View Agenda '20'

Leon County
Board of County Commissioners
Agenda Item#20

July 14, 2026

To:	Honorable Chairman and Members of the Board

From:	Vincent S. Long, County Administrator

Title:	Voluntary Annexation of Five Parcels Totaling 1,741.9 +/- Acres Located North of Gardner Road and West of N. Meridian Road in Northern Leon County

Review and Approval:	Vincent S. Long, County Administrator Chasity O`Steen, County Attorney
Department/Division Review and Approval:	Ken Morris, Assistant County Administrator Nawfal Ezzagaghi, Assistant County Administrator Scott Brockmeier, Director, Development Support and Environmental Management (DSEM)
Lead Staff/ Project Team:	Gretchen Kelley Brantley, Assistant County Attorney Ryan Culpepper, Development Services Director Weldon Richardson, Senior Planner, Development Services

Statement of Issue:

This item seeks Board authorization to submit formal objections to the voluntary annexation petition from property owner Jeffery Phipps on behalf of Orchard Pond, LLC, for five parcels totaling 1,741.9 +/- acres located north of Gardner Road and west of N. Meridian Road in northern Leon County. As required by The Interlocal Agreement Between the City of Tallahassee and Leon County for Annexation Procedures (IAAP), this voluntary annexation petition is being brought to the Board prior to the City Commission's public hearing tentatively scheduled for September 9, 2026. This analysis finds that the proposed annexation warrants formal objection proceedings under Section 3 of the IAAP, and this item seeks Board authorization to file formal objections with the City, engage in meet-and-confer discussions with City administration, and, if unresolved, proceed to mediation.

Fiscal Impact:

This item has a fiscal impact. The Public Works Department finds the proposed annexation will result in a total loss of $80 in Solid Waste Non-ad Valorem Assessment revenue from parcel 24-13-20-002-000-0.

Staff Recommendation:

Provided on the following page.

Staff Recommendation:

Option #1: Find that the voluntary annexation petition of Parcels #24-02-20-401-000-0; 24-01-20-401-000-0; 24-11-20-002-000-0; 24-13-20-002-000-0; and 14-18-20-206-000-0 owned by Orchard Pond, LLC, located north of Gardner Road and west of N. Meridian Road in northern Leon County (Attachment #1) warrants objections as to statutory compliance with the contiguity and reasonable compactness requirements of section 171.044, Florida Statutes; authorize the County Attorney’s Office, in coordination with the County Administrator, to file formal objections with the City; authorize the County Administrator, and/ or his designees to meet and confer with City administration; and, if unresolved, proceed to mediation in accordance with The Interlocal Agreement Between the City of Tallahassee and Leon County for Annexation Procedures.

Report and Discussion

Background:

As required by the Tallahassee-Leon County 2050 Comprehensive Plan and implemented through the Interlocal Agreement for Annexation Procedures (IAAP), this voluntary annexation request is being brought to the Board prior to the City Commission's first reading scheduled August 26, 2026, and prior to the adoption public hearing tentatively scheduled September 9, 2026. The analysis finds that the proposed annexation warrants formal objections, and this item seeks Board authorization to initiate objection proceedings under the IAAP. The City of Tallahassee (“the City”) and Leon County (“the County”) have voluntarily agreed to coordinate at the pre-adoption stage by applying the procedures outlined in the IAAP and detailed below.

Voluntary annexation is authorized in section 171.044, Florida Statutes (F.S.), by petition to a municipality’s governing body for the annexation of real property in an unincorporated area of a county “which is contiguous to a municipality and reasonably compact.” Both the IAAP and s. 171.044(6), F.S., require the City to provide the County with notice of the annexation. Prior to the City’s adoption, the County evaluates the petition and makes an independent determination as to whether a petition meets the requirements of contiguity and reasonable compactness. If there are statutory discrepancies, the County submits an objection to the City.

Based on a review of the petition, City Annexation Plan, and supporting materials, the analysis finds that the proposed annexation does not satisfy the reasonable compactness and contiguity requirements of Chapter 171, Part I, F.S., as the proposed boundaries would leave an enclave and a pocket, and do not provide enough information to determine contiguity. This evaluation is explained more fully in the Analysis section of this agenda item.

