY'S SPRAY SITES; AND PROVIDING AN EFFECTIVE
             DATE.

      BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
      FLORIDA:

             THAT the Mayor and City Clerk are hereby authorized to execute a contract with
      Rick Staton, whose address is 158 C.R. 501, Wildwood, FL 34785, for removal of feral hogs
      from the City’s spray sites.

              THAT this resolution shall become effective immediately.

      PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
      regular meeting held the _11th____ day of __June_______ 2007.



                                                    __________________________
                                                     Mayor

      ATTEST:


      __________________________
      City Clerk


06/11/07
AGENDA - June 11, 2007
Page 33
                                       4.B.7.B.
                             RESOLUTION NO._______________

             A RESOLUTION OF THE CITY COMMISSION OF THE CITY
             OF LEESBURG, FLORIDA AUTHORIZING THE MAYOR AND
             CITY CLERK TO EXECUTE A CONTRACT WITH DANNY
             KORNEGAY TO PROVIDE FERAL HOG REMOVAL SERVICES
             AT THE CITY'S SPRAY SITES; AND PROVIDING AN
             EFFECTIVE DATE.

      BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
      FLORIDA:

              THAT the Mayor and City Clerk are hereby authorized to execute a contract with
      Danny Kornegay, whose address is 4890 C.R. 134C, Wildwood, FL 34785, for removal of
      feral hogs from the City’s spray sites.

             THAT this resolution shall become effective immediately.

      PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
      regular meeting held the _11th____ day of __June_______ 2007.



                                                   __________________________
                                                    Mayor

      ATTEST:


      __________________________
      City Clerk


06/11/07
AGENDA - June 11, 2007
Page 34




                            4.B.8. AGENDA MEMORANDUM



Meeting Date:          June 11, 2007

From:                  Paul Kalv, Electric Director

Subject:               Resolution authorizing an agreement with R. W. Beck, Inc. for an Electric
                       Cost of Service and Retail Rate Design Study



Staff Recommendation:
Staff recommends approval of an agreement for an Electric Cost of Service and Retail Rate Design
Study.

Analysis:
Power supply received through FMPA together with the City’s ownership in the St. Lucie and
Crystal River nuclear power plants represents more than 60% of the Electric Department’s annual
operating expense. Individual billing determinants that comprise the City’s total power supply cost
include energy and demand billing rates for the FMPA provided portion of our power supply;
energy billing rates for the St Lucie and Crystal River provided portion of our power supply; and a
demand billing rate for all energy delivered to Leesburg.

In order to recommend appropriate retail electric rates to the Commission, it is important to
understand the contribution to our total power supply cost that is attributable to each customer class
(Residential, General Service Non-Demand, and General Service Demand). Determining the proper
cost allocation across customer classes is critically important in order to ensure that retail rates are
developed to recover the appropriate share of our expenses from each customer class.

The last cost of service and rate study was performed during 2004 and it is appropriate to conduct a
Cost of Service and Retail Rate Design study at this time in view of our changing cost of energy.

Options:
1. Approve the Electric Cost of Service and Retail Rate Design Study Agreement, or;
2. Such alternative action as the Commission may deem appropriate


Fiscal Impact:
Although funds were not specifically appropriated in account number 041-1021-531-31-10 419230
in accordance with the adopted budget, $35,000 is available within the operating category for this
purpose.
AGENDA - June 11, 2007
Page 35

Submission Date and Time:               6/11/07 3:01pm____


 Department: _Electric_______________    Reviewed by: Dept. Head _Paul Kalv   Account No. _041-1021-531-3110___
 Prepared by: __Connie Lambert______
 Attachments:      Yes_X__ No _____      Finance Dept. __________________     Project No. __419230____________
 Advertised: ____Not Required __X___
 Dates: __________________________       Deputy C.M. ___________________      WF No. ______________________
 Attorney Review :    Yes_X__ No ____    Submitted by:
                                         City Manager ___________________     Budget _____$52,000___________
 _________________________________
 Revised 6/10/04                                                              Available ____$51,565___________
AGENDA - June 11, 2007
Page 36

                              RESOLUTION NO._______________

             A RESOLUTION OF THE CITY COMMISSION OF THE CITY
             OF LEESBURG, FLORIDA, AUTHORIZING THE MAYOR AND
             CITY CLERK TO EXECUTE AN AGREEMENT WITH R.W.
             BECK, INC. FOR AN ELECTRIC COST OF SERVICE AND
             RETAIL RATE DESIGN STUDY; AND PROVIDING AN
             EFFECTIVE DATE.


      BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG,
      FLORIDA:

              THAT the Mayor and City Clerk are hereby authorized to execute an agreement
      with R. W. Beck, Inc, whose address is 800 North Magnolia Ave, Suite 300, Orlando, Florida
      32803, for an Electric Cost of Service and Retail Rate Design Study.

              THAT this resolution shall become effective immediately.

      PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a
      regular meeting held the ___11th_ day of ____June_____ 2007.



                                                     __________________________
                                                      Mayor

      ATTEST:


      __________________________
      City Clerk




06/11/07
AGENDA - June 11, 2007
Page 37




                                             4.C.1.
                                       AGENDA MEMORANDUM


Meeting Date:               June 11, 2007

From:                       Chief William J. Chrisman

Subject:                    Appropriation of Forfeiture Funds to Sponsor Summer and
                            Fall Activities for Under-Privileged Leesburg Youth



Staff Recommendation:
Staff respectfully recommends the appropriation of $4000 of Forfeiture Funds to sponsor summer
and fall activities for under-privileged Leesburg youth through the City of Leesburg Recreation and
Parks Department.

Analysis:
Using Forfeiture Funds will enable under-privileged Leesburg youth to participate in various
activities and events they would not otherwise be able to afford. This will enable the Recreation and
Parks Department to provide positive activities for all our youth in an alcohol and drug free
environment.

Options:
1. To approve the appropriation of Forfeiture Funds in the amount of $4000.
2. Such alternative action as the Commission may deem appropriate.

Fiscal Impact:
Funding is available in the Forfeiture Funds account for this purpose and is an authorized use of
Law Enforcement Trust Fund.


Submission Date and Time:              6/27/2011 12:49 PM____
 Department: __Police_______________    Reviewed by: Dept. Head ________   Account No. _001-2111-521-5184___
 Prepared by: __V.Quattlebaum_______
 Attachments:      Yes____ No __X___    Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes___ No ____    Submitted by:
                                        City Manager ___________________   Budget ______$ 11,960 _________
 _________________________________
 Revised 6/10/04                                                           Available _____$103,800______ __



06/11/07
AGENDA - June 11, 2007
Page 38



                                                 5A.
                                AGENDA MEMORANDUM


MEETING DATE: May 29, 2007

FROM:                   Laura McElhanon, AICP, Community Development Director

SUBJECT:                Ordinance for Rezoning for C & S Industries (Central Hydraulics)



Staff Recommendation:
The Planning staff and Planning Commission recommend approval of the proposed rezoning for
the subject property from City C-2 (Community Commercial) and M-1 (Industrial) to CIP
(Commercial/Industrial Planned).

Analysis:
The project site is approximately 3.2 acres. The property is generally located at the southeast corner
of Thomas Avenue and Carver Drive, as shown on the attached General Location Map. The present
zoning for this property is City C-2 (Community Commercial) and M-1 (Industrial). Currently, the
property use is commercial and industrial and the proposed use is continued commercial and
industrial use. The surrounding zoning designations are to the north and east City M-1 (Industrial),
and to the south and west R-1 (Low Density Residential).

The proposed zoning district of City CIP (Commercial/Industrial Planned) is compatible with
adjacent and nearby properties in the area and with the existing City future land use designation of
City GC (General Commercial) and I (Industrial).

The existing land uses surrounding the property are single family residential, undeveloped property,
convenience store and Ameri-Gas Propane.

Development of the parcel shall require connection to City utilities at the owner’s expense.

By a vote of 7 to 0, the Planning Commission recommended approval.

Options:
1.    Approve the proposed rezoning to City CIP (Commercial/Industrial Planned), thereby
      allowing consistent zoning and development standards for the area.
2.    Other such action as the Commission may deem appropriate.

Fiscal Impact:
There is no fiscal impact to the City.
AGENDA - June 11, 2007
Page 39
Submission Date and Time:              6/27/11 12:49 PM____


 Department: Community Development      Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: Bill Wiley, AICP
 Attachments: Yes__X__ No ______        Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Newspapers:                            Submitted by:
 _________________________________      City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 40



                                  ORDINANCE NO. ______

       AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
       REZONING APPROXIMATELY 3.2 ACRES GENERALLY LOCATED AT
       THE SOUTHEAST CORNER OF THOMAS AVENUE AND CARVER
       DRIVE, LYING IN SECTION 22, TOWNSHIP 19 SOUTH, RANGE 24
       EAST, LAKE COUNTY, FLORIDA, FROM CITY C-2 (COMMUNITY
       COMMERCIAL)      AND   M-1     (INDUSTRIAL)    TO   CIP
       (COMMERCIAL/INDUSTRIAL       PLANNED)     SUBJECT   TO
       CONDITIONS CONTAINED IN EXHIBIT A; AND PROVIDING AN
       EFFECTIVE DATE.

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

Section 1.

        Based upon the petition of C & S Industries (Central Hydraulics), the owner of the property
hereinafter described, 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 said property
located in Lake County, Florida, is hereby rezoned from City C-2 (Community Commercial) and M-
1 (Industrial) to CIP (Commercial/Industrial Planned) subject to conditions contained in Exhibit A,
to-wit:

                                            Legal Description
                                             (See Exhibit B)

       Alternate Key Number: 1200253 and 3809687


Section 2.

       This ordinance shall become effective upon its passage and adoption, according to law.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the    day of                      , 2007.


                                                     THE CITY OF LEESBURG


                                                     By: _________________________________
                                                            Mayor
ATTEST:


___________________________________
AGENDA - June 11, 2007
Page 41
       City Clerk



CASE #: 026-1-051707                                                            EXHIBIT A

                   CENTRAL HYDRAULICS, INCORPORATED
             REZONING TO CIP (COMMERCIAL/INDUSTRIAL PLANNED)
                    PLANNED DEVELOPMENT CONDITIONS
                                APRIL 19, 2006

These Planned Development Conditions for a CIP (Commercial/Industrial Planned) district are
granted by the City of Leesburg Planning Commission, Lake County, Florida to C&S Industries
“Permittee" for the purposes and terms and conditions as set forth herein pursuant to authority
contained in Chapter 25 "Zoning", Section 25-278 "Planned Development Process" of the City of
Leesburg Code of Ordinances, as amended.

BACKGROUND: The Permittee is desirous of obtaining a CIP (Commercial/Industrial Planned)
zoning district to permit commercial uses on an approximately 3.21 acre site within the City of
Leesburg in accordance with their Planned Development application and supplemental information.
Permittee is currently engaged in the sale, distribution and remanufacture of hydraulic pumps, fittings,
hoses and fluids for heavy equipment, and wishes to expand its current operations.

1.    PERMISSION
      Permission is hereby granted to C&S Industries to construct, operate, and maintain a CIP
      (Commercial/Industrial Planned) development in and on real property in the City of Leesburg.
      The property is generally situated east of Thomas Avenue, north of Montclair Road and south
      of Carver Drive.. The property is more particularly described as shown in the attached legal
      description below.

2.    LEGAL DESCRIPTION
      See attached legal Exhibit B

3.    LAND USES
      The above described property shall be used for uses described in the CIP
      (Commercial/Industrial Planned) zoning classification as limited by this agreement, pursuant to
      City of Leesburg development codes and standards.

      A.     Permitted Uses
             1) Commercial/industrial uses shall be those listed for the CIP uses (See Schedule) in
                   the Code of Ordinances except as limited by this CIP and shall occupy the
                   approximate area as shown on the Conceptual Development Plan dated April 12,
                   2007.

      B.     Prohibited Uses
             1)    indoor and outdoor recreation
AGENDA - June 11, 2007
Page 42
         2)    bars and lounges
         3)    clubs and lodges
         4)    crematoriums
         5)    package stores
         6)    educational facilities
         7)    off site parking unless specifically approved as an amendment to this CIP
         8)    outdoor kennels
         9)    package store
         10) truck stops
         11) heavy industrial uses
         12) Any other such commercial uses of similar intensity which may adversely impact
               the adjoining residential parcels due to traffic, noise, dust, etc.

     C.    Area
           The impervious surface coverage for the entire Planned Development shall not exceed
           eighty (80) percent of the gross site area.

     D.    Open Space
           A minimum of twenty (20) percent of the site shall be developed as open space,
           including retention areas, buffer and landscaped areas. Parking areas and vehicle access
           areas shall not be considered in calculating open space.

4.   SITE ACCESS
     A.   Direct access to the site shall be provided from the west via one access point along
          Thomas Avenue and from the north along Carver Drive. The types, number and
          specific locations of access points shall be reviewed during the site plan process.

5.   DEVELOPMENT STANDARDS
     A.  The minimum development standards shall be those required for the CIP district
         except as amended by these conditions.

6.   HEIGHT OF BUILDINGS
     A.  No structure shall exceed thirty-five (35) feet or two or one-half (2 1/2) stories as
         measured from the first floor, finished floor level on the site. Maximum height
         calculation shall include all architectural design features of the building(s).

7.   PARKING
     A.  The permittee shall construct off-street parking spaces within the site per City of
         Leesburg Code of Ordinances, as amended, which shall include the required number of
         handicapped parking spaces.

8.   WETLANDS
     A.  Should wetlands exist on the site, the following requirements shall apply. Prior to
         disturbance or development of any wetland area, the "Permittee" shall submit and
         receive approval from all affected governmental agencies to include, but not limited to,
         St. John's River Water Management District and the State of Florida Department of
         Environmental Regulation. Any notice of violation from any affected agency shall be
AGENDA - June 11, 2007
Page 43
         cause for a cease and desist order on permits issued by the City of Leesburg until such
         time as the violation has been resolved with the appropriate agency(s).

9.    DRAINAGE AND UTILITIES
      A.  Prior to receiving Final Development Plan Approval, the "Permittee" shall submit a
          Master Site Drainage Plan and Utility Implementation Plan acceptable to the City of
          Leesburg. Prior to any clearing, grubbing, or disturbance of the natural vegetation in any
          phase of the development, the permittee shall provide:

            1)     A detailed site plan demonstrating no direct discharge of stormwater runoff
                   generated by the development into any natural surface waters or onto adjacent
                   properties.

            2)     A detailed site plan indicating all provisions for electric, water, sewer, storm water
                   and natural gas in accordance with the site plan review process as required by the
                   City of Leesburg Code of Ordinances.

10.   ENVIRONMENTAL ASSESSMENT
      A.   If required, a wildlife/archaeological management plan for the project site shall be
           prepared based on the results of an environmental assessment of the site and any
           environmental permit required from applicable governmental agencies. The
           management plan shall be submitted to the City as part of the site plan application.
           The Permittee shall designate a responsible legal entity that shall implement and
           maintain the management plan.

11.   TRANSPORTATION
      A. Any transportation improvements shall be contingent upon site plan approval by City of
         Leesburg staff during development review/permit application.

12.   LANDSCAPING AND BUFFER REQUIREMENTS
      A.  Plans and site design for the installation of any required landscaping and buffering shall
          be submitted and approved prior to issuance of the building permit for the development.
          All landscaping shall be in accordance with regulations contained within the City of
          Leesburg Code of Ordinances.

13.   MAINTENANCE
      A.  With the exception of public utilities, maintenance of all site improvements, including but
          not limited to drives, sidewalks and landscaping shall be the responsibility of the
          developer.

14.   MISCELLANEOUS CONDITIONS
      A.  The uses of the proposed project shall only be those uses identified in the approved
          Planned Development Conditions. Any other proposed use must be specifically
          authorized by the Planning Commission in accordance with the Planned Development
          amendment process.

      B.    No person, firm or corporation shall erect, construct, enlarge, alter, repair, remove,
AGENDA - June 11, 2007
Page 44
         improve, move, convert, or demolish any building structure, or alter the land in any
         manner without first submitting the necessary plans and obtaining appropriate
         approvals in accordance with the City of Leesburg Codes.

      C.    Construction and operation of the proposed use(s) shall at all times comply with City
            and other governmental agencies rules and regulations.

      D.    The transfer of ownership or lease of any or all of the property described in this CIP
            Agreement shall include in the transfer or lease agreement, a provision that the
            purchaser or lessee is made good and aware of the conditions pertaining to the
            Planned Development established and agrees to be bound by these conditions. The
            purchaser or lessee may request a change from the existing plans and conditions by
            following the procedures as described in the City of Leesburg Land Development
            Code, as amended.

      E.    These CIP Conditions shall inure to the benefit of, and shall constitute a covenant
            running with the land and the terms, conditions, and provisions hereof, and shall be
            binding upon the present owner and any successor, and shall be subject to every
            condition herein set forth.

      F.    Any violation of City, State or Federal laws or permit requirements concerning the
            development of this project will constitute a violation of this permit and will result in all
            activities on the project site being halted until the violation is satisfactorily resolved and
            may result in a hearing before the Planning Commission to determine whether a change
            in the conditions of this CIP are necessary.

      G.     The proposed project may be constructed in phases in accordance with the Conceptual
             Development Plan dated April 12, 2007, (attached as part of these conditions).
             Changes to the Development Plan, other than those conditions described in this
             agreement, shall be revised in accordance with the Planned Development review
             process.

      H.    Implementation of the project shall substantially commence within 24 months of
            approval of the site plan and construction plan approvals for this Planned
            Development. In the event, the conditions of the PD has not been substantially
            initiated during the required time period, the PD shall be scheduled with due notice for
            reconsideration by the Planning Commission at their next available regular meeting.
            The Planning Commission will consider whether to extend the PD approval or rezone
            the property to another appropriate zoning classification less intense than the
            development permitted by these PD Conditions.

15.    CONCURRENCY
       Should the proposed development result in demands on public facilities which exceed the
       current capacity of facilities, such as but not limited to roads, sewage, water supply, drainage,
       solid waste, parks and recreation, schools and emergency medical facilities, the permittee
       shall be responsible for paying all costs associated with upgrading said infrastructure to serve
       the development as herein proposed or amended.
AGENDA - June 11, 2007
Page 45




                              Exhibit B

                         LEGAL DESCRIPTION
AGENDA - June 11, 2007
Page 46




                 Conceptual Site Plan   Exhibit C
AGENDA - June 11, 2007
Page 47
AGENDA - June 11, 2007
Page 48
AGENDA - June 11, 2007
Page 49

06/11/07
AGENDA - June 11, 2007
Page 50



                                         5B.
                                AGENDA MEMORANDUM


MEETING DATE: May 29, 2007

FROM:                   Laura McElhanon, AICP, Community Development Director

SUBJECT:                Ordinance for Rezoning for Kendall and Monica Vansant



Staff Recommendation:
The Planning staff and Planning Commission recommend approval of the proposed rezoning for
the subject property from City R-1 (Low Density Residential) and R-2 (Medium Density Residential)
to RP (Residential Professional).

Analysis:
The project site is approximately .48 acres. The property is generally located on the northwest
corner of South Lone Oak Drive and South Street, as shown on the attached General Location Map.
The present zoning for this property is City R-1 (Low Density Residential) and R-2 (Medium
Density Residential). Currently, the property is single family and the proposed use is for professional
offices. The surrounding zoning designations are to the east and north R-2 (Medium Density
Residential), to the west R-1 (Low Density Residential), and to the south is R-3 (High Density
Residential).

The proposed zoning district of City RP (Residential Professional) is compatible with adjacent and
nearby properties in the area and with the existing City future land use designation of City LD (Low
Density Residential).

The existing land uses surrounding the property are a church and single family residential uses.

Development of the parcel may require modifications to City utilities at the owner’s expense.

By a vote of 7 to 0, the Planning Commission recommended approval.

Options:
1.    Approve the proposed rezoning to City RP (Residential/Professional), thereby allowing
      consistent zoning and development standards for the area.
2.    Other such action as the Commission may deem appropriate.

Fiscal Impact:
There is no fiscal impact to the City.
AGENDA - June 11, 2007
Page 51
Submission Date and Time:              6/27/11 12:49 PM____

 Department: Community Development      Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: Bill Wiley, AICP
 Attachments: Yes__X__ No ______        Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Newspapers:                            Submitted by:
 _________________________________      City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 52




                                  ORDINANCE NO. ______

       AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
       REZONING APPROXIMATELY .48 ACRES GENERALLY LOCATED
       ON THE NORTHWEST CORNER OF SOUTH LONE OAK DRIVE AND
       SOUTH STREET, LYING IN SECTION 27, TOWNSHIP 19 SOUTH,
       RANGE 24 EAST, LAKE COUNTY, FLORIDA, FROM CITY R-1 (LOW
       DENSITY   RESIDENTIAL)   AND   R-2   (MEDIUM   DENSITY
       RESIDENTIAL) TO RP (RESIDENTIAL PROFESSIONAL); AND
       PROVIDING AN EFFECTIVE DATE.

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

Section 1.

        Based upon the petition of Kendall and Monica Vansant, the owners of the property
hereinafter described, 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 said property
located in Lake County, Florida, is hereby rezoned from City R-1 (Low Density Residential) and R-2
(Medium Density Residential) to RP (Residential Professional), to-wit:

                                            Legal Description
                                             (See Exhibit A)

       Alternate Key Numbers: 1291925 and1809959

Section 2.

       This ordinance shall become effective upon its passage and adoption, according to law.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the    day of                      , 2007.


                                                     THE CITY OF LEESBURG


                                                     By: _________________________________
                                                            Mayor
ATTEST:


___________________________________
      City Clerk
AGENDA - June 11, 2007
Page 53




CASE NO: 028-1-051007                                               Exhibit A



                                 LEGAL DESCRIPTION


N 110 FT OF S 135 FT OF W 125 FT OF E 150 FT OF SE 1/4 OF NW 1/4 OF SW 1/4- OF
SEC 27 TWP 19 RGE 24E: -LESS HWY 468, ORB 2010 PG 1280, ORB 2078 PG 0928, ORB
2115 PG 0350, ORB 2282 PG 1997

PARCEL I.D. NUMBER: 27-19-24-000300005600
Alt key # 1291925

AND

W 100 FT OF E 250 FT OF N 95 FT OF S 135 FT OF SE 1/4 OF NW 1/4 OF SW ¼ OF SEC
29 TWP 19 RGE 24E: ORB 3216 PG 638

PARCEL I.D. NUMBER: 27-19-24-000300005700
Alt key # 1809959




06/11/07
AGENDA - June 11, 2007
Page 54



                                         5C.
                                AGENDA MEMORANDUM


MEETING DATE: May 29, 2007

FROM:                   Laura McElhanon, AICP, Community Development Director

SUBJECT:                Ordinance for Rezoning for Lesli Marchbanks



Staff Recommendation:
The Planning staff and Planning Commission recommend approval of the proposed rezoning for
the subject property from City R-2 (Medium Density Residential) to RP (Residential Professional).

Analysis:
The project site is approximately .21 acres. The property is generally located on the south side of W.
Dixie Avenue, west of Park Drive, as shown on the attached General Location Map. The present
zoning for this property is City R-2 (Medium Density Residential). Currently, the property is
undeveloped and the proposed use is for professional offices. The surrounding zoning designations
are to the north R-2 (Medium Density Residential), to the east and south is R-2 (Medium Density
Residential) and RP (Residential Professional), and to the west RP (Residential Professional).

The proposed zoning district of City RP (Residential Professional) is compatible with adjacent and
nearby properties in the area and with the existing City future land use designation of City LD (Low
Density Residential).

The existing land uses surrounding the property are single family residential transitioning to
professional uses and professional offices.

Development of the parcel may require modifications to City utilities at the owner’s expense.

By a vote of 7 to 0, the Planning Commission recommended approval.

Options:
1.    Approve the proposed rezoning to City RP (Residential/Professional), thereby allowing
      consistent zoning and development standards for the area.
2.    Other such action as the Commission may deem appropriate.

Fiscal Impact:
There is no fiscal impact to the City.
AGENDA - June 11, 2007
Page 55
Submission Date and Time:              6/27/11 12:49 PM____




 Department: Community Development      Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: Bill Wiley, AICP
 Attachments: Yes__X__ No ______        Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Newspapers:                            Submitted by:
 _________________________________      City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 56




                                  ORDINANCE NO. ______

       AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
       REZONING APPROXIMATELY .21 ACRES GENERALLY LOCATED
       ON THE SOUTH SIDE OF W. DIXIE AVENUE, WEST OF PARK
       DRIVE, LYING IN SECTION 26, TOWNSHIP 19 SOUTH, RANGE 24
       EAST, LAKE COUNTY, FLORIDA, FROM CITY R-2 (MEDIUM
       DENSITY RESIDENTIAL) TO RP (RESIDENTIAL PROFESSIONAL);
       AND PROVIDING AN EFFECTIVE DATE.

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

Section 1.

        Based upon the petition of Lesli Marchbanks, the owner of the property hereinafter
described, 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 said property located in
Lake County, Florida, is hereby rezoned from City R-2 (Medium Density Residential) to RP
(Residential Professional), to-wit:

                                            Legal Description

               LEESBURG, KERL'S SECOND ADD LOT 1, BLK 2 LYING SE'LY OF
                      DIXIE AVE PB 4 PG 59 - ORB 3364 PG 450.


       Alternate Key Numbers: 1350727


Section 2.

       This ordinance shall become effective upon its passage and adoption, according to law.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the    day of                      , 2007.

                                                     THE CITY OF LEESBURG


                                                     By: _________________________________
                                                            Mayor
ATTEST:
AGENDA - June 11, 2007
Page 57
___________________________________
       City Clerk
06/11/07
AGENDA - June 11, 2007
Page 58



                                5D. AGENDA               MEMORANDUM

Meeting Date:               June 11, 2007

From:                       Bill Pfeilsticker, Finance Director

Subject:                    Ordinance to increase Business Tax (Previously known as Occupational
                            License Tax) rates



Staff Recommendation:
Staff recommends that Business Tax rates for all categories be increased 5% as described in the
proposed ordinance.

Analysis:
According to §205.0535 of the Code of Ordinances, the City is authorized to increase the Business
Tax rates by no more than 5%, every other year beginning in 1995, by a vote of a majority plus one
of the City Commission.

The City last increased its Business Tax rates by Ordinance 05-43 on May 9, 2005. Due to
exponential growth, the cost of providing services to the citizens and businesses of Leesburg has
increased substantially since 2005, while reported Consumer Price Index rates increased 3.4% in
2005 and 3.2% in 2006. A 5% increase in Business Tax rates is reasonable and justifiable.

Options:
1. Adopt the ordinance as presented; or
2. Such alternative action as the Commission may deem appropriate.

Fiscal Impact: If the ordinance is adopted, it is estimated that the Business Tax annual revenue will
increase $10,360 to $217,551.

Submission Date and Time:              6/27/11 12:49 PM____


 Department: ______________________       Reviewed by: Dept. Head ________   Account No. 001-0000-321-01-00
 Prepared by: __________________
 Attachments: Yes____ No ______           Finance Dept. __________________   Project No. _
 Advertised: ____Not Required ______
 Dates: __________________________        Deputy C.M. ___________________    WF No. ______________________
 Newspapers:                              Submitted by:
 _________________________________        City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                             Available _____________________
AGENDA - June 11, 2007
Page 59
                      ORDINANCE NO.

       AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
       PERTAINING TO RATES FOR BUSINESS TAXES (FORMERLY
       KNOWN AS OCCUPATIONAL LICENSES); IMPLEMENTING A FIVE
       PERCENT (5%) INCREASE IN ALL CATEGORIES AS PERMITTED BY
       §205.0535, FLORIDA STATUTES; SETTING FORTH LEGISLATIVE
       FINDINGS; REPEALING CONFLICTING ORDINANCES; PROVIDING
       A SEVERANCE CLAUSE; AND PROVIDING AN EFFECTIVE DATE.


       WHEREAS, the City of Leesburg has enacted a business tax (formerly known as Business
Tax) ordinance, and took advantage of the opportunity afforded by §205.0535, Fla. Stat. to reclassify
businesses and establish new rate structures by October 1, 1995, and

       WHEREAS, under §205.0535, the City is able to increase by ordinance the rates for its
business tax by no more than 5%, every other year, by a vote of a majority plus one of the City
Commission, and

       WHEREAS, the City last increased its business tax rates by adopting Ordinance 05-43 on
May 9, 2005, and

        WHEREAS, the Leesburg has experienced exponential growth causing substantial increases
in cost of providing services to the citizens and businesses of Leesburg,

        WHEREAS, based on the Consumer Price Index increases of 3.4% in 2005 and 3.2% in
2006, a 5% increase in business tax rates is reasonable and justifiable,

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

SECTION I.

§14 – 36 of the Code of Ordinances of the City of Leesburg, Florida, is hereby amended in its
entirety to read as set forth below:

       Sec. 14 – 36. Businesses and occupations enumerated; amount of tax to be
       paid.

