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HomeMy Public PortalAbout1780-6 Month Moratorium Annexation FeeORDINANCE: 1780 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR A SIX-MONTH WAIVER PERIOD FOR THE COLLECTION OF ANNEXATION APPLICATION FEES; PROVIDING FOR ADMINISTRATIVE PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the imposition of voluntary annexation application fees is a product of the City of Crestview's home rule power; and WHEREAS, the City Council of the City of Crestview finds that the collection of voluntary annexation application fees is an important measure which ensures that staff time and the necessary Public Notices are provided for in an equitable manner; and WHEREAS, the City Council of the City of Crestview finds that voluntary annexation into the City is both a benefit to the applicant and to the Citizens of Crestview; and WHEREAS, the City Council of the City of Crestview finds that the current voluntary annexation application fee may be over burdensome on those citizens wishing to be annexed into the City; and WHEREAS, the City Council of the City of Crestview finds that a six-month waiver of the collection of voluntary annexation application fees will continue to provide an opportunity for applicants to annex their properties into the City of Crestview without the burden of the fee. BE IT ADOPTED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA AS FOLLOWS: Section 1. AUTHORITY. The authority for enactment of this ordinance is Section 166.021 and Section 163.31801, Florida Statutes and Article I, Section 2 of the City Charter. Section 2. That Section 102-352, Planning and zoning review, recommendations, processing and fees, of Chapter 102, Land Use Regulations, City of Crestview, Florida, is hereby amended to read as follows: Sec. 102-352. — Planning and zoning review, recommendations, processing and fees. (c) Land planning application, administrative and processing fees. Prior to the time of submittal of an application, a schedule of projected fees shall be provided to the applicant. The application fees are due at time of submittal; the other applicable administrative fees, charges, consultant fees and direct expenses, if needed, shall be due thru the process cycle. Until the appropriate fees have been paid in full, no action shall be taken on any application or appeal. There is hereby established a Voluntary Annexation Application Fee Waiver for a period of approximately 6 months beginning on the effective date of August 11, 2020 and ending on February 11, 2021. The waiver shall be applied to all applicable Annexation, Comprehensive Plan Amendment, and Zoning Change applications, being annexed into the City of Crestview. This fee waiver is Pane 80 of 202 only applicable to those applications for annexation as described above and shall not be applied to Comprehensive Plan Amendments or Zoning Change applications absent an annexation application for the same property(s). The waiver shall not be applied retroactively to any application for annexation nor shall it apply to any annexation application that was voluntarily cancelled within 180 days of the effective date of this section. Section 3. That Section 3-39, Annexations, of Chapter 3 — Administrative Procedures, Land Use Regulations, City of Crestview, Florida, is hereby amended to read as follows: Chapter 3 — Administrative Procedures Sec. 3-39. — Annexations (c) Review Criteria. Proposed annexations shall be reviewed in accordance with the requirements of Chapter 171, Florida Statutes. 1. A development order and review is required to determine available capacity for any city facility or utility. Annexation does not guarantee available capacity. Section 4. 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 5. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 6. EFFECTIVE DATE. This ordinance shall become effective immediately upon adoption. PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA ON THE ((`) t1 DAY OF atA, , 2020. ATTEST: &ETH M. ROY City Clerk APPROVED BY ME THIS L 0 711 DAY OF , 2020. . WHITTEN Mayor PRO. 81 of 202