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HomeMy WebLinkAboutOrdinance No. 14-2004 ORDINANCE NO. 14 -2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROPOSING TO ANNEX REAL PROPERTY GENERALLY LOCATED FROM GRANT AVENUE TO YOUNG AVENUE AND STATE ROAD AlA TO THE ATLANTIC OCEAN, AND OTHERWISE KNOWN AS WINSLOW BEACH AND AVON -BY- THE -SEA AREAS OR THE UNINCORPORATED AREA LYING BETWEEN THE CITIES OF CAPE CANAVERAL AND COCOA BEACH ALL OF WHICH IS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A "; PROVIDING FOR THIS ORDINANCE TO BE SUBMITTED TO A VOTE OF THE REGISTERED ELECTORS OF THE AREA PROPOSED TO BE ANNEXED AND TO A SEPARATE VOTE OF THE REGISTERED ELECTORS OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE AMENDMENT OF THE CAPE CANAVERAL CHARTER, ARTICLE I, SECTION 2, TO INCORPORATE THE SUBJECT REAL PROPERTY INTO THE CITY BOUNDARIES IF THE ANNEXATION IS APPROVED BY MAJORITY VOTE OF BOTH SETS OF REGISTERED ELECTORS AT A DULY HELD REFERENDUM; PROVIDING FOR THE FILING OF THE REVISED CAPE CANAVERAL CHARTER WITH THE DEPARTMENT OF STATE UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND FOR A CONTINGENT EFFECTIVE DATE. y Y. WHEREAS, the City of Cape Canaveral is primarily a residentially developed city encompassing all but a small portion of a housing tract or subdivision known as Avon -By- The -Sea; and WHEREAS, the subject area also includes a commercial corridor along the eastern side of State Road A1A, which under county jurisdiction has resulted in inconsistent land use and zoning requirements with properties across the street and in the City's jurisdiction, creating confusion for residents and guests alike, and diminishing the City's ability to provide a minium quality of life for its citizens; and WHEREAS, the majority of the subject area has developed in a pattern very similar to that of the City of Cape Canaveral; and WHEREAS, annexing the subject real property will square the south boundary of the city, City of Cape Canaveral Ordinance No. 14 -2004 Page 1 of 4 provide uniform land use controls along both sides of State Road A1A, and create an identifiable southern gateway feature, and WHEREAS, in the best interest of the public health, safety, and welfare of the citizens of Cape Canaveral, the City Council of the City of Cape Canaveral desires to annex the real property more particularly described below into the municipal boundaries of the City of Cape Canaveral; and WHEREAS, this annexation shall be pursuant to the annexation procedures contained in Section 171.0413, Florida Statutes; and WHEREAS, the City Council has determined that the subject real property meets the criteria in section 171.043, Florida Statutes, in that it is reasonably compact and contiguous with the boundaries of the City of Cape Canaveral and will not create an enclave; and WHEREAS, this annexation is in compliance and consistent with the goals and objectives of the City of Cape Canaveral Comprehensive Plan, Charter, and City Code; and WHEREAS, if this Ordinance becomes effective pursuant to the procedures in Section 171.0413, Florida Statutes, the municipal boundary lines of the City of Cape Canaveral, contained in Cape Canaveral Charter, Article I, Section 2, shall be redefined to include the subject real property. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: (10' Section 1. Annexation of Real o R al Property. The City Council hereby desires and proposes to annex the area of real property, which is more particularly described on the map attached hereto as Exhibit "A ", contingent upon the approval of the registered electors of the area of real property proposed to be annexed and the approval of the registered electors of the City of Cape Canaveral. Approval or disapproval of the annexation shall be put to a vote of said registered electors by referendum duly held as soon as practicable at a special or general election. Exhibit "A" is hereby fully incorporated herein by this reference. Section 2. Referendum Election. The City Council hereby calls a referendum to be conducted in the area of the real property proposed to be annexed by this Ordinance and within the City of Cape Canaveral. The referendum shall be at the expense of the City of Cape Canaveral and held as soon as practicable at a special or general election thereafter. The referendum shall not be held sooner than 30 days following the final adoption of this Ordinance. Section 3. Annexation Ballot Question. Concurrent