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HomeMy Public PortalAbout1763-971 Industrial AnnexationORDINANCE: 1763 AN ORDINANCE ANNEXING TO THE CITY OF CRESTVIEW, FLORIDA, ± 1.52 ACRES OF CONTIGUOUS LANDS LOCATED IN SECTION 8, TOWNSHIP 3 NORTH, RANGE 23 WEST, AND BEING DESCRIBED AS SET FORTH HEREIN; PROVIDING FOR AUTHORITY; PROVIDING FOR LAND DESCRIPTION; PROVIDING FOR BOUNDARY; PROVIDING FOR LAND USE AND ZONING DESIGNATION; PROVIDING FOR AMENDMENT TO THE BASE, LAND USE AND ZONING MAPS; PROVIDING FOR A COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR FILING WITH TI-IE CLERK OF CIRCUIT COURT OF OKALOOSA COUNTY, THE CHIEF ADMINISTRATIVE OFFICER OF OKALOOSA COUNTY AND THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1— AUTHORITY. The authority for enactment of this ordinance is Chapter 171, Florida Statutes, and Section 2 of the City Charter. SECTION 2 — LAND DESCRIPTION. The following described unincorporated area contiguous to the City of Crestview, Florida, is hereby annexed to the City: PIN # 08-3N-23-0530-0001-0020 (Deed recorded in Book 3295, page 2563, dated April 17, 2017) LOTS 2 AND 3, BLOCK 1, COOK'S ADDITION TO CRESTVIEW, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 104, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA. SECTION 3 — BOUNDARY. The existing boundary line of the City of Crestview, Florida, is modified to include the herein referenced tract of land and the base, zoning and land use maps shall be updated to reflect these changes pursuant to law. SECTION 4 — LAND USE AND ZONING. Pursuant to general law, the property hereby annexed was subject to Okaloosa County land development, land use plan, and zoning or subdivision regulations, which shall remain in full force and effect until rezoning and land use changes are finalized by the City in compliance with the Comprehensive Plan. SECTION 5 — COMPREHENSIVE PLAN UPDATE. Pursuant to Chapter 163.011, et seq. petitioner for annexation shall apply through the City for a Comprehensive Plan change which will designate the future land use category for the parcel as Commercial (C) with Commercial (C-1) to be assigned and run concurrent with the approval and adoption of the Comprehensive Plan amendment by the proper authorities. SECTION 6 — MAP UPDATE. The Base, Zoning and Future Land Use Maps shall be updated at the earliest possible date. SECTION 7 — FILING. Upon passage, the City Clerk is directed to file a copy of this ordinance with the Clerk of Circuit Court of Okaloosa County and with the Florida Department of the State. SECTION 8 — SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. Page 129 of 278 SECTION 9 — SCRIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 10 — ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 11 — REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 12 — EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA ON THE ATTE // DAY OF v r2?_��./J , 2020. 1 ‘64,/,-)g IZABETH M. ROY City Clerk APPROVED BY ME THIS / / DAY OF , 2020. . WHITTEN Mayor Paae 130 of 278 EXHIBIT A Subject Parcel Aerial Exhibit 0 100 2CC Feet Legend Q City Limds Subject Parcel PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE. NORTH ZONE U S SURVEY FEET Pane 131 of 278 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PLANNING AND ZONING STAFF REPORT PROJECT NAME: 971 Industrial Drive — Annexation, Comp Plan Amendment & Rezoning ORDINANCE NUMBERS: 1763 Annexation 1764 Comp Plan Amendment (Small Scale) 1765 Rezoning SUBMITTED TO: DATE: LPA April 27, 2020 City Council — First Reading April 27, 2020 City Council — Second Reading May 11, 2020 April 20, 2020 1. References Reviewed and Applied A. Crestview Code of Ordinances, Current Edition B. Crestview Comprehensive Plan, Current Edition C. Florida Statutes, Current Edition 2. Project Summary Property Owner(s) Property Location: The subject Staff Recommendation: Oakhill Properties LLC property is generally located on the east Approval of the requested actions, 2797 Phil Tyner Rd side of Industrial Drive, between subject to any conditions provided in Crestview, FL 32536 Livingston Street and Jones Road, and the following report or suggested by consists of +/- 1.52 acres. PIN #: 08-3N- the LPA. 23-0530-0001-0020 Applicant Property Owners Public Notice: Application Information: • Notice letters sent to property owners The applicant has requested within 300' of the subject property on Staff Planner: Annexation, Comprehensive Plan 4/6/20 Elgin A. Duley III, Planning Amendment to Commercial (C), and • Property posting on 4/13/20 Administrator Zoning designation of Commercial (C-1) • Ad run on 4/15/20 Dawn Barnes, Planner I to allow for commercial development. 