       The following enumerated occupations license taxes shall be paid to the City of
       Leesburg by the persons engaging in or managing or transacting the listed
       occupations or professions unless otherwise specified, and shall be paid annually
       unless otherwise stated:

       FEE

       I.    AGENCY OR BUREAU (other than real property):
AGENDA - June 11, 2007
Page 60
           a.      Any agency or bureau, including but not limited to credit,
                   employment, advertising, or collection . . . $44.10

               b.         Detective/patrol guard . . . 44.10

               c.         Talent . . . 44.10

               d.         Travel . . . 44.10

               e.         Rental . . . 44.10

               f.         Bail bondsman . . . 44.10

               g.         Unspecified . . . 44.10

       II.    AVIATION SERVICES:

               a.         Sales--fuel, oil or petroleum products . . . 27.57

               b.         Repair--aircraft, airframe, power plant, instruments or
                          avionics . . . 27.57

               c.         Hangar rental . . . 27.57

               d.         Instructions . . . 27.57

               e.         Rental--charter, air taxi, air ambulance . . . 27.57

               f.         Aviation testing, electronic or written . . . 27.57

       III.   AUCTIONEER:

               a.         Auction house/company . . . 55.13

               b.         Auctioneer . . . 44.10

       IV.     BANKS, SAVINGS AND LOANS, FINANCE COMPANIES, CREDIT
               UNIONS:

               a.         Banks, Savings and Loans, finance companies, credit unions .
                          . . 110.25

                    (1) Each ATM not located on main premises . . . 27.57

                    (2)    Each branch or drive-through not located on main premises
                             . . . 55.13

               b.         Finance and investment services, mortgage and loan brokers,
                          stock or bond broker . . . 44.10
AGENDA - June 11, 2007
Page 61

      V.      BUSINESS OFFICE, excluding offices holding professional licenses issued
              by the State of Florida . . . 44.10

      VI.     COIN-OPERATED MACHINES (not including laundry cleaners):

              a.    Distributor . . . 44.10

              b.    Game machines each (video, kiddie ride etc.) . . . 27.57

              c.    Juke boxes . . . 27.57

              d.    Vending machines, per machine . . . 7.88

      VII.    DAY CARE CENTER, KINDERGARTEN, SCHOOL, NURSERY . . .
              33.08

      VIII.    EVENT PERMIT, ONE-TIME:

              Trade shows, sporting events, and similar programs on a one-time
              basis (each applicant shall be required to submit proof of insurance, a
              layout of the proposed facility, and a parking plan) . . . 27.57 per day

      IX.     FITNESS CENTERS, HEALTH STUDIOS . . . 44.10

      X.      FORTUNE TELLER, CLAIRVOYANT, PALMIST, PHRENOLOGIST,
              DIVINE HEALER, ASTROLOGER . . . 44.10

      XI.     HOTELS, MOTELS, APARTMENTS, BED AND BREAKFAST INNS,
              ROOMING HOUSES, MOBILE HOME PARKS, DUPLEXES,
              TRIPLEXES AND SINGLE FAMILY HOMES RENTED TO PERSONS
              OTHER THAN THE OWNER THEREOF:

              a.    Hotels, motels, bed and breakfast, rooming houses, apartments
                     (transient or long term rentals):

                   (1)   1 to 15 units . . . 27.57

                   (2)   16 to 50 units . . . 44.10

                   (3)   Over 50 units . . . 77.18

              b.    Mobile home parks . . . 55.13

              c.     A property owner who owns only a single rental unit, which is
                      rented or offered for rent for less than eighteen (18) months
                      during the period it is owned by the property owner, shall not
                      be deemed a business required to have an occupational
                      license.
AGENDA - June 11, 2007
Page 62

      XII. JUNK DEALERS (junk yard must be enclosed with attractive fence of a
            material which will keep the junk hidden from public view) . . . 55.13

      XIII. MACHINE, WELDING AND SHEET METAL SHOP . . . 44.10

      XIV. MANUFACTURING:

             a.    Less than 20 employees . . . 44.10

             b.    20 or more employees . . . 110.25

      XV.    MARINA . . . 44.10

      XVI. MEDICAL SERVICES/FACILITIES . . . 44.10

      XVII. NEWSPAPERS:

             a.    Less than 20 employees . . . 44.10

             b.    20 or more employees . . . 110.25

      XVIII. NURSING AND CONVALESCENT HOMES:

             a.    Nursing:

                  (1)   Less than 61 licensed beds . . . 44.10

                  (2)   61 or more licensed beds . . . 66.15

             b.    Congregate care:

                  (1)   Less than 10 licensed beds . . . 33.08

                  (2)   10 or more licensed beds . . . 66.15

      XIX.   PACKING, PROCESSING, SALES:

             a.    Citrus and produce packing and processing:

                  (1)   Less than 20 employees . . . 44.10

                  (2)   20 or more employees . . . 66.15

             b.    Fruit and vegetable sales (permanent place of business) . . . 44.10

             c.    Canning factory:

                  (1)   Less than 20 employees . . . 44.10
AGENDA - June 11, 2007
Page 63

                  (2)   20 or more employees . . . 66.15

      XX.    PAWNBROKERS . . . 55.13

      XXI.   PEDDLERS, SOLICITORS, EXHIBITORS--Stationary . . . 33.08

             (Must obtain clearance from planning and zoning department and
             written permission from property owner)

      XXII. PERSONAL SERVICES--Any personal service such as, but not limited to
            artist, dry cleaners, florist, handyman, home window tinting, maid service,
            photography, shoe repair, tailor, upholsterer, yardwork etc.

             a.    Home location . . . 27.57

             b.    Business location:

                  (1)     Artist, photographer, shoe repair, upholsterer, florist . . .
                          27.57

                  (2)   All others . . . 44.10

             c.    Ballroom dance studios . . . 44.10

             d.    Laundry (self service) per coin operated machine . . . 7.88

             e.    Janitorial . . . 44.10

             f.   Interior decorator . . . 44.10

      XXIII. PROFESSIONAL SERVICES--Each person holding a state license must
             show license and obtain a city license. Professional persons licensed from the
             State of Florida are exempt from business office licensing.
             a. Accountant, CPA, auditor . . . 44.10

             b.    Architect . . . 44.10

             c.    Attorney . . . 55.13

             d.    Beauty and/or barber shop:

                  (1)   Cosmetologist . . . 27.57

                  (2)   Nail technician . . . 27.57

                  (3)   Barber/stylist . . . 27.57

                  (4)   Facialist . . . 27.57
AGENDA - June 11, 2007
Page 64

                 (5)   Tanning beds within other business . . . 27.57

            e.    Contractors:

                 (1)   General . . . 44.10

                 (2)   House moving (bond required) . . . 44.10

                 (3)   Electrical . . . 44.10

                 (4)   Plumbing . . . 44.10

                 (5)   Paper hanging, painting . . . 33.08

                 (6)   Heating and air conditioning . . . 44.10

                 (7)   Sidewalk and pavement . . . 44.10

                 (8)   Unspecified . . . 44.10

            f.   Counselor:

                 (1)   Marriage and family . . . 44.10

                 (2)   Mental health . . . 44.10

                 (3)   Other . . . 44.10

            g.    Engineer, surveyor . . . 44.10

            h.    Funeral director . . . 44.10

            i.   Insurance (life, health, title, vehicle etc.):

                 (1)   Company . . . 55.13

                 (2)   Agent or firm . . . 27.57

                 (3)   Adjuster . . . 27.57

            j.   Masseur . . . 27.57

            k.    Pest control . . . 44.10

            l.   Physician (including anyone engaged in art of healing) . . . 55.13

            m.     Real estate and property management:
AGENDA - June 11, 2007
Page 65
               (1) Real estate:

                          (a)   Each license broker/owner/manager . . . 44.10

                          (b)   Each licensed sales associate . . . 27.57

                    (2)     Property management, leasing agency, rent collection:

                          (a)   Property manager . . . 44.10

                          (b)   Property agent . . . 27.57

              n.     Tanning salon . . . 44.10

              o.     Veterinarian . . . 33.08

              p.     Any other profession not listed . . . 44.10

      XXIV. RADIO AND TELEVISION STATIONS . . . 44.10

      XXV. RECREATIONAL FACILITIES:

              a.     Carnival or circus, per week . . . 82.69

              b.     Theaters:

                    (1)     Less than 500 seats . . . 55.13

                    (2)     500 or more seats . . . 110.25

              c.     Bowling alleys, per lane . . . 7.88

              d.     Pool halls, plus $7.88 per table . . . 44.10

              e.     Dance hall . . . 44.10

              f.    Skating rink . . . 44.10

              g.     Watercraft rentals, plus $7.88 per craft . . . 44.10

              h.     Recreational vehicle park, plus $1.50 per space . . . 55.13

      XXVI.        RESTAURANT, CATERER, BAKERY:

              a.     Seating capacity 1--20 . . . 27.57

              b.     Seating capacity 21--30 . . . 44.10

              c.     Seating capacity 31--40 . . . 55.13
AGENDA - June 11, 2007
Page 66

               d.    Seating capacity over 40 . . . 77.18

               e.    Deli/caterer or bakery without seating . . . 33.08

      XXVII.        SALES, RETAIL/WHOLESALE:

               a.    Sales without inventory . . . 44.10

               b.    Sales with inventory (including markets, fish and/or meat):
                        $2.00 per thousand dollars of inventory, up to the maximum
                        fee allowed by this section.

      XXVIII. SERVICES, OTHER THAN REPAIR:

               a.    Computer . . . 44.10

               b.    Consultant . . . 44.10

               c.    Express company . . . 157.88

               d.    Printer . . . 44.10

               e.    Sign painter . . . 33.08

               f.   Telemarketing . . . 44.10

               g.    Warehouse and storage . . . 44.10

               h.    Services other than listed . . . 44.10

      XXIX. TRANSPORTATION:

               Motor vehicles per hire, plus $12.50 per vehicle . . . 44.10
               (requirements of Chapter 24 of Code of Ordinances must be met)

               Motor vehicles per rent, plus $12.50 per vehicle . . . 44.10

      XXX. UNCLASSIFIED--Any person, firm or corporation doing business in the city
            or having agents or representatives established which is not specifically
            enumerated elsewhere in this article . . . 44.10

      XXXI. UTILITIES:

               a.    Telephone . . . 248.07

               b.    Telegraph . . . 44.10

               c.    Cable television . . . 227.57
AGENDA - June 11, 2007
Page 67

        XXXII. VEHICLES:

                a.   Detailing . . . 33.08

                b.   Painting . . . 44.10

                c.   Repairs (certificate required) . . . 44.10

                d.   Car wash . . . 44.10

                e.   Fuel station per nozzle or outlet . . . 7.88

                f.   Gasoline and oil distributor, per truck . . . 33.08

                g.   Towing service . . . 44.10

                h.   Window tinting . . . 44.10

                i.   Oil/fuel agent . . . 55.13

                Anything in the foregoing fee schedule notwithstanding, no license
                fee shall be imposed which would exceed, per license, the lesser of
                seven hundred fifty dollars ($750.00) or the maximum fee the city is
                permitted to levy under § 205.0535, Fla. Stat. (1993). If the fee which
                would otherwise be imposed by this section for a license exceeds the
                maximum fee set forth above, then the licensee shall be charged the
                maximum fee permitted hereunder for that license.

SECTION II.

If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is possible
to do so without destroying the overall intent and effect of this ordinance, the portion deemed
invalid or unenforceable shall be severed herefrom and the remainder of this ordinance shall
continue in full force and effect as if it were enacted without including the portion found to be
invalid or unenforceable.

SECTION III.

All ordinances or parts of ordinances which are in conflict with this ordinance are hereby repealed,
to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in
conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of
any of the conflicting ordinances, in which case those ordinances so affected shall be hereby
repealed in their entirety.

SECTION IV.

This ordinance shall become effective upon its passage and adoption according to law.
AGENDA - June 11, 2007
Page 68
       PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the day of                    , 2007.


                                              THE CITY OF LEESBURG, FLORIDA



                                              BY:
                                                    Mayor



Attest:
       City Clerk
06/11/07
AGENDA - June 11, 2007
Page 69




                             5E. AGENDA MEMORANDUM



MEETING DATE: June 11, 2007

FROM:                  Laura McElhanon, AICP, Community Development Director

SUBJECT:               Ordinance for annexation for Woodrell property



Staff Recommendation
The Planning staff recommends approval of the proposed annexation for the Woodrell property.

Analysis
The property owner has submitted an application for annexation of approximately 24 acres of land
generally located south of Park Holland Road, east of Picciola Road, as shown on the attached
General Location Map. The present zoning for this property is County R-6 (Urban Residential).
Currently, the property is undeveloped and the proposed use would be residential. The surrounding
zoning designations are to the east and west C-3 (Highway Commercial), to the north County R-6
(Urban Residential), and to the south County R-1 (Rural 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.

Police and fire services are presently provided in this area and impacts on the provision of these
services are estimated to be minimal.

The Annexation Agreement will require future rezoning to Planned Unit Development (PUD) by
the developer, which will be consistent with the City’s adopted Comprehensive Plan.

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:
AGENDA - June 11, 2007
Page 70
As indicated on the attached fiscal impact analysis, there will be a small negative impact in the first
year ($-352). Beginning in the 2nd year, the City will begin to realize a positive impact from the
collection of property taxes.

Submission Date and Time:              6/27/2011 12:49 PM____

 Department: Community Development      Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: Laura McElhanon, AICP
 Attachments:      Yes____ No ______    Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes___ No ____    Submitted by:
                                        City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 71

                                   ORDINANCE NO. ______

        AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
        ANNEXING CERTAIN REAL PROPERTY CONSISTING OF
        APPROXIMATELY 24 ACRES AND BEING GENERALLY LOCATED
        SOUTH OF PARK HOLLAND ROAD, EAST OF PICCIOLA ROAD,
        LYING IN SECTION 14, 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 1; AND PROVIDING AN
        EFFECTIVE DATE (WOODRELL).

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

Section 1.

        Based upon the petition of Frederick D. Woodrell, the trustee of 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:

       Commence at the Northwest corner of Government Lot 2, Section 14, Township
       19 South, Range 24 East, Lake County, Florida, run East along the North line of
       said Government Lot 2, a distance of 1584 feet to a concrete monument to the
       Point of Beginning of this description; run thence South 400 feet; thence continue
       South 470 feet, more or less, to a one-half inch diameter iron rod, eighteen inches in
       length, with plastic survey cap marked D. Melvin LS 4033, the top of said iron being
       set at ground level; thence continue South to a point on the South line of said
       Government Lot 2; thence West along said South line to a point which is 755 feet
       East of the West line of said Government Lot 2; thence North 438 feet; thence East
       399 feet to a point which is 1154 feet East of the West line of said Government Lot
       2; thence North 882 feet to the North line of said Government Lot 2; thence East
       to the Point of Beginning.
       ORB 2913 PG 542, Alt key #1772117

       And
AGENDA - June 11, 2007
Page 72
       Commence at the Northwest corner of Government Lot 2, Section 14, Township
       19 South, Range 24 East, Lake County, Florida, run East along the North line of
       said Government Lot 2, a distance of 1584 feet to a concrete monument; run thence
       South 400 feet to the Point of Beginning of this description; thence East 95 feet,
       more or less, parallel to the North line of said Government Lot 2, to a concrete
       monument (said concrete monument being at the Northwest corner of a tract of
       land conveyed to Milton Cowan Foard, M.D., and Beatriz Johnson Foard, his wife,
       by Walter C. Holland and Helen M. Holland, his wife, on May 22, 1964, recorded in
       Official Records Book 262, page 899, Public Records of Lake County, Florida; run
       thence South 00o18’30” West parallel with the West line of said Government Lot 2 a
       distance of 250 feet to a concrete monument; run thence East 40 feet to a concrete
       monument; run thence North 81o46’26” East, a distance of 393.99 feet to a concrete
       monument; run thence North 81o46’26” East (being the same course) to the waters
       of Lake Griffin; run thence Southerly along and with the waters of said Lake Griffin
       without regard to any artificial canals to a point on the South line of said
       Government Lot 2; run thence West along the South line of said Government Lot
       2, to a point which is South of the Point of Beginning; run thence North to a one-
       half inch diameter iron rod, eighteen inches in length, with plastic survey cap
       marked D. Melvin LS 4033, the top of said iron being set at ground level and being
       470 feet South of the said Point of Beginning; thence continue North 470 feet, more
       or less to the point of Beginning.
       ORB 2913 PG 545, Alt key #3561872

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 __________________, 2007.

                                                        THE CITY OF LEESBURG

                                                        By:_________________________________
                                                               Mayor
ATTEST:
AGENDA - June 11, 2007
Page 73
___________________________________
       City Clerk
06/11/07
AGENDA - June 11, 2007
Page 74




                            5.F.1. AGENDA MEMORANDUM



MEETING DATE: June 11, 2007

FROM:                  Laura McElhanon, AICP, Community Development Director

SUBJECT:               Ordinance for annexation for Musso-Spence property



Staff Recommendation
The Planning staff recommends approval of the proposed annexation for the Musso-Spence
property.

Analysis
The property owner submitted an application for annexation of approximately 20 acres of land
generally located south of Park Holland Road, east of Picciola Road, as shown on the attached
General Location Map. The present zoning for this property is County R-1 (Residential). 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.

Police and fire services are presently provided in this area and impacts on the provision of these
services are estimated to be minimal.

Also on the June 11, 2007 agenda is the first reading of an ordinance to rezone this property to
Planned Unit Development (PUD).

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 negative impact in the first
year ($-185). Beginning in the 2nd year, the City will begin to realize a positive impact from the
collection of property taxes.
AGENDA - June 11, 2007
Page 75

Submission Date and Time:              6/27/2011 12:49 PM____

 Department: Community Development      Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: Laura McElhanon, AICP
 Attachments:      Yes____ No ______    Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes___ No ____    Submitted by:
                                        City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 76
                                    ORDINANCE NO. ______

        AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
        ANNEXING CERTAIN REAL PROPERTY CONSISTING OF
        APPROXIMATELY 20 ACRES AND BEING GENERALLY LOCATED
        SOUTH OF PARK HOLLAND ROAD, EAST OF PICCIOLA ROAD,
        LYING IN SECTION 14, 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 1; AND PROVIDING AN
        EFFECTIVE DATE (MUSSO-SPENCE).

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

Section 1.

        Based upon the petition of Sally Musso, Trustee, the trustee of 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: 1289459 and 1772109


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
AGENDA - June 11, 2007
Page 77
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 __________________, 2007.

                                                     THE CITY OF LEESBURG

                                                     By:_________________________________
                                                            Mayor
ATTEST:

___________________________________
      City Clerk
AGENDA - June 11, 2007
Page 78
                                            EXHIBIT A

                                         Legal Description

From the Northwest corner of Government Lot 2, in Section 14, Township 19 South, range
24 East, run South along the West line of said Section for 20 feet; run thence East parallel to
the North line of said Government Lot 2 for 381.0 feet for the Point of Beginning. From
said Point of Beginning run South parallel to West line of said Section for 251.5 feet, thence
turn an angle to the West of 89°46’50” and run 381.0 feet to the West line of said Section,
run thence South along said West Section line for 1068 feet, more or less, to the South line
of Government Lot 2, run thence East along said South line for 775 feet, run thence North,
parallel to West line of said Section for 1320 feet, more or less, to a point that is 374 feet
East of the Point of Beginning. Run thence West 374 feet to the Point of Beginning. Less
the East 160 feet of the West 705 feet of the North 220 feet of said Government Lot 2.

And

The East 324 feet of the West 755 feet of the North 251.5 feet of the Southwest ¼ of the
Northwest ¼, Less the East 160 feet of the West 705 feet of the North 251.5 feet.

Less:

The South 72.5 feet of the East 160 feet of the West 705 feet of the North 292.5 feet of
Government Lot 2, in Section 14, Township 19 South, Range 24 East, Lake County, Florida.

Alt keys 1289459 and 1772109




06/11/07
AGENDA - June 11, 2007
Page 79


                                                5.F.2.
                                AGENDA MEMORANDUM


MEETING DATE: June 11, 2007

FROM:                   Laura McElhanon, AICP, Community Development Director

SUBJECT:                Ordinance for Rezoning for Sally Musso, Trustee



Staff Recommendation:
The Planning Commission and Planning staff recommend approval of the proposed rezoning for
the subject property from County R-1 (Residential) to City PUD (Planned Unit Development).

Analysis:
The project site is approximately 19.94 acres. The property is generally situated south of Park
Holland Road and east of Picciola Road, as shown on the attached General Location Map. The
present zoning for this property is County R-1 (Residential). Currently, the property is undeveloped
and the proposed use is single family townhomes. The surrounding zoning designations are all
County R-1 (Residential) to the east, City C-3 (Highway Commercial) to the south and west, and
County R-1 (Residential) and City C-3 (Highway Commercial) to the west, and City R-1 (Low
Density Residential) and R-3 (High Density Residential to the north.

The proposed zoning district of City PUD (Planned Unit Development) is compatible with adjacent
and nearby properties in the area and with the proposed City future land use designation of Estate
Density Residential.

The existing land uses surrounding the property are single family and undeveloped properties.

Development of the parcel shall require expansion of City utilities at the owner’s expense.

By a vote of 7 to 0, the Planning Commission recommended approval

Options:
1.    Approve the proposed rezoning to City PUD (Planned Unit Development), thereby allowing
      consistent zoning and development standards for the area.
2.    Disapprove the proposed rezoning.
3.    Other such action as the Commission may deem appropriate.

Fiscal Impact:
There is no fiscal impact to the City.
AGENDA - June 11, 2007
Page 80


Submission Date and Time:              6/27/11 12:49 PM____


 Department: Community Development      Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: Bill Wiley, AICP
 Attachments: Yes__X__ No ______        Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Newspapers:                            Submitted by:
 _________________________________      City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 81
                                  ORDINANCE NO. ______

       AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
       REZONING APPROXIMATELY 19.94 ACRES GENERALLY LOCATED
       SOUTH OF PARK HOLLAND ROAD AND EAST OF PICCIOLA ROAD,
       LYING IN SECTION 14, TOWNSHIP 19 SOUTH, RANGE 24 EAST,
       LAKE COUNTY, FLORIDA, FROM COUNTY R-1 (RESIDENTIAL) TO
       CITY PUD (PLANNED UNIT DEVELOPMENT);       SUBJECT TO
       CONDITIONS CONTAINED IN EXHIBIT A; AND PROVIDING AN
       EFFECTIVE DATE. (MUSSO/SPENCE)

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

Section 1.

        Based upon the petition of Sally Musso, Trustee, the owner of the property hereinafter
described, 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 said property located in
Lake County, Florida, is hereby rezoned from County R-1 (Residential) to City PUD (Planned Unit
Development), subject to conditions contained in Exhibit A, to-wit:

                                            Legal Description
                                             (See Exhibit B)

Alternate Key Numbers: 1289459 and 1772109

Section 2.

       This ordinance shall become effective upon its passage and adoption, according to law.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the    day of                      , 2007.

                                                     THE CITY OF LEESBURG

                                                     By: _________________________________
                                                            Mayor
ATTEST:

___________________________________
      City Clerk
AGENDA - June 11, 2007
Page 82
AGENDA - June 11, 2007
Page 83

CASE NO: 126-1-090706                                                                Exhibit A

                            MUSSO-SPENCE PROPERTY
                  REZONING TO PUD (PLANNED UNIT DEVELOPMENT)
                      PLANNED DEVELOPMENT CONDITIONS
                               MAY 24, 2007 (Revised)

This Planned Development Conditions for a PUD (Planned Unit Development) District is granted
by the City of Leesburg Planning Commission, Lake County, Florida to Sally Musso, Trustee
(Musso-Spence Property) "Permittee" for the purposes and subject to the terms and conditions as
set forth herein pursuant to authority contained in Chapter 25 Zoning, Section 25-278 Planned
Developments of the City of Leesburg Code of Ordinances, as amended.

BACKGROUND: The "Permittee" is desirous of obtaining a PUD (Planned Unit Development)
zoning district to allow construction of a proposed residential development comprised of a
residential subdivision consisting of a maximum of 34 single family town house residential units on
approximate 19.94 acres located south of Park Holland Road and east of Picciola Road, on a site
within the City of Leesburg in accordance with their PUD application and supplemental
information.

1.    PERMISSION is hereby granted to Sally Musso, Trustee (Musso-Spence Property) to
      construct, operate, and maintain a Planned Development in and on real property in the City
      of Leesburg. The property is more particularly described as follows:

      LEGAL DESCRIPTION:
      See attached legal Exhibit B.

2.    LAND USE
      The above-described property shall be used for mixed use residential development, pursuant to
      City of Leesburg development codes and standards and the Conceptual Development Plan
      dated July 26, 2006 as follows:
      A.    Residential Development
             1.    The project shall contain a maximum of 34 residential units on approximately
                   19.94 acres at a gross density for the residential areas not to exceed 4 units per
                   acre.

            2.     The minimum lot size shall be 3,450 square feet for single-family attached units.

            3.     Minimum lot widths shall be 30 feet for single-family attached units as shown for
                   various type lots on the Conceptual Development Plan. Minimum lot depth shall
                   be 115 feet.

            4.     The minimum yard setbacks shall be as shown on the Conceptual Development
                   Plan for the various types of units except as follows:

                   Front setback –20feet;
AGENDA - June 11, 2007
Page 84
               Rear setback –25 feet; and
               Side setbacks - minimum for townhomes of 0’ feet for common walls and 5 feet
               for other side setbacks shall be required.

            5.    Minimum distance between structures shall be 10 feet; measured from building
                  wall to building wall and the roof overhang shall not exceed two feet.

            6.    Corner lots shall have a minimum side yard setback of 15 feet from the public
                  right-of-way.

            7.    Accessory structures shall have a minimum rear and side setback of 5 feet and
                  single accessory structures that are not attached to the principal structure shall
                  not occupy more than 30 percent of the required rear yard.

            8.    An attached screened enclosure must maintain a minimum setback of five (5)
                  feet from the rear property line.

            9.    The Planning Commission as part of the preliminary plan approval process shall
                  have the ability to adjust final lot sizes and setbacks where necessary for the
                  proper design of the project based on the general intent of the PUD for various
                  type units.

            10.   Impervious surface coverage for single-family attached shall not exceed 65
                  percent for residential uses. Other types of development may exceed this
                  percentage; however, the overall project shall maintain open space of 30 percent.
            11.   Maximum building height shall not exceed two and one-half stories or 35 feet.
            12.   Permitted Uses:
                  a.    Single-family dwellings attached;
                  b.    Townhouses and condominium;
                  c.    Accessory structures;
                  d.    Temporary modular sales center and construction office until completion
                        project.
                  e.    All residential units shall be developed through a subdivision plat or
                        condominium instruments.

            13.   Based on the mix of housing types and lot sizes, this project complies with the
                  diversity of housing required by the City’s adopted Growth Management Plan,
                  Future Land Use Element, Goal I, and Objective 1.2.

       B.    Recreational Development
             1.   Recreational development provided on the site shall include active and passive
                  uses, as well as enclosed or un-enclosed recreational space, devoted to the
                  common use of the residents. Such recreation space shall consist of not less than
                  two hundred (200) square feet of space per dwelling unit. In computing usable
AGENDA - June 11, 2007
Page 85
               recreation space, the following items may be considered at one and twenty-five
               hundredths (1.25) times the actual area.
                  a.    Recreational activities such as play grounds, basket ball, tennis and hand ball
                        courts, etc.
                  b.    Developed recreational trails which provide access to the public trail system.
                  c.    Swimming pool, including the deck area which normally surrounds such
                        pools.
                  d.    Indoor recreation rooms provided such rooms are permanently maintained
                        for the use of residents for recreation.
             2.   Required stormwater areas and buffer areas shall not be considered as recreational
                  space except for areas developed as recreational trails which provide access to the
                  public trail system.
             3.    Within each respective community, the single family community and the town-
                  home community, sidewalks or trails or a combination thereof shall be provided
                  throughout the communities to provide pedestrian access from all residences to all
                  amenities.
             4.       Recreational vehicle parking shall be restricted through deed
                  restrictions/covenants which shall prohibit unenclosed parking within the
                  development unless an approved designated area is provided. If provided, the area
                  shall be buffered and final location will be determined by staff as part of the
                  Preliminary Subdivision approval process.
       C.    The commercial use of a sales office and/or model center shall be a permitted use as
             long as it is specifically related to the PUD residential development of the site.
       D.    Open Space and Buffer Areas
            1.    All wetlands on the project site shall be identified and the location and extent of
                  each wetland shall be determined by St. Johns River Water Management District
                  and/or U.S. Army Corp of Engineers. Each wetland shall be placed on a suitable
                  map, signed and sealed by a surveyor registered to practice in Florida and shall be
                  submitted as part of the preliminary plan application.
            2.    Buildings or structures shall be a minimum of 50 feet from any wetland jurisdiction
                  boundary.
            3.    Wetlands shall have a minimum upland buffer as established by St. Johns River
                  Water Management District and/or U.S. Army Corp of Engineers; whichever is
                  more restrictive. All upland buffers shall be naturally vegetated and upland buffers
                  that are devoid of natural vegetation shall be re-planted with native vegetation or
                  as required by St. Johns River Water Management District and/or U.S. Army Corp
                  of Engineers.
            4.    Land uses allowed within the upland buffers are limited to hiking trails, walkways,
                  passive recreation activities and stormwater facilities as permitted by St. Johns
                  River Water Management District.
AGENDA - June 11, 2007
Page 86
          5.      If wetland alteration is permitted by St. Johns River Water Management District
                  and/or U.S. Army Corp of Engineers, wetland mitigation shall be required in
                  accordance with permit approvals from St. Johns River Water Management
                  District or U.S. Army Corp of Engineers, whichever is more restrictive.
          6.      A wildlife/historical/archaeological management plan for the project site shall be
                  prepared based on the results of an environmental assessment of the site and any
                  environmental permit required from applicable governmental agencies. The
                  management plan shall be submitted to the City as part of the preliminary plan
                  application. The Permittee shall designate a responsible legal entity that shall
                  implement and maintain the management plan.
          7.      To the extent practical, wetlands shall be placed in a conservation easement, which
                  shall run in favor of, and be enforceable by, St. Johns River Water Management
                  District or another legal entity such as a homeowners association. The
                  conservation easement shall require that the wetlands be maintained in their
                  natural and unaltered state. Wetlands shall not be included as a part of any platted
                  lot, other than a lot platted as a common area, which shall be dedicated to St.
                  Johns River Water Management District or another legal entity such as a
                  homeowners association for ownership and maintenance.
          8.      Landscaping of the required buffer areas shall be as follows:
                  For each one hundred (100) linear feet, or fraction thereof, of boundary, the
                  following plants shall be provided in accordance with the planting standards and
                  requirements of the Land Development Code.
                  a. Two (2) canopy trees

                  b. Two (2) ornamental trees

                  c.   Thirty (30) shrubs

               d. The remainder of the buffer area shall be landscaped with grass,
                  groundcover, and/or other landscape treatment.

                  e.   Existing vegetation in the required buffer shall be protected during
                       construction.

