6 minute read
What is annexation, anyway?
By Martin Fitts, AICP | with contributions by Joann Skaria, AICP
Palm Beach Gardens has long been a city of choice for families moving to south Florida. Over the years, many local residents have also chosen to join the City through annexation. The City has not only experienced significant growth in residential development, allowing new residents a variety of housing options, but also commercial and office development, including the Alton Town Center and the Florida Power and Light campus. Recreational facilities, including the North County Gardens District Park and the newly expanded Sandhill Crane Golf Club, provide residents with numerous high-quality options to play, making the City the ideal location to live, work, learn, shop, and play.
You may have heard that the City of Palm Beach Gardens is seeking to annex five areas in the northeast area of the City. This process, known as a Referendum Annexation, allows the residents to vote on whether they want to annex into the City or not. If the majority of voters choose to annex into the City, the referendum passes. If the majority choose not to annex, then the referendum fails. In 2016 and 2017, voters in the Carleton Oaks, Osprey Isles, and Bay Hill Estates communities chose to join the City through Referendum Annexations on the west side of the City. However, this is not the only method of annexation.
Annexation is governed by Chapter 171, Florida Statutes, which details three methods of annexation. The first is the Referendum Annexation Process proposed by the City for the five areas to the northeast. The second is through an Interlocal Agreement with Palm Beach County to take over the provision of public services to a given annexation area. This method is limited to areas that are defined as an “enclave”. The third method is a Voluntary Annexation in which all property owners of a given area request to annex into the City. This is the most frequent method of annexation in the City. Annexation also allowed the City to eliminate gaps in service and provide for logical municipal boundaries.
Recently, Palm Beach Gardens completed two successful Voluntary Annexations. Another is on the horizon. The first is an annexation along western Northlake Boulevard consisting of over 300 acres of land on either side of Northlake Boulevard, adjacent to the Avenir Development. The area includes the Pierce Hammock Elementary School campus, two unbuilt commercial developments approved in the County, a cellular tower, and other vacant parcels. At the western entrance of the City, annexation of the parcels allows the City to guide the growth and provide consistent service along the Northlake Boulevard corridor. [MAP 1]
Another series of Voluntary Annexations were approved in 2023 for approximately 18.5 acres of residential property on Ellison Wilson Road south of PGA Boulevard. The parcels include the Ritz-Carlton Residences, currently under construction at the southwest corner of Ellison Wilson Road and PGA Boulevard, as well as other vacant parcels to the south. The Ritz-Carlton Residences were approved in Palm Beach County, but the owners wanted to avail themselves of the streamlined permitting process utilized by Palm Beach Gardens and all the other benefits the City has to offer. They approached the City to discuss annexation and were welcomed in at the beginning of 2023. [MAP 2]
A third voluntary annexation in Palm Beach Gardens is on the horizon. The City has been approached by property owners along Howell Lane north of Northlake Boulevard just east of Christ Fellowship Church. These parcels are currently in an area that is considered as an “enclave” by Florida Statute. In other words, the area is completely surrounded by the City. An enclave creates a gap in the city’s jurisdiction resulting in inefficiencies in the provision of municipal services such as police and fire rescue as well as possibly causing questions of jurisdiction in the event of a vehicular accident which could delay critical rescue operations. Whenever possible, cities are encouraged to reduce enclaves through annexation. The City has utilized annexation to reduce the size of an enclave three times in the past year alone.
Annexation allows the City to grow without placing a large burden on the current tax paying residents. By reducing the number of gaps in the municipal boundary and growing in areas where municipal services can be provided in an efficient and economical manner, the city is able to spread the cost of those services over a larger area, reducing the individual taxpayer’s cost. Additionally, the City cannot annex areas that will negatively impact public services. The City is required to conduct an Annexation Feasibility Study (AFS) for annexation areas to determine what would be required to provide the same level of service for public services to the annexed areas as are provided to the rest of the City. The City cannot provide less services to the annexed areas, nor can the existing level of service drop for the current residents as a result of the annexation.
The City does not charge an application fee when a property owner wants to annex into the City. Once the application is submitted and verified, then staff conducts the analysis and prepares the studies needed. Staff ensures all notice requirements are met from newspaper ads and property postings to notify Palm Beach County.
Following annexation, the City also takes care of the process necessary to assign a city land use and zoning designation, consistent with the approvals from the County. All previous approvals from Palm Beach County are honored and incorporated into the land use and zoning designations assigned by the City. It is important to note that for any existing developed/built communities, all existing approvals are honored by the City upon annexation. All permitted uses remain, and the unique character of the communities are allowed to continue as they are currently existing.
Palm Beach Gardens welcomes all of its new residents and property owners whether they have moved into an existing community or annexed their existing property into the City. These two recently annexed areas saw the benefit of living in the Gardens and chose to join the City. The City recognizes that choice and works to maintain Palm Beach Gardens as a great place for people to call home!
