LEGISLATIVE ACTION ITEM
SPONSOR: Ashton J. Hayward, III, Mayor
SUBJECT:
title
PROPOSED ORDINANCE NO. 10-17 - ANNEXATION OF PROPERTY - CAMPUS HEIGHTS
end
RECOMMENDATION:
recommendation
That City Council adopt Proposed Ordinance No. 10-17 as amended on second reading.
AN ORDINANCE INCORPORATING AND ANNEXING A CERTAIN AREA CONTIGUOUS AND ADJACENT TO THE CITY OF PENSACOLA INTO THE CITY OF PENSACOLA, AND DECLARING SAID AREA TO BE A PART OF THE CITY OF PENSACOLA; REPEALING CLAUSE, AND PROVIDING AN EFFECTIVE DATE.
end
body
HEARING REQUIRED: Public
SUMMARY:
Campus Heights was identified in the approved year 2000 Airport Master Plan as a development area for a future business commerce park associated with the Airport. Generally, the Campus Heights area is bounded on the east and south by Airport property, on the north by Langley Avenue, and on the west by Tippin Avenue. It is an area of mixed use, consisting of commercial, light industrial, and residential use.
Currently one-hundred thirteen parcels have been purchased by the Airport, with six remaining to be acquired. As parcels are acquired that are contiguous to but not within the City limits, it becomes necessary to annex those parcels via the statutory process for the annexation of property.
In order to comply with the statutory requirements that would not require a referendum, seventy-seven (77) parcels, sixty-one (61) of which are owned by the Pensacola International Airport, were selected for annexation. Opposition to the annexation of the sixteen (16) parcels owned by businesses was expressed during the required two public hearings held on this annexation. The City Council amended the ordinance to exclude these 16 commercial parcels.
F.S. 171.0413 provides that:
Annexation procedures.-Any municipality may annex contiguous, compact, unincorporated territory in the following manner:
(1)An ordinance proposing to annex an area of contiguous, compact, unincorporated territory shall be adopted by the governing body of the annexing municipality pursuant to the procedure for the adoption of a nonemergency ordinance established by s. 166.041. Prior to the adoption of the ordinance of annexation, the local governing body shall hold at least two advertised public hearings. The first public hearing shall be on a weekday at least 7 days after the day that the first advertisement is published. The second public hearing shall be held on a weekday at least 5 days after the day that the second advertisement is published. Each such ordinance shall propose only one reasonably compact area to be annexed. However, prior to the ordinance of annexation becoming effective, a referendum on annexation shall be held as set out below, and, if approved by the referendum, the ordinance shall become effective 10 days after the referendum or as otherwise provided in the ordinance, but not more than 1 year following the date of the referendum.
(6)Notwithstanding subsections (1) and (2), if the area proposed to be annexed does not have any registered electors on the date the ordinance is finally adopted, a vote of electors of the area proposed to be annexed is not required. In addition to the requirements of subsection (5), the area may not be annexed unless the owners of more than 50 percent of the parcels of land in the area proposed to be annexed consent to the annexation. If the governing body does not choose to hold a referendum of the annexing municipality pursuant to subsection (2), then the property owner consents required pursuant to subsection (5) shall be obtained by the parties proposing the annexation prior to the final adoption of the ordinance, and the annexation ordinance shall be effective upon becoming a law or as otherwise provided in the ordinance.
Therefore, in accordance with paragraph (6) of F.S. 171.0413, a referendum is not required as there are no registered electors on the parcels in the proposed annexation area. Further, the City of Pensacola/Pensacola International Airport, the owner of the 61 parcels of the land in the proposed annexation area, consents to the annexation.
PRIOR ACTION:
November 10, 2011 - City Council approved the annexation of nine (9) parcels in the Campus Heights area owned by the Pensacola International Airport.
December 1, 2011 - City Council adopted Ordinance No. 31-11 - Annexation of Airport Owned Property on second reading.
April 13, 2017 - Item was withdrawn prior to City Council Meeting.
May 11, 2017 - Public Hearing held to consider Ordinance No. 10-17.
June 8, 2017 - Public Hearing held. City Council voted to amend Ordinance No. 10-17 to exclude the 16 commercial parcels in the proposed annexation.
FUNDING:
N/A
FINANCIAL IMPACT:
None.
CITY ATTORNEY REVIEW: Yes
3/27/2017
STAFF CONTACT:
Eric W. Olson, City Administrator
Sherry Morris, Planning Services Administrator
Daniel Flynn, Airport Director
ATTACHMENTS:
1) Proposed Ordinance No. 10-17
PRESENTATION: No end