          9.      A minimum twenty-five (25) foot natural buffer shall be adjacent to the eastern
                  property line. From the cul-de-sac south, this buffer may be replaced by a six
                  foot (6) wall or solid fence.
     E.   Development Phasing
          1.      The proposed project may be constructed in phases in accordance with the
                  Planned Unit Development Master Plan. Changes to the Development Plan, other
                  than those conditions described in this agreement, shall be revised in accordance
                  with the Planned Unit Development review process.
          2.      Implementation of the project shall substantially commence within 24 months of
                  approval of this Planned Development. In the event, the conditions of the PUD
AGENDA - June 11, 2007
Page 87
               have not been implemented during the required time period, the PUD shall be
               scheduled with due notice for reconsideration by the Planning Commission at their
               next available regular meeting. The Planning Commission will consider whether to
               extend the PUD approval or rezone the property to RE-1 (Estate Density
               Residential) or another appropriate zoning classification less intense than the
               development permitted by these PUD Conditions.
AGENDA - June 11, 2007
Page 88
3.   STORMWATER MANAGEMENT / UTILITIES
     Prior to receiving final development approval, the Permittee shall submit a stormwater
     management plan and utility plan acceptable to the City of Leesburg. Water, wastewater and
     natural gas services will be provided by the City of Leesburg. Prior to any clearing, grubbing, or
     disturbance of natural vegetation in any phase of the development, the Permittee shall provide:
     A.    A detailed site plan that demonstrates no direct discharge of stormwater runoff generated
           by the development into any wetlands or onto adjacent properties.
     B.    A stormwater management system designed and implemented to meet all applicable St.
           Johns River Water Management District and City of Leesburg requirements.
     C.    A responsible legal entity for the maintenance of the stormwater management system on
           the plat prior to the approval of the final plat of record. A homeowners association is an
           acceptable maintenance entity.
     D.    The 100-year flood plain shown on all plans and lots.
     E.    The appropriate documentation that any flood hazard boundary has been amended in
           accordance with Federal Emergency Management Agency requirements, if the 100 year
           flood plain is altered and /or a new 100 year flood elevation is established in reference to
           the applicable flood insurance rate map.
     F.    A copy of the Management and Storage of Surface Waters permit obtained from St.
           Johns River Water Management District.
     G.    A detailed site plan that indicates all the provisions for electric, water, sewer, and/or
           natural gas in accordance with the City of Leesburg Land Development Codes.
     H.    Developer shall bear all responsibility, financial and otherwise, for the construction and
           installation of utility infrastructure and other improvements related to the use and
           development of the property including such off site improvements required by the City,
           all of which shall be constructed to the applicable specifications imposed by the
           ordinances and regulations of the City in effect at the time of construction.
     I.    Developer shall be responsible for the installation of a natural gas water heater and
           natural gas furnace in eighty percent (80%) of all homes in the development.
4.   TRANSPORTATION IMPROVEMENTS
     A.    Vehicular access to the project site shall be provided by a minimum of one access point
           along Park Holland Road. Actual location and design of the access shall be determined
           during the Preliminary Subdivision Plan review process and shall include consideration of
           sidewalks, recreation paths etc.
     B.    The Permittee shall provide all necessary improvements/right-of-way/signalization
           within and adjacent to the development as required by Lake County and City of
           Leesburg.
     C.    All roads within the development shall be designed and constructed by the developer to
           meet the City of Leesburg requirements.
     D.    Sidewalks shall be provided on both sides of the local internal roads and shall provide
           cross connections to all recreation and residential areas. Internal road rights-of-ways shall
AGENDA - June 11, 2007
Page 89
         be of sufficient width to contain the sidewalks. All sidewalks shall be constructed in
         accordance with City of Leesburg Codes.
      E.    The Permittee shall be responsible for obtaining all necessary Lake County permits and a
            copy of all permits shall be provided to the City of Leesburg prior to construction plan
            approval.
      F.    The City of Leesburg will not be responsible for the maintenance or repair of any of the
            roads or transportation improvements unless specifically accepted by formal action of the
            City Commission. The town home community may provide for private roads. The
            Permittee shall establish an appropriate legal entity that will be responsible to pay the cost
            and perform the services to maintain the roads and transportation improvements.
      G.    Should the Permittee desire to dedicate the proposed project’s internal road system to the
            City of Leesburg; the City, at its discretion, may accept or not accept the road system.
            Prior to acceptance, the Permittee shall demonstrate to the City the road system is in
            suitable condition and meets City of Leesburg requirements. As a condition of accepting
            the roadway system the City may create a special taxing district or make other lawful
            provisions to assess the cost of maintenance of the system to the residents of the project,
            and may require bonds or other financial assurance of maintenance for some period of
            time.
      H.    A traffic/transportation review shall be done as part of the preliminary plan approval
            process to determine any necessary access improvements. Said improvements will be the
            responsibility of the Permittee.
5.    DESIGN REQUIREMENTS
      A.    Residential Development
            1.   Building Design
                 a.    All buildings shall utilize at least three of the following design features to
                       provide visual relief along all elevations of the building:
                       1)    Dormers
                       2)    Gables
                       3)    Recessed entries
                       4)    Covered porch entries
                       5)    Cupolas
                       6)    Pillars or posts
                       7)    Bay window (minimum 12 inch projections)
                       8)    Eaves (minimum 6-inch projections)
                       9)    Repetitive windows with minimum 4-inch trim.

      B.   Exterior building materials contribute significantly to the visual impact of a building on
           the community. They shall be well designed and integrated into a comprehensive design
AGENDA - June 11, 2007
Page 90
        style for the project. The total exterior wall area of each building elevation shall be
        composed of one of the following:
           1.     At least thirty-five percent (35%) full-width brick or stone (not including window
                  and door areas and related trim areas), with the balance being any type of lap siding
                  and/or stucco.

           2.     At least thirty percent (30%) full-width brick or stone, with the balance being
                  stucco and/or a “cementitious” lap siding. (A “cementitious” lap siding product
                  is defined as a manufactured strip siding composed of cement-based materials
                  rather than wood fiber-based or plastic-based materials. For example, Masonite
                  or vinyl lap siding would not be allowed under this option.).

           3.     All textured stucco, provided there are unique design features such as recessed
                  garages, tile or metal roofs, arched windows etc. in the elevations of the buildings
                  or the buildings are all brick stucco. Unique design features shall be reviewed by
                  the Planning and Zoning Manager for compliance.

      C.   Other similar design variations meeting the intent of this section may be approved by
           the Planning and Zoning Manager.

6.    MISCELLANEOUS CONDITIONS
      A.    The uses of the proposed project shall only be those uses identified in the approved
            Planned Development Conditions. Any other proposed use must be specifically
            authorized by the Planning Commission in accordance with the Planned Development
            amendment process.
      B.    No person, firm or corporation shall erect, construct, enlarge, alter, repair, remove,
            improve, move, convert, or demolish any building structure, or alter the land in any
            manner without first submitting the necessary plans and obtaining appropriate approvals
            in accordance with the City of Leesburg Codes.
      C.    Construction and operation of the proposed use(s) shall at all times comply with City and
            other governmental agencies rules and regulations.
      D.    The transfer of ownership or lease of any or all of the property described in this PUD
            Agreement shall include in the transfer or lease agreement, a provision that the purchaser
            or lessee is made good and aware of the conditions pertaining to the Planned
            Development established and agrees to be bound by these conditions. The purchaser or
            lessee may request a change from the existing plans and conditions by following the
            procedures as described in the City of Leesburg Land Development Code, as amended.
      E.   These PUD Conditions shall inure to the benefit of, and shall constitute a covenant
           running with the land and the terms, conditions, and provisions hereof, and shall be
           binding upon the present owner and any successor, and shall be subject to each and every
           condition herein set out.
      F.   Any violation of City, State or Federal laws or permit requirements concerning the
           development of this project will constitute a violation of this permit and will result in all
           activities on the project site being halted until the violation is satisfactorily resolved and
AGENDA - June 11, 2007
Page 91
        may result in a hearing before the Planning Commission to determine whether a change
        in the conditions of this PUD are necessary.

7.    CONCURRENCY

      The proposed land use change or approval would result in demands on public facilities which
      would exceed the current capacity of some public facilities, such as, but not limited to roads,
      sewage, water supply, drainage, solid waste, parks and recreation, schools and emergency
      medical facilities. However, no final development order (building permits) shall be granted for
      a proposed development until there is a finding that all public facilities and services required
      for the development have sufficient capacity at or above the adopted level of service (LOS) to
      accommodate the impacts of the development, or that improvements necessary to bring
      facilities up to their adopted LOS will be in place concurrent with the impacts of the
      development.
AGENDA - June 11, 2007
Page 92

                                            EXHIBIT B

                                         Legal Description


CASE #:126-1-090706


From the Northwest corner of Government Lot 2, in Section 14, Township 19
South, range 24 East, run South along the West line of said Section for 20 feet; run
thence East parallel to the North line of said Government Lot 2 for 381.0 feet for
the Point of Beginning. From said Point of Beginning run South parallel to West
line of said Section for 251.5 feet, thence turn an angle to the West of 89°46’50” and
run 381.0 feet to the West line of said Section, run thence South along said West
Section line for 1068 feet, more or less, to the South line of Government Lot 2, run
thence East along said South line for 775 feet, run thence North, parallel to West line
of said Section for 1320 feet, more or less, to a point that is 374 feet East of the
Point of Beginning. Run thence West 374 feet to the Point of Beginning. Less the
East 160 feet of the West 705 feet of the North 220 feet of said Government Lot 2.

And

The East 324 feet of the West 755 feet of the North 251.5 feet of the Southwest ¼
of the Northwest ¼, Less the East 160 feet of the West 705 feet of the North 251.5
feet.

Less:

The South 72.5 feet of the East 160 feet of the West 705 feet of the North 292.5 feet
of Government Lot 2, in Section 14, Township 19 South, Range 24 East, Lake
County, Florida.

Alt keys 1289459 and 1772109
AGENDA - June 11, 2007
Page 93

                                  Exhibit C
                         Conceptual Development Plan




06/11/07
AGENDA - June 11, 2007
Page 94




                            5.G.1. AGENDA MEMORANDUM



MEETING DATE: June 11, 2007

FROM:                  Laura McElhanon, AICP, Community Development Director

SUBJECT:               Ordinance for annexation for Teeter property



Staff Recommendation
The Planning staff recommends approval of the proposed annexation for the Teeter property.

Analysis
The property owner submitted an application for annexation of approximately 23 acres of land
generally located north of SR 44, west of CR 468, as shown on the attached General Location Map.
The present zoning for this property is R-6 (Urban Residential). Currently, the property is
undeveloped and the proposed use of the site is for commercial and industrial uses. The
surrounding zoning designations are County A (Agriculture) to the north, County R-6 (Residential)
to the west, City M-1 (Industrial) to the east, and County HM (Heavy Industrial) and LM (Light
Industrial), and City M-1 (Industrial) to the south.

Staff evaluated the area relative to additional property that could be annexed into the City to allow
for amore 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.

Police and fire services are presently provided in this area and impacts on the provision of these
services are estimated to be minimal.

Also on the June 11, 2007 agenda is the first reading of an ordinance to rezone this property to M-1
(Industrial).

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
AGENDA - June 11, 2007
Page 95


Fiscal Impact:
As indicated on the attached fiscal impact analysis, there will be a positive impact beginning in the
first year ($7,994).

Submission Date and Time:              6/27/2011 12:49 PM____

 Department: Community Development      Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: Laura McElhanon, AICP
 Attachments:      Yes____ No ______    Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes___ No ____    Submitted by:
                                        City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 96
                                    ORDINANCE NO. ______

        AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
        ANNEXING CERTAIN REAL PROPERTY CONSISTING OF
        APPROXIMATELY 23 ACRES AND BEING GENERALLY LOCATED
        NORTH OF SR 44, WEST OF CR 468, LYING IN SECTION 29,
        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 (TEETER).

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

Section 1.

        Based upon the petition of Robert Teeter and Kay Teeter Baldwin, the owners of 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: 1176042

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.
AGENDA - June 11, 2007
Page 97
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 __________________, 2007.

                                                   THE CITY OF LEESBURG

                                                   By:_________________________________
                                                          Mayor
ATTEST:

___________________________________
      City Clerk
AGENDA - June 11, 2007
Page 98
                                         Exhibit A
                                    LEGAL DESCRIPTION

The NW ¼ of the NE ¼ , lying North of Highway (S.R. 44) of Section 29, Township 19 South,
Range 24 East, Lake County, Florida

Alternate Key Number: 1176042



06/11/07
AGENDA - June 11, 2007
Page 99


                                               5.G.2.
                                AGENDA MEMORANDUM


MEETING DATE: June 11, 2007

FROM:                   Laura McElhanon, AICP, Community Development Director

SUBJECT:                Ordinance for Rezoning for Robert Teeter and Kay Teeter Baldwin



Staff Recommendation:
The Planning Commission and Planning staff recommend approval of the proposed rezoning for
the subject property from County R-6 (Urban Residential) to City M-1 (Industrial).

Analysis:
The project site is approximately 23 acres. The property is generally situated north of SR 44, west of
CR 468, as shown on the attached General Location Map. The present zoning for this property is R-
6 (Urban Residential). Currently, the property is undeveloped and the proposed use of the site is for
commercial and industrial uses. The surrounding zoning designations are County A (Agriculture) to
the north, County R-6 (Residential) to the west, City M-1 (Industrial) to the east, and County HM
(Heavy Industrial) and LM (Light Industrial), and City M-1 (Industrial) to the south.

The proposed zoning district of City M-1 (Industrial) is compatible with adjacent and nearby
properties in the area and with the proposed City future land use designation of City Industrial.

The existing land uses surrounding the property are office/industrial parks and undeveloped
properties.

Development of the parcel shall require expansion of City utilities at the owner’s expense.

By a vote of 6 to 0, the Planning Commission recommended approval.

Options:
1.    Approve the proposed rezoning to City M-1 (Industrial), thereby allowing consistent zoning
      and development standards for the area.

2.      Such other action as the Commission may deem appropriate.

Fiscal Impact:
There is no fiscal impact to the City.
AGENDA - June 11, 2007
Page 100
Submission Date and Time:              6/27/11 12:49 PM____


 Department: Community Development      Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: Bill Wiley, AICP
 Attachments: Yes__X__ No ______        Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Newspapers:                            Submitted by:
 _________________________________      City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 101
                                  ORDINANCE NO. ______

       AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
       REZONING APPROXIMATELY 23 ACRES GENERALLY LOCATED
       NORTH OF SR 44, WEST OF CR 468, LYING IN SECTION 29,
       TOWNSHIP 19 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA,
       FROM COUNTY R-6 (URBAN RESIDENTIAL) TO CITY M-1
       (INDUSTRIAL); AND PROVIDING AN EFFECTIVE DATE. (TEETER)

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

Section 1.

       Based upon the petition of Robert Teeter and Kay Teeter Baldwin, the owners of the
property hereinafter described, 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
said property located in Lake County, Florida, is hereby rezoned from County R-6 (Urban
Residential) to City M-1 (Industrial), to-wit:

                                            Legal Description
                                             (See Exhibit A)

       Alternate Key Number: 1176042

Section 2.

       This ordinance shall become effective upon its passage and adoption, according to law.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the    day of                      , 2007.

                                                     THE CITY OF LEESBURG

                                                     By: _________________________________
                                                            Mayor
ATTEST:

___________________________________
      City Clerk
AGENDA - June 11, 2007
Page 102


CASE NO: 119-4-090706

                                         Exhibit A
                                    LEGAL DESCRIPTION

The NW ¼ of the NE ¼ , lying North of Highway (S.R. 44) of Section 29, Township 19 South,
Range 24 East, Lake County, Florida

Alternate Key Number: 1176042




06/11/07
AGENDA - June 11, 2007
Page 103




                             5H. AGENDA MEMORANDUM



MEETING DATE: June 11, 2007

FROM:                  Laura McElhanon, AICP, Community Development Director

SUBJECT:               Ordinance for annexation for Lafayette Square



Staff Recommendation
The Planning staff recommends approval of the proposed annexation for the Lafayette Square
property.

Analysis
The property owner submitted an application for annexation of approximately 92.11 acres of land
generally located at the terminus of Cabballo Road, south of Youngs Road and El Rancho Drive, as
shown on the attached General Location Map. The present zoning for this property is A
(Agriculture). Currently, the property is undeveloped and the proposed use of the site is for
commercial and industrial uses. The surrounding zoning designations are County A (Agriculture) to
the north and west and County P (Public) to the south and the east.

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.

Police and fire services are presently provided in this area and impacts on the provision of these
services are estimated to be minimal.

The Annexation Agreement will require future rezoning to Planned Unit Development (PUD) by
the developer, which will be consistent with the City’s adopted Comprehensive Plan.

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
AGENDA - June 11, 2007
Page 104


Fiscal Impact:
As indicated on the attached fiscal impact analysis, there will be a small negative impact in the first
year (-$497) and beginning in year 2 the impact will become positive with the collection of property
taxes.

Submission Date and Time:              6/27/2011 12:49 PM____

 Department: Community Development      Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: Laura McElhanon, AICP
 Attachments:      Yes____ No ______    Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes___ No ____    Submitted by:
                                        City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 105
                                   ORDINANCE NO. ______

        AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
        ANNEXING CERTAIN REAL PROPERTY CONSISTING OF
        APPROXIMATELY 92.11 ACRES AND BEING GENERALLY LOCATED
        AT THE TERMINUS OF CABBALLO ROAD, SOUTH OF YOUNGS
        ROAD AND EL RANCHO DRIVE, LYING IN SECTION 33, 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 (LAFAYETTE SQUARE).

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

Section 1.

        Based upon the petition of DeBrock Properties, the owners of 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:
Lafayette Square legal description:

       The Southeast ¼ of the Northeast ¼ of Section 33, Township 19 South, Range 24
       East, Lake County, Florida; less the North 25.00 feet thereof;

       And

       The Southwest ¼ of the Northeast ¼ of Section 33, Township 19 South, Range 24
       East, Lake County, Florida; less the West 532.28 feet of the East 570.00 feet of the
       North 510.00 feet of the Southwest ¼ of the Northeast ¼ of Section 33, Township
       19 South, Range 24 East, Lake County, Florida.

       And

       The East ½ of the Southeast ¼ of the Northwest ¼ of Section 33, Township 19
       South, Range 24 East, Lake County, Florida.

       alt key 1293103
AGENDA - June 11, 2007
Page 106

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 __________________, 2007.

                                                        THE CITY OF LEESBURG

                                                        By:_________________________________
                                                               Mayor
ATTEST:

___________________________________
      City Clerk

06/11/07
AGENDA - June 11, 2007
Page 107




                            5.I.1. AGENDA MEMORANDUM



MEETING DATE: June 11, 2007

FROM:                  Laura McElhanon, AICP, Community Development Director

SUBJECT:               Ordinance for annexation for Price property



Staff Recommendation
The Planning staff recommends approval of the proposed annexation for the Price property.

Analysis
The property owner submitted an application for annexation of approximately 20 acres of land
generally located south of CR 48, west of No. 2 Road, as shown on the attached General Location
Map. The present zoning for this property is County A (Agriculture). The property is currently
undeveloped and the proposed use of the site is for residential development. The surrounding
zoning designations are County A (Agriculture) to the east, south, and City PUD (Planned Unit
Development) to the north and west.

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.

Police and fire services are presently provided in this area and impacts on the provision of these
services are estimated to be minimal.

The Annexation Agreement will require future rezoning to Planned Unit Development (PUD) by
the developer, which will be consistent with the City’s adopted Comprehensive Plan.

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
AGENDA - June 11, 2007
Page 108

Fiscal Impact:
As indicated on the attached fiscal impact analysis, there will be a small positive impact in the first
year ($161) and beginning in year 2 the positive impact will increase with the collection of property
taxes.

Submission Date and Time:              6/27/2011 12:49 PM____

 Department: Community Development      Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: Laura McElhanon, AICP
 Attachments:      Yes____ No ______    Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes___ No ____    Submitted by:
                                        City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 109
                                    ORDINANCE NO. ______

        AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
        ANNEXING CERTAIN REAL PROPERTY CONSISTING OF
        APPROXIMATELY 20 ACRES AND BEING GENERALLY LOCATED
        SOUTH OF CR 48, WEST OF NO. 2 ROAD, LYING IN SECTION 18,
        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 3;
        AND PROVIDING AN EFFECTIVE DATE (PRICE).

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

Section 1.

        Based upon the petition of Barberella, Ossie Young Price, et al, the owners of 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: 1208718, 1208734, 3760263, 2720778, 3760255, 2597097 &
        1780055

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.
AGENDA - June 11, 2007
Page 110

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 __________________, 2007.

                                                   THE CITY OF LEESBURG

                                                   By:_________________________________
                                                          Mayor
ATTEST:

___________________________________
      City Clerk
AGENDA - June 11, 2007
Page 111
                                            Exhibit A
                                       LEGAL DESCRIPTION

N 209 FT OF E 209 FT OF NW 1/4 OF E ½ OF GOV LOT 3 IN SECTION 18, TOWNSHIP
20 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA.

ALT KEY #1208734

AND

E 200 FT OF W 230 FT OF S 365 FT ALSO W 70 FT OF E 365 FT ON 255 FT OF S 620 FT,
ALL BEING IN SW 1/4 OF E 1320 FT OF GOV LOT 2 LYING N OF RR

AND

S 225 FT OF N 295 FT OF W 295 FT OF SW 1/4 OF SE 1/4 OF NW 1/4 ORB 748 PG 712,
ORB 1117 PG 257

AND

Parcel #1: West 330 feet of East 660 feet of North 660 feet of Government Lot 3, Section 18,
Township 20 South, Range 25 East, also known as the West ½ of the Northeast 1/4 of the
Northeast 1/4 of Southwest 1/4 of Section 18, Township 20 South, Range 25 East, lying in Lake
County, Florida.

AND

The North 295.00 feet of the East 295.00 feet of the Southwest 1/4 of the Southeast 1/4 of the
Northwest 1/4, and the North 40.00 feet, LESS the East 295.00 feet, of the Southwest 1/4 of the
Southeast 1/4 of the Northwest 1/4 of Section 18, Township 20 South, Range 25 East, Lake
County, Florida.

AND

The East 430 feet of the South 365 feet of the SW 1/4 of the East 1320 feet of Government Lot 2,
in Section 18, Township 20 South, Range 25 East, Lake County, Florida.

AND

The North ½ of the Northwest 1/4 of the Northeast 1/4 of the Southwest 1/4 of Section 18,
Township 20 South, Range 25 East, Lake County, Florida.

Alternate Key Numbers: 1208718, 1208734, 3760263, 2720778, 3760255, 2597097 &
1780055


06/11/07
AGENDA - June 11, 2007
Page 112


                                                5.I.2.
                                AGENDA MEMORANDUM


MEETING DATE: June 11, 2007

FROM:                   Laura McElhanon, AICP, Community Development Director

SUBJECT:                Ordinance for Rezoning for Barberella, Ossie Young Price, ET AL.



Staff Recommendation:
The Planning Commission and Planning staff recommends approval of the proposed rezoning for
the subject property from County A (Agriculture) to City RE-1 (Estate Residential).

Analysis:
The project site is approximately 20 acres. The property is generally situated south of CR 48, west
of No. 2 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 of
the site is for residential development. The surrounding zoning designations are County A
(Agriculture) to the east, south, and City PUD (Planned Unit Development) to the north and west.

The proposed zoning district of City RE-1 (Estate Residential) is compatible with adjacent and
nearby properties in the area and with the proposed City future land use designation of City Estate
Residential. However, the Annexation Agreement requires rezoning to a Planned Development
District by the developer prior to development.

The existing land uses surrounding the property are undeveloped properties.

Development of the parcel shall require expansion of City utilities at the owner’s expense.

By a vote of 7 to 0, the Planning Commission recommended approval

Options:
1.    Approve the proposed rezoning to City RE-1 (Estate Residential), thereby allowing
      consistent zoning and development standards for the area.
2.    Other such action as the Commission may deem appropriate.

Fiscal Impact:
There is no fiscal impact to the City.
AGENDA - June 11, 2007
Page 113
Submission Date and Time:              6/27/11 12:49 PM____




 Department: Community Development      Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: Bill Wiley, AICP
 Attachments: Yes__X__ No ______        Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Newspapers:                            Submitted by:
 _________________________________      City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 114
                                  ORDINANCE NO. ______

       AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
       REZONING APPROXIMATELY 20 ACRES GENERALLY LOCATED
       SOUTH OF CR 48, WEST OF NO. 2 ROAD, LYING IN SECTION 18,
       TOWNSHIP 20 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA,
       FROM COUNTY A (AGRICULTURE) TO CITY RE-1 (ESTATE
       RESIDENTIAL); AND PROVIDING AN EFFECTIVE DATE. (PRICE)

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

Section 1.

        Based upon the petition of Barberella, Ossie Young Price, et al, the owners of the property
hereinafter described, 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 said property
located in Lake County, Florida, is hereby rezoned from County A (Agriculture) to City RE-1
(Estate Residential), to-wit:

                                            Legal Description
                                             (See Exhibit A)

       Alternate Key Numbers: 1208718, 1208734, 3760263, 2720778, 3760255, 2597097 &
       1780055


Section 2.

       This ordinance shall become effective upon its passage and adoption, according to law.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the    day of                      , 2007.

                                                     THE CITY OF LEESBURG

                                                     By: _________________________________
                                                            Mayor
ATTEST:

___________________________________
      City Clerk
AGENDA - June 11, 2007
Page 115



CASE NO: 142-4-090706

                                            Exhibit A
                                       LEGAL DESCRIPTION

N 209 FT OF E 209 FT OF NW 1/4 OF E ½ OF GOV LOT 3 IN SECTION 18, TOWNSHIP
20 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA.

ALT KEY #1208734

AND

E 200 FT OF W 230 FT OF S 365 FT ALSO W 70 FT OF E 365 FT ON 255 FT OF S 620 FT,
ALL BEING IN SW 1/4 OF E 1320 FT OF GOV LOT 2 LYING N OF RR

AND

S 225 FT OF N 295 FT OF W 295 FT OF SW 1/4 OF SE 1/4 OF NW 1/4 ORB 748 PG 712,
ORB 1117 PG 257

AND

Parcel #1: West 330 feet of East 660 feet of North 660 feet of Government Lot 3, Section 18,
Township 20 South, Range 25 East, also known as the West ½ of the Northeast 1/4 of the
Northeast 1/4 of Southwest 1/4 of Section 18, Township 20 South, Range 25 East, lying in Lake
County, Florida.

AND

The North 295.00 feet of the East 295.00 feet of the Southwest 1/4 of the Southeast 1/4 of the
Northwest 1/4, and the North 40.00 feet, LESS the East 295.00 feet, of the Southwest 1/4 of the
Southeast 1/4 of the Northwest 1/4 of Section 18, Township 20 South, Range 25 East, Lake
County, Florida.

AND

The East 430 feet of the South 365 feet of the SW 1/4 of the East 1320 feet of Government Lot 2,
in Section 18, Township 20 South, Range 25 East, Lake County, Florida.

AND

The North ½ of the Northwest 1/4 of the Northeast 1/4 of the Southwest 1/4 of Section 18,
Township 20 South, Range 25 East, Lake County, Florida.

Alternate Key Numbers: 1208718, 1208734, 3760263, 2720778, 3760255, 2597097 &
1780055
AGENDA - June 11, 2007
Page 116

06/11/07
AGENDA - June 11, 2007
Page 117




                            5.J.1. AGENDA MEMORANDUM



MEETING DATE: June 11, 2007

FROM:                  Laura McElhanon, AICP, Community Development Director

SUBJECT:               Ordinance for annexation of Merritt and Janney properties



Staff Recommendation
The Planning staff recommends approval of the proposed annexation of the Merritt and Janney
properties.

Analysis
The property owner submitted an application for annexation of approximately 963 acres of land
generally located south of CR 48, east of Sumter County Line, 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 of the site is for residential development. The
surrounding zoning designations are County A (Agriculture) to the east, south, north and west, City
PUD (Planned Unit Development) to the east, and County CFD (Community Facility District) to
the west.

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.

Police and fire services are presently provided in this area and impacts on the provision of these
services are estimated to be minimal.

The Annexation Agreement will require future rezoning to Planned Unit Development (PUD) by
the developer, which will be consistent with the City’s adopted Comprehensive Plan.

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
AGENDA - June 11, 2007
Page 118

Fiscal Impact:
As indicated on the attached fiscal impact analysis, there will be a small positive impact in the first
year ($976) and beginning in year 2 the positive impact will increase with the collection of property
taxes.

Submission Date and Time:              6/27/2011 12:49 PM____

 Department: Community Development      Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: Laura McElhanon, AICP
 Attachments:      Yes____ No ______    Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes___ No ____    Submitted by:
                                        City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 119
                                    ORDINANCE NO. ______

        AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
        ANNEXING CERTAIN REAL PROPERTY CONSISTING OF
        APPROXIMATELY 963 ACRES AND BEING GENERALLY LOCATED
        SOUTH OF CR 48, EAST OF SUMTER COUNTY LINE, LYING IN
        SECTIONS 7, 8, 17, AND 18, TOWNSHIP 21 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 (MERRITT AND JANNEY).

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

Section 1.

         Based upon the petitions of Jeri D., John C. and Terrance B. Merritt and A.C. Janney, Center
Hill Farms Inc., the owners of 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:

                        See Exhibit A – Merritt property legal description
                        See Exhibit B – Janney property legal description

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.
AGENDA - June 11, 2007
Page 120
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 __________________, 2007.

                                                   THE CITY OF LEESBURG

                                                   By:_________________________________
                                                          Mayor
ATTEST:

___________________________________
      City Clerk
AGENDA - June 11, 2007
Page 121
                                          EXHIBIT A
                                         Merritt property
                                        Legal Description


   TRACT A
   Parcel:

   1. The Southeast One-Quarter (SE1/4) of the Northeast One-Quarter (NE1/4) of Section 7,
   Township 21 South, Range 24 East, Lake County, Florida.

   2. The Southwest One- Quarter (SW1/4) of the Northwest One-Quarter (NW1/4) of Section 8,
   Township 21 South, Range 24 East, Lake County, Florida.

   3. The S 1 / 2 of the SE 1 / 4 of the NW 1 / 4 of Section 8, Township 21 South, Range 24 East,
   Lake County, Florida.

   4. The North One-Half (N1/2) of the Southeast One-Quarter (SE1/4) of the Northwest One-
   Quarter (NW1/4) of Section 8, Township 21 South, Range 24 East, Lake County, Florida.

