Loading...
HomeMy Public PortalAbout1760-Industrial Drive AnnexationORDINANCE: 1760 AN ORDINANCE ANNEXING TO THE CITY OF CRESTVIEW, FLORIDA, 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 THE CLERK OF CIRCUIT COURT OF OKALOOSA COUNTY, THE CHIEF ADMINISTRATIVE OFFICER OF OKALOOSA COUNTY AND 11.11, 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: A PORTION OF THAT RIGHT OF WAY FOR INDUSTRIAL DRIVE AS DEEDED TO THE CITY OF CRESTVIEW AND RECORDED IN THE OKALOOSA COUNTY COURTHOUSE IN OFFICIAL RECORDS BOOK 1669, PAGES 257-260; AND BEING MORE SPECIFICALLY DESCRIBED AS BEING THE FULL WIDTH OF RIGHT OF WAY THAT LIES BETWEEN APPROXIMATE STATION 58+81, BEING AT THE CURRENT LIMITS OF THE CITY OF CRESTVIEW AT STILLWELL BOULEVARD, AND THENCE PROCEEDING NORTH TO APPROXIMATE STATION 79+96, BEING AT THE INTERSECTION OF THE NORTH LINE OF A PARCEL OF LAND CURRENTLY ADDRESSED AS 971 INDUSTRIAL DRIVE AND BEING IDENTIFIED BY PARCEL ID# 08-3N-23-0530-0001-0020; AND SAID RIGHT OF WAY BEING OF VARIABLE WIDTH AND DESCRIBED BY FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION NUMBER 57000-2803, PAGES 1 AND 2. 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 Public Lands (PL) with Public Lands (P) 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 108 of 278 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. 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 / /1=6 DAY OF �, 2020. ATTEST: ELIZAB'ETH M. ROY City Clerk APPROVED BY ME THIS 13. WHITTEN Mayor DAY OF 1v�7 , 2020. Paae 109 of 278 EXHIBIT A • Pam, �a� P'tAlhop•% • f'Iif i3f'LG I RD-- IVINGSION STILLWELL BLVD Subject Parcel Aerial Exhibit 0 2CC Feet Legend Q City Limits :22 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 110 of 278 CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PLANNING AND ZONING STAFF REPORT PROJECT NAME: ORDINANCE NUMBERS: SUBMITTED TO: DATE: Industrial Drive — Annexation, Comp Plan Amendment & Rezoning 1760 Annexation 1761 Comp Plan Amendment (Small Scale) 1762 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: City of Crestview property is the deeded Right of Way of Industrial Drive, between Stillwell Approval of the requested actions, subject to any conditions provided in Boulevard and the north line of 971 the following report or suggested by Applicant Industrial Dive and consists of +/- 5.32 the LPA. Property Owners acres. Public Notice: Staff Planner: Application Information: • Notice letters sent to property owners E.A. Duley Ill, The applicant has requested Annexation, within 300' of the subject property on Planning Administrator Comprehensive Plan Amendment to 4/6/20 Dawn Barnes, Planner I Public Lands (PL), and Zoning • Property posting on 4/13/20 designation of Public Land (P). • Ad run on 4/15/20 3. Application 1 Project Analysis Project Description The applicant(s) has requested the Annexation, Comprehensive Plan amendment to Public Lands (PL), and rezoning of the subject property to Public Lands (P). Project Context Current Conditions: The subject property is currently developed as a right-of-way and will remain Right of Way. This parcel was former railroad right of way deeded to the City. City utilities have been placed within this right of way. Page 11 Paoe 111 of 278 Project Compatibility: The subject property is entirely right of way. There are no compatibility issues with this parcel and any other adjacent parcel. Regulatory and Statutory Compliance: Florida Statute Chapter 163. The proposed amendment is on a portion of former railroad right of way that was deeded to the City, totaling +/_ 5.32 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 and existing public use, provided the Comprehensive Plan and Zoning change is approved. No changes are planned for the subject property in use or condition. Adequate Public Facilities: This is a part of the existing infrastructure and current public facilities utilized by the City. 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: 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 Page Pane 112 of 278 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 13 Paae 113 of 278 Subject Parcel Aerial Exhibit W E 0 100 200 Feet Legend Subject Parcel City Limits 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 Pace 114 of 278 LIM'INGSTUN ST 5.32 Acres I Subject Parcel Existing Use 0 N 100 2C Feet Legend Cat', Lrnds Pwcpt USe Description ▪ $EAUTY PAR - CHURCHES auBstcoG - CoMAruNiTY •+UBILE HCNri >++IJNICPAL OFFICE mil - SINGLE FAM STORES. 1 - SUPEP.LAARKE - VAC iNsm ACANF AcANT CCAli vACANT.0041 - VEH SALE+R yeknetiouse PREPARED BY CITY OF CRESTVIEY.' COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY 01(ALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE_ NORTH ZONE S. SURVEY FEET Page 15 Pace 115 of 278 p Qv O c4- PROSPECT RD LIVINGSTON ST N/A STILLWELL BLVD 1 Subject Parcel Current FLU W E 0 100 200 Feet Legend 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 16 Paoe 116 of 278 LIVINGST CN' ST 5.32+f- acres of land Ex FLU = N/A Adopted FLU = Public Lands (PL) Adopted Future Land Use Peed Legend 5u,{ect Parcel ® City Limes City Future Land Use 1.-:•zrnmercia 1CI Ir>1ustnal (IN) Low Density ResitUirriel (LDRI. Vedtum Density' Letated restder1ied {MDLR) r,'adtum Density Restderrtta: High Density Residential _ hived Use {MU) Dvwntam Mixed Use Ptj 4tc Lends (PI ) Cnersef radon 4CONI Pending Camp Plan Am?ndmor 4 PREPARED SY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERFS PARCEL INFORMATION PROVIDED BY O ALOOSACOUNTY GIS DEPARTMENT NAO 1se83 STATE PLANE. NORTH ZONE U.S. SURVEY FEET Page I7 Pane 117 of 278 4r v PROSPECT RD LIVINGSTON ST 4.11111111111 STILLWELL BLVD I I I Subject Parcel Current Zoning N S 0 100 200 Feet Legend Q City Limits sub)ect_parcel 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 118 of 278 \ .yv PRO S.PETGTWO— LIVINGS•TION ST 5.32+1- acres of land Ex Zoning = N/A Adopted Zoning = Public Lands (P) STILLWELL BLVD Adopted Zoning Legend Su meet Paned City Limas City Zoning - Ccmr!r_rcaai (C.1) CommerFRI (C-2) IntluMr al 1 i L-1) Single Formby Daretterp District IR-1) SiNie Famcy Dwer,nn District LP-1Al Sitx9ieQrP1utti-Famdi Gwot•nr, L'itstra fft-2) Multi-Farn*f DefeAnp. Distict 114-3) Downtown 'Lived Use (OMU) PIainned Unit Development 1PUD) Aryneutturaa {A} Putt is Lancis (P) CQnsorv-.,oart LE) Pending Rezoning PREPARED SY CITY OF CRESFVtgw COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY (LOO$A COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE_ NORTH ZONE U.S. SURVEY FEET Page 19 Pane 119 of 278