with the scheduled election stated in Section 2 herein, the following question shall be placed on the ballot for consideration by the registered electors of the area of real property proposed to be annexed by this Ordinance and the registered electors of the City of Cape Canaveral. The question shall follow the placement on the ballot of any candidates running for elected office, if any. The caption and question shall be worded City of Cape Canaveral Ordinance No. 14 -2004 Page 2 of 4 substantially as follows: CITY OF CAPE CANAVERAL ANNEXATION WINSLOW BEACH AND PORTION OF AVON -BY- THE -SEA AREAS Shall the City of Cape Canaveral annex the area of real property generally located from Grant Avenue to Young Avenue and State Road A1A to the Atlantic Ocean, as that property is legally described in Ordinance 14 -2004 of the City of Cape Canaveral, Florida, effective upon approval by a majority vote of the registered electors of that property and by majority vote of the registered electors of the City of Cape Canaveral? 'r ❑ Yes - - For annexation of property described in Ordinance Number 14 -2004 of the City of Cape Canaveral, Florida. ❑ No - - Against annexation of property described in Ordinance Number 14 -2004 of the City of Cape Canaveral, Florida. Section 4. Coordination with Supervisor of Elections. The City Clerk is hereby authorized and directed to instruct and coordinate with the Supervisor of Elections of Brevard k' County to include the above- described question on the ballot for the area of real property proposed to be annexed by this Ordinance and on the ballot for the City of Cape Canaveral. Section 5. City Boundaries Redefined; Cape Canaveral Charter Amended. Pursuant to Section 166.031(3), Florida Statutes, and Section 171.091, Florida Statutes, the City of Cape C ri Canaveral Charter, Article I, Section 2, shall hereby be amended to redefine the corporate boundaries of the City of Cape Canaveral to include the area of real property described in Section 1 of this Ordinance, providing the annexation is approved by a majority vote of the registered electors pursuant to the referendums called and conducted pursuant to this Ordinance. The City Clerk shall file the revised Cape Canaveral Charter, Article I, Section 2, with the Department of State within thirty (30) days upon said approval; otherwise, if the annexation is not approved by the either set of registered electors, then the City Clerk shall not file the revision of the Cape Canaveral Charter. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. Section 8. Whereas Recitals. The aforementioned "whereas" recitals are hereby fully incorporated herein by this reference as legislative findings of the City Council of Cape Canaveral. Section 9. Effective Date. This Ordinance shall become effective immediately upon (111 City of Cape Canaveral Ordinance No. 14 -2004 Page 3 of 4 1 adoption by the City Council of the City of Cape Canaveral, Florida, however, the annexation proposed by this Ordinance shall become effective on October 1, 2005 only if the proposed Cre annexation receives approval by a majority vote of the registered electors of the area of real property proposed to be annexed by this Ordinance and a majority vote of the registered electors of the City of Cape Canaveral ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the 17th day of August, 2004. • • C.:`■.:0 C.d ROCKY RANDELS T' Mayor ATTES r ..dam For Against SU' -.(' , T � S `F� Bob Hoog MOTION City C�b r'�� WE �.. ' Steve Miller X Jim Morgan SECOND Rocky Randels X Approv as to legal form and sufficiency Richard Treverton X for t C' of Cape Canaveral only: Anthony A. Garganese, City Attorney First Reading: Jul 20, 2004 g July , Second Reading: August 3, 2004 Third Reading: August 17, 2004 First Published: July 10, 2004 Second Published: July 29, 2004 Third Published: August 12, 2004 he City of Cape Canaveral Ordinance No. 14 -2004 Page 4 of 4 "EXHIBIT A" 7.0 GENERAL SUMMARY FOR BREVARD COUNTY Summary of an Annexation by the City of Cape Canaveral From Brevard County, Florida District 2 Location: Generally from Grant Avenue to Young Avenue from SR AlA to the Atlantic Ocean or the unincorporated area between the Cities of Cape Canaveral and Cocoa Beach. Metes and Bounds Legal Description, as provided by the Brevard County Survey Department. The proposed annexation area is "bounded on the North by a line beginning at the East right of way line of North