   5. The Northeast One-Quarter (NE1/4) of the Northwest One-Quarter (NW1/4) of Section 8,
   Township 21 South, Range 24 East, Lake County, Florida.

   Less and Except the following described tract:

   Begin at the Southwest corner of the Northwest Quarter of the Northeast Quarter of Section 8,
   Township 21 South, Range 24 East, Lake County, Florida, run South 89 degrees 06 minutes 40
   seconds West along the South line of the Northeast Quarter of the Northwest Quarter of
   Section 8 for 22.02 feet; thence North 75 degrees 19 minutes 10 seconds West for 320.79 feet;
   thence North 0 degrees 52 minutes 55 seconds West for 576.86 feet; thence North 89 degrees 04
   minutes 35 seconds East for 331.02 feet; thence North 89 degrees 11 minutes 38 seconds East
   for 785.31 feet to a point located 25 feet from the centerline of a county road and a point hereby
   designated as Point “A”. Return to POINT OF BEGINNING and run North 89 degrees 11
   minutes 22 seconds East for 878.44 feet to a point located 25 feet from the centerline of a
   county road; thence North 05 degrees 54 minutes 42 seconds East, along said county road for
   201.20 feet to the P.C. of a curve concave to the West and having a radius of 667.64 feet; run
   thence along said cure 489 feet, more or less to intersect the aforementioned Point “A”.

   6. The Southwest One-Quarter (SW1/4) of the Southwest One-Quarter (SW1/4) of the
   Northeast One-Quarter (NE1/4) of Section 8, Township 21 South, Range 24 East, Lake
   County, Florida.

   7. The NW1/4 of the SW1/4 of the NE1/4 of Section 8, Township 21, Range 24 East, Lake
   County, Florida.

   8. Begin at the Southwest corner of the Northwest Quarter of the Northeast Quarter of Section
   8, Township 21 South, Range 24 East, Lake County, Florida, run South 89 degrees 06 minutes
   40 seconds West along the South line of the Northeast Quarter of the Northwest Quarter of
   Section 8 for 22.02 feet; thence North 75 degrees 19 minutes 10 seconds West for 320.79 feet;
AGENDA - June 11, 2007
Page 122
   thence North 0 degrees 52 minutes 55 seconds West for 576.86 feet; thence North 89 degrees 04
   minutes 35 seconds East for 331.02 feet; thence North 89 degrees 11 minutes 22 seconds East
   for 878.44 feet to a point located 25 feet from the centerline of a county road; thence North 05
   degrees 54 minutes 42 seconds East, along said county road for 201.20 feet to the P.C. of a cure
   concave to the West and having a radius of 567.64 feet; run thence along said curve 489 feet,
   more or less, to intersect the aforementioned Point “A”.

   AND

   All that portion of the Northeast One-Quarter (NE1/4) of the Northwest One-Quarter
   (NM1/4) of the Northeast One-Quarter (NE1/4 lying West and South of the Austin Merritt
   Road, in Section 8, Township 21 South, range 24 East, Lake County, Florida.

   9. Begin at the NW corner of the E1/2 of the SW1/4 of the NE1/4, run East 208 feet more or
   less to the Western boundary of the Austin Merritt Road, run SW along the Western Boundary
   of the Austin Merritt Road to the southern boundary of the E1/2 of the SW1/4 of the NE1/4
   run west 125 feet more or less to the SW corner of the E1/2 of the SW1/4 of the NE1/4, run
   North to the Point of Beginning, Section 8, Township 21 South, Range 24 East, Lake County,
   Florida.

   10. The East One-Half (E1/2) of the Southwest One-Quarter (SW1/4) of the Northeast One-
   Quarter (NE1/4) lying East of Austin Merritt Road, in Section 8, Township 21 South, Range 24
   East, Lake County, Florida.

   AND

   The Southeast One-Quarter (SE1/4) of the Northwest One-Quarter (NW1/4 of the Northeast
   One-Quarter (NE1/4) lying East of Austin Merritt Road, in Section 8, Township 21 South,
   Range 24 East, Lake County, Florida.

   11. The Southeast One-Quarter (SE1/4) of the Northeast One-Quarter (NE1/4) of Section 8,
   Township 21 South, Range 24 East, Lake County, Florida.

   12. The Northeast One-Quarter (NE1/4) of the Northeast One-Quarter (NE1/4) of Section 8,
   Township 21 South, Range 24 East, Lake County, Florida.

   CONTAINING 300.685 ACRES, MORE OR LESS.

   TRACT B LESS B1 and B2

    Parcel:

   1. The Southwest One-Quarter (SW1/4) of the Southwest One-Quarter (SW1/4) of Section 7,
   Township 21 South, Range 24 East, Lake County, Florida.

   2. The Northwest One-Quarter (NW1/4) of the Southwest One-Quarter (SW1/4) of Section 7,
   Township 21 South, Range 24 East, Lake County, Florida, Less the North 1 / 2 thereof.
AGENDA - June 11, 2007
Page 123
   3. The Northwest One-Quarter (NW1/4) of the Northwest One-Quarter (NW1/4) lying South
   of County Road 48; AND the North One-Half (N1/2) of the Southwest One-Quarter (SW1/4)
   of the Northwest One-Quarter (NW1/4), all being in Section 7, Township 21 South, Range 24
   East, Lake County, Florida.

   4. The Southeast One-Quarter (SE1/4) of the Southwest (SW1/4) of Section 7, Township 21
   South, Range 24 East, Lake County, Florida.

   5. The Northeast One-Quarter (NE1/4) of the Southwest One-Quarter (SW1/4) of Section 7,
   Township 21 South, Range 24 East, Lake County, Florida.

   6. The North One-Half (N1/2) of the Southwest One-Quarter (SW1/4) of the Northeast One-
   Quarter (NE1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

   AND

   The South One-Half (S1/2) of the Southeast One-Quarter (SE1/4) of the Northwest One-
   Quarter (NW1/4); AND the Northeast One-Quarter (NE1/4) of the (SE1/4) of the (NW1/4)
   of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

   7. The Northeast One-Quarter (NE1/4) of the Northwest One-Quarter (NW1/4) of Section 7,
   Township 21 South, Range 24 East, Lake County, Florida.

   8. The West One-Half (W1/2) of the Southwest One-Quarter (SW1/4) of the Southeast One-
   Quarter (SE1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

   9. The East One-Half (E1/2) of the Southwest One-Quarter (SW1/4) of the Southeast One-
   Quarter (SE1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

   10. The Northwest One-Quarter (NW1/4) of the Southeast One-Quarter (SE1/4) of Section 7,
   Township 21 South, Range 24 East, Lake County, Florida.

   11. The Northwest One-Quarter (NW1/4) of the Southeast One-Quarter (SE1/4) of the
   Northwest One-Quarter (NW1/4) of Section 7, Township 21 South, Range 24 East, Lake
   County, Florida.

   AND

   The South One-Half (S1/2) of the Southwest (SW1/4 of the (NE1/4) of Section 7, Township
   21 South, Range 24 East, Lake County, Florida

   LESS AND EXCEPT FROM PARCELS 3, 6 & 7 AND 11, THE FOLLOWING
   PARCELS:

   Begin 1543.84 feet South, 1815 feet East from Northwest corner of Section 7, Township 21
   South, Range 24 East, thence South 380.20 feet, thence East 80 feet, thence North 380.20 feet,
   thence West 80 feet to the POINT OF BEGINNING.
AGENDA - June 11, 2007
Page 124
   Begin 1325.09 feet South and 1155 feet East from Northwest corner of Section 7, Township 21
   South, Range 24 East, run East 430 feet, North 475.6 feet, South 73 degrees 07 minutes West
   366.50 feet. South 43 degrees 24 minutes West 408.16 feet, South 2 degrees 05 minutes West
   421.30 feet, North 88 degrees 50 minutes East 216.30 feet, thence North 344.31 feet to POINT
   OF BEGINNING.

   Commence 1325.09 feet South and 1155 feet East of Northwest corner of Section 7, Township
   21 South, Range 24 East, thence South 344.31 feet, thence South 88 degrees 50 minutes West
   216.3 feet to POINT OF BEGINNING, THENCE North 0 degrees 25 minutes 51 seconds
   East 407.82 feet, thence North 43 degrees 24 minutes East 18.18 feet: thence South 2 degrees 05
   minutes West 421.3 feet to POINT OF BEGINNING.

   CONTAINING 316.75 ACRES, MORE OR LESS.

   LESS AND EXCEPT THE FOLLOWING:

   From the Northwest corner of Section 7, Township 21 South, Range 24 East, Lake County,
   Florida, run South along the West section line for 1,325.09 to the Northwest corner of the
   Southwest Quarter (SW ¼) of the Northwest Quarter (NW ¼) of said section, thence run East
   1,155 feet to the POINT OF BEGINNING, thence run east 660 feet, thence run South to
   intersect the South line of the North Half (N ½) of the South Half (S ½) of the Northwest (NW
   ¼) of said section, thence run West 660 feet along said South line of the North Half (N ½) of
   the South Half (S ½) of the Northwest Quarter thence run North to intersect the POINT OF
   BEGINNING.

   Tract C
   Parcel;

   1. The Southeast One-Quarter (SE1/4) of the Southeast One-Quarter (SE1/4) of Section 7,
   Township 21 South, Range 24 East, Lake County, Florida.

   Less The South Half (S1/2) of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4)
   of the Southeast Quarter (SE1/4) of Section 7, Township 21 South, Range 24 East Lake
   County, Florida.

   2. The South One-Half (S1/2) of the Northeast One-Quarter (NE1/4) of the Southeast One-
   Quarter (SE1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

   3. The North One-Half (N1/2) of the Northeast One-Quarter (NE1/4) of the Southeast One-
   Quarter (SE1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

   4. The South ½ of the South ½ of the SW ¼ of the SW ¼, Section 8, Township 21 South,
   Range 24 East, Lake County, Florida.

   Less: The West Three Fourths (West ¾) of the South Half (S1/2) of the South Half (s1/2) of
   the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of Section 8, Township 21
   South, Range 24 East, Lake County, Florida.
AGENDA - June 11, 2007
Page 125
   5. The N1/2 of the S1/2 of the SW1/4 of the SW ¼ , Section 8, Township 21 South, Range 24
   East, Lake County, Florida.

   6. The N1/2 of the SW1/4 of the SW1/4, less the NE1/4 of the NE1/4 of the SW1/4 of the
   SW1/4, and the SW1/4 of the NW1/4 of the SE1/4 of the SW1/4, Section 08, Township 21
   south, Range 24 East, Lake County Florida.

   7. The South One-Half (S1/2) of the Northwest One-Quarter (NW1/4)
   of the Southwest One-Quarter(SW1/4) of Section 8, township 21 South, Range 24 East, Lake
   County, Florida.

   8. The North One-Half (N1/2) of the Northwest One-Quarter (NW1/4)of the Southwest One-
   Quarter (SW1/4) of Section 8, Township 21 South, Range 24 East, Lake County, Florida.

   9. The West One-half (W1/2) of the Northeast One-Quarter (NE1/4) of the Southwest One-
   Quarter (SW1/4) of Section 8, Township 21 South, range 24 East, Lake County, Florida.

   10. The East One-Half (E1/2) of the Northeast One-Quarter (NE1/4) of the Southwest One-
   Quarter(SW1/4) of Section 8, Township 21 South, Range 24 East, Lake County, Florida.

   AND ALSO

   That part of the South One-Half (S1/2) of the South One-Half (S1/2) of the Northwest One
   Quarter (NW1/4) of the Southeast One-Quarter (SE1/4) lying West of the Austin Merritt Road,
   being in Section 8, Township 21 South, Range 24 East, Lake County, Florida.

   11. That part of the North One-Half (N1/2) of the Northwest One-Quarter (NW1/4) of the
   Southeast One –Quarter (SE1/4) lying West of the Austin-Merritt Road, being in Section 8,
   Township 21 South, Range 24 East, Lake County, Florida.

   AND ALSO

   That part of the North One-Half (N1/2) of the South One-Half (S1/2) of the Northwest One-
   Quarter (NW1/4) of the Southeast One-Quarter (SE1/4) lying West of the Austin Merritt Road,
   being in Section 8, Township 21 South, Range 24 East, Lake County, Florida.

   12. The Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of the Southwest
   Quarter (SW1/4) of the Southwest Quarter (SW1/4).

   AND ALSO;

   The Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of the Southeast Quarter
   (SE1/4) of the Southwest Quarter SW1/4).

   Being in Section 8, Township 21 South, Range 24 East, Lake County, Florida.

   13. The N1/2 of the N1/2 of the NW1/4 of the NW1/4 Section 17, Township 21 South, Range
   24 East, Lake County, Florida.
AGENDA - June 11, 2007
Page 126
   LESS:

   The West Three Fourths (W3/4) of the North Half (N1/2) of the North Half (N1/2) of the
   Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section 17, township 21
   South , Range 24 East, Lake County, Florida.

   CONTAINING 214.234 ACRES, MORE OR LESS.


Alternate Key Numbers:

      3616235              3808632             1775493             3765443
      1065895              3778923                           1088348
      3613406              1111340                           1038421
      3501225              3613431                           3689631
      3626079              3613457                           3613449
      3432801              3689640                           3501241
      3595581              3689658                           3767527
      2500697              3432797                           3689674
      3781105              3613465                           3613473
      3613481              3767519                           1297010
      1297028
AGENDA - June 11, 2007
Page 127
                                EXHIBIT B
                              Janney property
                             Legal Description

PARCEL 736
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 21 SOUTH, RANGE 24 EAST, RUN
THENCE SOUTH 00°07'46" WEST ALONG THE WEST LINE OF SAID SECTION 990.0
FEET TO THE POINT OF BEGINNING; RUN THENCE SOUTH 89°44'30" EAST
PARALLEL TO THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE NORTHWEST 1/4
230.0 FEET; THENCE SOUTH 0°07'46" WEST 851.76 FEET TO THE NORTHWESTERLY
RIGHT OF WAY LINE OF COUNTY ROAD 2503; THENCE ALONG SAID RIGHT OF
WAY SOUTH 46°59'50" WEST 315.16 FEET TO THE WEST LINE OF SECTION 17,
TOWNSHIP 21 SOUTH, RANGE 24 EAST, RUN THENCE NORTH 00°07'46" EAST
ALONG SAID SECTION LINE 1067.80 FEET TO THE POINT OF BEGINNING.

PARCEL 419
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTH 3/4 OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 21 SOUTH,
RANGE 24 EAST, RUN THENCE SOUTH 89°46'45" EAST ALONG THE NORTH LINE OF
SAID SOUTH 3/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 330.0 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°46'45" EAST ALONG
SAID LINE 330.0 FEET; THENCE SOUTH 00°07'46" WEST PARALLEL TO THE WEST
LINE OF AFORESAID SECTION 17, TOWNSHIP 21 SOUTH, RANGE 24 EAST, 1305.66
FEET; THENCE SOUTH 87°22'44" WEST 330.38 FEET; THENCE NORTH 00°07'46" EAST
1322.02 FEET TO THE POINT OF BEGINNING.

PARCEL 971
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 21 SOUTH, RANGE 24 EAST, RUN
SOUTH 00°07'46" WEST ALONG THE WEST LINE OF SAID SECTION 330.0 FEET;
THENCE S 89°44'30" E PARALLEL TO THE NORTH LINE OF SAID SW ¼ OF NW ¼
330.0 FEET; THENCE N 87°22'44"E 472.63 FEET TO POINT OF BEGINNING; THENCE
CONTINUE N 87°22'44" E 522.65 FEET TO THE EAST LINE OF SAID SW ¼ OF NW ¼,
SAID POINT BEING 1272.66 FEET SOUTH OF THE NE CORNER OF THE S ¾ OF THE
NW ¼ OF THE NW ¼ OF SECTION 17, TOWNSHIP 21 S, RANGE 24 E, THENCE S
0°08'29" W ALONG THE EAST LINE OF SAID SW ¼ OF NW ¼ 690.38 FEET TO THE
NORTHWESTERLY RIGHT-OF-WAY OF COUNTY ROAD 2503, SAID POINT BEING ON
A CURVE CONCAVE TO THE SE AND HAVING A RADIUS OF 648.78 FEET; THENCE
ALONG THE ARC OF SAID CURVE WITH A CHORD OF S 60°20'39" W 194.85 FEET TO
THE P.T.; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S. 51°42'37" W 450.25
FEET; THENCE N 0°07'46" E 1041.82 FEET TO THE POINT OF BEGINNING. SUBJECT
TO AN EASEMENT ACROSS THE N 20 FEET AND THE E 20 FEET THEREOF.

PARCEL 524
THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 21
SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA. BEGIN AT THE NORTHEAST
CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4, RUN WEST TO THE
AGENDA - June 11, 2007
Page 128
NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4, THENCE
RUN SOUTH 830.77 FEET; THENCE SOUTH 24°41'00" EAST 134.34 FEET; THENCE
SOUTH 62°40'30" EAST 165.92 FEET; THENCE NORTH 89°56'00" EAST 1117.18 FEET
TO THE EAST LINE OF SECTION 18; THENCE NORTH ALONG SAID SECTION LINE
TO THE POINT OF BEGINNING.

PARCEL 443
COMMENCE AT THE NW CORNER OF THE SW ¼ OF THE NW ¼ OF SECTION 17,
TOWNSHIP 21S, RANGE 24 E, RUN THENCE S 0°7'46" W ALONG WEST LINE OF SAID
SECTION A DISTANCE 330.0 FEET, S89°44'30"E PARALLEL TO THE NORTH LINE OF
SW ¼ OF THE NW ¼ A DISTANCE OF 330.0 FEET TO THE POINT OF BEGINNING,
THENCE RUN N87°22'44"E A DISTANCE OF 330.38 FEET, THENCE S 0°07'46"W A
DISTANCE OF 676.59 FEET; THENCE N89°44'30" W A DISTANCE OF 330.0 FEET,
THENCE N 0°7'46" E A DISTANCE OF 660 FEET TO THE POINT OF BEGINNING.

PARCEL 502
THE EAST 1/2 OF THE SOUTH 3/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4,
WEST 1/4 OF THE SOUTH 3/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, N
1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, LESS THE EAST 1/2 OF THE
WEST 1/2.

PARCEL 062
BEGIN AT THE NW CORNER OF THE SW ¼ OF THE NW ¼ OF SECTION 17,
TOWNSHIP 21 S, RANGE 24 E. THENCE RUN S 00°07'46" W ALONG THE WEST LINE
OF SAID SECTION, 330.0 FEET TO THE POINT OF BEGINNING; RUN S 89°44'30" E
PARALLEL TO THE NORTH LINE OF THE SW ¼ OF THE NW ¼ A DISTANCE OF 330.0
FEET, THENCE S0°7'46" W A DISTANCE OF 660.0 FEET, THENCE N 89°44'30" W A
DISTANCE OF 330.0 FEET TO THE WEST LINE OF SAID SECTION, RUN N 0°7'46" E A
DISTANCE OF 660.0 FEET TO THE POINT OF BEGINNING. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:

Less Out the Following (Parcels 435, 655, 427, 370 and 663):

PARCEL 435
THAT PART OF THE EAST 265.0 FEET OF THE WEST 505.0 FEET OF THE SOUTHEAST
¼ OF THE NORTHWEST ¼ OF SECTION 17, TOWNSHIP 21 SOUTH, RANGE 24 EAST,
THAT IS LYING NORTH OF COUNTY ROAD 2503, LAKE COUNTY, FLORIDA

PARCEL 655
THE EAST 295 FEET OF THE WEST 800 FEET OF THE SE ¼ OF THE NW ¼, LYING
NORTH AND WEST OF COUNTY ROAD, KNOWN AS YOUTH CAMP ROAD, LYING IN
SECTION 17 TOWNSHIP 21 S, RANGE 24 E, LAKE COUNTY, FLORIDA.

PARCEL 427
THAT PART OF THE EAST 330.0 FEET OF THE WEST 1130 FEET OF THE SE ¼ OF THE
NW ¼ OF SECTION 17, TOWNSHIP 21 S, RANGE 24 E, THAT IS LYING NORTH OF
COUNTY ROAD 2503, LAKE COUNTY, FLORIDA.
AGENDA - June 11, 2007
Page 129
PARCEL 370
BEGIN AT THE NW CORNER OF THE SW ¼ OF THE NE ¼ OF SECTION 17, TOWNSHIP
21 S, RANGE 24 E, RUN THENCE S 89°38'57" E ALONG THE NORTH LINE OF THE
SAID SW ¼ OF THE NE ¼ 175.80 FEET, THENCE S 0°08'29" W PARALLEL TO THE
WEST LINE OF THE SE ¼ OF THE NW ¼ OF SECTION 17, TOWNSHIP 21 S, RANGE 24
E 557.65' TO THE NORTHERLY RIGHT- OF-WAY OF COUNTY ROAD 2503, THENCE S
63°47'20" W ALONG SAID RIGHT-OF-WAY 105.50', THENCE CONTINUING ALONG
SAID RIGHT-OF-WAY S82°25'24" W 277.98' THENCE N 0°08'29" E 642.85 FEET TO THE
NORTH LINE OF SE ¼ OF NW ¼ OF SAID SECTION, SAID POINT BEING 1130.0 FEET
EAST OF THE NW CORNER OF SAID SE ¼ OF NW ¼, THENCE S 89°44'30" E ALONG
THE NORTH LINE OF SAID SE ¼ OF NW ¼ 194.20" TO THE POINT OF BEGINNING.

PARCEL 663
COMMENCE AT THE NW CORNER OF THE SW ¼ OF THE NE ¼ OF SECTION 17,
TOWNSHIP 21 S, RANGE 24 E, RUN THENCE S89°38'57"E ALONG THE NORTH LINE
OF SAID SW ¼ OF NE ¼ 175.80' TO THE POINT OF BEGINNING, THENCE CONTINUE
S89°38'57"E ALONG SAID 592.25' TO WESTERLY RIGHT-OF-WAY OF COUNTY ROAD
2503, THENCE S11°35'40"W ALONG SAID RIGHT-OF-WAY 125.82' TO THE P.C. OF A
CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 350.0', THENCE TO
THE RIGHT ALONG THE ARC OF SAID CURVE WITH A CHORD OF S37°41'30"W
307.93' TO THE P.T., THENCE CONTINUING ALONG SAID RIGHT-OF-WAY
S63°47'20"W 423.62' THENCE N0°08'29"E PARALLEL TO THE WEST LINE OF SW ¼ OF
THE NW ¼ OF SAID SECTION 17, TOWNSHIP 21S, RANGE 24E A DISTANCE OF
557.65' TO POINT OF BEGINNING.

PARCEL A:
COMMENCE AT THE NORTH 1/4 CORNER OF SECTION 18, TOWNSHIP 21 SOUTH,
RANGE 24 EAST, LAKE COUNTY, FLORIDA; THENCE RUN S89°16'51"E ALONG THE
NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18, A DISTANCE OF 1322.71
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S89°16'51"E, A DISTANCE
OF 1322.71 TO THE NORTHWEST CORNER OF SECTION 17, TOWNSHIP 21 SOUTH,
RANGE 24 EAST, LAKE COUNTY, FLORIDA; THENCE RUN S00°01'40E ALONG THE
WEST LINE OF SAID SECTION 17, A DISTANCE OF 330.61 FEET TO THE
NORTHWEST CORNER OF THE SOUTH 3/4 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 17; THENCE RUN S89°55'15"E ALONG THE
NORTH LINE OF SAID SOUTH 3/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST
1/4, A DISTANCE OF 1323.52 FEET TO THE NORTHEAST CORNER OF SAID SOUTH
3/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE RUN S00°04'04"E
ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID
SECTION 17, A DISTANCE OF 992.33 FEET TO THE NORTHWEST CORNER OF THE
SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 17; THENCE RUN
S00°04'04"E ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST
1/4 OF SAID SECTION 17, A DISTANCE OF 970.05 FEET TO THE NORTHWESTERLY
RIGHT-OF-WAY LINE OF YOUTH CAMP ROAD (COUNTY ROAD #2503), SAID POINT
BEING ON A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 648.78
FEET; THENCE RUN ALONG SAID RIGHT-OF-WAY LINE AND THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 17°21'20" A DISTANCE OF 196.52 FEET TO
A POINT OF TANGENT; THENCE RUN S51°33'42"W, A DISTANCE OF 450.27 FEET;
AGENDA - June 11, 2007
Page 130
THENCE LEAVING SAID RIGHT-OF-WAY LINE RUN N00°01'40"W, A DISTANCE OF
1041.82 FEET; THENCE RUN S87°13'18"W, A DISTANCE OF 142.55 FEET; THENCE
RUN S00°01'40"E, A DISTANCE OF 676.50 FEET; THENCE RUN N89°54'26"W, A
DISTANCE OF 430.00 FEET; THENCE RUN S00°01'40"E, A DISTANCE OF 851.86 FEET
TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF YOUTH CAMP ROAD
(COUNTY ROAD #2503); THENCE RUN S46°50'17"W ALONG SAID RIGHT-OF- WAY
LINE, A DISTANCE OF 315.17 TO THE WEST LINE OF SAID SECTION 17; THENCE
RUN N00°01'40"W ALONG SAID WEST LINE, A DISTANCE OF 1044.70 FEET; THENCE
RUN S89°46'34"W, A DISTANCE OF 1116.84 FEET; THENCE RUN N62°49'56"W, A
DISTANCE OF 165.92 FEET; THENCE RUN N24°50'26"W, A DISTANCE OF 134.34 FEET
TO THE WEST LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION
18, TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; THENCE RUN
N00°04'33"W ALONG THE WEST LINE OF THE SOUTHEAST 1/4 AND THE NORTH
EAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 18, A DISTANCE OF 2158.86
FEET TO THE POINT OF BEGINNING

CONTAINING 135.834 ACRES, MORE OR LESS.

Less Out All of Parcel B:

PARCEL B:
COMMENCE AT THE NORTH 1/4 CORNER OF SECTION 18, TOWNSHIP 21 SOUTH,
RANGE 24 EAST, LAKE COUNTY, FLORIDA; THENCE RUN S89°16'51"E ALONG THE
NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18, A DISTANCE OF 2645.42
TO THE NORTHWEST CORNER OF SECTION 17, TOWNSHIP 21 SOUTH, RANGE 24
EAST, LAKE COUNTY, FLORIDA; THENCE RUN S00°01'40E ALONG THE WEST LINE
OF SAID SECTION 17, A DISTANCE OF 330.61 FEET TO THE NORTHWEST CORNER
OF THE SOUTH 3/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID
SECTION 17; THENCE RUN S89°55'15"E ALONG THE NORTH LINE OF SAID SOUTH
3/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, A DISTANCE OF 1323.52 FEET
TO THE NORTHEAST CORNER OF SAID SOUTH 3/4 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4; THENCE RUN S00°04'04"E ALONG THE EAST LINE OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 17, A DISTANCE OF
992.33 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 17; THENCE RUN S89°53'56"E ALONG THE
NORTH LINE OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4, A DISTANCE OF
240.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S89°53'56"E, A
DISTANCE OF 1084.21 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4
OF THE NORTHEAST 1/4 OF SAID SECTION 17; THENCE RUN S89°48'23"E ALONG
THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 17, A DISTANCE OF 768.05 FEET TO THE WEST RIGHT-OF-WAY LINE OF
YOUTH CAMP ROAD (COUNTY ROAD #2503); THENCE RUN S11°26'14"W ALONG
SAID RIGHT-OF- WAY LINE, A DISTANCE OF 125.82 FEET TO A POINT OF CURVE
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 350.00 FEET; THENCE RUN
ALONG THE ARC OF SAID CURVE THROUGH CENTRAL ANGLE OF 52°11'40", A
DISTANCE OF 318.84 FEET TO THE POINT OF TANGENT; THENCE RUN S63°37'55"W,
A DISTANCE OF 529.11 FEET; THENCE RUN S82°15'58"W, A DISTANCE OF 594.79
FEET; THENCE RUN S70°54'24"W, A DISTANCE OF 608.70 FEET TO A POINT 240.00
AGENDA - June 11, 2007
Page 131
EAST OF THE E LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID
SECTION 17; THENCE LEAVING SAID RIGHT-OF-WAY LINE RUN N00°04'04"W, A
DISTANCE OF 886.16 FEET TO THE POINT OF BEGINNING.

CONTAINING 25.684 ACRES, MORE OR LESS.

Alternate Key Numbers: 1297524, 1775736, 1505062, 1297419, 1297443, 3448502,
1741971, 1297435, 2566655, 1297427, 2566370 and 2566663




06/11/07
AGENDA - June 11, 2007
Page 132


                                                5.J.2.
                                AGENDA MEMORANDUM


MEETING DATE: June 11, 2007

FROM:                   Laura McElhanon, AICP, Community Development Director

SUBJECT:                Ordinance for Rezoning for Jerl, John, Merritt, et al



Staff Recommendation:
The Planning staff recommends approval of the proposed rezoning for the subject property from
County A (Agriculture) to City RE-1 (Estate Residential). The applicant requested rezoning to R1-A.
The Planning Commission will be holding a hearing on this matter on June 7, 2007.

Analysis:
The project site is approximately 827 acres. The property is generally situated south of CR 48, east
of Sumter County Line, 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 of the site is for residential development. The surrounding zoning designations are County A
(Agriculture) to the east, south, north and west, and City PUD (Planned Unit Development) to the
east.

The proposed zoning district of City RE-1 (Estate Residential) is compatible with adjacent and
nearby properties in the area and with the proposed City future land use designation of City Estate
Residential. However, the Annexation Agreement requires rezoning to a Planned Development
District by the developer prior to development.

The existing land uses surrounding the property are undeveloped properties.

Development of the parcel shall require expansion of City utilities at the owner’s expense.

Options:
1.    Approve the proposed rezoning to City RE-1 (Estate Residential), thereby allowing
      consistent zoning and development standards for the area.
2.    Approve the proposed rezoning to City R-1A (Single Family Residential, as requested by the
      applicant.
3.    Other such action as the Commission may deem appropriate.

