Item Coversheet
      

5919 MAIN STREET .  NEW PORT RICHEY, FL 34652 . 727.853.1016


TO:City of New Port Richey City Council
FROM:Debbie L. Manns, City Manager
DATE:12/7/2021
RE:First Reading, Ordinance No. 2022-2247: Voluntary Annexation for JEA Property Holdings, LLC and Hudson Bay Developers, LLC

REQUEST:

The request is for City Council to conduct the first reading of Ordinance No. 2021-2247 for the voluntary annexation of 18.9 acres located on Sea Forest Drive and to approve the updated pre-annexation agreements for the subject property considered for voluntary annexation.



DISCUSSION
:

As Council is aware, JAE Property Holdings, LLC and Hudson Bay Developers, LLC has submitted a request for a voluntary annexation into the city of 18.9 acres +/- located on Sea Forest Drive to the south of the City’s existing wastewater treatment plant.  The subject property is adjacent to the existing city limits to the north.  The subject property includes two pieces with one piece on the north side of Sea Forest Drive and the second piece on the south side of Sea Forest Drive.  An aerial of the subject property is attached for reference.

Section 171.044, Florida Statutes, allows a property to be voluntarily annexed into the City as long as the property is contiguous to the existing city limits and is reasonably compact.  The subject property is contiguous with the existing city limits and is reasonably compact (i.e., does not show a serpentine or linear pattern).  Also, Florida Statutes allow for a property to be annexed if it is only separated by a right-of-way.

For this specific annexation, the proposed project is intended to be developed as an 82 dwelling unit condominium/townhome and apartment home project.

The subject property has a future land use assigned by Pasco County of Residential – 24 du/acre.  The City’s future land use that matches the County’s future land use classification is the High Density Residential – 24.  However, it is important to note that the proposed development density is significantly less than the maximum allowed under the current County’s adopted future land use and the proposed City future land use.  The proposed development density is 4.33 du/acre (82 dwelling units on 18.9 acres). 

Section 3.09.00 of the City’s Land Development Code provides the process for annexation of properties into the city.  Section 3.09.01 requires that a pre-annexation agreement be approved by the City Council as part of the annexation process.  On July 8, 2021, the City Council approved a pre-annexation agreement for this proposed annexation.  Since that time, the City Attorney has determined that the pre-annexation agreement must be updated to reflect additional owners of the subject property.  Consequently, as part of this agenda item, updated pre-annexation agreements that include both JEA Property Holdings, LLC and Hudson Bay Developers, LLC are included for City Council’s approval.  The updated pre-annexation agreements do not materially change the previously approved pre-annexation agreement. The updated pre-annexation agreement simply includes all current property owners as part of the pre-annexation agreement. 

It should be noted that there are two updated pre-annexation agreements.  The first updated pre-annexation agreement for the subject property on the north side of Sea Forest Drive includes both JEA Property Holdings, LLC and Hudson Bay Developers, LLC as parties.  The second updated pre-annexation agreement for the property south of Sea Forest Drive only includes Hudson Bay Developers, LLC.  The reason for these two updated pre-annexation agreements is that the northern subject property is owned by JEA Property Holdings, LLC and Hudson Bay Developers, LLC are the contract purchasers, while the second property south of Sea Forest Drive was purchased by Hudson Bay Developers, LLC in October 2021.  Hudson Bay Developers, LLC are both the owner and developer of the property south of Sea Forest Drive.  The updated pre-annexation agreements will be signed by the applicant and provided prior to the City Council meeting on December 7, 2021.

The Land Development Review Board reviewed this matter at its meeting on September 16, 2021 and recommended approval of the proposed voluntary annexation.

It should also be noted that the subject property is not located within the City’s utility service area, but it is located in the utility service area of FGUA.  Consequently, FGUA will be the provider of potable water and sanitary sewer services to the proposed project.



RECOMMENDATION:

Staff recommends that City Council conduct the first reading as requested and additionally approve the amended Pre-Annexation Agreements.



BUDGET/FISCAL IMPACT:

No funding is required for this item.
ATTACHMENTS:
DescriptionType
Ordinance No. 2022-2247: Voluntary Annexation for JEA Property Holdings, LLC and Hudson Bay Developers, LLCOrdinance
Aerial of Subject PropertyBackup Material
September 16, 2021 LDRB MinutesBackup Material