Upon receipt of a County objection, the City Manager and County Administrator, or their designees, are required to meet and confer to fully discuss the areas of concern. The City must delay the annexation process for up to thirty (30) days to allow for this joint meeting. Should the joint meeting resolve the dispute, the resolution is reduced to writing and presented to both the City Manager and County Administrator for appropriate action. Should the dispute remain unresolved following the joint meeting, the IAAP requires the matter to proceed to mediation, with the City delaying the annexation process for an additional period not to exceed sixty (60) days for that purpose. The City Manager and County Administrator represent their respective parties at mediation. Should mediation resolve the dispute, the resolution is reduced to writing and presented to both governing bodies for appropriate action. If the County continues to object following mediation, either party may pursue available remedies at law.

The property owner, Orchard Pond, LLC, is requesting voluntary annexation of five parcels totaling 1,741.9 +/- acres (Parcel Identification #s 24-02-20-401-000-0; 24-01-20-401-000-0; 24-11-20-002-000-0; 24-13-20-002-000-0; and 14-18-20-206-000-0) located north of Gardner Road and west of N. Meridian Road in northern Leon County, into the Tallahassee city limits. According to the Leon County Property Appraiser’s database, Table #1 indicates the current development and vacancy status for the subject parcels.

Table #1: Orchard Pond, LLC, Voluntary Annexation Request – Subject Parcels
Parcel	Acreage	Building Information
24-02-20-401-000-0	308.65	Vacant
24-01-20-401-000-0	55.80	Vacant
24-11-20-002-000-0	690.57	Storage Warehouse (4,500 SF)
24-13-20-002-000-0	432.58	Single Family Detached (2,730 SF)
14-18-20-206-000-0	41.87	Vacant

Both the applicant's petition for voluntary annexation as well as the proposed City Ordinance (No. 26-O-10) are included as Attachment #1.

Analysis:

The referenced parcels are located north of Gardner Road and west of North Meridian Road and are outside the Urban Service Area (USA). The parcels are zoned Rural (R) pursuant to Section 10-6.612 of the Leon County Land Development Code and designated Rural on the Future Land Use Map of the Comprehensive Plan (Policy 2.8.4 of the Land Use and Mobility Element of the Tallahassee/Leon County Comprehensive Plan). This land use category and zoning district allow for agricultural uses and very low density residential development of one dwelling unit per 10 acres. A map showing the location of the parcels proposed for the voluntary annexation is included as Attachment #2.

This voluntary annexation request is governed by Chapter 171, Part I, Florida Statutes (F.S.), and Policy 2.1.4 of the Intergovernmental Coordination Element of the Comprehensive Plan, and as set forth in the IAAP between Leon County and the City of Tallahassee (Attachment #3). Specifically, the IAAP provides in part that:

the City Annexation Plan, together with the petition for each annexation be provided by the City to the County Administrator, the Director of Development Support and Environmental Management and the County Attorney at least twenty (20) calendar days prior to the first reading of the Ordinance considering such annexation and at least five (5) calendar days prior to the next regularly scheduled County Commissioners (“Board”) meeting. The Board shall have the opportunity to review, comment and suggest changes regarding the proposed annexation at a Board meeting prior to the adoption of the annexation Ordinance by the City Commission, and any Board comments will be provided to the City Manager at least five (5) calendar days prior to the public hearing on the annexation Ordinance.

The City submitted a voluntary annexation petition to DSEM on May 22, 2026; however, the original submission did not comply with the procedural requirements of the Interlocal Agreement on Annexation Procedures (IAAP). After working with the County to address those deficiencies, the City resubmitted the petition and the City Annexation Plan on June 17, 2026. The IAAP requires that the City Annexation Plan coupled with the petition be transmitted to the County Administrator, the Director of DSEM, and the County Attorney and include: (a) a specific description of the proposed areas to be annexed, including any annexation rights-of-way; (b) an assurance of land use compatibility; (c) the facilities to be provided and the responsible entity for each; (d) how level of service standards will be met; and (e) for voluntary annexations, the amount of any agreed-upon water and/or sewer rebate due to the petitioner. The June 17, 2026, resubmission satisfies the IAAP notice requirements, providing materials at least twenty (20) calendar days before the rescheduled introduction reading of August 26, 2026, and at least five (5) calendar days before the July 14, 2026, Board meeting; the City Commission's public hearing to adopt Ordinance No. 26-O-11 is tentatively scheduled for September 9, 2026.