Staff has provided an ordinance for the RE-1 zoning and the R-1A zoning.

Fiscal Impact:
There is no fiscal impact to the City.
AGENDA - June 11, 2007
Page 133


Submission Date and Time:              6/27/11 12:49 PM____




 Department: Community Development      Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: Bill Wiley, AICP
 Attachments: Yes__X__ No ______        Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Newspapers:                            Submitted by:
 _________________________________      City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 134
                                  ORDINANCE NO. ______

       AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
       REZONING APPROXIMATELY 827 ACRES GENERALLY LOCATED
       SOUTH OF CR 48, EAST OF SUMTER COUNTY LINE, LYING IN
       SECTIONS 7 AND 8 TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE
       COUNTY, FLORIDA, FROM COUNTY A (AGRICULTURE) TO CITY
       RE-1 (ESTATE RESIDENTIAL); AND PROVIDING AN EFFECTIVE
       DATE. (MERRITT)

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

Section 1.

        Based upon the petition of Jeri D., John C. and Terrance B. Merritt, the owners of the
property hereinafter described, 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
said property located in Lake County, Florida, is hereby rezoned from County A (Agriculture) To
City RE-1 (Estate Residential), to-wit:
                                            Legal Description
                                             (See Exhibit A)

Section 2.

       This ordinance shall become effective upon its passage and adoption, according to law.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the    day of                      , 2007.

                                                     THE CITY OF LEESBURG

                                                     By: _________________________________
                                                            Mayor
ATTEST:

___________________________________
      City Clerk
AGENDA - June 11, 2007
Page 135
                                  ORDINANCE NO. ______

       AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
       REZONING APPROXIMATELY 827 ACRES GENERALLY LOCATED
       SOUTH OF CR 48, EAST OF SUMTER COUNTY LINE, LYING IN
       SECTIONS 7, AND 8, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE
       COUNTY, FLORIDA, FROM COUNTY A (AGRICULTURE) TO CITY R-
       1A (SINGLE FAMILY RESIDENTIAL); AND PROVIDING AN
       EFFECTIVE DATE. (MERRITT)

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

Section 1.

        Based upon the petition of Jeri D., John C. and Terrance B. Merritt, the owners of the
property hereinafter described, 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
said property located in Lake County, Florida, is hereby rezoned from County A (Agriculture) To
City R-1A (Single Family Residential), to-wit:
                                               Legal Description
                                                (See Exhibit A)

Section 2.

       This ordinance shall become effective upon its passage and adoption, according to law.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the    day of                      , 2007.

                                                    THE CITY OF LEESBURG

                                                    By: _________________________________
                                                           Mayor
ATTEST:

___________________________________
      City Clerk
AGENDA - June 11, 2007
Page 136
                                           EXHIBIT A

                                        Legal Description

CASE #: 146A-4-090706

   TRACT A
   Parcel:
   1. The Southeast One-Quarter (SE1/4) of the Northeast One-Quarter (NE1/4) of Section 7,
   Township 21 South, Range 24 East, Lake County, Florida.

   2. The Southwest One- Quarter (SW1/4) of the Northwest One-Quarter (NW1/4) of Section 8,
   Township 21 South, Range 24 East, Lake County, Florida.

   3. The S 1 / 2 of the SE 1 / 4 of the NW 1 / 4 of Section 8, Township 21 South, Range 24 East,
   Lake County, Florida.

   4. The North One-Half (N1/2) of the Southeast One-Quarter (SE1/4) of the Northwest One-
   Quarter (NW1/4) of Section 8, Township 21 South, Range 24 East, Lake County, Florida.

   5. The Northeast One-Quarter (NE1/4) of the Northwest One-Quarter (NW1/4) of Section 8,
   Township 21 South, Range 24 East, Lake County, Florida.

   Less and Except the following described tract:

   Begin at the Southwest corner of the Northwest Quarter of the Northeast Quarter of Section 8,
   Township 21 South, Range 24 East, Lake County, Florida, run South 89 degrees 06 minutes 40
   seconds West along the South line of the Northeast Quarter of the Northwest Quarter of
   Section 8 for 22.02 feet; thence North 75 degrees 19 minutes 10 seconds West for 320.79 feet;
   thence North 0 degrees 52 minutes 55 seconds West for 576.86 feet; thence North 89 degrees 04
   minutes 35 seconds East for 331.02 feet; thence North 89 degrees 11 minutes 38 seconds East
   for 785.31 feet to a point located 25 feet from the centerline of a county road and a point hereby
   designated as Point “A”. Return to POINT OF BEGINNING and run North 89 degrees 11
   minutes 22 seconds East for 878.44 feet to a point located 25 feet from the centerline of a
   county road; thence North 05 degrees 54 minutes 42 seconds East, along said county road for
   201.20 feet to the P.C. of a curve concave to the West and having a radius of 667.64 feet; run
   thence along said cure 489 feet, more or less to intersect the aforementioned Point “A”.

   6. The Southwest One-Quarter (SW1/4) of the Southwest One-Quarter (SW1/4) of the
   Northeast One-Quarter (NE1/4) of Section 8, Township 21 South, Range 24 East, Lake
   County, Florida.

   7. The NW1/4 of the SW1/4 of the NE1/4 of Section 8, Township 21, Range 24 East, Lake
   County, Florida.

   8. Begin at the Southwest corner of the Northwest Quarter of the Northeast Quarter of Section
   8, Township 21 South, Range 24 East, Lake County, Florida, run South 89 degrees 06 minutes
   40 seconds West along the South line of the Northeast Quarter of the Northwest Quarter of
   Section 8 for 22.02 feet; thence North 75 degrees 19 minutes 10 seconds West for 320.79 feet;
AGENDA - June 11, 2007
Page 137
   thence North 0 degrees 52 minutes 55 seconds West for 576.86 feet; thence North 89 degrees 04
   minutes 35 seconds East for 331.02 feet; thence North 89 degrees 11 minutes 22 seconds East
   for 878.44 feet to a point located 25 feet from the centerline of a county road; thence North 05
   degrees 54 minutes 42 seconds East, along said county road for 201.20 feet to the P.C. of a cure
   concave to the West and having a radius of 567.64 feet; run thence along said curve 489 feet,
   more or less, to intersect the aforementioned Point “A”.

   AND

   All that portion of the Northeast One-Quarter (NE1/4) of the Northwest One-Quarter
   (NM1/4) of the Northeast One-Quarter (NE1/4 lying West and South of the Austin Merritt
   Road, in Section 8, Township 21 South, range 24 East, Lake County, Florida.

   9. Begin at the NW corner of the E1/2 of the SW1/4 of the NE1/4, run East 208 feet more or
   less to the Western boundary of the Austin Merritt Road, run SW along the Western Boundary
   of the Austin Merritt Road to the southern boundary of the E1/2 of the SW1/4 of the NE1/4
   run west 125 feet more or less to the SW corner of the E1/2 of the SW1/4 of the NE1/4, run
   North to the Point of Beginning, Section 8, Township 21 South, Range 24 East, Lake County,
   Florida.

   10. The East One-Half (E1/2) of the Southwest One-Quarter (SW1/4) of the Northeast One-
   Quarter (NE1/4) lying East of Austin Merritt Road, in Section 8, Township 21 South, Range 24
   East, Lake County, Florida.

   AND

   The Southeast One-Quarter (SE1/4) of the Northwest One-Quarter (NW1/4 of the Northeast
   One-Quarter (NE1/4) lying East of Austin Merritt Road, in Section 8, Township 21 South,
   Range 24 East, Lake County, Florida.

   11. The Southeast One-Quarter (SE1/4) of the Northeast One-Quarter (NE1/4) of Section 8,
   Township 21 South, Range 24 East, Lake County, Florida.

   12. The Northeast One-Quarter (NE1/4) of the Northeast One-Quarter (NE1/4) of Section 8,
   Township 21 South, Range 24 East, Lake County, Florida.

   CONTAINING 300.685 ACRES, MORE OR LESS.


   TRACT B LESS B1 and B2

    Parcel:

   1. The Southwest One-Quarter (SW1/4) of the Southwest One-Quarter (SW1/4) of Section 7,
   Township 21 South, Range 24 East, Lake County, Florida.

   2. The Northwest One-Quarter (NW1/4) of the Southwest One-Quarter (SW1/4) of Section 7,
   Township 21 South, Range 24 East, Lake County, Florida, Less the North 1 / 2 thereof.
AGENDA - June 11, 2007
Page 138
   3. The Northwest One-Quarter (NW1/4) of the Northwest One-Quarter (NW1/4) lying South
   of County Road 48; AND the North One-Half (N1/2) of the Southwest One-Quarter (SW1/4)
   of the Northwest One-Quarter (NW1/4), all being in Section 7, Township 21 South, Range 24
   East, Lake County, Florida.

   4. The Southeast One-Quarter (SE1/4) of the Southwest (SW1/4) of Section 7, Township 21
   South, Range 24 East, Lake County, Florida.

   5. The Northeast One-Quarter (NE1/4) of the Southwest One-Quarter (SW1/4) of Section 7,
   Township 21 South, Range 24 East, Lake County, Florida.

   6. The North One-Half (N1/2) of the Southwest One-Quarter (SW1/4) of the Northeast One-
   Quarter (NE1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

   AND

   The South One-Half (S1/2) of the Southeast One-Quarter (SE1/4) of the Northwest One-
   Quarter (NW1/4); AND the Northeast One-Quarter (NE1/4) of the (SE1/4) of the (NW1/4)
   of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

   7. The Northeast One-Quarter (NE1/4) of the Northwest One-Quarter (NW1/4) of Section 7,
   Township 21 South, Range 24 East, Lake County, Florida.

   8. The West One-Half (W1/2) of the Southwest One-Quarter (SW1/4) of the Southeast One-
   Quarter (SE1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

   9. The East One-Half (E1/2) of the Southwest One-Quarter (SW1/4) of the Southeast One-
   Quarter (SE1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

   10. The Northwest One-Quarter (NW1/4) of the Southeast One-Quarter (SE1/4) of Section 7,
   Township 21 South, Range 24 East, Lake County, Florida.

   11. The Northwest One-Quarter (NW1/4) of the Southeast One-Quarter (SE1/4) of the
   Northwest One-Quarter (NW1/4) of Section 7, Township 21 South, Range 24 East, Lake
   County, Florida.

   AND

   The South One-Half (S1/2) of the Southwest (SW1/4 of the (NE1/4) of Section 7, Township
   21 South, Range 24 East, Lake County, Florida

   LESS AND EXCEPT FROM PARCELS 3, 6 & 7 AND 11, THE FOLLOWING
   PARCELS:

   Begin 1543.84 feet South, 1815 feet East from Northwest corner of Section 7, Township 21
   South, Range 24 East, thence South 380.20 feet, thence East 80 feet, thence North 380.20 feet,
   thence West 80 feet to the POINT OF BEGINNING.
AGENDA - June 11, 2007
Page 139
   Begin 1325.09 feet South and 1155 feet East from Northwest corner of Section 7, Township 21
   South, Range 24 East, run East 430 feet, North 475.6 feet, South 73 degrees 07 minutes West
   366.50 feet. South 43 degrees 24 minutes West 408.16 feet, South 2 degrees 05 minutes West
   421.30 feet, North 88 degrees 50 minutes East 216.30 feet, thence North 344.31 feet to POINT
   OF BEGINNING.

   Commence 1325.09 feet South and 1155 feet East of Northwest corner of Section 7, Township
   21 South, Range 24 East, thence South 344.31 feet, thence South 88 degrees 50 minutes West
   216.3 feet to POINT OF BEGINNING, THENCE North 0 degrees 25 minutes 51 seconds
   East 407.82 feet, thence North 43 degrees 24 minutes East 18.18 feet: thence South 2 degrees 05
   minutes West 421.3 feet to POINT OF BEGINNING.

   CONTAINING 316.75 ACRES, MORE OR LESS.

   LESS AND EXCEPT THE FOLLOWING:

   From the Northwest corner of Section 7, Township 21 South, Range 24 East, Lake County,
   Florida, run South along the West section line for 1,325.09 to the Northwest corner of the
   Southwest Quarter (SW ¼) of the Northwest Quarter (NW ¼) of said section, thence run East
   1,155 feet to the POINT OF BEGINNING, thence run east 660 feet, thence run South to
   intersect the South line of the North Half (N ½) of the South Half (S ½) of the Northwest (NW
   ¼) of said section, thence run West 660 feet along said South line of the North Half (N ½) of
   the South Half (S ½) of the Northwest Quarter thence run North to intersect the POINT OF
   BEGINNING.


   Tract C
   Parcel;
   1. The Southeast One-Quarter (SE1/4) of the Southeast One-Quarter (SE1/4) of Section 7,
   Township 21 South, Range 24 East, Lake County, Florida.

   Less The South Half (S1/2) of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4)
   of the Southeast Quarter (SE1/4) of Section 7, Township 21 South, Range 24 East Lake
   County, Florida.

   2. The South One-Half (S1/2) of the Northeast One-Quarter (NE1/4) of the Southeast One-
   Quarter (SE1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

   3. The North One-Half (N1/2) of the Northeast One-Quarter (NE1/4) of the Southeast One-
   Quarter (SE1/4) of Section 7, Township 21 South, Range 24 East, Lake County, Florida.

   4. The South ½ of the South ½ of the SW ¼ of the SW ¼, Section 8, Township 21 South,
   Range 24 East, Lake County, Florida.

   Less: The West Three Fourths (West ¾) of the South Half (S1/2) of the South Half (s1/2) of
   the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of Section 8, Township 21
   South, Range 24 East, Lake County, Florida.
AGENDA - June 11, 2007
Page 140
   5. The N1/2 of the S1/2 of the SW1/4 of the SW ¼ , Section 8, Township 21 South, Range 24
   East, Lake County, Florida.

   6. The N1/2 of the SW1/4 of the SW1/4, less the NE1/4 of the NE1/4 of the SW1/4 of the
   SW1/4, and the SW1/4 of the NW1/4 of the SE1/4 of the SW1/4, Section 08, Township 21
   south, Range 24 East, Lake County Florida.

   8. The South One-Half (S1/2) of the Northwest One-Quarter (NW1/4)
   of the Southwest One-Quarter(SW1/4) of Section 8, township 21 South, Range 24 East, Lake
   County, Florida.

   8. The North One-Half (N1/2) of the Northwest One-Quarter (NW1/4)of the Southwest One-
   Quarter (SW1/4) of Section 8, Township 21 South, Range 24 East, Lake County, Florida.

   9. The West One-half (W1/2) of the Northeast One-Quarter (NE1/4) of the Southwest One-
   Quarter (SW1/4) of Section 8, Township 21 South, range 24 East, Lake County, Florida.

   10. The East One-Half (E1/2) of the Northeast One-Quarter (NE1/4) of the Southwest One-
   Quarter(SW1/4) of Section 8, Township 21 South, Range 24 East, Lake County, Florida.

   AND ALSO

   That part of the South One-Half (S1/2) of the South One-Half (S1/2) of the Northwest One
   Quarter (NW1/4) of the Southeast One-Quarter (SE1/4) lying West of the Austin Merritt Road,
   being in Section 8, Township 21 South, Range 24 East, Lake County, Florida.

   11. That part of the North One-Half (N1/2) of the Northwest One-Quarter (NW1/4) of the
   Southeast One –Quarter (SE1/4) lying West of the Austin-Merritt Road, being in Section 8,
   Township 21 South, Range 24 East, Lake County, Florida.

   AND ALSO

   That part of the North One-Half (N1/2) of the South One-Half (S1/2) of the Northwest One-
   Quarter (NW1/4) of the Southeast One-Quarter (SE1/4) lying West of the Austin Merritt Road,
   being in Section 8, Township 21 South, Range 24 East, Lake County, Florida.

   12. The Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of the Southwest
   Quarter (SW1/4) of the Southwest Quarter (SW1/4).

   AND ALSO;

   The Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of the Southeast Quarter
   (SE1/4) of the Southwest Quarter SW1/4).

   Being in Section 8, Township 21 South, Range 24 East, Lake County, Florida.

   13. The N1/2 of the N1/2 of the NW1/4 of the NW1/4 Section 17, Township 21 South, Range
   24 East, Lake County, Florida.
AGENDA - June 11, 2007
Page 141
   LESS:

   The West Three Fourths (W3/4) of the North Half (N1/2) of the North Half (N1/2) of the
   Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section 17, township 21
   South , Range 24 East, Lake County, Florida.

   CONTAINING 214.234 ACRES, MORE OR LESS.


Alternate Key Numbers:

      3616235              3808632             1775493
      3765443              1065895             3778923
      1088348              3613406             1111340
      1038421              3501225             3613431
      3689631              3626079             3613457
      3613449              3432801             3689640
      3501241              3595581             3689658
      3767527              2500697             3432797
      3689674              3781105             3613465
      3613473              3613481             3767519
      1297010              1297028



06/11/07
AGENDA - June 11, 2007
Page 142


                                                5.J.3.
                                AGENDA MEMORANDUM


MEETING DATE: June 11, 2007

FROM:                   Laura McElhanon, AICP, Community Development Director

SUBJECT:                Ordinance for Rezoning for David Janney, Center Hill Farms Inc.



Staff Recommendation:
The Planning Commission and Planning staff recommends approval of the proposed rezoning for
the subject property from County A (Agriculture) to City RE-1 (Estate Residential).

Analysis:
The project site is approximately 136 acres. The property is generally situated south of CR 48, east
of Sumter County Line, 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 of the site is for residential development. The surrounding zoning designations are County A
(Agriculture) to the east, south, and north, and County A (Agriculture) and County CFD
(Community Facility District) to the west.

The proposed zoning district of City RE-1 (Estate Residential) is compatible with adjacent and
nearby properties in the area and with the proposed City future land use designation of City Estate
Residential. However, the Annexation Agreement requires rezoning to a Planned Development
District by the developer prior to development.

The existing land uses surrounding the property are undeveloped properties.

Development of the parcel shall require expansion of City utilities at the owner’s expense.

By a vote of 7 to 0, the Planning Commission recommended approval

Options:
1.    Approve the proposed rezoning to City RE-1 (Estate Residential), thereby allowing
      consistent zoning and development standards for the area.
2.    Other such action as the Commission may deem appropriate.

Fiscal Impact:
There is no fiscal impact to the City.
AGENDA - June 11, 2007
Page 143
Submission Date and Time:              6/27/11 12:49 PM____




 Department: Community Development      Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: Bill Wiley, AICP
 Attachments: Yes__X__ No ______        Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Newspapers:                            Submitted by:
 _________________________________      City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 144
                                  ORDINANCE NO. ______

       AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
       REZONING APPROXIMATELY 136 ACRES GENERALLY LOCATED
       SOUTH OF CR 48, EAST OF SUMTER COUNTY LINE, LYING IN
       SECTIONS 17 AND 18, TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE
       COUNTY, FLORIDA, FROM COUNTY A (AGRICULTURE) TO CITY
       RE-1 (ESTATE RESIDENTIAL); AND PROVIDING AN EFFECTIVE
       DATE. (JANNEY)

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

Section 1.

        Based upon the petition of A.C. Janney, Center Hill Farms Inc., the owner of the property
hereinafter described, 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 said property
located in Lake County, Florida, is hereby rezoned from County A (Agriculture) to City RE-1
(Estate Residential), to-wit:
                                             Legal Description
                                              (See Exhibit A)

Section 2.

       This ordinance shall become effective upon its passage and adoption, according to law.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the    day of                      , 2007.

                                                     THE CITY OF LEESBURG

                                                     By: _________________________________
                                                            Mayor
ATTEST:

___________________________________
      City Clerk
AGENDA - June 11, 2007
Page 145
                               EXHIBIT A
                             Legal Description
CASE #:145-1-090706
PARCEL 736
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 21 SOUTH, RANGE 24 EAST, RUN
THENCE SOUTH 00°07'46" WEST ALONG THE WEST LINE OF SAID SECTION 990.0
FEET TO THE POINT OF BEGINNING; RUN THENCE SOUTH 89°44'30" EAST
PARALLEL TO THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE NORTHWEST
1/4 230.0 FEET; THENCE SOUTH 0°07'46" WEST 851.76 FEET TO THE
NORTHWESTERLY RIGHT OF WAY LINE OF COUNTY ROAD 2503; THENCE ALONG
SAID RIGHT OF WAY SOUTH 46°59'50" WEST 315.16 FEET TO THE WEST LINE OF
SECTION 17, TOWNSHIP 21 SOUTH, RANGE 24 EAST, RUN THENCE NORTH 00°07'46"
EAST ALONG SAID SECTION LINE 1067.80 FEET TO THE POINT OF BEGINNING.

PARCEL 419
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTH 3/4 OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 21 SOUTH,
RANGE 24 EAST, RUN THENCE SOUTH 89°46'45" EAST ALONG THE NORTH LINE OF
SAID SOUTH 3/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 330.0 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°46'45" EAST ALONG
SAID LINE 330.0 FEET; THENCE SOUTH 00°07'46" WEST PARALLEL TO THE WEST
LINE OF AFORESAID SECTION 17, TOWNSHIP 21 SOUTH, RANGE 24 EAST, 1305.66
FEET; THENCE SOUTH 87°22'44" WEST 330.38 FEET; THENCE NORTH 00°07'46" EAST
1322.02 FEET TO THE POINT OF BEGINNING.

PARCEL 971
COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 21 SOUTH, RANGE 24 EAST, RUN
SOUTH 00°07'46" WEST ALONG THE WEST LINE OF SAID SECTION 330.0 FEET;
THENCE S 89°44'30" E PARALLEL TO THE NORTH LINE OF SAID SW ¼ OF NW ¼
330.0 FEET; THENCE N 87°22'44"E 472.63 FEET TO POINT OF BEGINNING; THENCE
CONTINUE N 87°22'44" E 522.65 FEET TO THE EAST LINE OF SAID SW ¼ OF NW ¼,
SAID POINT BEING 1272.66 FEET SOUTH OF THE NE CORNER OF THE S ¾ OF THE
NW ¼ OF THE NW ¼ OF SECTION 17, TOWNSHIP 21 S, RANGE 24 E, THENCE S
0°08'29" W ALONG THE EAST LINE OF SAID SW ¼ OF NW ¼ 690.38 FEET TO THE
NORTHWESTERLY RIGHT-OF-WAY OF COUNTY ROAD 2503, SAID POINT BEING ON
A CURVE CONCAVE TO THE SE AND HAVING A RADIUS OF 648.78 FEET; THENCE
ALONG THE ARC OF SAID CURVE WITH A CHORD OF S 60°20'39" W 194.85 FEET TO
THE P.T.; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S. 51°42'37" W 450.25
FEET; THENCE N 0°07'46" E 1041.82 FEET TO THE POINT OF BEGINNING. SUBJECT
TO AN EASEMENT ACROSS THE N 20 FEET AND THE E 20 FEET THEREOF.

PARCEL 524
THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 21
SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA. BEGIN AT THE NORTHEAST
CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4, RUN WEST TO THE
NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4, THENCE
RUN SOUTH 830.77 FEET; THENCE SOUTH 24°41'00" EAST 134.34 FEET; THENCE
AGENDA - June 11, 2007
Page 146
SOUTH 62°40'30" EAST 165.92 FEET; THENCE NORTH 89°56'00" EAST 1117.18 FEET TO
THE EAST LINE OF SECTION 18; THENCE NORTH ALONG SAID SECTION LINE TO
THE POINT OF BEGINNING.

PARCEL 443
COMMENCE AT THE NW CORNER OF THE SW ¼ OF THE NW ¼ OF SECTION 17,
TOWNSHIP 21S, RANGE 24 E, RUN THENCE S 0°7'46" W ALONG WEST LINE OF SAID
SECTION A DISTANCE 330.0 FEET, S89°44'30"E PARALLEL TO THE NORTH LINE OF
SW ¼ OF THE NW ¼ A DISTANCE OF 330.0 FEET TO THE POINT OF BEGINNING,
THENCE RUN N87°22'44"E A DISTANCE OF 330.38 FEET, THENCE S 0°07'46"W A
DISTANCE OF 676.59 FEET; THENCE N89°44'30" W A DISTANCE OF 330.0 FEET,
THENCE N 0°7'46" E A DISTANCE OF 660 FEET TO THE POINT OF BEGINNING.

PARCEL 502
THE EAST 1/2 OF THE SOUTH 3/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST
1/4, WEST 1/4 OF THE SOUTH 3/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST
1/4, N 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, LESS THE EAST 1/2
OF THE WEST 1/2.

PARCEL 062
BEGIN AT THE NW CORNER OF THE SW ¼ OF THE NW ¼ OF SECTION 17,
TOWNSHIP 21 S, RANGE 24 E. THENCE RUN S 00°07'46" W ALONG THE WEST LINE
OF SAID SECTION, 330.0 FEET TO THE POINT OF BEGINNING; RUN S 89°44'30" E
PARALLEL TO THE NORTH LINE OF THE SW ¼ OF THE NW ¼ A DISTANCE OF 330.0
FEET, THENCE S0°7'46" W A DISTANCE OF 660.0 FEET, THENCE N 89°44'30" W A
DISTANCE OF 330.0 FEET TO THE WEST LINE OF SAID SECTION, RUN N 0°7'46" E A
DISTANCE OF 660.0 FEET TO THE POINT OF BEGINNING. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:

Less Out the Following (Parcels 435, 655, 427, 370 and 663):

PARCEL 435
THAT PART OF THE EAST 265.0 FEET OF THE WEST 505.0 FEET OF THE SOUTHEAST
¼ OF THE NORTHWEST ¼ OF SECTION 17, TOWNSHIP 21 SOUTH, RANGE 24 EAST,
THAT IS LYING NORTH OF COUNTY ROAD 2503, LAKE COUNTY, FLORIDA

PARCEL 655
THE EAST 295 FEET OF THE WEST 800 FEET OF THE SE ¼ OF THE NW ¼, LYING
NORTH AND WEST OF COUNTY ROAD, KNOWN AS YOUTH CAMP ROAD, LYING IN
SECTION TOWNSHIP 21 S, RANGE 24 E, LAKE COUNTY, FLORIDA.

PARCEL 427
THAT PART OF THE EAST 330.0 FEET OF THE WEST 1130 FEET OF THE SE ¼ OF THE
NW ¼ OF SECTION 17, TOWNSHIP 21 S, RANGE 24 E, THAT IS LYING NORTH OF
COUNTY ROAD 2503, LAKE COUNTY, FLORIDA.

PARCEL 370
BEGIN AT THE NW CORNER OF THE SW ¼ OF THE NE ¼ OF SECTION 17,
TOWNSHIP 21 S, RANGE 24 E, RUN THENCE S 89°38'57" E ALONG THE NORTH LINE
AGENDA - June 11, 2007
Page 147
OF THE SAID SW ¼ OF THE NE ¼ 175.80 FEET, THENCE S 0°08'29" W PARALLEL TO
THE WEST LINE OF THE SE ¼ OF THE NW ¼ OF SECTION 17, TOWNSHIP 21 S,
RANGE 24 E 557.65' TO THE NORTHERLY RIGHT- OF-WAY OF COUNTY ROAD 2503,
THENCE S 63°47'20" W ALONG SAID RIGHT-OF-WAY 105.50', THENCE CONTINUING
ALONG SAID RIGHT-OF-WAY S82°25'24" W 277.98' THENCE N 0°08'29" E 642.85 FEET
TO THE NORTH LINE OF SE ¼ OF NW ¼ OF SAID SECTION, SAID POINT BEING
1130.0 FEET EAST OF THE NW CORNER OF SAID SE ¼ OF NW ¼, THENCE S 89°44'30"
E ALONG THE NORTH LINE OF SAID SE ¼ OF NW ¼ 194.20" TO THE POINT OF
BEGINNING.

PARCEL 663
COMMENCE AT THE NW CORNER OF THE SW ¼ OF THE NE ¼ OF SECTION 17,
TOWNSHIP 21 S, RANGE 24 E, RUN THENCE S89°38'57"E ALONG THE NORTH LINE
OF SAID SW ¼ OF NE ¼ 175.80' TO THE POINT OF BEGINNING, THENCE
CONTINUE S89°38'57"E ALONG SAID 592.25' TO WESTERLY RIGHT-OF-WAY OF
COUNTY ROAD 2503, THENCE S11°35'40"W ALONG SAID RIGHT-OF-WAY 125.82' TO
THE P.C. OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF
350.0', THENCE TO THE RIGHT ALONG THE ARC OF SAID CURVE WITH A CHORD
OF S37°41'30"W 307.93' TO THE P.T., THENCE CONTINUING ALONG SAID RIGHT-OF-
WAY S63°47'20"W 423.62' THENCE N0°08'29"E PARALLEL TO THE WEST LINE OF SW
¼ OF THE NW ¼ OF SAID SECTION 17, TOWNSHIP 21S, RANGE 24E A DISTANCE OF
557.65' TO POINT OF BEGINNING.

