Newberry Approves 11 Annexations: Alachua County Challenges Four

NEWBERRY – The Newberry City Commission conducted a virtual commission meeting on April 27 via Zoom and YouTube. Viewers were able to comment and two individuals were sworn in so they were able to give testimony in relation to annexation matters on the agenda.

The commission held public hearings on second reading of 11 voluntary annexation requests. Twenty-two parcels of land, consisting of some 634 acres, were approved. The annexations serve to either eliminate an existing enclave or fill in finger enclaves that currently exist according to the City’s Planning and Economic Development Director Bryan Thomas.

As is standard practice, a letter notifying the Alachua County Board of County Commissioners was sent to the board’s chair on Feb. 27, declaring the City’s intent to annex these parcels.

Although most of the annexation ordinances were easily approved, Thomas explained that City Manager Mike New received an April 8 letter from County Manager Michele Lieberman expressing concern over properties in four of the annexation ordinances, specifically Ordinances 2020-04, 2020-06, 2020-09 and 2020-10.

During the Commission meeting, each of the ordinances was addressed in order and all were approved. Thomas had the opportunity to discuss the four disputed annexations as they arose.

“Ordinance 2020-04 pertains to a 19.4-acre parcel located on Southwest 250^th Street and south of Southwest 46^th Avenue. It is surrounded on the north by unincorporated parcels, east and west by City of Newberry parcels, and on the south by both unincorporated and municipal parcels,” Thomas said.

The second annexation of concern by the County is incorporated in Ordinance 2020-06. That ordinance pertains to two parcels with a total of 13.17-acres. The parcels are located north of Southwest 15^th Avenue, between Southwest 202^nd and 226^th Streets.

In both cases, the City is attempting to shrink existing enclaves, something Alachua County had previously asked the City to do. Thomas addressed each of the County’s concerns and also pointed out that while Florida State Statutes prohibit the creation of enclaves through voluntary annexation, they do not address the diminishment of existing enclaves into smaller enclaves through voluntary annexations.

The third ordinance in question is Ordinance 2020-09, which pertains to a single 80-acre parcel. The parcel is located north of State Road 26 (Newberry Road), between Dudley Farms State Park to the west and Northwest 170^th Street to the east.

The County’s concerns are that the property is not substantially contiguous, not compact and creates a pocket enclave. County's staff's opinion is that “the proposed annexation appears to result in the creation of an unincorporated ‘pocket’ which is inconsistent with the statutory definition of ‘compactness.

The County staff report cites the potential for inefficiencies in service delivery and land use conflicts, and that the only access to the parcel appears to be off of SR 26 via Northwest 182^nd Street, which is an unpaved private drive. The City of Newberry Agriculture land-use category is similar to the County’s Rural/Agriculture land use designation and also limits residential development to one unit per five acres.

“Currently, municipal water service is over 1.6 miles and wastewater service is over three-miles to the west. In the absence of municipal water and wastewater availability, the City’s comprehensive plan prohibits urban development at any higher density, therefore the potential for land-use conflicts is minimal,” Thomas said. “As for road access, the parcel is also directly accessible by private drive from Northwest 170^th Street, across a 31-acre parcel owned by the same family, and which has already been annexed into the City of Newberry. As to the potential for inefficiencies in service provision, the annexation will in no way affect access of the unincorporated parcels in the remaining ‘pocket’ to any County services,” he said.

The fourth annexation, Ordinance 2020-10, pertains to five parcels with a total of approximately 284 acres. The parcels are located on the east side of Northwest 202^nd Street and south of Northwest 46^th Avenue. The County’s concern stems from their view that the land is not contiguous with the municipal boundary, that there is a lack of “reasonable compactness” and that a portion of the annexation is only contiguous between two adjoining corners.

The County staff report cites the potential for inefficiencies in service delivery and land-use conflicts. Currently, municipal water and wastewater service is more than four miles from the proposed annexation area. “In the absence of municipal water and wastewater availability, the City’s comprehensive plan prohibits urban development at any higher density therefore the potential for land use conflicts is minimal,” Thomas said. “As to the potential for inefficiencies in service provision, the annexation will in no way affect access of the surrounding unincorporated parcels to any County services.”

Newberry City Attorney Scott Walker said, “There is a body of law that point-to-point corners of property are not sufficient under annexation law to provide contiguity.” He also pointed out that since this property was not encompassed in an enclave, the argument that the City is attempting to close an enclave would not be available to the City.

Mayor Jordan Marlowe countered that this is not two separate parcels, but one parcel with the same tax parcel number. He also said he believed he could make that point to the Alachua County Commission.

Although Walker advised that this issue, if challenged, would not survive the challenge in his estimation, Commissioners voted unanimously to approve the ordinance on second reading.

Thomas said he plans to set up a meeting between City and County staff to attempt to address their concerns and resolve issues.

The next City Commission meeting is scheduled for May 11.

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