Staff has reviewed the City Annexation Plan (Attachment #1) against each required IAAP element and finds the submission complete. The City's responses to each required element, and staff's findings, are as follows:

(a) A specific description of the proposed areas to be annexed, including the annexation rights-of-way, if any. The petition identifies five parcels — 24-02-20-401-000-0 (318.96 acres), 24-01-20-401-000-0 (52.26 acres), 24-11-20-002-000-0 (916.19 acres), 24-13-20-002-000-0 (411.48 acres), and 14-18-20-206-000-0 (43.01 acres) — totaling approximately 1,741.9 acres north of Gardner Road and west of N. Meridian Road. No rights-of-way annexation is included. Legal descriptions and boundary maps are provided in Attachment #1.

Staff finds this element is addressed.

(b) An assurance of land use compatibility. The subject parcels carry a Rural future land use designation and are zoned Rural (R) pursuant to Section 10-6.612 of the Leon County Land Development Code, consistent with Policy 2.8.4 of the Land Use and Mobility Element of the Tallahassee-Leon County Comprehensive Plan. Rural is a shared City of Tallahassee and Leon County zoning designation; accordingly, no rezoning is required upon annexation. It is important to note that upon annexation, jurisdiction over any Future Land Use Map amendments or rezoning requests affecting the subject parcels transfers exclusively to the City of Tallahassee. Such amendments and rezoning requests would require separate public legislative processes, including public hearings, before the City Commission only. However, requests to expand the Urban Services Area over these areas would still require approval from the Board, as well as the City Commission. The Tallahassee-Leon County Planning Department reviewed the proposed annexation and, in a memorandum dated May 4, 2026 (Attachment #5), found it consistent with the Comprehensive Plan, provided the annexation is implemented in accordance with Chapter 171, F.S., and the IAAP.

Staff confirms this element is addressed.

(c) The facilities to be provided and the provider for such facilities. The City confirms that all major municipal services are available to serve the subject parcels. Water services are currently available at the intersection of North Meridian Road and Bannerman Road, with the City of Tallahassee Underground Utilities and Public Infrastructure Department as the responsible entity for potable water; facilities necessary to serve these properties are either currently available, are programmed in the five-year Capital Improvement Plan, or will be paid for by a future developer. Sanitary sewer facilities are similarly available, programmed, or developer-funded, with the Underground Utilities and Public Infrastructure Department as the responsible entity. Solid waste service will be provided by the City of Tallahassee Community Beautification and Waste Management Department. Stormwater facilities will be managed by the City of Tallahassee Underground Utilities and Public Infrastructure Department, Stormwater Division. For Parcels 24-11-20-002-000-0, 24-13-20-002-000-0, and 14-18-20-206-000-0, which are in the City of Tallahassee Electric Service Territory, future development will bear the cost of extending electric and gas infrastructure; the City of Tallahassee Electric and Gas Utilities is the responsible entity. Parcels 24-02-20-401-000-0 and 24-01-20-401-000-0 are outside the City’s Electric Service Territory and would be served by Talquin Electric Cooperative. Transportation concurrency is administered by the City of Tallahassee Growth Management Department, with roadway maintenance responsibility assigned to the City of Tallahassee Underground Utilities and Public Infrastructure Department. Parks capacity is served through proximity to Elinor Klapp-Phipps Park, with the City of Tallahassee Parks, Recreation, and Neighborhood Affairs Department as the responsible entity. Transit services are the responsibility of StarMetro.

Staff confirms this element is addressed.

(d) How level of service standards will be met. The subject parcels range in condition from vacant and undeveloped land to existing residential and warehouse uses. The City affirms that adequate facility capacity will be confirmed at the time development or redevelopment orders are issued, consistent with the adopted levels of service in the Tallahassee-Leon County Comprehensive Plan: potable water at 160 gallons per capita per day for areas within the Urban Services Area and 100 gallons per capita per day for areas outside it (Policy 1.2.2 [PW]); sanitary sewer at an average daily flow of 100 gallons per capita per day (Policy 1.3.5 [SS]); solid waste at 7.4 pounds per capita per day (Policy 1.5.1 [SW]); stormwater per Florida Administrative Code standards adopted by reference into the Comprehensive Plan (Policy 1.5.2 [SM]); roadways per Peak Hour Level of Service standards under Policy 6.3.8 [LM]; and parks at 4 acres of regional, 1 acre of area, and 2 acres of neighborhood parks per 1,000 population (Policy 1.1.1 [R]). All future development is subject to transportation and stormwater concurrency review prior to issuance of a development order.

Staff confirms this element is addressed.

(e) The amount of any agreed upon water and/or sewer rebate(s) that will be due to the petitioner(s), if any. The City confirms that no water or sewer rebate is due to the petitioner for this voluntary annexation.