3. Application / Project Analysis Project Description The applicant(s) has requested the Annexation, Comprehensive Plan amendment to Commercial (C), and rezoning of the subject property to Commercial (C-1). This Future Land Use amendment will allow the newly annexed lands to be developed commercially. This zoning change will implement the Future Land Use change and require any proposed development to meet the Land Development Code's C-1 zoning district requirements. Project Context Current Conditions: The subject property is currently vacant. The following table provides the surrounding land use designations, zoning districts, and existing uses. Page 11 Pane 132 of 278 Direction FLU Zoning Existing Use North County MU County MU Commercial East County MU County MU Commercial South County LDR County R-1 Residential West County MU County MU Commercial Project Compatibility: A development application concerning the subject property has not been submitted. Based on the requested land - use and zoning designations, the property will be developed commercially. The uses to the north, east and west are all commercial in nature. The properties to the south currently have residences on them. Regulatory and Statutory Compliance: Florida Statute Chapter 163. The proposed amendment is a parcel totaling +/- 1.52 acres and is being processed as a small-scale comprehensive plan amendment to the Future Land Use Map in accordance with Florida Statutes. As such, the amendment is being brought before the Local Planning Agency in a public hearing and before the City Council in a public hearing (the adoption hearing). The Florida Department of Economic Opportunity does not require review of small-scale Future Land Use Map amendments unless challenged by an affected party within 30 days of adoption by the City Council. City of Crestview Comprehensive Plan. Chapter 7 of the Comprehensive Plan establishes the various requirements for Future Land Use categories and the applicant requested amendment to designate the annexed property as a Commercial Land Use is in keeping with the Plan. The Future Land Use Map of the Comprehensive Plan has established the appropriate land uses. The appropriate intensity and impervious surface area maximums will be assured during development review. Specific Comprehensive Plan Goals Objectives and Policies in support of the requested actions are as follows: Policy 7.A.6.6 — Because the proposed annexation is of unincorporated lands which are contiguous and compact; the annual maintenance costs are assumed to be less than the annual net revenue generated; and it improves the delineation of the City's boundary line. Policy 7.A.2.2 — Because the amendment will serve to discourage urban sprawl. Policy 7.A.6.3 — Because the amendment promotes infill development. Policy 7.A.3.2 — Because the amendment is consistent with accepted planning principals and it represents efficiency of use of the property given its location relative to other uses. Policy 16.A.1.5 — Because the amendment will be beneficial to existing commercial development, will encourage business retention and create a favorable business climate for existing businesses. Crestview Land Development Code. The use of the property as an allowable commercial use, provided the Comprehensive Plan and Zoning change is approved, will undergo development review to ensure compliance with the Land Development Code. Adequate Public Facilities: When a development application is made, all impacts to City services will be addressed through the staff review and Development Order approval processes. Environmental Impacts: Wetlands and Environmentally Sensitive Lands — Current wetlands data indicates the absence of any jurisdictional wetlands within the subject property. Historical and/or Archeological Resources — The application does not address the presence of any historical or archeological resources onsite. Page I 2 Pace 133 of 278 General Staff Comments: Planning and Zoning. The requested changes are consistent with the nature of the area and are in compliance with the desired growth of that area. 4. Findings A. The request for Annexation satisfies Florida Statute requirements for voluntary annexation. B. The request for Comprehensive Plan Amendment is consistent with the above references and will not be a detriment to the surrounding property. C. The request for Zoning Change is consistent with the above references and will not be a detriment to the surrounding property. 5. Conditions of Approval A. Staff does not apply nor recommend the application of any conditions for approval of the current requests. 