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HomeMy Public PortalAbout1715-Mixed-Use Comp Plan Text AmendmentORDINANCE: 1715 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF ITS ADOPTED COMPREHENSIVE PLAN; BY ESTABLISHING A NEW FUTURE LAND USE CATEGORY TO BE KNOWN AS THE MIXED -USE RESIDENTIAL COMMERCIAL CATEGORY; PROVIDING FOR REVISING THE FUTURE LAND USE MAP (FLUM) TO INCLUDE THE CATEGORY; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PURPOSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES; 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 Section 2 of the City Charter, §163.3187 F.S., §166.021 F.S., §166.041 F.S. and the adopted Comprehensive Plan. SECTION 2. Purpose. The purpose of this Amendment is to create a new Future Land use Category applicable to the areas of the City that are adjacent to the general downtown area of Crestview in order to provide a mixture of residential and light intensity non-residential uses between the downtown area and surrounding low density residential neighborhoods. New Policy 7.A.3.4(i) creates the new category. SECTION 3. Findings of Fact. The City Council of the City of Crestview finds the following: A. This amendment will promote compact, orderly, and infill development and will discourage urban sprawl; and B. Provides increased housing opportunities near the downtown employment, shopping and education centers; and C. Provides for the improvement and protection of existing development patterns within the downtown adjacent areas; and D. Provides for uses that have a demonstrated need within the downtown adjacent areas; E. Provides for increased economic opportunity within the downtown adjacent areas; F. A public hearing has been conducted after "due public notice" by the Crestview Planning Board sitting as the Local Planning Agency with its recommendations reported to the City Council; and G. A public hearing precedent to final adoption of this Ordinance has been duly noticed and conducted by the City Council; and Pane 5 of 99 ATTACHMENT A 19-3ESR — Amendment to the Comprehensive Plan of the City of Crestview. Policy 7.A.3.4 i. MIXED USE — RESIDENTIAL/COMMERCIAL (MX-RC) 1. Description: This category is intended to serve as a buffer zone between commercial and residential development and to encourage and allow for a mixture of residential, office, and low intensity commercial and convenience uses within areas located outside of the downtown commercial core and also in areas determined to be appropriate for a mixture of uses due to existing development patterns, location, availability of adequate public facilities, and market demands. 2. Permitted Uses: Uses permitted within this district shall be limited to residential, low intensity commercial, office and public/institutional uses. Non-residential land uses shall be allowed provided compatibility with residential uses is established through recognized methods of transitioning, buffering, and/or separation of incompatible uses. 3. Residential Density: A density of up to 10 dwelling units per acre (10 du/ac) is allowed. Clustering of dwelling units may be considered for approval to achieve a mixture of housing types and to preserve open spaces left in a natural state. Density bonuses delineated in the Land Development Code shall be considered in this category but at no time shall density be increased to over 15 units per acre. 4. Non -Residential and Mixed -Use Intensity: The Floor Area Ratio (FAR) of non-residential development shall not exceed 0.80. The FAR shall not exceed 1.75 for mixed -use development. Pane 7 of 99 H. This amendment is consistent with the adopted Comprehensive Plan and is in the best interests of the City and its citizens. SECTION 4. Adoption of Comprehensive Plan Amendment. Amendment 19-3ESR as attached hereto in Attachment "A" to this Ordinance is hereby adopted and Attachment "A" is incorporated herein by reference. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 6. 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 7. 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 8. Repeal of Conflicting Codes, Ordinances, and Resolutions. All Charter provisions, codes, ordinances and resolutions or parts of charters 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 9. Effective Date. The effective date of this plan amendment and ordinance shall be thirty-one (31) days after adoption on second reading by the City Council, unless the amendment is challenged pursuant to § 163.3187, F.S. If challenged, the effective date shall be the date a Final Order is issued by the State Land Planning Agency or the Administration Commission finding the amendment in compliance with § 163.3184, F.S. PASSED AND ADOPTED ON SECOND READING THE CITY COUNCIL OF CRESTVIEW, FLORIDA ON THE 1 3 DAY OF C. , 2020. ATTEST: ELIZNETH M. ROY City Clerk APPROVED BY ME THIS . WHITTEN ayor DAY OF �r�c ( , 2020. Pane 6 of qq