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Home My WebLink AboutAnnexation Request: 432, 434, 436, 438, & 440 Grant Ave.(denied) My Place Realty Charles Allen Hinkley Trust 501 W.King Street Cocoa,Florida 32922 321-636-0057/321-302-3505 Fax:321-636-7333 December 16, 2004 Dear Mr. Boucher The intent of this letter is to request the voluntary annexation of property located at 434,432,436,438 and 440 Grant Ave. Which consists of two lots known as 24-36-3-cg-000768- 0014.00 Brevard County. This property is located to the south on the Cape Canaveral City line. The future plan is to remove the existing buildings and build residential ocean front condominiums which will certainly enhance this property. At your earliest convenience, Please consider our request and advise me of any other action needed on my part. Sincerely, cyliti R3t1 Charles Allen Hinkley - :E d City Of Cape Canaveral - Building Department From the desk of: Susan Chapman,Administrative Assistant ''``: x:_ == phone: 321 868-1222 --' }} ,,, .. fax: 321868-1247 .11 • • e-mail: chapman-cape@cfl.rr.com .�_. crro of o..:o.w►vou� Date: C_IN Time: To: � c t Fax #(4-07)(o 2-9 Number of Pages (including cover page): '- Remarks: 4( XC) LUZ- C.12c City of cape Canaveral, Florida City council Reguiar Meeting January 18, 2005 Page 5 7. Mahan to Approve: Extension of Deadline for waiver of Permit Fees for Hurricane - Damage Work to March 1, 200511 Mayor Randels related how other Brevard County cities addressed their waiver of permit fees due to hurricane related damage. Mr. Morgan expressed the need for additional time and recommended April 1, 2005 as an extension date. Mr. Hans Saurenmann expressed that the repairs in the City and the County would need one year to complete since some people do not have adequate funding to make their repairs. Mr. Morgan replied that the Council would not cease the waiver, however, they could review it again when the item is presented in April. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve the Extension of Deadline for a waiver of Permit Fees for Hurricane - Damaged Work to April 5, 2005. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tern Hoog, For Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, Far. 8. Motion to Approve: Voluntary Annexation Request for the Properties Located at 432, 434, 436, 438, and 440 Grant Avenue, Mr.Todd Peetz, City Planner, stated that Mr. Charles Hinkley of My Place Realty submitted an application for a voluntary annexation. Mayor Randels stated that the applicant met all of the City's requirements for annexation. Mayor Randels noted that the City Clerk would be required to provide notice to the adjacent property owners. Mr. Peetz explained that the annexation is contiguous on the north side of the property. Mayor Randels noted that this annexation does require a change to the City's Comprehensive Plan: Mr. Peetz affirmed that it would and he noted that small-scale plan amendments are now considered alarge -scale plan amendment due to the density requirement of 15 -units to the acre. Attorney Garganese clarified that the City is allowed two cycles per year for Comprehensive Plan amendments, not two plan amendments per year. Chief Cave Sargeant replied that the proposed annexation would make minimal difference for fire and emergency services; however this annexation would impact law enforcement. Mr. Leo Nicholas inquired about the cost of this annexation to the City. Mr. Peetz replied that there are costs involved in advertising, notifying the County Commission and for his planning services. Mr. Petsos expressed his concern with annexing in property that utilizes the Cocoa Beach serer services. Mr. Morgan stated that more information was needed. Mayor Randels recounted some of the concerns: cost requirements, impact of services and that this annexation would require a Comprehensive Plan amendment. Mr. Hinkley replied that he could work with staff on the concerns that the Council presented. Mr. Hans Saurenmann stated that he did not foresee a reason for the City to annex in the small 1.3 acres and he said that the city should approach the neighbors on the east and west sides to discover if they were City of Cape Canaveral, Florida City Council Regular Meeting January 18, 2005 Page 6 amenable to annexation as well. Mayor Pro Tern Hoog replied that the City could not petition for an annexation for another two years. The item