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GATOR ACRES-COMMISSION AGENDA SUMMARY CITY OF PARKLAND AGENDA SUMMARY Meeting: Wednesday, December 6, 2017 Agenda Item: 9.A Regular Agenda, Second Reading ORDINANCE 2017-12 SHORT TITLE: Application for Annexation: Gator Acres (2nd Reading) SUBMITTED BY: Andrew Maurodis SPONSOR: DEPARTMENT: City Commission ORIGIN OF REQUEST: STAFF RECOMMENDATION GOALS & OBJECTIVES Goal(s): Goal 4 - Preservation of Parkland's Character Objective(s): 4.3 Assure consistent control of future and current development through build-out., 4.2 Ensure developments are high-end with low impact on schools, infrastructure, and environment., 4.1 Maintain high quality development and design standards. BACKGROUND & PURPOSE TLH Sabra 2 LLC is requesting to annex into the City of Parkland. The land area is referred as Gator Acres. It encompasses five (5) acres and is located in the far northwest section of the City. This is TLH Sabra 2 LLC second request for annexation. This first annexation was denied by the Commission on January 4, 2017. Public Hearings: At the Nov. 1, 2017, meeting, the City Commission unanimously approved the first reading of Gator Acres Annexation Ordinance. At the Nov. 15, 2017, meeting, and at the request of the applicant, the City Commission voted unanimously to defer the item to Dec. 6, 2017. FISCAL IMPACT n/a ITEM APPROVAL 1 2 3 ORDINANCE NO. 2017-12 4 5 AN ORDINANCE OF THE CITY COMMISSION, OF THE CITY 6 OF PARKLAND, FLORIDA, PROVIDING FOR THE 7 ANNEXATION INTO THE CORPORATE LIMITS OF THE CITY 8 OF PARKLAND OF APPROXIMATELY 5.017 ACRES OWNED 9 BY THE TLH SABRA 2 LLC; LOCATED ON THE SOUTH SIDE 10 OF LOX ROAD APPROXIMATELY 1.86 MILES WEST OF THE 11 NORTHERLY EXTENSION OF NOB HILL ROAD, AND 12 CONTAINING PROVISIONS FOR IMPLEMENTATION AND 13 FILING WITH THE APPROPRIATE GOVERNMENTAL 14 AGENCIES; PROVIDING FOR INCLUSION IN THE CITY 15 CODE; PROVIDING FOR A SEVERABILITY CLAUSE; 16 PROVIDING FOR AN EFFECTIVE DATE. 17 18 WHEREAS, TLH SABRA 2 LLC (“Owner”) wishes to have annexed into the corporate 19 boundaries of the City of Parkland certain lands; and 20 21 WHEREAS, the Land described in Exhibit A (“Land”), is the Land owned by the Owner 22 which the Owner wishes to annex into the City and has signed an annexation petition with the 23 City of Parkland; and 24 25 WHEREAS, the map attached as Exhibit B reflects the general location of the Land; and 26 27 WHEREAS, the Land is located in unincorporated Broward County contiguous to the 28 City of Parkland; and 29 30 WHEREAS, Owner submitted an annexation petition meeting all statutory requirements 31 on September 1, 2016, a copy of which is on file with the City Clerk; and 32 33 WHEREAS, the requirements of Section 171.044, Florida Statutes, pertaining to 34 voluntary annexations, have been complied with in that: 35 36 A. The Land is contiguous to the City of Parkland and is reasonably compact 37 and does not create an enclave; 38 39 B. The petitioner, the sole owner of the Land, has sought annexation by a 40 Petition for Annexation and approves the annexation of the Land into the City of Parkland and 41 has signed the annexation petition for the Land; 42 43 C. This ordinance has been advertised as required by Section 171.044, 44 Florida Statutes; and 45 46 WHEREAS, the City Commission finds that annexation of the Land is in the best 47 interest of the City of Parkland and the City of Parkland is prepared to provide all necessary 48 municipal services to the Land; and 49 50 WHEREAS, the annexation of the Land into the City of Parkland will promote orderly 51 planning and the efficient provision of the municipal services to the Land; and 52 53 WHEREAS, the City has determined that the Petition for Annexation bears the signature 54 of the Owner of the Land of the area proposed to be annexed and constitutes consent to this 55 annexation; and 56 57 WHEREAS, the Land meets all legal requirements under Chapter 171, Florida Statutes 58 for annexation into the City of Parkland. 59 60 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 61 CITY OF PARKLAND, AS FOLLOWS: 62 63 SECTION 1. The above “WHEREAS” clauses are true and correct and made a part 64 hereof. All findings as set forth herein are adopted. 65 66 SECTION 2. The Land is hereby annexed into the corporate boundaries of the City of 67 Parkland, Florida, along with all public rights of way lying within the Land. 68 69 SECTION 3. The boundaries of the City of Parkland are re-defined to include the Land 70 and all public rights of way lying directly within the Land. 71 72 SECTION 4. The current land use and zoning remain unchanged by this Ordinance and 73 shall be as provided in Section 171.062(2), Florida Statutes, until such time as the City of 74 Parkland adopts a comprehensive plan that includes the annexed Land. 75 76 SECTION 5. This annexation is subject to the holding of a hearing by the Broward 77 County Legislative Delegation. 78 79 SECTION 6. Within seven (7) days after its adoption a copy of this Ordinance shall be 80 recorded in the Public Records of Broward County, Florida. Within seven (7) days of adoption 81 this ordinance shall be filed with the Broward County Administrator and with the Florida 82 Department of State. Within seven (7) days of satisfaction of the requirements of the Broward 83 County Legislative Delegation, the City shall file, in the official records of the City, a notice of 84 Delegation action. 85 86 SECTION 7. It is the intention of the City Commission and it is hereby ordained that 87 the provisions of this ordinance shall become and be made a part of the Code of Ordinances of 88 the City of Parkland, Florida, and codified or otherwise made part of the official records of the 89 City, and, if codified as part of the City Code, the sections of this ordinance may be renumbered 90 to accomplish such intent. 91 92 SECTION 8. If any word, phrase, clause, sentence, or section of this ordinance is for 93 any reason held unconstitutional or invalid, the invalidity thereof shall not affect the validity of 94 any remaining portions of this ordinance. 95 96 SECTION 9. This Ordinance shall be effective immediately upon adoption but the 97 annexation provided herein, upon satisfaction of any conditions set forth above, shall become 98 effective on 12:01 a.m. September 15, 2018; at such time the Land shall become a part of the 99 City of Parkland, to be governed by the City and subject to the laws and regulations of the City. 100 ST 101 PASSED 1 READING THIS 6th DAY OF December, 2017. 102 ND 103 ADOPTED ON 2 READING THIS DAY OF 104 105 CITY OF PARKLAND, FLORIDA 106 107 108 ____________________________________ 109 CHRISTINE HUNSCHOFSKY 110 MAYOR 111 ATTEST: 112 113 ____________________________________ 114 JENNIFER JOHNSON, CITY CLERK 115 116 117 Approved as to form and legality 118 119 120 ____________________________________ 121 ANDREW MAURODIS, CITY ATTORNEY