PARCEL A:
COMMENCE AT THE NORTH 1/4 CORNER OF SECTION 18, TOWNSHIP 21 SOUTH,
RANGE 24 EAST, LAKE COUNTY, FLORIDA; THENCE RUN S89°16'51"E ALONG THE
NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18, A DISTANCE OF
1322.71 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S89°16'51"E, A
DISTANCE OF 1322.71 TO THE NORTHWEST CORNER OF SECTION 17, TOWNSHIP 21
SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; THENCE RUN S00°01'40E
ALONG THE WEST LINE OF SAID SECTION 17, A DISTANCE OF 330.61 FEET TO THE
NORTHWEST CORNER OF THE SOUTH 3/4 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 17; THENCE RUN S89°55'15"E ALONG THE
NORTH LINE OF SAID SOUTH 3/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST
1/4, A DISTANCE OF 1323.52 FEET TO THE NORTHEAST CORNER OF SAID SOUTH
3/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE RUN S00°04'04"E
ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SAID SECTION 17, A DISTANCE OF 992.33 FEET TO THE NORTHWEST CORNER OF
THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 17; THENCE RUN
S00°04'04"E ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST
1/4 OF SAID SECTION 17, A DISTANCE OF 970.05 FEET TO THE NORTHWESTERLY
RIGHT-OF-WAY LINE OF YOUTH CAMP ROAD (COUNTY ROAD #2503), SAID POINT
BEING ON A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 648.78
FEET; THENCE RUN ALONG SAID RIGHT-OF-WAY LINE AND THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 17°21'20" A DISTANCE OF 196.52 FEET TO
A POINT OF TANGENT; THENCE RUN S51°33'42"W, A DISTANCE OF 450.27 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY LINE RUN N00°01'40"W, A DISTANCE OF
1041.82 FEET; THENCE RUN S87°13'18"W, A DISTANCE OF 142.55 FEET; THENCE RUN
S00°01'40"E, A DISTANCE OF 676.50 FEET; THENCE RUN N89°54'26"W, A DISTANCE
AGENDA - June 11, 2007
Page 148
OF 430.00 FEET; THENCE RUN S00°01'40"E, A DISTANCE OF 851.86 FEET TO THE
NORTHWESTERLY RIGHT-OF-WAY LINE OF YOUTH CAMP ROAD (COUNTY ROAD
#2503); THENCE RUN S46°50'17"W ALONG SAID RIGHT-OF- WAY LINE, A DISTANCE
OF 315.17 TO THE WEST LINE OF SAID SECTION 17; THENCE RUN N00°01'40"W
ALONG SAID WEST LINE, A DISTANCE OF 1044.70 FEET; THENCE RUN S89°46'34"W,
A DISTANCE OF 1116.84 FEET; THENCE RUN N62°49'56"W, A DISTANCE OF 165.92
FEET; THENCE RUN N24°50'26"W, A DISTANCE OF 134.34 FEET TO THE WEST LINE
OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 21
SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; THENCE RUN N00°04'33"W
ALONG THE WEST LINE OF THE SOUTHEAST 1/4 AND THE NORTH EAST 1/4 OF
THE NORTHEAST 1/4 OF SAID SECTION 18, A DISTANCE OF 2158.86 FEET TO THE
POINT OF BEGINNING

CONTAINING 135.834 ACRES, MORE OR LESS.

Less Out All of Parcel B:

PARCEL B:
COMMENCE AT THE NORTH 1/4 CORNER OF SECTION 18, TOWNSHIP 21 SOUTH,
RANGE 24 EAST, LAKE COUNTY, FLORIDA; THENCE RUN S89°16'51"E ALONG THE
NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18, A DISTANCE OF
2645.42 TO THE NORTHWEST CORNER OF SECTION 17, TOWNSHIP 21 SOUTH,
RANGE 24 EAST, LAKE COUNTY, FLORIDA; THENCE RUN S00°01'40E ALONG THE
WEST LINE OF SAID SECTION 17, A DISTANCE OF 330.61 FEET TO THE
NORTHWEST CORNER OF THE SOUTH 3/4 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 17; THENCE RUN S89°55'15"E ALONG THE
NORTH LINE OF SAID SOUTH 3/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST
1/4, A DISTANCE OF 1323.52 FEET TO THE NORTHEAST CORNER OF SAID SOUTH
3/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE RUN S00°04'04"E
ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SAID SECTION 17, A DISTANCE OF 992.33 FEET TO THE NORTHWEST CORNER OF
THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 17; THENCE RUN
S89°53'56"E ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4 OF THE
NORTHWEST 1/4, A DISTANCE OF 240.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE S89°53'56"E, A DISTANCE OF 1084.21 FEET TO THE
NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 17; THENCE RUN S89°48'23"E ALONG THE NORTH LINE OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 17, A DISTANCE OF
768.05 FEET TO THE WEST RIGHT-OF-WAY LINE OF YOUTH CAMP ROAD (COUNTY
ROAD #2503); THENCE RUN S11°26'14"W ALONG SAID RIGHT-OF- WAY LINE, A
DISTANCE OF 125.82 FEET TO A POINT OF CURVE CONCAVE NORTHWESTERLY
HAVING A RADIUS OF 350.00 FEET; THENCE RUN ALONG THE ARC OF SAID
CURVE THROUGH CENTRAL ANGLE OF 52°11'40", A DISTANCE OF 318.84 FEET TO
THE POINT OF TANGENT; THENCE RUN S63°37'55"W, A DISTANCE OF 529.11 FEET;
THENCE RUN S82°15'58"W, A DISTANCE OF 594.79 FEET; THENCE RUN S70°54'24"W,
A DISTANCE OF 608.70 FEET TO A POINT 240.00 EAST OF THE E LINE OF THE
SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 17; THENCE
LEAVING SAID RIGHT-OF-WAY LINE RUN N00°04'04"W, A DISTANCE OF 886.16 FEET
TO THE POINT OF BEGINNING.
AGENDA - June 11, 2007
Page 149

CONTAINING 25.684 ACRES, MORE OR LESS.

Alternate Key Numbers: 1297524, 1775736, 1505062, 1297419, 1297443, 3448502,
1741971, 1297435, 2566655, 1297427, 2566370 and 2566663


06/11/07
AGENDA - June 11, 2007
Page 150




                                       5.K.1.
                               AGENDA MEMORANDUM


Meeting Date:          June 11, 2007

From:                  Laura McElhanon, AICP, Community Development Director

Subject:               Ordinance to annex 2,485 acres for Aguia Marina, Battaglia Fruit Co.,
                       William P. Floyd, Jr. and Lake County Citrus Sales, Highland Cassidy
                       (Waterfront Estates), Phyllis Bichard Hayes, Donald L. Nicholson, Lyden
                       Holdings 2, Lyden Properties, Bar Key Groves and Banning Ranch.



Staff Recommendation:
The Planning staff recommends approval of the proposed annexation of 2,485 acres for Aguia
Marina, Battaglia Fruit Co., William P. Floyd, Jr. and Lake County Citrus Sales, Highland Cassidy
(Waterfront Estates), Phyllis Bichard Hayes, Donald L. Nicholson, Lyden Holdings 2, Lyden
Properties, Bar Key Groves and Banning Ranch.

Analysis:
The above referenced property owners submitted applications for annexation of approximately
2,485 acres of land generally located east and west of U.S. Hwy. 27, east and west of C.R. 33, west of
Thomas Allen Road, south of Dewey Robbins Road and east and west of the Ronald Reagan
Turnpike, as shown on the attached General Location Map. The present zoning for this property is
A (Agriculture), R-1 (Rural Residential), and PUD (Planned Unit 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. Staff determined that additional property could
not be annexed at this time because adjacent property is developed residentially and because of the
size of the adjacent property.

The large scale comprehensive plan amendments for these properties are being processed, with the
2nd reading of the ordinances scheduled for the June 25, 2007 City Commission meeting. The first
reading of the rezoning ordinances for these properties are also scheduled for the June 11, 2007
Commission meeting.

Police and fire services are presently provided in this area. New construction will require the
payment of the City’s Police and Fire Impact Fees.
AGENDA - June 11, 2007
Page 151

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 positive impact in the first
year ($143.00). Beginning in year 2, with the collection of property taxes, this impact will increase.


Submission Date and Time:              6/27/2011 12:49 PM____

 Department: ______________________     Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: ______________________
 Attachments:      Yes____ No ______    Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Attorney Review :    Yes___ No ____    Submitted by:
                                        City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 152
                                        ORDINANCE NO. ______

       AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
       ANNEXING CERTAIN REAL PROPERTY CONSISTING OF
       APPROXIMATELY 1,778 ACRES AND BEING GENERALLY LOCATED
       EAST AND WEST OF U.S. HWY. 27, EAST OF C.R. 33, WEST OF
       THOMAS ALLEN ROAD, SOUTH OF DEWEY ROBBINS ROAD AND
       EAST AND WEST OF THE RONALD REAGAN TURNPIKE, LYING IN
       SECTIONS 27, 32, 33, 34, 35, AND 36, TOWNSHIP 20 SOUTH, RANGE 24
       EAST, SECTION 18, TOWNSHIP 20 SOUTH, RANGE 25 EAST,
       SECTIONS 1, 17, AND 18, TOWNSHIP 21 SOUTH, RANGE 24 EAST,
       AND SECTIONS 5, 6, AND 7, TOWNSHIP 21 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 3; AND PROVIDING AN
       EFFECTIVE DATE.

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

Section 1.
        Based upon the petitions of Aguia Marina, LLC, Battaglia Fruit Co., Inc., William P Floyd,
Jr. and Lake County Citrus Sales, Inc., Highland Cassiday, LLC, Phillis Bichard Hayes, Donald L.
Nicholson, Lyden Holdings Two, LLC, and Lyden Properties LTD., and Bar Key Groves, Inc., the
owners of 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
                                        Aquia Marina, LLC

The South ½ of the Southeast ¼ of Section 27, Township 20 South, Range 24, East, in Lake
County, Florida, lying East of State Road 33 and South of the Florida State Turnpike.

The Northeast ¼ of Section 34, Township 20 South, Range 24, East, in Lake County, Florida, lying
East of State Road 33 and South of the Florida State Turnpike.
AGENDA - June 11, 2007
Page 153
LESS AND EXCEPT that portion of the above described property conveyed to the Florida State
Turnpike Authority by deed recorded O.R. Book 211, Page 143, of the Public Records of Lake
County, Florida.
                                    Legal Description
                                        Battaglia

PARCEL 1
That part of the South ½ of the South 1/2, Section 35, Township 20 South, Range 24 East, lying
West of the right-of-way of the Sunshine State Parkway, Lake County, Florida.
LESS, from the South ¼ of Section 35, Township 20 South, Range 24 East, run South 89 o35’00”
West along the South line of said Section 35, 37.65 feet; thence North 18o16’30” West for 497.41
feet; to the point of beginning, run thence South 83o11’00” East for 300 feet; thence North 06o49’
East for 274.59 feet to a point on the southwesterly right-of-way of Sunshine State Parkway; run
thence North 43o58’ West along said right-of-way for 516.25 feet; thence South 06o49’ West for
600.94 feet; thence South 83o11’00” East for 100 feet to the point of beginning.
                        (Alt Key #1035481)
And

PARCEL 2
That part of the Northwest ¼ of the Southeast ¼ lying East of the right-of-way of SR #33, LESS
the right-of-way over the North 15 feet; and South ½ of the Southeast ¼, LESS right-of-way of SR
#33 and LESS right-of-way over the South 15 feet of that part of the Southwest ¼ of the Southeast
¼ lying West of Highway #33, all in Section 34, Township 20 South, Range 24 East, Lake County,
Florida.
                       (Alt Key #1775302)

Less and except the following described property:
Commence at the South ¼ corner of Section 34, Township 20 South, Range 24 East, Lake County,
Florida; thence run North 00o03’05” West along the East line of the Southwest ¼ of said Section 34
for a distance of 150.00 feet to the POINT OF BEGINNING; thence continue North 00o03’05”
West along said East line for a distance of 1173.71 feet to the North line of the South ½ of the
Southeast ¼ of said Section 34; thence leaving said East line run North 89o58’56” East along said
North line for a distance of 263.06 feet to the West right-of-way line of County Road No. 33; being
50.00 feet West of, when measured perpendicular to the centerline of County Road No. 33; thence
run South 03o49’01” East along said West right-of-way line for a distance of 1176.85 feet; thence
leaving said West right-of-way line run North 89o55’28” West for distance of 340.35 feet to the
POINT OF BEGINNING.

And

North ½ of Southwest ¼ lying West of Palatlakaha Creek, Section 35, Township 20 South, Range
24 East, Lake County, Florida, and South ½ of South ½ of Northwest ¼ lying West of Palatlakaha
Creek, in Section 35, Township 20 South, Range 24 East.
                       (Alt Key #1035473)

LESS: That portion conveyed by Warranty Deed recorded in Official Records Book 212, page 415,
Public Records of Lake county to the Florida State Turnpike Authority.

And
AGENDA - June 11, 2007
Page 154

The Northeast ¼ of the Southeast ¼ of Section 34, Township 20 South, Range 24 East, LESS the
North 15 feet thereof, Lake County, Florida.
                       (Alt Key #1035465)

TOGETHER WITH a right-of-way easement for ingress and egress over the North 15 feet of the
Northeast ¼ of the Southeast ¼ and the North 15 feet of that part of the Northwest ¼ of the
Southeast ¼ lying East of State Road No. 33, all in Section 34, Township 20 South, Range 24 East,
Lake County, Florida.

                                   LEGAL DESCRIPTION
                                   WILLIAM P. FLOYD, JR.

SW ¼ of SW ¼ of Section 36, Township 20 South, Range 24 East; and SE ¼ of SE ¼ and SW ¼
of SE ¼ lying East of Sunshine Parkway (Florida Turnpike), in Section 35, Township 20 South,
Range 24 East.

                                  LEGAL DESCRIPTION
                                 HIGHLAND CASSIDY, LLC

The North ½ of the Northwest 1/4 of the Northwest 1/4 AND the Southwest 1/4 of the
Northwest 1/4 of the Northwest 1/4 of Section 1, AND that part of the North ½ of the Northeast
1/4 of Section 2, lying East of the east right-of-way of the Sunshine State Parkway (Florida
Turnpike), all lying and being in Township 21 South, Range 24 East, Lake County, Florida.

AND

The NW 1/4 of the NE 1/4; the NE 1/4 of the NW 1/4; the North 100 feet of the SW 1/4 of the
NE 1/4; and the North 100 feet of the SE 1/4 of the NW 1/4; all lying and being in Section 1,
Township 21 South, Range 24 East, Lake County, Florida.
AND

That portion of the North 51 feet of the Northeast 1/4 of the Northeast 1/4 of Section 1,
Township 21 South, Range 24 East, Lake County, Florida lying West of U.S. Highway No. 27.
Together with a non-exclusive easement for ingress and egress over upon and across that part of the
South 20 feet of the Southeast 1/4 of the Southeast 1/4 of Section 36, Township 20 South, Range
24 East, lying West of US Highway 27; and, over upon and across the East 25 feet of the South 20
feet of the Southwest 1/4 of the Southeast 1/4 of Section 36, Township 20 South, Range 24 East,
Lake County, Florida.

ALSO DESCRIBED AS:
THE NORTHWEST 1/4 OF THE NORTHEAST 1/4; THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4, THE NORTH 100 FEET OF THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4, AND THE NORTH 100 FEET OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4, AND THAT PORTION OF THE NORTH 51 FEET OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4, LYING WEST OF U.S. HIGHWAY NO. 27,
ALL LYING AND BEING IN SECTION 1, TOWNSHIP 21 SOUTH, RANGE 24 EAST,
LAKE COUNTY, FLORIDA. DESCRIBED AS FOLLOWS, BEGIN AT THE NORTHWEST
CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 1,
AGENDA - June 11, 2007
Page 155
TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; RUN THENCE
SOUTH 8912'10" EAST, SAID BEARING BEING RELATED TO THE FLORIDA GRID
SYSTEM EAST ZONE, ALONG THE NORTH BOUNDARY OF THE NORTHEAST 1/4 OF
SAID SECTION 1, SAID BOUNDARY ALSO BEING THE SOUTH BOUNDARY OF
PLANTATION AT LEESBURG RIVERSIDE VILLAGE, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 51, PAGES 56 THROUGH 58, PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA, AND THE SOUTH BOUNDARY OF
PLANTATION AT LEESBURG BRAMPTON VILLAGE, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 52, PAGES 26 AND 27, PUBLIC RECORDS OF
LAKE COUNTY, FLORIDA, A DISTANCE OF 1939.65 FEET TO A POINT ON THE
WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 27; FORM SAID POINT, RUN
THENCE SOUTH 0940'36" EAST 51.88 FEET ALONG SAID RIGHT-OF-WAY LINE;
DEPARTING SAID RIGHT-OF-WAY LINE, RUN THENCE NORTH 8912'10" WEST
PARALLEL WITH THE NORTH BOUNDARY OF THE NORTHEAST 1/4 OF SAID
SECTION 1, A DISTANCE OF 624.07 FEET TO A POINT ON THE EAST BOUNDARY OF
THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 1; FROM SAID
POINT, RUN THENCE SOUTH 0039'54" WEST 1354.36 FEET ALONG THE EAST
BOUNDARY OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION
1, AND THE EAST BOUNDARY OF THE NORTH 100 FEET OF THE SOUTHWEST 1/4
OF THE NORTHEAST 1/4 OF SAID SECTION 1; THENCE NORTH 8914'01" WEST
1324.34 FEET ALONG THE SOUTH BOUNDARY OF THE NORTH 100 FEET OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 1;THENCE NORTH
8913'29" WEST 1322.94 FEET ALONG THE SOUTH BOUNDARY OF THE NORTH 100
FEET OF THE SOUTHEAST 1/4 OF NORTHWEST 1/4 OF SAID SECTION 1; THENCE
NORTH 0038'29" EAST 1406.99 FEET ALONG THE WEST BOUNDARY OF THE NORTH
100 FEET OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 1,
AND THE WEST BOUNDARY OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SAID SECTION 1; THENCE SOUTH 8911'06" EAST 1322.98 FEET ALONG THE NORTH
BOUNDARY OF THE NORTHWEST 1/4 OF SAID SECTION 1, SAID BOUNDARY ALSO
BEING THE SOUTH BOUNDARY OF PLANTATION AT LEESBURG RIVERSIDE
VILLAGE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 51,
PAGES 56 THROUGH 58, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; TO THE
NORTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE
POINT OF BEGINNING OF THIS DESCRIPTION

                             LEGAL DESCRIPTION
                           PHYLLIS BICHARD HAYES

BEG 2350.92 FT S OF SW CORNER OF NW 1/4 OF NW 1/4 RUN N 51DEG 32MIN E
2630.45 FT FOR POB RUN N 45DEG 40MIN W TO PT 100 FT S OF N LINE OF SE 1/4 OF
NW 1/4, E TO E LINE OF SW 1/4 OF NE 1/4 S 1880 FT, W 660 FT, S 660 FT, W TO W SIDE
OF POND, NORTHERLY AND WESTERLY ALONG POND TO W LINE SE 1/4, N TO
CENTER OF SECTION, W TO SW CORNER SE 1/4 OF NW 1/4 N 51DEG 32MIN E TO
POB IN SECTION 1, TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE COUNTY,
FLORIDA.

ALT KEY #1116601
AGENDA - June 11, 2007
Page 156
                                  LEGAL DESCRIPTION
                                 DONALD L. NICHOLSON,
                               LYDEN HOLDINGS TWO, LLC

That part of the Northeast ¼ of the Southeast ¼ lying West of the westerly right-of-way line of U.S.
Highway 27 (State Road 8-A, Project 5323) and lying North of the North right-of-way line of
Bridges Road;
AND
The Southeast ¼ of the Northwest ¼ of the Southeast 1/4 lying North of the Northerly right-of-
way line of Bridges Road;
AND
That part of the Southwest ¼ of the Southeast ¼ lying North of the Northerly right-of-way line of
Bridges Road all lying in Section 1, Township 21 South, Range 24 East, Lake County, Florida;
AND
Begin at the intersection of the West line of the Southwest ¼ of the Southeast ¼ of Section 1,
Township 21 South, Range 24 East, Lake County, Florida, with the Northerly right-of-way line of
Bridges Road and run S71°32”46”W along the Northerly right-of-way line of Bridges Road a
Distance of 66.25 feet to a point on the Northeasterly right-of-way line of Florida’s Turnpike;
thence N42 ° 34”17”W along the Northeasterly right-of-way line of Florida’s Turnpike, 250.00 feet,
more or less, to a point on the Southerly water’s edge of Lake, said point hereby designated as Point
“A”; Return to the Point of Beginning and run N00° 30’47”E along the West line of the Southwest
¼ of the Southeast ¼ of the aforementioned Section 1, a distance of 325.44 feet to the Northwest
corner of the Southwest ¼ of the Southeast ¼, said point also being the Southwest corner of the
Northwest ¼ of the Southeast ¼ of said Section 1; thence S89° 23’11”E along the South line of the
Northwest ¼ of the Southeast ¼ a distance of 255.00 feet, more or less, to a point on the Westerly
water’s edge of Lake; thence Northerly, Westerly, Southwesterly and Westerly along and with said
water’s of Lake to intersect the aforementioned Point “A”.

AND ALSO
That part of the Northeast ¼ of the Southeast ¼;
AND
That part of the Southeast ¼ of the Southeast ¼ of Section 1, Township 21 South, Range 24 East,
Lake County, Florida, lying East of the Easterly right-of-way line of U.S. Highway 27 (State Road 8-
A, Project 5323); and that part of Section 6, Township 21 South, Range 25 East, Lake County,
Florida, bounded and described as follows:
Begin at the Northwest corner of the Southwest ¼ of Section 6, Township 21 South,
Range 25 East, and run S89° 48’41”E along the North line of the Southwest ¼, a distance of 157.00
feet, more or less, to a point on the Westerly water’s edge of Fishhook Lake; thence Southeasterly,
Southerly, and Southwesterly along and with said Westerly water’s edge of Fishhook Lake to a point
on the West line of the Southwest ¼ of the aforementioned Section 6; thence N00° 33’49”E along
the West line of the Southwest ¼ to the point of beginning.


                                   LEGAL DESCRIPTION
                                 LYDEN PROPERTIES, LTD.

That part of the SE ¼ of the SE ¼ lying West of the Westerly Right-of-way line of U.S. Highway 27
(State Road 8-A, Project 5323) and South of Bridges Road, Section 1, Township 21 South, Range 24
East, in Lake County, Florida;
AGENDA - June 11, 2007
Page 157

And

That part of the SW ¼ of the SE ¼ lying South of the South Right-of-way line of Bridges Road and
East of the Northeasterly Right-of-Way line of Florida’s Turnpike all lying in Section 1, Township
21 South, Range 24 East, in Lake County, Florida;

And

The North 25.00 feet of the NE ¼ of the NE ¼ of Section 12, Township 21 South, Range 24 East,
in Lake County, Florida.

And

The East ½ of the Northeast ¼ of Section 1, Township 21 South, Range 24 East, in Lake County,
Florida, Less and except the right of way of U.S. Highway No. 27, and also Less and except the right
of way of the County Road along the North portion of that part of the North ½ of the Northeast ¼
of said Section 1, which lies East of Highway 27 in Lake County, Florida, and also Less and except
the North 51 feet of the Northeast ¼ of the Northeast ¼ of said Section 1 lying West of U.S.
Highway No. 27.

                                    LEGAL DESCRIPTION
                                         FLOYD 2

Parcel 1:
Begin at the Southeast corner of the Northwest 1/4 of the Northwest 1/4 of the Southeast 1/4 of
Section 18, Township 20 South, Range 25 East, Lake County, Florida, run thence North 015'03"
West along the East line of said Northwest 1/4 of the Northwest 1/4 of the Southeast 1/4 of
Section 18 a distance of 475.76 feet, thence South 8951'14" West 666.47 feet to a point on the West
line of the Southeast 1/4 of said Section 18, thence South 020'10" East along said West line of the
Southeast 1/4 a distance of 474.91 feet to the Southwest corner of said Northwest 1/4 of the
Northwest 1/4 of the Southeast 1/4 of Section 18, thence North 8955'38" East along said South
line of the said Northwest 1/4 of the Northwest 1/4 of the Southeast 1/4 of Section 18 a distance
of 665.77 feet to the point of beginning and point of terminus. Together with an easement for
ingress and egress over, upon and through the South 20 feet of the Northeast 1/4 of the Northwest
1/4 of the Southeast 1/4 of said Section 18.

Parcel 2:
That part of Government Lots 3 and 4, Section 6, Township 21 South, Range 25 East, described as
follows: Begin at the Northwest corner of said Section 6, run South along the West line of said
section 1763.20 feet to a concrete monument, thence South 8948'41" East to a point 660 feet West
of the East boundary of said Government Lot 4, thence North parallel to the East boundary of said
Government Lots 4 and 3 to the North line of said Section 6, thence West along said section line to
the point of beginning.

                                    LEGAL DESCRIPTION
                                   BAR-KEY GROVES, INC.
AGENDA - June 11, 2007
Page 158
That part of Government Lot 4 in Section 6, Township 21 South, Range 25 East, Lake County,
Florida, bounded and described as follows: From the Northwest corner of said Section 6, run
Southerly along the West line of said Section 6 a distance of 1,763.2 feet to a concrete monument,
being the point of beginning of this description. From said point of beginning, run South 8948'41"
East 940 feet to a concrete monument; thence South 033'47" West 526.8 feet to a concrete
monument; continue thence in the same direction to the South line of said Government Lot 4;
thence Westerly along said South line to the Southwest corner of said Government Lot 4; thence
Northwesterly along the West line of said Section 6 to the point of beginning.

AND

The North ½ of Government Lot 4; and NW 1/4 of SW 1/4; and North 418.45 feet to the SW 1/4
of SW 1/4; all in Section 5, Township 21 South, Range 25 East, Lake County, Florida.

The East ½ of Section 6, Less: That portion of the SE 1/4 of the SE 1/4 that lies East and South of
a straight line drawn form NW corner of the SE 1/4 of the NE 1/4 of Section 7, to a point on the
East boundary of Section 6, that is 901.55 feet North of the SE corner of Section 6;

The East 660 feet of the NW 1/4 (also known as Government Lots 3 and 4) and the East 845.8 feet
to the West 1785.8 feet of the South 805 feet of Government Lot 4; and all of Government Lot 6,
East of U.S. Highway 27, State Road No. 25, and all of Government Lot 5; LESS: A portion
beginning 2682.65 feet North of S. W. corner of Section 6, run East to the waters edge of “Fish
Hook Lake” thence Southerly, Southeasterly and Southwesterly along waters edge of said Lake to
intersect the West Boundary of said Section 6, thence North to P.O.B. Also Less: Begin 660 feet
West of N. E. corner of Government Lot 5, run South to highwater mark of “Fish Hook Lake” also
known as “Lake Lucile”, run West 250.49 feet, begin again at P.O.B. and run West to said Lake, said
point being approximately 250.4 feet West of the P.O.B., then run South into said Lake to intersect
North boundary all in Section 6, Township 21 South Range 25 East, Lake County, Florida;

The SW 1/4 of NE 1/4, LESS: The South 600 feet; the NW 1/4 of NE 1/4 ; and that portion of
NE 1/4 of NE 1/4 lying and being North and West of a straight line drawn from the N. W. corner
of the SE 1/4 of NE 1/4 of Section 7, to a point on the East boundary of Section 6, 901.55 feet
North of the S. E. corner of Section 6, and the N. E. corner of Section 7, all in Section 7, Township
21 South, Range 25 East, Lake County, Florida;

AND: The E ½ of Government Lot 2, Section 7, Township 21 South, Range 25 East, the same
being the SE 1/4 of NW 1/4 of Section 7, Township 21 South, Range 25 East, LESS: Begin on the
South line of the NW 1/4, Section 7, Township 21 South, Range 25 East, at a point South 8926'11"
West a distance of 911.10 feet from the center of Section 7, run thence South 8926'11" West along
said South line a distance of 314.88 feet to a point, said point being the Southwest corner of SW 1/4
of NW 1/4, said Section 7, thence North 053'06" West along the West line of Said SE 1/4 of NW
1/4, a distance of 177.61 feet to a point, thence South 6112'55" East a distance of 362.38 feet to
the point of beginning.

ALSO: All interest in easement described in that certain easement conveyed to Florida State
Turnpike Authority for right of way purposes on the 26th day of October, 1962, as shown by
easement recorded in O. R. Book 221, page 303, Public Records of Lake County, Florida.
AGENDA - June 11, 2007
Page 159
                                      LEGAL DESCRIPTION
                                      BANNING PROPERTY

The East ½ of the Southeast ¼ in Section 32, Township 20 South, Range 24 East, Lake County,
Florida.

And
East ½ of the Northwest ¼; The Southwest ¼ of Northeast ¼; The West ¾ of South ½; The
Northeast ¼ of Southeast ¼; and the Southeast ¼ of the Northeast ¼ in Section 33, Township 20
South, Range 24 East, Lake County, Florida.

And
The North ½ of Southeast ¼ of the Northwest ¼; The North ½ of the Southwest ¼ of Northeast
¼ lying West of Highway 33; The Southwest ¼ of the Northwest ¼; and the Northwest ¼ of the
Southwest ¼, in Section 34, Township 20 South, Range 24 East, Lake County, Florida.

Together with a 25 foot wide easement for ingress and egress lying 12.5 feet on each side of the
following described center line; Beginning at the Southwest corner of the Southeast ¼ of the
Northeast 1/4 of Section 33, Township 20 South, Range 24 East, in Lake County, Florida; thence
running East along the mid-section line of said Section 33 to the Southwest corner of the Southwest
¼ of the Northwest ¼ of Section 34, Township 20 South, Range 24 East, in Lake County, Florida;
thence running North along the West line of said Section 34 to a point on the South line of the
North ¼ of the Southwest ¼ of the Northwest ¼ of said Section 34; thence running East and
parallel with the North line of the South ¼ of the North ¼ of the said Section 34 to a point on the
Westerly line of the right of State Road No. 33

Together with a non-exclusive easement for ingress and egress 12.5 feet in width on each side of the
South line of the North ¼ of the Southwest ¼ of the Northwest ¼ and the West line of the South
¾ of the Southwest ¼ of the Northwest ¼ of Section 34, Township 20 South, Range 24 East, Lake
County, Florida. As recorded in Official Records Book 807, Pages 2174 through 2175 and Official
Records Book 2094, Pages 2449 through 2450, Public Records of Lake County, Florida.

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                        , 2007.
AGENDA - June 11, 2007
Page 160

                                             By:____________________________________
                                                    Mayor
ATTEST:
__________________________________________
City Clerk

06/11/07
AGENDA - June 11, 2007
Page 161


                                               5.K.2.
                                AGENDA MEMORANDUM


MEETING DATE: June 11, 2007

FROM:                   Laura McElhanon, AICP, Community Development Director

SUBJECT:                Ordinance for Rezoning for Aguia Marina, LLC



Staff Recommendation:
The Planning Commission and Planning staff recommends approval of the proposed rezoning of
the subject property from County A (Agriculture) to City RE-1 (Estate Residential).

Analysis:
The project site is approximately 136 acres. The property is generally situated east of CR 33, south
of the Turnpike, as shown on the attached General Location Map. The present zoning for this
property is County A (Agriculture). The property is currently undeveloped and the proposed use of
the site is for residential development. The surrounding zoning designations are County A
(Agriculture) to the east, south, north and west, and County R-1 (Residential) to the south and City
PUD (Planned Unit Development) to the east.