Staff confirms this element is addressed.

In addition to the above, County staff also reviewed the petition and the City Annexation Plan against the requirements of the IAAP and Chapter 171, F.S. Through that review, the County Attorney's Office identified a statutory compliance issue under section 171.044(1) and (5), F.S.

Departmental findings are summarized below:

County Attorney: Voluntary annexation is authorized in section 171.044, F.S., by petition to a municipality’s governing body for the annexation of real property in an unincorporated area of a county “which is contiguous to a municipality and reasonably compact.” Review of the petition materials, including maps and survey documents, indicates that the proposed boundaries fail to meet Chapter 171, Part I, compliance standards.

The proposed boundaries would leave an unincorporated improved or developed area enclosed by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. This is known as an enclave.
The annexation would leave small remnants of unincorporated property surrounded almost entirely by the City. Remnants of this nature are referred to as pockets, which the compactness requirement precludes.
Lastly, current boundary calculations are incomplete. Staff must request and evaluate additional data to determine if the proposed annexation is sufficiently contiguous.
The City Annexation Plan does not address these statutory prohibitions. The County does not have veto authority, but it does have review authority and can engage in objection communications with the City through the IAAP. These communications begin with notice of objections, followed by a “meet and confer” conference to attempt a first level resolution. If the matter cannot be resolved, the next stage is mediation where both the City and County divide the cost.

The legal standards as well as the IAAP framework are discussed more fully in Attachment #4 – The July 1, 2026, County Attorney’s Office Memorandum.

Public Works: The Public Works Department finds the proposed annexation of the subject parcels will result in a total loss of $80 of annual revenue for solid waste non-ad valorem assessment revenues.
Development Services: The Development Services Division finds that the proposed annexation of these parcels, which range from vacant land to existing residential and warehouse uses, has no impact on the County's Concurrency Management System. Concurrency impacts associated with any future development or redevelopment will be evaluated at the time a development application is submitted, with mitigation required for any identified deficiencies.
Environmental Services: Leon County’s minimum environmental standards apply Countywide without regard to municipal boundary — properties annexed into the City of Tallahassee remain subject to the same Countywide Minimum Environmental Standards for environmental protection as properties in unincorporated Leon County. This annexation does not alter, diminish, or waive any environmental protection requirements otherwise applicable to the subject parcels.
Planning Department: The Tallahassee/Leon County Planning Department finds the proposed annexation request consistent with the Comprehensive Plan, provided certain criteria of the Intergovernmental Coordination Element Policy 2.1.4 are adequately addressed. These criteria are outlined in a memorandum from the Planning Department, which is included as Attachment #5.

Based on review of the petition, the City Annexation Plan, and supporting materials, staff finds that adoption of the proposed ordinance would create one or more unincorporated enclaves and pockets in violation of Section 171.044(1) and (5), F.S. Staff recommends that the Board object to the annexation on this basis that the petition for voluntary annexation fails to demonstrate compliance with the contiguous and reasonably compact requirements of Chapter 171, Part I, and direct the County Attorney to transmit formal written objections to the City Manager, prior to ordinance adoption, and to request a meet-and-confer conference with the City in accordance with the IAAP (Option #1).

Options:

Find that the voluntary annexation petition of Parcels #24-02-20-401-000-0; 24-01-20-401-000-0; 24-11-20-002-000-0; 24-13-20-002-000-0; and 14-18-20-206-000-0 owned by Orchard Pond, LLC, located north of Gardner Road and west of N. Meridian Road in northern Leon County (Attachment #1) warrants objections as to statutory compliance with the contiguity and reasonable compactness requirements of section 17044, Florida Statutes; authorize the County Attorney’s Office, in coordination with the County Administrator, to file formal objections with the City; authorize the County Administrator, and/ or his designees to meet and confer with City administration; and, if unresolved, proceed to a mandatory mediation in accordance with The Interlocal Agreement Between the City of Tallahassee and Leon County for Annexation Procedures.
Do not object to the proposed voluntary annexation of the proposed voluntary annexation of Parcels #24-02-20-401-000-0; 24-01-20-401-000-0; 24-11-20-002-000-0; 24-13-20-002-000-0; and 14-18-20-206-000-0 owned by Orchard Pond, LLC, located north of Gardner Road and west of N. Meridian Road in northern Leon County (Attachment #1).
Board direction.

Recommendation:

Option #1

Attachments: