HomeMy WebLinkAbout1998 06 22 Public Hearings Item A
COMMISSION AGENDA
ITEM A
Consent
Information
Public Hearing X
Regular
June 22, 1998
Meeting
-,]
REQUEST: The Community Development Department - Planning Division requests
the City Commission hold a public hearing for second reading and approve Ordinance
703, to annex a 1.279 acre parcel
PURPOSE:
The purpose of this Board Item is to request the Commission hold a public hearing for
second reading and approve Ordinance 703 to annex a 1.279 acre parcel, located on the
south side of Orange Avenue west of Tuskawilla Road at the northwest corner of the
Tuscawilla Trace Subdivision.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 171.044(1) Florida Statutes which states "The owner or owners of real
property in an unincorporated area of a county which is contiguous to a municipality and
reasonably compact may petition the governing body of a said municipality that said
property be annexed to the municipality."
The provisions of 171.044 F.S. which states "Upon determination by the governing body
of the municipality that the petition bears the signatures of all owners of property in the
area proposed to be annexed, the governing body may, at any regular meeting, adopt a
nonemergency ordinance to annex said property and redefine the boundary lines of the
municipality to include said property."
The City has expressed an interest in annexation in the past, (ref 8-14-95 City
Commission meeting).
JUNE 22, 1998
AGENDA ITEM A
Page 2
CONSIDERA TIONS:
1. The 1.279 acres is a wetland area. It is proposed that this parcel will become an
integral part of Tuscawilla Trace subdivision to be platted.
2. The Staff Report on the annexation request by David Auld, Division Vice
President ofD.R. Horton Custom Homes, was sent to the Planning and Zoning
BoardlLocal Planning Agency which included the findings and staff
recommendation.
3. The Planning & Zoning BoardlLocal Planning Agency voted on April 1, 1998 to
recommend approval of the request for annexation.
FINDINGS:
1. This is a voluntary annexation of 1.279 acres into the City.
2. The parcel would be kept in its natural state.
3. Until such time as an application is made for changing the Future Land Use
designation of the parcel and approved by the City Commission, it will continue
to be county designated "Suburban Estates" (1 DU per acre).
4. Until such time as an application is made for changing the zoning designation of
the parcel and approved by the City Commission, it will continue to be county
designated A-I "Agriculture".
5. The Legislature recognizes that enclaves can create significant problems in
planning, growth management, and service delivery, and therefore declares that it
is the policy of the State to eliminate enclaves [ref 171.046(1) F.S.].
6. The City has expressed an interest in annexation in the past (ref. 8-14-95 City
Commission meeting).
JUNE 22, 1998
AGENDA ITEM A
Page 3
STAFF RECOMMENDATION TO THE PLANNING & ZONING
BOARDILOCAL PLANNING AGENCY:
Staff recommends the Planning & Zoning BoardlLocal Planning Agency make the
following recommendation to the City Commission:
Recommend the City Commission annex the 1.279 acre parcel into the City and keep it in
its natural state.
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
RECOMMENDA TION TO THE CITY COMMISSION:
The motion passed by the Planning & Zoning Board was as follows:
"I move that we recommend to the City Commission, that the City Commission annex
the 1.279 acre parcel into the city, and keep it in its natural state forever and recommend
that the applicant apply for Future Land Use as well as Zoning changes, under the City's
rules and regulations."
RECOMMENDA TION TO THE CITY COMMISSION:
Staff recommends the City Commission approve Ordinance 703 based on:
1. The findings indicated above;
2. Previous expressions of interest by the City for annexation;
3. That it is consistent with the state policy of the Florida Legislature that, "The
Legislature recognizes that enclaves can create significant problems in planning,
growth management, and service delivery, and therefore declares that it is the
policy of the state to eliminate enclaves.";
4. The recommendation of the Planning and Zoning BoardlLocal Planning Agency.
JUNE 22, 1998
JUNE 22, 1998
AGENDAITEM A
Page 4
IMPLEMENTATION SCHEDULE:
The ordinance for annexation immediately takes effect upon adoption.
ATTACHMENTS:
1. Ordinance 703
2. Aerial photo of parcel and surrounding area.
3. Sketch of a portion of Lot 18 Block "B".
4. Staff Report to P & Z BoardfLP A.
COMMISSION ACTION:
P & Z BOARD I LOCAL PLANNING AGENCY
REGULAR AGENDA ITEM:
II. D. BY-LA WS IN THE CONDUCT OF MEETINGS AND BUSINESS OF THE P &
Z I LP A