The proposed zoning district of City RE-1 (Estate Residential) is compatible with adjacent and
nearby properties in the area and with the proposed City future land use designation of City Estate
Residential. However, the Annexation Agreement requires rezoning to a Planned Development
District by the developer prior to development.

The existing land uses surrounding the property are undeveloped properties.

Development of the parcel shall require expansion of City utilities at the owner’s expense.

By a vote of 7 to 0, the Planning Commission recommended approval

Options:
1.    Approve the proposed rezoning to City RE-1 (Estate Residential), thereby allowing
      consistent zoning and development standards for the area.
2.    Disapprove the proposed rezoning.
3.    Other such action as the Commission may deem appropriate.

Fiscal Impact:
There is no fiscal impact to the City.
AGENDA - June 11, 2007
Page 162

Submission Date and Time:              6/27/11 12:49 PM____




 Department: Community Development      Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: Bill Wiley, AICP
 Attachments: Yes__X__ No ______        Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Newspapers:                            Submitted by:
 _________________________________      City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 163
                                  ORDINANCE NO. ______

       AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
       REZONING APPROXIMATELY 136 ACRES GENERALLY LOCATED
       EAST OF CR 33, SOUTH OF THE TURNPIKE, LYING IN SECTIONS 27
       AND 34, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY,
       FLORIDA, FROM COUNTY A (AGRICULTURE) TO CITY RE-1
       (ESTATE RESIDENTIAL); AND PROVIDING AN EFFECTIVE DATE.
       (AGUIA MARINA)

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

Section 1.

        Based upon the petition of Aguia Marina, LLC, the owner of the property hereinafter
described, 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 said property located in
Lake County, Florida, is hereby rezoned from County A (Agriculture) to City RE-1 (Estate
Residential), to-wit:

                                            Legal Description
                                             (See Exhibit A)


Section 2.

       This ordinance shall become effective upon its passage and adoption, according to law.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the    day of                      , 2007.

                                                     THE CITY OF LEESBURG

                                                     By: _________________________________
                                                            Mayor
ATTEST:

___________________________________
      City Clerk
AGENDA - June 11, 2007
Page 164


                                         EXHIBIT A

                                      Legal Description


CASE #: 137A-4-090706

The South ½ of the Southeast ¼ of Section 27, Township 20 South, Range 24, East, in Lake
County, Florida, lying East of State Road 33 and South of the Florida State Turnpike.

The Northeast ¼ of Section 34, Township 20 South, Range 24, East, in Lake County, Florida, lying
East of State Road 33 and South of the Florida State Turnpike.

LESS AND EXCEPT that portion of the above described property conveyed to the Florida State
Turnpike Authority by deed recorded O.R. Book 211, Page 143, of the Public Records of Lake
County, Florida.

Alternate Key Numbers: 1035422 & 1296633



06/11/07
AGENDA - June 11, 2007
Page 165


                                               5.K.3.
                                AGENDA MEMORANDUM


MEETING DATE: June 11, 2007

FROM:                   Laura McElhanon, AICP, Community Development Director

SUBJECT:                Ordinance for Rezoning for Battaglia Fruit Co.



Staff Recommendation:
The Planning Commission and Planning staff recommends approval of the proposed rezoning of
the subject property from County A (Agriculture) and R-1 (Residential) to City RE-1 (Estate
Residential).

Analysis:
The project site is approximately 285 acres. The property is generally situated east of CR 33, south
of the Turnpike, as shown on the attached General Location Map. The present zoning for this
property is County A (Agriculture) and R-1 (Residential). The property is currently undeveloped and
the proposed use of the site is for residential development. The surrounding zoning designations are
County A (Agriculture) to the east, south, north and west, and City PUD (Planned Unit
Development) to the east.

The proposed zoning district of City RE-1 (Estate Residential) is compatible with adjacent and
nearby properties in the area and with the proposed City future land use designation of City Estate
Residential. However, the Annexation Agreement requires rezoning to a Planned Development
District by the developer prior to development.

The existing land uses surrounding the property are undeveloped properties and single family
residential.

Development of the parcel shall require expansion of City utilities at the owner’s expense.

By a vote of 7 to 0, the Planning Commission recommended approval

Options:
1.    Approve the proposed rezoning to City RE-1 (Estate Residential), thereby allowing
      consistent zoning and development standards for the area.
2.    Other such action as the Commission may deem appropriate.

Fiscal Impact:
There is no fiscal impact to the City.
AGENDA - June 11, 2007
Page 166
Submission Date and Time:              6/27/11 12:49 PM____




 Department: Community Development      Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: Bill Wiley, AICP
 Attachments: Yes__X__ No ______        Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Newspapers:                            Submitted by:
 _________________________________      City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 167
                                   ORDINANCE NO. ______

       AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
       REZONING APPROXIMATELY 285 ACRES GENERALLY LOCATED
       EAST OF CR 33, SOUTH OF THE TURNPIKE, LYING IN SECTIONS 34
       AND 35, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY,
       FLORIDA, FROM COUNTY A (AGRICULTURE) AND R-1
       (RESIDENTIAL) TO CITY RE-1 (ESTATE RESIDENTIAL); AND
       PROVIDING AN EFFECTIVE DATE (BATTAGLIA).

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

Section 1.

        Based upon the petition of W.P. Battaglia, the owner of the property hereinafter described,
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 said property located in Lake County,
Florida, is hereby rezoned from County A (Agriculture) and R-1 (Residential) to City RE-1 (Estate
Residential), to-wit:

                                             Legal Description
                                              (See Exhibit A)

Section 2.

       This ordinance shall become effective upon its passage and adoption, according to law.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the    day of                      , 2007.

                                                      THE CITY OF LEESBURG

                                                      By: _________________________________
                                                             Mayor
ATTEST:

___________________________________
      City Clerk
AGENDA - June 11, 2007
Page 168

                                          EXHIBIT A

                                       Legal Description


CASE #: 155A-4-090706

Battaglia legal description:

PARCEL 1
That part of the South ½ of the South 1/2, Section 35, Township 20 South, Range 24 East, lying
West of the right-of-way of the Sunshine State Parkway, Lake County, Florida.
LESS, from the South ¼ of Section 35, Township 20 South, Range 24 East, run South 89 o35’00”
West along the South line of said Section 35, 37.65 feet; thence North 18o16’30” West for 497.41
feet; to the point of beginning, run thence South 83o11’00” East for 300 feet; thence North 06o49’
East for 274.59 feet to a point on the southwesterly right-of-way of Sunshine State Parkway; run
thence North 43o58’ West along said right-of-way for 516.25 feet; thence South 06o49’ West for
600.94 feet; thence South 83o11’00” East for 100 feet to the point of beginning.
                        (Alt Key #1035481)

And

PARCEL 2
That part of the Northwest ¼ of the Southeast ¼ lying East of the right-of-way of SR #33, LESS
the right-of-way over the North 15 feet; and South ½ of the Southeast ¼, LESS right-of-way of SR
#33 and LESS right-of-way over the South 15 feet of that part of the Southwest ¼ of the Southeast
¼ lying West of Highway #33, all in Section 34, Township 20 South, Range 24 East, Lake County,
Florida.
                       (Alt Key #1775302)

Less and except the following described property:
Commence at the South ¼ corner of Section 34, Township 20 South, Range 24 East, Lake County,
Florida; thence run North 00o03’05” West along the East line of the Southwest ¼ of said Section 34
for a distance of 150.00 feet to the POINT OF BEGINNING; thence continue North 00 o03’05”
West along said East line for a distance of 1173.71 feet to the North line of the South ½ of the
Southeast ¼ of said Section 34; thence leaving said East line run North 89o58’56” East along said
North line for a distance of 263.06 feet to the West right-of-way line of County Road No. 33; being
50.00 feet West of, when measured perpendicular to the centerline of County Road No. 33; thence
run South 03o49’01” East along said West right-of-way line for a distance of 1176.85 feet; thence
leaving said West right-of-way line run North 89o55’28” West for distance of 340.35 feet to the
POINT OF BEGINNING.

And

North ½ of Southwest ¼ lying West of Palatlakaha Creek, Section 35, Township 20 South, Range
24 East, Lake County, Florida, and South ½ of South ½ of Northwest ¼ lying West of Palatlakaha
Creek, in Section 35, Township 20 South, Range 24 East.
                       (Alt Key #1035473)
AGENDA - June 11, 2007
Page 169

LESS: That portion conveyed by Warranty Deed recorded in Official Records Book 212, page 415,
Public Records of Lake county to the Florida State Turnpike Authority.

And

The Northeast ¼ of the Southeast ¼ of Section 34, Township 20 South, Range 24 East, LESS the
North 15 feet thereof, Lake County, Florida.
                       (Alt Key #1035465)

TOGETHER WITH a right-of-way easement for ingress and egress over the North 15 feet of the
Northeast ¼ of the Southeast ¼ and the North 15 feet of that part of the Northwest ¼ of the
Southeast ¼ lying East of State Road No. 33, all in Section 34, Township 20 South, Range 24 East,
Lake County, Florida.

Alternate Key Numbers: 1775302, 1035465, 1035481 & 1035473



06/11/07
AGENDA - June 11, 2007
Page 170


                                               5.K.4.
                                AGENDA MEMORANDUM


MEETING DATE: June 11, 2007

FROM:                   Laura McElhanon, AICP, Community Development Director

SUBJECT:                Ordinance for Rezoning for William P. Floyd, Jr. and Lake County Citrus
                        Sales, Inc.



Staff Recommendation:
The Planning Commission and Planning staff recommends approval of the proposed rezoning for
the subject property from County A (Agriculture) to City RE-1 (Estate Residential).

Analysis:
The project site is approximately 108 acres. The property is generally situated east of the Turnpike,
north of Orchard Drive, 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 of the site is for residential development. The surrounding zoning designations are County A
(Agriculture) to the east, south, and north, and County A (Agriculture) and County CFD
(Community Facility District) to the west.

The proposed zoning district of City RE-1 (Estate Residential) is compatible with adjacent and
nearby properties in the area and with the proposed City future land use designation of City Estate
Residential. However, the Annexation Agreement requires rezoning to a Planned Development
District by the developer prior to development.

The existing land uses surrounding the property are undeveloped properties.

Development of the parcel shall require expansion of City utilities at the owner’s expense.

By a vote of 7 to 0, the Planning Commission recommended approval

Options:
1.    Approve the proposed rezoning to City RE-1 (Estate Residential), thereby allowing
      consistent zoning and development standards for the area.
2.    Disapprove the proposed rezoning.
3.    Other such action as the Commission may deem appropriate.

Fiscal Impact:
There is no fiscal impact to the City.
AGENDA - June 11, 2007
Page 171
Submission Date and Time:              6/27/11 12:49 PM____




 Department: Community Development      Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: Bill Wiley, AICP
 Attachments: Yes__X__ No ______        Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Newspapers:                            Submitted by:
 _________________________________      City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 172
                                  ORDINANCE NO. ______

       AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
       REZONING APPROXIMATELY 108 ACRES GENERALLY LOCATED
       EAST OF THE TURNPIKE, NORTH OF ORCHARD DRIVE, LYING IN
       SECTION 36, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE
       COUNTY, FLORIDA, FROM COUNTY A (AGRICULTURE) TO CITY
       RE-1 (ESTATE RESIDENTIAL); AND PROVIDING AN EFFECTIVE
       DATE (FLOYD 1).

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

Section 1.

        Based upon the petition of William P. Floyd, Jr. and Lake County Citrus Sales, Inc., the
owners of the property hereinafter described, 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 said property located in Lake County, Florida, is hereby rezoned from County A (Agriculture) to
City RE-1 (Estate Residential), to-wit:

                                            Legal Description
                                             (See Exhibit A)


Section 2.

       This ordinance shall become effective upon its passage and adoption, according to law.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the    day of                      , 2007.

                                                     THE CITY OF LEESBURG

                                                     By: _________________________________
                                                            Mayor
ATTEST:

___________________________________
      City Clerk
AGENDA - June 11, 2007
Page 173


                                        EXHIBIT A

                                      Legal Description


CASE #: 131A-0-090706

SW ¼ of SW ¼ of Section 36, Township 20 South, Range 24 East; and SE ¼ of SE ¼ and SW ¼
of SE ¼ lying East of Sunshine Parkway (Florida Turnpike), in Section 35, Township 20 South,
Range 24 East.

Alternate Key Numbers: 3807722 and 1062349



06/11/07
AGENDA - June 11, 2007
Page 174


                                               5.K.5.
                                AGENDA MEMORANDUM


MEETING DATE: June 11, 2007

FROM:                   Laura McElhanon, AICP, Community Development Director

SUBJECT:                Ordinance for Rezoning for Highland Cassidy, LLC (Waterfront Estates)



Staff Recommendation:
The Planning Commission and Planning staff recommends approval of the proposed rezoning of
the subject property from County A (Agriculture) to City RE-1 (Estate Residential).

Analysis:
The project site is approximately 144 acres. The property is generally situated south of Orchard
Drive, west of US 27/CR 25, east of Turnpike, as shown on the attached General Location Map.
The present zoning for this property is County A (Agriculture) and PUD (Planned Unit
Development). Currently, the property has the eastern portion under development for single family
residential and the western portion is undeveloped. The proposed use of the site is for residential
development. The surrounding zoning designations are County A (Agriculture) to the east, south,
and west, and County A (Agriculture) and County PUD (Planned Unit Development) to the north.

The proposed zoning district of City RE-1 (Estate Residential) is compatible with adjacent and
nearby properties in the area and with the proposed City future land use designation of City Estate
Residential. However, the Annexation Agreement requires rezoning to a Planned Development
District by the developer prior to development.

The existing land uses surrounding the property are undeveloped properties and single family
residential uses.

Development of the parcel shall require expansion of City utilities at the owner’s expense.

By a vote of 6 to 0, the Planning Commission recommended approval

Options:
1.    Approve the proposed rezoning to City RE-1 (Estate Residential), thereby allowing
      consistent zoning and development standards for the area.
2.    Other such action as the Commission may deem appropriate.

Fiscal Impact:
There is no fiscal impact to the City.
AGENDA - June 11, 2007
Page 175
Submission Date and Time:              6/27/11 12:49 PM____




 Department: Community Development      Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: Bill Wiley, AICP
 Attachments: Yes__X__ No ______        Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Newspapers:                            Submitted by:
 _________________________________      City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 176

                                  ORDINANCE NO. ______

       AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
       REZONING APPROXIMATELY 144 ACRES GENERALLY LOCATED
       SOUTH OF ORCHARD DRIVE, WEST OF US 27/CR 25, EAST OF THE
       FLORIDA (RONALD REAGAN) TURNPIKE, LYING IN SECTION 1,
       TOWNSHIP 21 SOUTH, RANGE 24 EAST, AND SECTION 36,
       TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA,
       FROM COUNTY A (AGRICULTURE) AND PUD (PLANNED UNIT
       DEVELOPMENT) TO CITY RE-1 (ESTATE RESIDENTIAL); AND
       PROVIDING AN EFFECTIVE DATE (WATERFRONT ESTATES).

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

Section 1.

        Based upon the petition of Highland Cassidy, LLC (Waterfront Estates), the owner of the
property hereinafter described, 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
said property located in Lake County, Florida, is hereby rezoned from County A (Agriculture) and
PUD (Planned Unit Development) to City RE-1 (Estate Residential)., to-wit:

                                            Legal Description
                                             (See Exhibit A)

       Alternate Key Numbers: 1035538, 1035571 and 1035520

Section 2.

       This ordinance shall become effective upon its passage and adoption, according to law.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the    day of                      , 2007.

                                                     THE CITY OF LEESBURG

                                                     By: _________________________________
                                                            Mayor
ATTEST:

___________________________________
      City Clerk
AGENDA - June 11, 2007
Page 177



CASE NO: 124-1-090706

                                   Exhibit A
                              LEGAL DESCRIPTION

THE NORTH ½ OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE
SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 1,
AND THAT PART OF THE NORTH ½ OF THE NORTHEAST 1/4 OF SECTION 2, LYING
EAST OF THE EAST RIGHT-OF-WAY OF THE SUNSHINE STATE PARKWAY (FLORIDA
TURNPIKE), ALL LYING AND BEING IN TOWNSHIP 21 SOUTH, RANGE 24 EAST,
LAKE COUNTY, FLORIDA.

AND

THE NW 1/4 OF THE NE 1/4; THE NE 1/4 OF THE NW 1/4; THE NORTH 100 FEET OF
THE SW 1/4 OF THE NE 1/4; AND THE NORTH 100 FEET OF THE SE 1/4 OF THE NW
1/4; ALL LYING AND BEING IN SECTION 1, TOWNSHIP 21 SOUTH, RANGE 24 EAST,
LAKE COUNTY, FLORIDA.

AND

THAT PORTION OF THE NORTH 51 FEET OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE
COUNTY, FLORIDA LYING WEST OF U.S. HIGHWAY NO. 27.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS
OVER UPON AND ACROSS THAT PART OF THE SOUTH 20 FEET OF THE
SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 20 SOUTH,
RANGE 24 EAST, LYING WEST OF US HIGHWAY 27; AND, OVER UPON AND ACROSS
THE EAST 25 FEET OF THE SOUTH 20 FEET OF THE SOUTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE
COUNTY, FLORIDA.

ALSO DESCRIBED AS:

THE NORTHWEST 1/4 OF THE NORTHEAST 1/4; THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4, THE NORTH 100 FEET OF THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4, AND THE NORTH 100 FEET OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4, AND THAT PORTION OF THE NORTH 51 FEET OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4, LYING WEST OF U.S. HIGHWAY NO. 27,
ALL LYING AND BEING IN SECTION 1, TOWNSHIP 21 SOUTH, RANGE 24 EAST,
LAKE COUNTY, FLORIDA. DESCRIBED AS FOLLOWS, BEGIN AT THE NORTHWEST
CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 1,
TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA; RUN THENCE
SOUTH 8912'10" EAST, SAID BEARING BEING RELATED TO THE FLORIDA GRID
SYSTEM EAST ZONE, ALONG THE NORTH BOUNDARY OF THE NORTHEAST 1/4 OF
SAID SECTION 1, SAID BOUNDARY ALSO BEING THE SOUTH BOUNDARY OF
AGENDA - June 11, 2007
Page 178
PLANTATION AT LEESBURG RIVERSIDE VILLAGE, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 51, PAGES 56 THROUGH 58, PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA, AND THE SOUTH BOUNDARY OF
PLANTATION AT LEESBURG BRAMPTON VILLAGE, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 52, PAGES 26 AND 27, PUBLIC RECORDS OF
LAKE COUNTY, FLORIDA, A DISTANCE OF 1939.65 FEET TO A POINT ON THE
WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 27; FORM SAID POINT, RUN
THENCE SOUTH 0940'36" EAST 51.88 FEET ALONG SAID RIGHT-OF-WAY LINE;
DEPARTING SAID RIGHT-OF-WAY LINE, RUN THENCE NORTH 8912'10" WEST
PARALLEL WITH THE NORTH BOUNDARY OF THE NORTHEAST 1/4 OF SAID
SECTION 1, A DISTANCE OF 624.07 FEET TO A POINT ON THE EAST BOUNDARY OF
THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 1; FROM SAID
POINT, RUN THENCE SOUTH 0039'54" WEST 1354.36 FEET ALONG THE EAST
BOUNDARY OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION
1, AND THE EAST BOUNDARY OF THE NORTH 100 FEET OF THE SOUTHWEST 1/4
OF THE NORTHEAST 1/4 OF SAID SECTION 1; THENCE NORTH 8914'01" WEST
1324.34 FEET ALONG THE SOUTH BOUNDARY OF THE NORTH 100 FEET OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 1;THENCE NORTH
8913'29" WEST 1322.94 FEET ALONG THE SOUTH BOUNDARY OF THE NORTH 100
FEET OF THE SOUTHEAST 1/4 OF NORTHWEST 1/4 OF SAID SECTION 1; THENCE
NORTH 0038'29" EAST 1406.99 FEET ALONG THE WEST BOUNDARY OF THE NORTH
100 FEET OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 1,
AND THE WEST BOUNDARY OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SAID SECTION 1; THENCE SOUTH 8911'06" EAST 1322.98 FEET ALONG THE NORTH
BOUNDARY OF THE NORTHWEST 1/4 OF SAID SECTION 1, SAID BOUNDARY ALSO
BEING THE SOUTH BOUNDARY OF PLANTATION AT LEESBURG RIVERSIDE
VILLAGE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 51,
PAGES 56 THROUGH 58, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; TO THE
NORTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE
POINT OF BEGINNING OF THIS DESCRIPTION


       Alternate Key Numbers: 1035538, 1035571 and 1035520
06/11/07
AGENDA - June 11, 2007
Page 179


                                               5.K.6.
                                AGENDA MEMORANDUM


MEETING DATE: June 11, 2007

FROM:                   Laura McElhanon, AICP, Community Development Director

SUBJECT:                Ordinance for Rezoning for Phyllis Bichard Hayes



Staff Recommendation:
The Planning Commission and Planning staff recommends approval of the proposed rezoning of
the subject property from County A (Agriculture) to City RE-1 (Estate Residential).

Analysis:
The project site is approximately 96 acres. The property is generally situated east of the Turnpike,
west of US 27, as shown on the attached General Location Map. The present zoning for this
property is County A (Agriculture). The property is currently undeveloped and the proposed use of
the site is for conservation purposes. The surrounding zoning designations are County A
(Agriculture) to the east and to the west, and County PUD (Planned Unit Development) to the
south and north.

The proposed zoning district of City RE-1 (Estate Residential) is compatible with adjacent and
nearby properties in the area and with the proposed City future land use designation of City
Conservation. The Annexation Agreement restricts the use of the property to conservation
purposes.

The existing land uses surrounding the property are undeveloped properties.

Development of the parcel shall require expansion of City utilities at the owner’s expense.

By a vote of 7 to 0, the Planning Commission recommended approval

Options:
1.    Approve the proposed rezoning to City RE-1 (Estate Residential), thereby allowing
      consistent zoning and development standards for the area.
2.    Other such action as the Commission may deem appropriate.

Fiscal Impact:
There is no fiscal impact to the City.
AGENDA - June 11, 2007
Page 180

Submission Date and Time:              6/27/11 12:49 PM____




 Department: Community Development      Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: Bill Wiley, AICP
 Attachments: Yes__X__ No ______        Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Newspapers:                            Submitted by:
 _________________________________      City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 181
                                  ORDINANCE NO. ______

       AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
       REZONING APPROXIMATELY 96 ACRES GENERALLY LOCATED
       EAST OF THE TURNPIKE, WEST OF US 27, LYING IN SECTION 1,
       TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE COUNTY, FLORIDA,
       FROM COUNTY A (AGRICULTURE) TO CITY RE-1 (ESTATE
       RESIDENTIAL); AND PROVIDING AN EFFECTIVE DATE (PHYLLIS
       BICHARD HAYES).

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

Section 1.

        Based upon the petition of Phyllis Bichard Hayes, the owner of the property hereinafter
described, 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 said property located in
Lake County, Florida, is hereby rezoned from County A (Agriculture) to City RE-1 (Estate
Residential)., to-wit:

                                            Legal Description
                                             (See Exhibit A)

Alternate Key Number: 1116601


Section 2.

       This ordinance shall become effective upon its passage and adoption, according to law.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the    day of                      , 2007.

                                                     THE CITY OF LEESBURG

                                                     By: _________________________________
                                                            Mayor
ATTEST:

___________________________________
      City Clerk
AGENDA - June 11, 2007
Page 182




CASE NO: 140-1-090706

                                           Exhibit A
                                      LEGAL DESCRIPTION

BEG 2350.92 FT S OF SW CORNER OF NW 1/4 OF NW 1/4 RUN N 51DEG 32MIN E
2630.45 FT FOR POB RUN N 45DEG 40MIN W TO PT 100 FT S OF N LINE OF SE 1/4 OF
NW 1/4, E TO E LINE OF SW 1/4 OF NE 1/4 S 1880 FT, W 660 FT, S 660 FT, W TO W SIDE
OF POND, NORTHERLY AND WESTERLY ALONG POND TO W LINE SE 1/4, N TO
CENTER OF SECTION, W TO SW CORNER SE 1/4 OF NW 1/4 N 51DEG 32MIN E TO
POB IN SECTION 1, TOWNSHIP 21 SOUTH, RANGE 24 EAST, LAKE COUNTY,
FLORIDA.

      Alternate Key Number: 1116601



06/11/07
AGENDA - June 11, 2007
Page 183


                                               5.K.7.
                                AGENDA MEMORANDUM


MEETING DATE: June 11, 2007

FROM:                   Laura McElhanon, AICP, Community Development Director

SUBJECT:                Ordinance for Rezoning for William P. Floyd, Jr. and Lake County Citrus
                        Sales, Inc.



Staff Recommendation:
The Planning Commission and Planning staff recommends approval of the proposed rezoning for
the subject property from County A (Agriculture) to City RE-1 (Estate Residential).

Analysis:
The project site is approximately 71 acres. The property is generally situated east of US 27 and
south of Dewey Robbins 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 of the site is for residential development. The surrounding zoning designations are
County A (Agriculture) to the east, south, and west, County A (Agriculture), and County RP
(Residential Professional) to the north.

The proposed zoning district of City RE-1 (Estate Residential) is compatible with adjacent and
nearby properties in the area and with the proposed City future land use designation of City Estate
Residential. However, the Annexation Agreement requires rezoning to a Planned Development
District by the developer prior to development.

The existing land uses surrounding the property are undeveloped properties.

Development of the parcel shall require expansion of City utilities at the owner’s expense.

By a vote of 7 to 0, the Planning Commission recommended approval.

Options:
1.    Approve the proposed rezoning to City RE-1 (Estate Residential), thereby allowing
      consistent zoning and development standards for the area.
2.    Disapprove the proposed rezoning.
3.    Other such action as the Commission may deem appropriate.

Fiscal Impact:
There is no fiscal impact to the City.
AGENDA - June 11, 2007
Page 184
Submission Date and Time:              6/27/11 12:49 PM____




 Department: Community Development      Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: Bill Wiley, AICP
 Attachments: Yes__X__ No ______        Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Newspapers:                            Submitted by:
 _________________________________      City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 185
                                  ORDINANCE NO. ______

       AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
       REZONING APPROXIMATELY 71 ACRES GENERALLY LOCATED
       EAST OF US 27 AND SOUTH OF DEWEY ROBBINS ROAD, LYING IN
       SECTION 18, TOWNSHIP 20 SOUTH, RANGE 25 EAST AND SECTION
       6, TOWNSHIP 21 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA,
       FROM COUNTY A (AGRICULTURE) TO CITY RE-1 (ESTATE
       RESIDENTIAL); AND PROVIDING AN EFFECTIVE DATE (FLOYD 2).

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

Section 1.

        Based upon the petition of William P. Floyd, Jr. and Lake County Citrus Sales, Inc., the
owners of the property hereinafter described, 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 said property located in Lake County, Florida, is hereby rezoned from County A (Agriculture) to
City RE-1 (Estate Residential)., to-wit:

                                            Legal Description
                                             (See Exhibit A)

       Alternate Key Numbers: 1772109 and 1289459

Section 2.

       This ordinance shall become effective upon its passage and adoption, according to law.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the    day of                      , 2007.

                                                     THE CITY OF LEESBURG

                                                     By: _________________________________
                                                            Mayor
ATTEST:

___________________________________
      City Clerk
AGENDA - June 11, 2007
Page 186



CASE NO: 154-1-090706

                                        Exhibit A
                                   LEGAL DESCRIPTION

PARCEL 1:
BEGIN AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 20 SOUTH,
RANGE 25 EAST, LAKE COUNTY, FLORIDA, RUN THENCE NORTH 015'03" WEST
ALONG THE EAST LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF
THE SOUTHEAST 1/4 OF SECTION 18 A DISTANCE OF 475.76 FEET, THENCE SOUTH
8951'14" WEST 666.47 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST
1/4 OF SAID SECTION 18, THENCE SOUTH 020'10" EAST ALONG SAID WEST LINE
OF THE SOUTHEAST 1/4 A DISTANCE OF 474.91 FEET TO THE SOUTHWEST
CORNER OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST
1/4 OF SECTION 18, THENCE NORTH 8955'38" EAST ALONG SAID SOUTH LINE OF
THE SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF
SECTION 18 A DISTANCE OF 665.77 FEET TO THE POINT OF BEGINNING AND
POINT OF TERMINUS. TOGETHER WITH AN EASEMENT FOR INGRESS AND
EGRESS OVER, UPON AND THROUGH THE SOUTH 20 FEET OF THE NORTHEAST
1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 18.

PARCEL 2:
THAT PART OF GOVERNMENT LOTS 3 AND 4, SECTION 6, TOWNSHIP 21 SOUTH,
RANGE 25 EAST, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER
OF SAID SECTION 6, RUN SOUTH ALONG THE WEST LINE OF SAID SECTION 1763.20
FEET TO A CONCRETE MONUMENT, THENCE SOUTH 8948'41" EAST TO A POINT
660 FEET WEST OF THE EAST BOUNDARY OF SAID GOVERNMENT LOT 4, THENCE
NORTH PARALLEL TO THE EAST BOUNDARY OF SAID GOVERNMENT LOTS 4 AND
3 TO THE NORTH LINE OF SAID SECTION 6, THENCE WEST ALONG SAID SECTION
LINE TO THE POINT OF BEGINNING.

      Alternate Key Numbers: 1772109 and 1289459




06/11/07
AGENDA - June 11, 2007
Page 187


                                               5.K.8.
                                AGENDA MEMORANDUM


MEETING DATE: June 11, 2007

FROM:                   Laura McElhanon, AICP, Community Development Director

SUBJECT:                Ordinance for Rezoning for Bar-Key Groves, Inc.



Staff Recommendation:
The Planning Commission and Planning staff recommend approval of the proposed rezoning for
the subject property from County A (Agriculture) to City RE-1 (Estate Residential).

Analysis:
The project site is approximately 723 acres. The property is generally situated east of US 27 and
north of the Turnpike, 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 of
the site is for residential development. The surrounding zoning designations are County A
(Agriculture) to the north, east, and south, and County A (Agriculture), County C-2 (Community
Facility District), and County PUD (Planned Unit Development) to the west.

The proposed zoning district of City RE-1 (Estate Residential) is compatible with adjacent and
nearby properties in the area and with the proposed City future land use designation of City Estate
Residential. However, the Annexation Agreement requires rezoning to a Planned Development
District by the developer prior to development.

The existing land uses surrounding the property are undeveloped properties.

Development of the parcel shall require expansion of City utilities at the owner’s expense.

By a vote of 6 to 0, the Planning Commission recommended approval

Options:
1.    Approve the proposed rezoning to City RE-1 (Estate Residential), thereby allowing
      consistent zoning and development standards for the area.
2.    Disapprove the proposed rezoning.
3.    Other such action as the Commission may deem appropriate.

Fiscal Impact:
There is no fiscal impact to the City.
AGENDA - June 11, 2007
Page 188
Submission Date and Time:              6/27/11 12:49 PM____




 Department: Community Development      Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: Bill Wiley, AICP
 Attachments: Yes__X__ No ______        Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Newspapers:                            Submitted by:
 _________________________________      City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 189
                                  ORDINANCE NO. ______

       AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
       REZONING APPROXIMATELY 723 ACRES GENERALLY LOCATED
       EAST OF US 27 AND NORTH OF THE TURNPIKE, LYING IN
       SECTIONS 5, 6, AND 7, TOWNSHIP 21 SOUTH, RANGE 25 EAST, LAKE
       COUNTY, FLORIDA, FROM COUNTY A (AGRICULTURE) TO CITY
       RE-1 (ESTATE RESIDENTIAL); AND PROVIDING AN EFFECTIVE
       DATE (BAR KEY GROVES).

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

Section 1.

        Based upon the petition of Bar-Key Groves, Inc, the owner of the property hereinafter
described, 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 said property located in
Lake County, Florida, is hereby rezoned from County A (Agriculture) to City RE-1 (Estate
Residential)., to-wit:

                                            Legal Description
                                             (See Exhibit A)

       Alternate Key Numbers 121059, 1780951 and 1302226

Section 2.

       This ordinance shall become effective upon its passage and adoption, according to law.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the    day of                      , 2007.

                                                     THE CITY OF LEESBURG

                                                     By: _________________________________
                                                            Mayor
ATTEST:

___________________________________
      City Clerk
AGENDA - June 11, 2007
Page 190




      CASE NO: 118-1-090706

                                            Exhibit A
                                       LEGAL DESCRIPTION

      That part of Government Lot 4 in Section 6, Township 21 South, Range 25
      East, Lake County, Florida, bounded and described as follows: From the
      Northwest corner of said Section 6, run Southerly along the West line of said
      Section 6 a distance of 1,763.2 feet to a concrete monument, being the point
      of beginning of this description. From said point of beginning, run South
      8948'41" East 940 feet to a concrete monument; thence South 033'47"
      West 526.8 feet to a concrete monument; continue thence in the same
      direction to the South line of said Government Lot 4; thence Westerly along
      said South line to the Southwest corner of said Government Lot 4; thence
      Northwesterly along the West line of said Section 6 to the point of
      beginning.

      AND

      The North ½ of Government Lot 4; and NW 1/4 of SW 1/4; and North
      418.45 feet to the SW 1/4 of SW 1/4; all in Section 5, Township 21 South,
      Range 25 East, Lake County, Florida.

      The East ½ of Section 6, Less: That portion of the SE 1/4 of the SE 1/4
      that lies East and South of a straight line drawn form NW corner of the SE
      1/4 of the NE 1/4 of Section 7, to a point on the East boundary of Section
      6, that is 901.55 feet North of the SE corner of Section 6;

      The East 660 feet of the NW 1/4 (also known as Government Lots 3 and 4)
      and the East 845.8 feet to the West 1785.8 feet of the South 805 feet of
      Government Lot 4; and all of Government Lot 6, East of U.S. Highway 27,
      State Road No. 25, and all of Government Lot 5; LESS: A portion beginning
      2682.65 feet North of S. W. corner of Section 6, run East to the waters edge
      of “Fish Hook Lake” thence Southerly, Southeasterly and Southwesterly
      along waters edge of said Lake to intersect the West Boundary of said
      Section 6, thence North to P.O.B. Also Less: Begin 660 feet West of N. E.
      corner of Government Lot 5, run South to high-water mark of “Fish Hook
      Lake” also known as “Lake Lucile”, run West 250.49 feet, begin again at
      P.O.B. and run West to said Lake, said point being approximately 250.4 feet
      West of the P.O.B., then run South into said Lake to intersect North
      boundary all in Section 6, Township 21 South Range 25 East, Lake County,
      Florida;

      The SW 1/4 of NE 1/4, LESS: The South 600 feet; the NW 1/4 of NE 1/4
      ; and that portion of NE 1/4 of NE 1/4 lying and being North and West of
AGENDA - June 11, 2007
Page 191
       a straight line drawn from the N. W. corner of the SE 1/4 of NE 1/4 of
       Section 7, to a point on the East boundary of Section 6, 901.55 feet North of
       the S. E. corner of Section 6, and the N. E. corner of Section 7, all in Section
       7, Township 21 South, Range 25 East, Lake County, Florida;

       AND: The E ½ of Government Lot 2, Section 7, Township 21 South, Range
       25 East, the same being the SE 1/4 of NW 1/4 of Section 7, Township 21
       South, Range 25 East, LESS: Begin on the South line of the NW 1/4,
       Section 7, Township 21 South, Range 25 East, at a point South 8926'11"
       West a distance of 911.10 feet from the center of Section 7, run thence South
       8926'11" West along said South line a distance of 314.88 feet to a point, said
       point being the Southwest corner of SW 1/4 of NW 1/4, said Section 7,
       thence North 053'06" West along the West line of Said SE 1/4 of NW 1/4,
       a distance of 177.61 feet to a point, thence South 6112'55" East a distance
       of 362.38 feet to the point of beginning.

       ALSO: All interest in easement described in that certain easement conveyed
       to Florida State Turnpike Authority for right of way purposes on the 26th day
       of October, 1962, as shown by easement recorded in O. R. Book 221, page
       303, Public Records of Lake County, Florida.

       Alternate Key Numbers: 121059, 1780951 and 1302226



06/11/07
AGENDA - June 11, 2007
Page 192


                                               5.K.9.
                                AGENDA MEMORANDUM


MEETING DATE: June 11, 2007

FROM:                   Laura McElhanon, AICP, Community Development Director

SUBJECT:                Ordinance for Rezoning for Banning Ranch, LLC



Staff Recommendation:
The Planning Commission and Planning staff recommend approval of the proposed rezoning for
the subject property from County A (Agriculture) to City PUD (Planned Unit Development).

Analysis:
The project site is approximately 624.26 acres. The property is generally situated west of CR 33,
south of Turnpike, 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
single family, cottage homes, estate homes, and townhomes. The surrounding zoning designations
are all County A (Agriculture).

The proposed zoning district of City PUD (Planned Unit Development) is compatible with adjacent
and nearby properties in the area and with the proposed City future land use designation of Low
Density Residential.

The existing land uses surrounding the property are agriculture and undeveloped properties.

Development of the parcel shall require expansion of City utilities at the owner’s expense.

By a vote of 6 to 0, the Planning Commission recommended approval

Options:
1.    Approve the proposed rezoning to City PUD (Planned Unit Development), thereby allowing
      consistent zoning and development standards for the area.
2.    Disapprove the proposed rezoning.
3.    Other such action as the Commission may deem appropriate.

Fiscal Impact:
There is no fiscal impact to the City.
AGENDA - June 11, 2007
Page 193
Submission Date and Time:              6/27/11 12:49 PM____

 Department: Community Development      Reviewed by: Dept. Head ________   Account No. _________________
 Prepared by: Bill Wiley, AICP
 Attachments: Yes__X__ No ______        Finance Dept. __________________   Project No. ___________________
 Advertised: ____Not Required ______
 Dates: __________________________      Deputy C.M. ___________________    WF No. ______________________
 Newspapers:                            Submitted by:
 _________________________________      City Manager ___________________   Budget ______________________
 _________________________________
 Revised 6/10/04                                                           Available _____________________
AGENDA - June 11, 2007
Page 194
                                  ORDINANCE NO. ______

       AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA,
       REZONING APPROXIMATELY 624.26 ACRES GENERALLY LOCATED
       WEST OF CR 33, SOUTH OF TURNPIKE, LYING IN SECTIONS 32, 33,
       34, TOWNSHIP 20 SOUTH, RANGE 24 EAST, LAKE COUNTY,
       FLORIDA, FROM COUNTY A (AGRICULTURE) TO CITY PUD
       (PLANNED UNIT DEVELOPMENT); SUBJECT TO CONDITIONS
       CONTAINED IN EXHIBIT A; AND PROVIDING AN EFFECTIVE
       DATE (BANNING RANCH).

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

Section 1.

        Based upon the petition of Banning Ranch, LLC, the owner of the property hereinafter
described, 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 said property located in
Lake County, Florida, is hereby rezoned from County A (Agriculture) to City PUD (Planned Unit
Development), subject to conditions contained in Exhibit A, to-wit:

                                            Legal Description
                                             (See Exhibit B)

Alternate Key Numbers: 1066964, 1081912, 1775299, 1066948, 1081921, 1296650 and 3246586


Section 2.

       This ordinance shall become effective upon its passage and adoption, according to law.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of
Leesburg, Florida, held on the    day of                      , 2007.

                                                     THE CITY OF LEESBURG

                                                     By: _________________________________
                                                            Mayor
ATTEST:

___________________________________
      City Clerk
AGENDA - June 11, 2007
Page 195


CASE #:071-1-090706
(Changed to 018-0-040507)                                                           EXHIBIT A

                             BANNING RANCH, LLC
                 REZONING TO PUD (PLANNED UNIT DEVELOPMENT)
                     PLANNED DEVELOPMENT CONDITIONS
                              MAY 24, 2007 (Revised)

This Planned Development Conditions for a PUD (Planned Unit Development) District is granted
by the City of Leesburg Planning Commission, Lake County, Florida to Banning Ranch, LLC
(Banning Ranch) "Permittee" for the purposes and subject to the terms and conditions as set forth
herein pursuant to authority contained in Chapter 25 Zoning, Section 25-278 Planned
Developments of the City of Leesburg Code of Ordinances, as amended.

BACKGROUND: The "Permittee" is desirous of obtaining a PUD (Planned Unit Development)
zoning district to allow construction of a proposed mixed use development comprised of a
residential subdivision consisting of a maximum of approximately 1,124 single family residential
units and 250 town house residential units on approximate 624.26 acres located west of CR 33,
south of Turnpike, on a site within the City of Leesburg in accordance with their PUD application
and supplemental information.

1.    PERMISSION is hereby granted to Banning Ranch, LLC (Banning Ranch) to construct,
      operate, and maintain a Planned Development in and on real property in the City of Leesburg.
      The property is more particularly described as follows:

      LEGAL DESCRIPTION:
      See attached legal Exhibit B.

2.    LAND USE
      The above-described property shall be used for mixed use residential development, pursuant to
      City of Leesburg development codes and standards and the Conceptual Development Plan dated
      November 20, 2006 as follows:
      A. Residential Development
             1.    The project shall contain a maximum of 1,375 residential units on approximately
                   624.26 acres at a gross density not to exceed 4.9 units per acre.

            2.     The minimum lot sizes shall be as shown on the conceptual Plan for various type
                   residential units.

            3.     Minimum lot widths and depths shall be as shown for various type lots on the
                   Conceptual Development Plan. The mix of 1,124 single family residential units
                   and 250 town house residential lots shall not exceed the total number of
                   approved dwelling units and density as described in this section.

            4.     The minimum yard setbacks shall be as shown on the Conceptual Development
                   Plan for the various types of units except as follows:
                   Front setback –20feet;
AGENDA - June 11, 2007
Page 196
               Rear setback –18 feet except townhomes which are 10 feet; and
               Side setbacks - minimum 15/5 feet except townhomes. The total for both
               setbacks must be at least the first figure. Total for one side must be at least the
               second figure. Side setbacks for townhomes of 0’ feet for common walls and 5
               feet for other side setbacks shall be required. 60’ wide or smaller lots shall have a
               minimum of 5 feet each side. A zero lot line setback will necessitate a
               maintenance easement.

            5.     Minimum distance between structures shall be 10 feet; measured from building
                   wall to building wall and the roof overhang shall not exceed two feet.

            6.     Corner lots shall have a minimum side yard setback of 15 feet from the public
                   right-of-way.

            7.     Accessory structures shall have a minimum rear and side setback of 5 feet and
                   single accessory structures that are not attached to the principal structure shall
                   not occupy more than 30 percent of the required rear yard.

            8.     An attached screened enclosure must maintain a minimum setback of five (5)
                   feet from the rear property line.

            9.     The Planning Commission as part of the preliminary plan approval process shall
                   have the ability to adjust final lot sizes and setbacks where necessary for the
                   proper design of the project based on the general intent of the PUD for various
                   type units such as town homes and single-family etc.

            10.    Impervious surface coverage for single-family detached shall not exceed 65
                   percent for residential uses. Other types of development may exceed this
                   percentage; however, the overall project shall maintain open space of 30 percent.

            11.    Maximum building height shall not exceed two and one-half stories or 35 feet.

            12.    Permitted Uses:
                   a.    Single-family dwellings detached;
                   b.    Townhouses and condominium;
                   c.    Accessory structures;
                   d.    Temporary modular sales center and construction office until completion
                         project.
                   e.    All residential units shall be developed through a subdivision plat or
                         condominium instruments.

            13.    Based on the mix of housing types and lot sizes, this project complies with the
                   diversity of housing required by the City’s adopted Growth Management Plan,
                   Future Land Use Element, Goal I, and Objective 1.2.

       B.    Commercial, Office and Community Facilities
             1. An urban design Commercial Center area of approximately five (5) acres shall be
                situated at the eastern entrance of the development as shown on the conceptual
                plan. Final determination and location of the commercial areas shall be approved
AGENDA - June 11, 2007
Page 197
               during the Site/Subdivision Plan approval process.
          2.   Allowable uses shall be those uses as described in the C-1 (Neighborhood
               Commercial) Zoning District in the City of Leesburg Land Development Code (as
               amended) and shall also be consistent with the City of Leesburg adopted Growth
               Management Plan (as amended).
         3.    The minimum development standards shall be those of the C-1 (Neighborhood
               Commercial) Zoning District of the Land Development Code. Lot sizes and
               setbacks may be adjusted by staff during the site plan review process.
          4.   The gross leaseable area for the designated commercial areas shall not exceed eighty
               (80) percent ISR.
          5.   Maximum building height shall not exceed four stories or 50 feet.
          6.   A Neighborhood Commercial development area of approximately five (5) acres
               shall be permitted, which allows C-1 Neighborhood Commercial uses. The
               commercial area shall be properly screened from residential areas with a buffer in
               accordance with the City of Leesburg Land Development Code (as amended).
               Minimum buffer width shall be 10 feet.
          7.   Commercial development areas shall primarily front internal roadways with limited
               highway exposure.

       C.    Recreational Development
             1.      Recreational development provided on the site shall include active and passive uses,
                     as well as enclosed or un-enclosed recreational space, devoted to the common use
                     of the residents. Such recreation space shall consist of not less than six and one-half
                     acres (two hundred (200) square feet of space per dwelling unit). In computing
                     usable recreation space, the following items may be considered at one and twenty-
                     five hundredths (1.25) times the actual area.
                     a.     Recreational activities such as play grounds, basket ball, tennis and hand ball
                            courts, etc.
                     b.     Developed recreational trails which provide access to the public trail system.
                     c.     Swimming pool, including the deck area which normally surrounds such
                            pools.
                     d.     Indoor recreation rooms provided such rooms are permanently maintained
                            for the use of residents for recreation.
             2.      Required stormwater areas and buffer areas shall not be considered as recreational
                     space except for areas developed as recreational trails which provide access to the
                     public trail system.
             3.      Within each respective community, the single family community and the town-
                     home community etc., sidewalks or trails or a combination thereof shall be
                     provided throughout the communities to provide pedestrian access from all
                     residences to all amenities.
             4.      Recreational vehicle parking shall be restricted through deed restrictions/covenants
                     which shall prohibit unenclosed parking within the development unless an
                     approved designated area is provided. If provided, the area shall be buffered and
                     final location will be determined by staff as part of the Preliminary Subdivision
                     approval process.
       D.    The commercial use of a sales office and/or model center shall be a permitted use as long
             as it is specifically related to the PUD residential development of the site.

E.      Open Space and Buffer Areas
AGENDA - June 11, 2007
Page 198
         1.    All wetlands on the project site shall be identified and the location and extent of
               each wetland shall be determined by St. Johns River Water Management District
               and/or U.S. Army Corp of Engineers. Each wetland shall be placed on a suitable
               map, signed and sealed by a surveyor registered to practice in Florida and shall be
               submitted as part of the preliminary plan application.
         2.    Buildings or structures shall be a minimum of 50 feet from any wetland jurisdiction
               boundary.
         3.    Wetlands shall have a minimum upland buffer as established by St. Johns River
               Water Management District and/or U.S. Army Corp of Engineers; whichever is
               more restrictive. All upland buffers shall be naturally vegetated and upland buffers
               that are devoid of natural vegetation shall be re-planted with native vegetation or as
               required by St. Johns River Water Management District and/or U.S. Army Corp of
               Engineers.
         4.    Land uses allowed within the upland buffers are limited to hiking trails, walkways,
               passive recreation activities and stormwater facilities as permitted by St. Johns River
               Water Management District.
         5.    If wetland alteration is permitted by St. Johns River Water Management District
               and/or U.S. Army Corp of Engineers, wetland mitigation shall be required in
               accordance with permit approvals from St. Johns River Water Management District
               or U.S. Army Corp of Engineers, whichever is more restrictive.
         6.    A wildlife/historical/archaeological management plan for the project site shall be
               prepared based on the results of an environmental assessment of the site and any
               environmental permit required from applicable governmental agencies. The
               management plan shall be submitted to the City as part of the preliminary plan
               application. The Permittee shall designate a responsible legal entity that shall
               implement and maintain the management plan.
         7.    To the extent practical, wetlands shall be placed in a conservation easement, which
               shall run in favor of, and be enforceable by, St. Johns River Water Management
               District or another legal entity such as a homeowners association. The
               conservation easement shall require that the wetlands be maintained in their natural
               and unaltered state. Wetlands shall not be included as a part of any platted lot,
               other than a lot platted as a common area, which shall be dedicated to St. Johns
               River Water Management District or another legal entity such as a homeowners
               association for ownership and maintenance.
         8.    Landscaping of the required buffer areas shall be as follows:
                   For each one hundred (100) linear feet, or fraction thereof, of boundary, the
                   following plants shall be provided in accordance with the planting standards and
                   requirements of the Land Development Code.
                   a. Two (2) canopy trees

                   b. Two (2) ornamental trees

                   c.   Thirty (30) shrubs

               d. The remainder of the buffer area shall be landscaped with grass, groundcover,
                  and/or other landscape treatment.

               e. Existing vegetation in the required buffer shall be protected during
AGENDA - June 11, 2007
Page 199
                   construction.
     F.    Development Phasing
           1.      The proposed project may be constructed in phases in accordance with the Planned
                   Unit Development Conceptual Plan. Changes to the Development Plan, other than
                   those conditions described in this agreement, shall be revised in accordance with
                   the Planned Unit Development review process.
           2.      Implementation of the project shall substantially commence within 24 months of
                   approval of this Planned Development. In the event, the conditions of the PUD
                   have not been implemented during the required time period, the PUD shall be
                   scheduled with due notice for reconsideration by the Planning Commission at their
                   next available regular meeting. The Planning Commission will consider whether to
                   extend the PUD approval or rezone the property to RE-1 (Estate Density
                   Residential) or another appropriate zoning classification less intense than the
                   development permitted by these PUD Conditions.
3.   STORMWATER MANAGEMENT / UTILITIES
     Prior to receiving final development approval, the Permittee shall submit a stormwater
     management plan and utility plan acceptable to the City of Leesburg. Water, wastewater and
     natural gas services will be provided by the City of Leesburg. Prior to any clearing, grubbing, or
     disturbance of natural vegetation in any phase of the development, the Permittee shall provide:
     A. A detailed site plan that demonstrates no direct discharge of stormwater runoff generated
           by the development into any wetlands or onto adjacent properties.
     B.    A stormwater management system designed and implemented to meet all applicable St.
           Johns River Water Management District and City of Leesburg requirements.
     C.    A responsible legal entity for the maintenance of the stormwater management system on
           the plat prior to the approval of the final plat of record. A homeowners association is an
           acceptable maintenance entity.
     D. The 100-year flood plain shown on all plans and lots.
     E.    The appropriate documentation that any flood hazard boundary has been amended in
           accordance with Federal Emergency Management Agency requirements, if the 100 year
           flood plain is altered and /or a new 100 year flood elevation is established in reference to
           the applicable flood insurance rate map.
     F.    A copy of the Management and Storage of Surface Waters permit obtained from St. Johns
           River Water Management District.
     G. A detailed site plan that indicates all the provisions for electric, water, sewer, and/or
           natural gas in accordance with the City of Leesburg Land Development Codes.
     H. Developer shall bear all responsibility, financial and otherwise, for the construction and
           installation of utility infrastructure and other improvements related to the use and
           development of the property including such off site improvements required by the City, all
           of which shall be constructed to the applicable specifications imposed by the ordinances
           and regulations of the City in effect at the time of construction.
     I.    Developer shall be responsible for the installation of a natural gas water heater and natural
           gas furnace in eighty percent (80%) of all homes in the development.
4.   TRANSPORTATION IMPROVEMENTS
     A. Vehicular access to the project site shall be provided by a minimum of one primary access
           point from C.R. 33 on the east and the developer will construct the east/west divided
           boulevard connection to the western boundary. This western connection is in anticipation
           of a future western connection to C.R. 48 by others to the adjacent property on the west.
           These accesses shall be through a divided boulevard type road. Actual location and design
AGENDA - June 11, 2007
Page 200
         of the accesses shall be determined during the Preliminary Subdivision Plan review process
         and shall include consideration of sidewalks, recreation paths etc. Other potential vehicular
         and pedestrian accesses will be reviewed during the development review process including
         establishment of a north/south connection road to adjacent properties.
      B. The Permittee shall provide all necessary improvements/right-of-way/signalization within
         and adjacent to the development as required by Lake County, FDOT and City of
         Leesburg.
      C. All roads within the development shall be designed and constructed by the developer to
         meet the City of Leesburg requirements excluding the north/south bypass road.
      D. Sidewalks shall be provided on both sides of the local internal roads and shall provide
         cross connections to all recreation and residential areas. Internal road rights-of-ways shall
         be of sufficient width to contain the sidewalks. All sidewalks shall be constructed in
         accordance with City of Leesburg Codes.
      E. The Permittee shall be responsible for obtaining all necessary Lake County permits and a
         copy of all permits shall be provided to the City of Leesburg prior to construction plan
         approval.
      F. The City of Leesburg will not be responsible for the maintenance or repair of any of the
         roads or transportation improvements unless specifically accepted by formal action of the
         City Commission. The Permittee shall establish an appropriate legal entity that will be
         responsible to pay the cost and perform the services to maintain the roads and
         transportation improvements.
      G. Should the Permittee desire to dedicate the proposed project’s internal road system to the
         City of Leesburg; the City, at its discretion, may accept or not accept the road system.
         Prior to acceptance, the Permittee shall demonstrate to the City the road system is in
         suitable condition and meets City of Leesburg requirements. As a condition of accepting
         the roadway system the City may create a special taxing district or make other lawful
         provisions to assess the cost of maintenance of the system to the residents of the project,
         and may require bonds or other financial assurance of maintenance for some period of
         time.
      H. A traffic/transportation study shall be submitted prior to preliminary plan approval for
         review and determination of any necessary access improvements. Said improvements will
         be the responsibility of the Permittee.
      I. At the time of preliminary plan approval, the Permittee shall become responsible for their
         pro-rata share of the cost of the signal(s) as determined by the County, City staff and the
         traffic study submitted therewith.

5.    DESIGN REQUIREMENTS
      A. Residential Development
          1. Building Design
               a. All buildings shall utilize at least three of the following design features to
                    provide visual relief along all elevations of the building:
                    1)    Dormers
                    2)    Gables
                    3)    Recessed entries
                    4)    Covered porch entries
                    5)    Cupolas
                    6)    Pillars or posts
                    7)    Bay window (minimum 12 inch projections)
                    8)    Eaves (minimum 6-inch projections)
AGENDA - June 11, 2007
Page 201
                    9)    Repetitive windows with minimum 4-inch trim.
      B.  Exterior building materials contribute significantly to the visual impact of a building on
          the community. They shall be well designed and integrated into a comprehensive design
          style        for the project. The total exterior wall area of each building elevation shall be
          composed of one of the following:
         1.     At least thirty-five percent (35%) full-width brick or stone (not including window
                and door areas and related trim areas), with the balance being any type of lap siding
                and/or stucco.

             2.     At least thirty percent (30%) full-width brick or stone, with the balance being
                    stucco and/or a “cementitious” lap siding. (A “cementitious” lap siding product
                    is defined as a manufactured strip siding composed of cement-based materials
                    rather than wood fiber-based or plastic-based materials. For example, Masonite
                    or vinyl lap siding would not be allowed under this option.).

             3.     All textured stucco, provided there are unique design features such as recessed
                    garages, tile or metal roofs, arched windows etc. in the elevations of the buildings
                    or the buildings are all brick stucco. Unique design features shall be reviewed by
                    the Planning and Zoning Manager for compliance.

       C.    Other similar design variations meeting the intent of this section may be approved by the
             Planning and Zoning Manager.


6.     MISCELLANEOUS CONDITIONS
       A. The uses of the proposed project shall only be those uses identified in the approved
           Planned Development Conditions. Any other proposed use must be specifically
           authorized by the Planning Commission in accordance with the Planned Development
           amendment process.
       B.  No person, firm or corporation shall erect, construct, enlarge, alter, repair, remove,
           improve, move, convert, or demolish any building structure, or alter the land in any
           manner without first submitting the necessary plans and obtaining appropriate approvals
           in accordance with the City of Leesburg Codes.
       C.  Construction and operation of the proposed use(s) shall at all times comply with City and
           other governmental agencies rules and regulations.
       D. The transfer of ownership or lease of any or all of the property described in this PUD
           Agreement shall include in the transfer or lease agreement, a provision that the purchaser
           or lessee is made good and aware of the conditions pertaining to the Planned
           Development established and agrees to be bound by these conditions. The purchaser or
           lessee may request a change from the existing plans and conditions by following the
           procedures as described in the City of Leesburg Land Development Code, as amended.
       E. These PUD Conditions shall inure to the benefit of, and shall constitute a covenant
           running with the land and the terms, conditions, and provisions hereof, and shall be
           binding upon the present owner and any successor, and shall be subject to each and every
           condition herein set out.
       F. Any violation of City, State or Federal laws or permit requirements concerning the
           development of this project will constitute a violation of this permit and will result in all
           activities on the project site being halted until the violation is satisfactorily resolved and
           may result in a hearing before the Planning Commission to determine whether a change in
AGENDA - June 11, 2007
Page 202
         the conditions of this PUD are necessary.

7.    CONCURRENCY

      The proposed land use change or approval would result in demands on public facilities which
      would exceed the current capacity of some public facilities, such as, but not limited to roads,
      sewage, water supply, drainage, solid waste, parks and recreation, schools and emergency
      medical facilities. However, no final development order (building permits) shall be granted for a
      proposed development until there is a finding that all public facilities and services required for
      the development have sufficient capacity at or above the adopted level of service (LOS) to
      accommodate the impacts of the development, or that improvements necessary to bring
      facilities up to their adopted LOS will be in place concurrent with the impacts of the
      development.
AGENDA - June 11, 2007
Page 203

                                       Exhibit B
                                    Legal Description

                                     Banning Property


            The East ½ of the Southeast ¼ in Section 32, Township 20 South, Range
            24 East, Lake County, Florida.

            And

            East ½ of the Northwest ¼; The Southwest ¼ of Northeast ¼; The West
            ¾ of South ½; The Northeast ¼ of Southeast ¼; and the Southeast ¼ of
            the Northeast ¼ in Section 33, Township 20 South, Range 24 East, Lake
            County, Florida.

            And

            The North ½ of Southeast ¼ of the Northwest ¼; The North ½ of the
            Southwest ¼ of Northeast ¼ lying West of Highway 33; The Southwest ¼
            of the Northwest ¼; and the Northwest ¼ of the Southwest ¼, in Section
            34, Township 20 South, Range 24 East, Lake County, Florida.

            Together with a 25 foot wide easement for ingress and egress lying 12.5
            feet on each side of the following described center line; Beginning at the
            Southwest corner of the Southeast ¼ of the Northeast 1/4 of Section 33,
            Township 20 South, Range 24 East, in Lake County, Florida; thence
            running East along the mid-section line of said Section 33 to the
            Southwest corner of the Southwest ¼ of the Northwest ¼ of Section 34,
            Township 20 South, Range 24 East, in Lake County, Florida; thence
            running North along the West line of said Section 34 to a point on the
            South line of the North ¼ of the Southwest ¼ of the Northwest ¼ of said
            Section 34; thence running East and parallel with the North line of the
            South ¼ of the North ¼ of the said Section 34 to a point on the Westerly
            line of the right of State Road No. 33

            Together with a non-exclusive easement for ingress and egress 12.5 feet in
            width on each side of the South line of the North ¼ of the Southwest ¼
            of the Northwest ¼ and the West line of the South ¾ of the Southwest ¼
            of the Northwest ¼ of Section 34, Township 20 South, Range 24 East,
            Lake County, Florida. As recorded in Official Records Book 807, Pages
            2174 through 2175 and Official Records Book 2094, Pages 2449 through
            2450, Public Records of Lake County, Florida.
AGENDA - June 11, 2007
Page 204


                                  Exhibit C
                         Conceptual Development Plan
AGENDA - June 11, 2007
Page 205




06/11/07