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Home My Public Portal About1759-HWY 90 E AnnexationORDINANCE: 1759 AN ORDINANCE ANNEXING TO THE CITY OF CRESTVIEW, FLORIDA, th 32.49 ACRES OF CONTIGUOUS LANDS LOCATED IN SECTION 15, 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 ADMINISIRATIVE 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 # 15-3N-23-0000-0070-0000 (Deed recorded in Book 3411, page 1685, dated July 29, 2019) WEST '/: OF THE NORTHWEST '% OF NORTHWEST '% AND WEST '% OF SOUTHWEST '% OF NORTHWEST % ALL LYING AND BEING IN SECTION 15, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, LESS AND EXCEPT THE RIGHT OF WAY OF HIGHWAY 90. AND LESS AND EXCEPT ANY PARTS SOLD. 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 Pending with Pending 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 Paae 97 of 278 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. PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA ON THE / DAY OF ✓ ✓ )(-, 2020. AT EST: ELIZA`BETH M. ROY City Clerk APPROVED BY ME THIS WHITTEN �� Mayor DAY OF 1/47/Th , 2020. Paae 98 of 278 EXHIBIT A Subject Parcel Aerial Exhibit 0 200 4CC Fee! Legend Q City Lands 172 Subject Parcels PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1903 STATE PLANE. NORTH ZONE U S SURVEY FEET Paae 99 of 278 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PLANNING AND ZONING STAFF REPORT PROJECT NAME: Highway 90 East — Annexation ORDINANCE NUMBERS: 1759 Annexation SUBMITTED TO: LPA April 27, 2020 City Council — First Reading April 27, 2020 City Council — Second Reading May 11, 2020 DATE: 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: Rogers John Bryan property is generally located on the Approval of the requested actions, PO Box 7076 north side of Highway 90 East, between subject to any conditions provided in Destin, FL 325400000 Palmetto Drive and Hillcrest Road and the following report or suggested by consists of +/- 32.49 acres. PIN #: 15- the LPA. 3N-23-0000-0070-0000 Applicant Property Owners Public Notice: Application Information: • Notice letters sent to property owners The applicant has requested Annexation within 300' of the subject property on Staff Planner: to allow for residential development. 4/6/20 Elgin A. Duley III, Planning • Property posting on 4/13/20 Administrator • Ad run on 4/15/20 Dawn Barnes, Planner I 3. Application / Project Analysis Project Description The applicant has requested Annexation. The Comprehensive Plan amendment and rezoning of the subject property will be requested when development plans have been made. Project Context Current Conditions: The subject property is currently vacant. The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North County LDR County R-1 Residential East County MU & LDR County MU & R-1 Vacant & Residential South MDR, PL & CON Pending Vacant Page 11 Pane 100 of 278 West C & LDR C-1 & R-1 Vacant Project Compatibility: A development application concerning the subject property has not been submitted. It is possible the property will be developed as a subdivision. The properties surrounding the parcel are either residences or vacant land. Regulatory and Statutory Compliance: Florida Statute Chapter 163. The proposed amendment is on three parcels totaling +/- 2.93 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. 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. Crestview Land Development Code. The use of the property as an allowable residential use, provided the Comprehensive Plan and Zoning change is approved once requested, 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 possible wetlands in the northeast portion of the property. Historical and/or Archeological Resources — The application does not address the presence of any historical or archeological resources onsite. 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. 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. Page I 2 Pane 101 of 278 B. Please review the application based on the characteristics of the site and surrounding area; the nature of the possible 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 Bames, Planner I Received Public Comments: None Page I 3 Pace 102 of 278 Subject Parcel Aerial Exhibit s 0 200 400 Feet Legend City Limits 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 Page 14 Pane. 103 of 278 LIITI Subject Parcel Existing Use N W E S 0 200 00 Feet Legend City Limits Subject Parcel Use Description CHURCHES COUNTY IMPROVED LIGHT MANU 0 I ' MOBILE HOM IY W l MUNICIPAL II NO AG ACRE 32.49 Acres rr W I— RES COMMON •V SINGLE FAM . Z 0 TIMBERLAND VACANT iiiii 11110.a_2 WM VACANT/RES 1111111 lu '0 -- / � wD 0 ._ 0 s ' -�— �aMEs LE., BLv E --� _� JgMES LEE BLU° E. Fib - . — 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 104 of 278 Subject Parcel OXMORE-DR Current FLU N . W E S 0 200 400 Feet Legend City Limits Subject Parcel City Future Land Use Commercial (C) Industrial (IN) Low Density Residential (LDR) Medium Density Limited p ` Residential (MDLR) County Mixed Et } LLI c ii. Medium Density Residential (MDR) 111111.12,01 smi 111101. Use (MU) w I. Z p ir-- High Density Residential (HDR) Mixed Use (MU) Downtown Mixed Use Public Lands (PL) F I Conservation (CON) Pending Comp Plan Amendment glast Z 10° `ltu r{+ Q Ct o DES�1' Rp JAMS G.E. BI-Vp E Jgg1ES�E-Ebb DE 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 16 Pane 105 of 278 OXMORE-DR i County Mixed Use (MU) JAMEs LFF sLve TO-RD LI JAMS LEF BLVp E 2 Subject Parcel Current Zoning N s 0 200 400 Feet Legend ® City Limits Subject Parcel Zoning tf,;+3 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 17 Paae 106 of 278