was referred to the staff for further review. No Council Action Was Taken. ORDINANCES: First Reading: 9. Motion to Approve: ordinance No. 01 -2006; Repealing in its Entirety Chapter 40, Article 11, Human Rights, at first reading. Mayor Randels read the Ordinance by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING IN ITS ENTIRETY CHAPTER 40, ARTICLE tl, HUMAN RIGHTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE CODE, AND AN EFFECTIVE DATE. Attorney Garganese stated that during a previous Code Review Workshop the Human Rights Code was identified for change since the Code provision is regulated under Federal and State laws_ He said that the provision might have been included to regulate Adult Entertainment operations. Attorney Garganese advised that the Council consider repealing the law from the City's code. Mr. Hans Saurenmann stated that the Declaration of Human Rights has nothing to do with City government and he stated that this taw should not be included in the City code. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve Ordinance No. o1 -2005; Repealing in Its Entirety Chapter 40, Article 11, Human Rights at first reading. The vote on the ruction carried 4-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Morgan, For Mr, Petsos, For and Mayor Randels, For. DISCUSSION: 10. County - Emerging Emergency Medical Service Issues, Fire Chief Sargeant: Chief Dave Sargeant distributed a letter from Mayor Ron Swank of Titusville. Chief Sargeant referred to an E-mail regarding the City of Palm Bays desire to provide its own emergency medical service. He stated that if the City of Palm Bay acquired its own emergency medical service, this would impact the cost of ambulance service for the City of Cape Canaveral. Chief Sargeant informed that the City of Palm Bay is challenging that a business pays one lump sum; however, multi- family dwellings are charged individually. He stated that $1.6 million would be removed from County funding if Palm Bay leaves the service system. Chief Sargeant pointed out that there are unanswered questions that should be legislatively watched due to their City of Cape Canaveral, Florida City Council Regular Meeting March 15, 2005 Page 5 of 11 replied to Mr. Morgan that 20 foot sections are the current fusing standard and 4O feet sections are the emerging standard. A motion was made by Mayor Pro Teen Hoog and seconded by Mr. Petsos to Approve the Proposal from Brown and Caldwell for Construction Support Services for the Sanitary Sewer Force Main Project in the Amount of $9,,986. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. 1. Motion to Approve; voluntary Annexation Request for the Properties Located at 432, 434, 438 438 & 440 Grant Avenue, Mr. Charles Hinkley of My Place Realty requested this voluntary annexation. Mayor Randels stated that the request was received on December 10, 2014, and first discussed on January 18, 2005 with subsequent research provided by the City Planner. Mayor Randels stated that the estimated cost of annexation is approximately $10,000. The City Manager did not recommend the annexation and Council members expressed their agreement with that recommendation. The Council directed the City Manger to notify Mr. Hinkley that there was no desire for this voluntary annexation since it would create a problematic situation for police and fire assistance and in essence a public safety concern. Mr. Hinkley's another was present in the audience and spoke on his behalf. No City Council action was taken on the Voluntary Annexation Request for the Properties on Grant Avenue. ORDINANCES: 12. Motion to Approve; Ordinance No. 03 -2005; Amending Chapter 110, Zoning; Amending the Procedure by 'which Site Plans are Reviewed and Approved; Granting the City Council Final Decision - Making Authority Regarding Site Plan Applications, at first reading. Mayor Randels read Ordinance No. 03-2005 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CODE OF ORDINANCES, ZONING, AMENDING THE PROCEDURE BY WHICH SITE PLANS ARE REVIEWED AND APPROVED; GRANTING THE CITY COUNCIL FINAL DECISION- MAKING AUTHORITY REGARDING SITE PLAN APPLICATIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. By way of history, Mayor Randels informed that a Council member presented this item on November 30, 2004 after which time City Council formally discussed the item on February 1, 2005. On March 1 City Council approved the item to proceed