11/18/1981 - Laserfiche WebLink

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NOV 191991 wK A 8 PAPP 171 Attorney Collins read from the Statutes, noting that it is the intent of the Legislature that people not try and get in or out of particular governmental jurisdictions just for their on benefit or to avoid governmental rules and regulations. The theory behind annexation is that you allow annexations into an area where that area is in a position to afford improved services to that property. The Statutes specify that if the area annexed is subject to a County Land Use Plan or Zoning Regulations, a municipal governing body shall not be authorized to increase the density allowed under the County regulations for a period of two years from the date of annexation unless approval of such increase is allowed by the County, The applicant is requesting that the County waive their two year prohibition. Mike Kenney spoke for Hugh Smith, owner of the property in question, and stated that the intent was to build at a density of 2 units per acre. Commissioner Fletcher believed the request should be made in a form that would indicate what density is going to be used. Mr. Challacombe pointed out that the maximum allowable • density in that area, assuming Sebastian approved R-1, would be 2 units per acre because of the public health law regarding wells and -septic tanks. Commissioner Wodtke noted that Sebastian's R-1 zoning allows 4 units per acre, and if we do accede to the request, we will be agreeing to their R-1. Attorney Collins stated that the Board can talk in terms of what density increase they are inclined to allow, but Commissioner Wodtke did not think it is right for the Commission to designate 2 units an acre if Sebastian does not have such a category. Pat Flood, Mayor of Sebastian, commented that they are in the same position as the County with a new Comprehensive Land Use Plan. They are asking for a change of density which really does not have anything to do with zoning, and `I