Atlantic Avenue and the North Right of way line of Grant Avenue; thence Easterly along said North right of way line of Grant Avenue to the West line of Lot 13, Block 73, Avon By The Sea, as recorded in Plat Book 3 page 7, Public Records of Brevard County, Florida; thence Easterly along said North line and its Easterly projection to the centerline of Orange Avenue; thence Southerly along said centerline to the North right of way line of Grant Avenue; thence Easterly along said right of way to the centerline of Ridgewood Avenue; thence Northerly along said centerline to the Westerly projection of the centerline of Block 76 of said Plat Book 3 page 7, Public Records of Brevard County, Florida; thence Easterly along said Westerly projection to the mean high water line of the Atlantic Ocean." "Bounded on the East by the mean high water line of the Atlantic Ocean." "Bounded on the South by a line beginning at the mean high water line of the Atlantic Ocean and the Easterly projection of the North right of way line of Harding Avenue; thence Westerly along said Easterly projection and North right of way line to the West right of way line of Ridgewood Avenue; thence Southerly along said West right of way line to the South right of way line of Barlow Avenue; thence Easterly along said South right of way Iine to the East line of Lot 7 of Replat of Blocks 104, 105 of Avon By The Sea, Plat Book 11 page 33, Public Records of Brevard County, Florida; thence Southerly along said East line and it's Southerly projection to the North right of way line of Young Avenue; thence Westerly along said North right of way line to the East line of Lot 19 of said Plat book 11 page 33; thence Northerly along said East line and the Northerly projection to the South right of way line of Barlow Avenue; thence Easterly along said South right of way line to the Southerly projection of the East line of the West '/2 of Lot 14, Block 102, Avon By The Sea as recorded on Plat Book 3 page 7, Public Records of Brevard County, Florida; thence Northerly along said Southerly projection and East line and its Northerly projection to the North right of way line of Harding Avenue; thence Westerly along said North right of way line and its Westerly projection to the East right of way line of North Atlantic Avenue (SR Al A)." (41 "Bounded on the West by the East right of way line of North Atlantic Avenue (SR A1A)." 1 1 r M I N — M — En — N M I — — MIN MN M Ma 1 . City of Cape Canaveral1-0 Annexation G Proposed Area _ 111. A O C Y $ I . ter' _ r— _ . - i` :. r; T ' ��+� '_ ! it Ala € -.....,..,...0.....,,, /..,„ . .s, _ , - ..,,, I ,......,3-..14071,12,11 .., bill WIWI may. . '_ . . -- ' . �a , „1 .% . !al A.--—...._.'---' „i.„.„,.._ -- —_ r, •/ «.- 1- -.- r'`r ?i Ia -- 1 11 tip. � � .. -,;-4. r r..''; 4 •' ! a. 1'...r * ~ r I' I. •I: ...fir •I(1 A /. 4140 i. • itli \11.•14-4 . 4/1".'S Jr. '1,t•-:,„_••—•a ,: ,r. 41.1114 N !� �? .,�c �r r 3' `..iii i- „� '. a.` .. W ,Y' 1 •,t ',i , yJ •1P' 1i R-•�--••�-••� \1 S `" 7 / `a, 411.. `•'� `. ...• —,I1 -• ...-. Y r1!+-- •'. r.r-. 4 • ,,' A ti % C1 CAPE EANNVIRAL Y'::-. _ J owI a r, ,-1 4:, ..... 7 .ar.Li:, 1 i ill 4,44.,. hi 1 ., ...., , ,., - _,) 4 r 17T -; t I~.v9• t -J k -` 1 [ '( -�'rri hili d! err'. 1, 14 ,ter.:.} . li _ .,...l.�lL.1 .1 _ t.t{tlt -- ..,.t it , a.,,,l,„..-,'.f. 1,�_ ro • it -� X..-�c., :i 1, . 4 1 , ,..100' 17,7_,, ... g._ l......m.„,,,,,,,..„...., .:,„ lirA.r .7 �' ?,,�•"•' 4 t '1[ _ l IP": '1"1111&' 1 e D..• is-,----' sh�,ZI. •-* : .•.......04, lit - I : V ST— • ' . F t J' f�{� r.• ' } J•y , Is 1 Y a isa1 l ,� y ,, I- HAYES A 11. Legend " n GARFIELD AV • - _- . ARTHUR AV _ g Proposed Annexation Area — CLEVELAND AV , r .HOLMAN;RDMCKINLEYAV �j ;* MI78 Acres , . it. , EVELT AV., ,, ,r oos • ! ! Municipal Boundaries ,r"'' TAFjA P` rlrl �`.i'! �A WI o / MAP 1 ‘."'I/AA .� . :'- `�'r ,u !" , -r ,r II Ar --1 .._.. 4 CE q�� CITY OF CAPE CANAVERAL `" " 'r' _j a S _.._-._.._. IL I / INN 41' BARLOW A ® PROPOSED ANEXATION AREA` ' ,r-" .�- n y ■ g 9 Map prepared by Miller,Legg&Associates,Inc. 4 -a -tr r'; I - YQ '/Vie,• -� ,` _ June 2,2004 t au_I�,-.,_14944 r _ , 11 n ii N yam. Data Sources:Brevard County Property Appraiser Office, ..c.''''.4.4.4 4. _- City of Cape Canaveral,Brevard County Government. _ 44 �— ',, ----4,- 1 __ — - 0250 500 1.000 1,500 2,000 .'Iat yitr _ %, a la, t. _ _ Feet •P,p1 .-. . • CITY OF 1 inch equals 1,000 feet , -- CAPE CANAVERAL 1°al:PtC"7 4" 1 ./,w1 J:�...-r.