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HomeMy Public PortalAbout1756-Aplin Road AnnexationORDINANCE: 1756 AN ORDINANCE ANNEXING TO THE CITY OF CRESTVIEW, FLORIDA, ± 0.64 ACRES OF CONTIGUOUS LANDS LOCATED IN SECTION 20, 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 THE 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 # 20-3N-23-0000-0119-0000 (Deed recorded in Book 2788, page 4299, dated May 9, 2007) BEGINNING AT A POINT WHERE THE EAST EDGE OF THE CRESTVIEW CAMP WALTON HIGHWAY RIGHT OF WAY INTERSECTS THE NORTH BOUNDARY LINE OF SOUTH EAST 1/4 OF SECTION TWENTY 20, TOWNSHIP THREE NORTH RANGE TWENTY THREE W THENCE RUN EAST 140 YARDS FOR POINT OF BEGINNING, THENCE RUN SOUTH 70 YARDS EAST 35 YARDS NORTH 70 YARDS WEST 35 YARDS TO POINT OF BEGINNING. SUBJECT TO ANY INTEREST AND/OR EASEMENT GULF POWER COMPANY OR ITS SUCCESSORS, TRANSFEREES, OR ASSIGNS HAS IN AND TO THE ABOVE DESCRIBED PROPERTY. 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 Pane 76 of 278 Circuit Court of Okaloosa County and with the Florida Department of the State. PASSED ANDADOPTEDON SECOND READING�-BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA ON / / � y DAY OF / 1C , 2020. 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. 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. THE AT ' ST: ELIZABETH M. ROY City Clerk l y�� APPROVED BY ME THIS / / - DAY OF p ,� J , 2020. . WHITTEN Mayor Paae 77 of 278 EXHIBIT A Subject Parcel Aerial Exhibit rl 0 50 ICC Feet Legend Q City Lin is 72. Subject Parcels 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 78 of 278 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PLANNING AND ZONING STAFF REPORT PROJECT NAME: ORDINANCE NUMBERS: SUBMITTED TO: DATE: Aplin Road — Annexation, Comp Plan Amendment & Rezoning 1756 Annexation 1757 Comp Plan Amendment (Small Scale) 1758 Rezoning LPA April 27, 2020 City Council — First Reading April 27, 2020 City Council — Second Reading May 11, 2020 April 16, 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: Crestview Mini Storage II property is generally located on the Approval of the requested actions, LLC south side of Aplin Road, between subject to any conditions provided in 601 Ferdon Blvd N Highway 85 North and South Pearl the following report or suggested by Crestview, FL 325360000 Street, and consists of +/- 0.64 acres. the LPA. PIN # 20-3N-23-0000-0119-0000 Applicant Public Notice: Property Owners Application Information: • Notice letters sent to property owners The applicant has requested within 300' of the subject property on Annexation, Comprehensive Plan 4/6/20 Staff Planner: Amendment to Commercial (C), and • Property posting on 4/13/20 Elgin A. Duley III, Planning Zoning designation of Commercial (C-1) • Ad run on 4/15/20 Administrator to allow for commercial development. Dawn Barnes, Planner I 3. Application / Project Analysis Project Description The applicant 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 used commercially, as they have been developed. This zoning change will implement the Future Land Use change and all the current development to meet the Land Development Code's C-1 zoning district requirements. Project Context Current Conditions: The subject property is currently developed for commercial use. The following table provides the surrounding land use designations, zoning districts, and existing uses. Page 11 Pane 79 of 278 Direction FLU Zoning Existing Use North Commercial Commercial Vacant & Residential East Commercial Commercial Commercial South Commercial Commercial Commercial West Commercial Commercial Vacant & 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 continue to be used commercially. The uses to the east, south and west are all commercial in nature. The property to the north currently has a residence on it but it has been used commercially in the past. Regulatory and Statutory Compliance: Florida Statute Chapter 163. The proposed amendment is on a parcel totaling +/- 0.64 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. 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, is in compliance with the Land Development Code. Adequate Public Facilities: Impacts to City services will be negligible as the parcel is developed as a mini -storage facility. 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. General Staff Comments: Page[2 Paae 80 of 278 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 Pane 81 of 278 ! r:• ,. T "r n ' 1 fi a .. • ` Subject Parcel J CC Aerial Exhibit r�er" 4 - a L �2 fi.+ vv ,: 0 50 100 )t,44.. s4 7 t r 1, >M " t. :mod r' Feet �.. Legend y Ii City Limits [(� Subject Parcel API_IN RD n.a,41 I; 109 Q 4 ill' I ' ( r, 1 11 • 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 14 Pane 82 of 278 APLIN RD 0.64 Acre Subject Parcel Existing Use W E 0 50 100 Feet Legend D City Limits Subject Parcel Use Description im LIGHT MANU OFFICE BUI SINGLE FAM STORE/SFR STORES, 1 UTILITIES VACANT COM VEH SALEiR WAREHOUSE - 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 15 Pane 83 of 278 APLIN RD County Mixed Use (MU) 1— J W 0 Subject Parcel Current FLU W E 0 50 100 Feet Legend City Limits Subject Parcel 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 16 Pane 84 of 278 APLIN RD 0.64+/- acres of land Ex FLU = County Mixed Use (MU) Adopted FLU = Commercial (C) Adopted Future Land Use s 0 50 100 Feet Legend City_Limits Subject Parcel 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 85 of 278 APLIN RD County Mixed Use (MU) Subject Parcel Current Zoning 0 50 100 Feet Legend O City Limits Subject Parcel Zoning - Commercial (C-1) - Commercial (C-2) Ma 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 86 of 278 APLIN RD 0.64+/- acres of land Ex Zoning = County Mixed Use (MU) Adopted Zoning = Commercial (C-1) Adopted Zoning W E S 0 50 100 Feet Legend City Limits Subject Parcel City Zoning SIM 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 19 Pane 87 of 278