6. Conclusion and Recommendation A. The applicant has submitted the forms for Annexation, Comprehensive Plan Amendment, and Zoning Change of the property. The proposed actions satisfy the requirements of the City of Crestview's adopted Comprehensive Plan, and Land Development Code. B. The associated Comprehensive Plan Amendment should not pose a problem if supported by proper documentation and Council intent. C. Please review the applications based on the characteristics of the site and surrounding area; the nature of the development, including the land use type and densities; and conformity of the development with the City's Comprehensive Plan, the City's Code of Ordinances and other applicable state and city regulations, in deciding the request. Based on the analysis above and the findings of fact, staff recommends approval of the applications for Annexation, Comprehensive Plan Amendment, and Zoning Change. Assigned Staff: Elgin Duley III, Planning Administrator Dawn Barnes, Planner I Received Public Comments: None Page I 3 Paae 134 of 278 W �. 4P. Y �'''�J Subject Parcel v ;` t 'g^ "4 a. I' f a�d� Aerial Exhibit N : , `. .. RICHBURG,LN O },... , Q' � �..-� g{' ."„ j'' IN 0 100 200 7� I s • k•� i r',.., Feet t err. l , ;�. r.q ` v " " a. cr l 7. CI 4 _J Q t Legend Q Subject Parcel : ,k; 1 i,4 Jr•.•,., 111111 City Limits _ JONES RD :at, i. t� f' pv {w+` ? ' W a •- I i is LIVINGSTON ST - yab - ` PROSPECT RD }°....— _i .,q44 , - ' ! 'iU v5;m i r y .�-. -' 44 C $ RAVE• {i •� A•rt 4r?�I 4. r' 1 � t " ' PREPARED BY CITY OF CRESTVIEW wi t{ , ' r { + -'','‘it, d' F, . `! , ^ d OKALOOSACOUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET Page 14 Pane 135 of 278 Subject Parcel Existing Use 0 100 200 Feet Legend Subject Parcel City Limits BEAUTY PAR COUNTY LIGHT MANU MOBILE HOM MULTI-FAMI MUNICIPAL NO AG ACRE OFFICE BUI PRVT SCHL/ RESTAURANT SINGLE FAM STORES, 1 SUPERMARKE VACANT VACANT COM VACANT/COM VEH SALE/R WAREHOUSE - PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSACOUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET Page 15 Pane 136 of 278 o Subject Parcel Z co QN CO 2 Q RICHBURG LN it Current FLU wZJ' E s 0 100 200 Feet A Legend Subject Parcel Q City Limits ftair f•-• CI JONES RD City Future Land Use I"Commercial (C) Industrial (IN) Low Density Residential (LDR) Medium Density Limited Residential (MDLR) Medium Density Residential County Mixed Use (MU) vO -'--' (MDR) High Density Residential (HDR) Mixed Use (MU) n_O AAA Downtown Mixed Use Public Lands (PL) 4., j Conservation (CON) Pending Comp Plan - Amendment LIVINGSTON ST 1— PROSPECT RD to 2 1U g CARVER AVE PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET Page 16 Pane 137 of 278 GSTON ST 1.52+/- acres of land Ex FLU = County Mixed Use (MU) Adopted FLU = Commercial (C) PRO:, BRACKIN ST CARVER AVE i Adopted Future Land Use E s 0 100 200 Feet Legend litta Subject Parcel ® City Limits City Future Land Use Commercial (C) Industrial (IN) Low Density Residential (LDR) Medium Density Limited Residential (MDLR) Medium Density Residential (MDR) High Density Residential (HDR) - Mixed Use (MU) Downtown Mixed Use Public Lands (PL) Conservation (CON) Pending Comp Plan Amendment PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET Page 17 Pane 138 of 278 Subject Parcel Current Zoning W E 0 100 200 Feet Legend Subject Parcel ® City Limits Zoning Commercial (C-1) Commercial (C-2) Industrial (M-1) Single Family Dwelling District (R-1) Single Family Dwelling District (R-1A) Single or Multi -Family Dwelling District (R-2) Multi -Family Dwelling District (R-3) Downtown Mixed Use (DMU) Planned Unit Development (PUD) Agricultural (A) Publilc Lands (P) Conservation (E) Pending Rezoning PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET Page 18 Pane 139 of 278 o cr 0) aN CO Z ORICHBURG LN W 2 Adopted Zoning w E S 0 100 200 Feet Legend IN Subject Parcel o MIN City Limits J Q a co JONES RD '7al \ �- ; e, : �la�M1�7`; �p ,gl6 v {'"Y1"�"'" !i`� 1 d>,(.. (' x rrtl ! �� .) ht flus61•i!ll tr v '- City Zoning Commercial (C-1) -Commercial (C-2) Industrial (M-1) Single Family Dwelling District (R-1) Single Family Dwelling District (R-1A) Single or Multi -Family Dwelling District (R-2) Multi -Family Dwelling District (R-3) Downtown Mixed Use (DMU) • �,K- .' Planned Unit Development Agricultural (A) Publilc Lands (P) Conservation (E) -ON ST Pending Rezoning r1.52+!- acres of land PROS": Ex Zoning = County Mixed Use (MU) Adopted Zoning = Commercial c — z (C-1) Q ct co _l CARVER AVE PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY E,IS ORTH MENT OKANAD 1983 SATE PLANE, ZONE NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET Page 19 Pane 140 of 278