Summary The review process for Voluntary Annexations is governed by Florida Statute 177.044. In order for an area to be annexed it must be contiguous to a municipality, be reasonably compact, and not create an enclave.
The subject property is located at 5899 NW 93rd Ave. The property is approximately 148.24 acres, and has an Alachua County Future Land Use Map designation of Estate Residential and Zoning designation of RE (Single Family, Estate Residential).
In compliance with F.S. 171.044 (5), a copy of the notice, via certified mail, was sent to the Alachua County Board of County Commissioners on February 28, 2018, not fewer than 10 days prior to publishing the ordinance notice. Per F.S. 177.044 (2), the notice was published for two (2) consecutive weeks, June 14, 2018 and June 21, 2018, in the Alachua County Today newspaper. Mailed notices were also provided to property owners within 400 feet.
The Alachua County Growth Management Department has indicated that County staff is concerned that this proposed annexation will create a "pocket", an undefined term in Statute, which would mean that the property would not be reasonably compact and, therefore, not eligible for annexation. From case law, "pocket" has been interpreted to mean a small, isolated area (Sanford V Seminole County 538 So. 2d 113 (Fla. 5th CDA 1989)). Approximately 48% of the southern block face between NW 43rd Street and NW 59th Terrace is within the Alachua City limits currently.The entire north block face of NW 93rd Ave between NW 43rd Street and NW 59th Terrace would remain as unincorporated area. This unincorporated area is roughly 95 acres in size, consisting of 37 parcels with approximately 27 residences. It is Staff's opinion that the area remaining unincorporated is not a "small, isolated area", and, therefore, the proposed area to be annexed is reasonably compact and eligible for voluntary annexation.
Section 1.7.7 of the City's Land Development Regulations indicates that if lands are annexed into the City, the lands shall retain their current unincorporated zone district classifications until a Future Land Use Map Amendment and change to the Official Zoning Atlas to City classifications has been adopted, and no development, redevelopment or expansion shall be initiated on the lands until such amendments have been adopted.
Once the Commission takes action on the annexation request, a second and final public hearing can be scheduled.
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