Title
Consider a resolution authorizing the Mayor to execute an Annexation Development Agreement with Joe S. Kotrla for an approximate 9.68 acre tract located along CR 123.
Body
The approximate 9.68 acre tract of land is located along the north side of CR 123 east of Red Bud Lane with Brushy Creek running along its northern boundary. Based on the City Council direction as part of the Strategic Plan and the Annexation Prioritization study presented in 2014, this property was identified as a feasible and logical property to be annexed due to the close proximity to US 79/East Palm Valley Blvd. However, prior to annexation of an area that is appraised for ad valorem tax purposes as agricultural, wildlife management, or timber management, the City is required by statute to offer the land owner an annexation development agreement. This agreement guarantees the land's immunity from annexation for a period of 15 years, as long as the land is used for agricultural, wildlife management or timber production only. This agreement also authorizes the City to enforce all regulations and planning authority of the city, except those that would interfere with agricultural purposes, wildlife management or timber production. The landowner accepted the agreement on May 6, 2015.
By accepting the agreement, the landowner agrees that the city's AG-Agricultural zoning requirements apply to the property, and that the property will only be used for AG zoning uses. This agreement runs with the land for a period of 15 years. If the current (or future landowner) changes the use of the property, subdivides it, or otherwise seeks to develop it, that action will initiate a petition for voluntary annexation. Within 30 days of annexation, the property will be zoned in conformance with the City's General Plan, or as agreed to by the City and the Owner. The current version of the Future Land Use Map shows the property to have an open space designation.
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