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HomeMy Public PortalAbout08082022 City Council Regular Meeting Agenda PacketONE CITY ONE MISSION CITY OF CRESTVIEW CITY COUNCIL REGULAR MEETING AGENDA August 8, 2022 6:00 p.m. Council Chambers The Public is invited to view meetings on the City of Crestview Live stream at https://www.cityofcrestview.org or the City of Crestview Facebook Page. You may submit questions on any agenda item in advance (by 3:00 p.m. the day of the meeting) to cityclerk@cityofcrestview.org. 1. Ca11 to Order 2. Invocation, Pledge of Allegiance 2.1. Pastor Edward Parker of First Church of God In Christ 3. Open Policy Making and Legislative Session 4. Approve Agenda 5. Presentations and Reports 5.1. Recognition for years of service 5.2. Girl Scout Troop 1318 - Request to Waiver Rental Fee 6. Consent Agenda 6.1. Head Start Lease Renewal 6.2. Approval of June 27, 2022 City Council minutes 6.3. Shot in Focus Photography Studio Continuing Services Contract 6.4. Employee Benefits Renewal 6.5. Task Order - Vineyard Village Site Design 6.6. Emergency Purchase of Top Tracer Range Net Extension 6.7. Blackwater Lift Station Change Order 6.8. 2022 Street Restriping 6.9. 2022 Sewer Root Control Contract 6.10. Pothole Asphalt Recycler and Hotbox Trailer Replacement 6.11. Change order for the Bush House Renovations Page 1 of 719 6.12. East/West Connector Agreement - ROW Donation 6.13. Senior Activity Center Facility Use - MOA Renewal - State of Florida Department of Health 7. Public Hearings / Ordinances on Second Reading 8. Ordinances on First Reading 8.1. Ordinance 1882 - Export Road Annexation 8.2. Ordinance 1883 8.3. Ordinance 1884 8.4. Ordinance 1885 8.5. Ordinance 1886 8.6. Ordinance 1887 8.7. Ordinance 1888 8.8. Ordinance 1889 8.9. Ordinance 1890 - Export Road Comprehensive Plan Amendment - Export Road Rezoning - Airport Road Annexation - Airport Road Comprehensive Plan Amendment - Airport Road Rezoning - Brookmeade Drive Annexation - Brookmeade Drive Comprehensive Plan Amendment - Brookmeade Drive Rezoning 8.10. Ordinance 1891 - Land Development Code Amendment 8.11. Ordinance 1892 - Chapter 2, Article III - Nuisance Abatement and Planning Board Revisions Amendment 8.12. Ordinance 1893 - Chapter 18 - Businesses - Amendments 9. Resolutions 9.1. 2022-2023 CDBG Annual Action Plan 9.2. Annexation Fee Moratorium Extension 10. Action Items 10.1. Final Plat - Shoal River Landing Phase 2B 10.2. Final Plat - Ridgeway Landing Phase 2 11. City Clerk Report 11.1. Update on new Public Records Portal Launch and Municode Codification 12. City Manager Report 13. Comments from the Mayor and Council 14. Comments from the Audience Page 2 of 719 15. Adjournment The Presentations section is for items that were submitted by a citizen or group of Citizens no later than the Wednesday two weeks prior to the meeting to the Clerk's office for approval. These items will be scheduled under the section titles Presentations and Reports. Supporting documents must be submitted at this time to be on the regular agenda. All Action Items are for staff and elected officials only and must be submitted for approval no later than the Wednesday 10 days prior to the meeting. Those not listed on the regular agenda who wish to address the council should fill out a yellow card. The card must be submitted to the City Clerk. Speaking time should be three minutes or less, large groups may designate a spokesperson. All remarks should be addressed to the Council as a whole and not to individual members. All meeting procedures are outlined in the Meeting Rules and Procedures brochure available outside the Chambers. Florida Statute 286.0105. Notices of meetings and hearings must advise that a record is required to appeal. Each board, commission, or agency of this state or of any political subdivision thereof shall include in the notice of any meeting or hearing, if notice of the meeting or hearing is required, of such board, commission, or agency, conspicuously on such notice, the advice that, if a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The requirements of this section do not apply to the notice provided in s. 200.065(3). In accordance with Section 286.26, F.S., persons with disabilities needing special accommodations, please contact Maryanne Schrader, City Clerk at cityclerk@a,cityofcrestview.org or 850- 628-1560 option 2 within 48 hours of the scheduled meeting. Any invocation that is offered before the official start of the City Council meeting shall be the voluntary offering of a private person, to and for the benefit of the City Council. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the City Council or the city staff, and the City is not allowed by law to endorse the religious beliefs or views of this, or any other speaker. Persons in attendance at the City Council meeting are invited to stand during the opening invocation and Pledge of Allegiance. However, such invitation shall not be construed as a demand, order, or any other type of command. No person in attendance at the meeting shall be required to participate in any opening invocation that is offered. A person may exit the City Council Chambers and return upon completion of the opening invocation if a person does not wish to participate in or witness the opening invocation. Page 3 of 719 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Presentation Item # 51. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Tim Bolduc, City Manager 8/3/2022 Recognition for years of service BACKGROUND: Mr. Steele first started with the City of Crestview in 1994 as a mechanic in the Public Works Department. He was promoted to supervisor of Utilities in 1998 and then to Assistant Director of Public Services in 2002. In December 2007 Mr. Steele was selected as the Public Works Director. DISCUSSION: Mr. Steele has been a devoted public servant for over 24 years. He retired July 1st 2022. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT None RECOMMENDED ACTION None Attachments None Page 4 of 719 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Action Item Item # 5.2. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney J.B. Whitten, Mayor 8/1/2022 Girl Scout Troop 1318 - Request to Waiver Rental Fee BACKGROUND: Seralyn and Maria of Girl Scout Troop 1318 are working on their Silver and Bronze Awards. As representatives of Troop 1318, they have asked for the City Council to waive the fees for the rental of the facility. DISCUSSION: Girl Scout Troop 1318 is holding an event on September 17, 2022 at the Old Spanish Trail Facility. The troops have asked the City Council to waive the fees associated with the rental. The City Council has the authority to waive this fee and has done so for youth -related activities in the past. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview Page 5 of 719 FINANCIAL IMPACT The City Council has established fees for the use of recreation facilities. City Council may choose to waive these fees when it is determined to be in the best interest of the community. RECOMMENDED ACTION Request a motion to waive the rental fee for the September 17, 2022 event. Attachments 1. Girl Scouts Aplc for Waiver at Council Mfg Page 6 of 719 Seralyn — Our Troop is working on our Silver and Bronze Awards. Maria — Our Silver award idea is to have a big community safety event for the public, and help our troop finish all the rest of the awards at the same time. Seralyn —The first part of the safety event will be to invite all our first responders. We'd like to get representatives and their respective trucks out there to show to the public. These will include: • EMS • Fire • Police • Sherriff • K9 Units • SWAT • Road Ranger • Tow Truck • Med Flight • Florida Power and Light • Chelco • Okaloosa Gas • The Ham Radio Club Maria — We don't just want North Okaloosa to be there, but are hoping to invite our neighbors as well. • Holt • Baker • Blackman • Dorcas • Laurel Hill • Almarant We will have booth locations for each First Responder and Award Project, as well as a few other things. Seralyn — One of our Girl Scout Bronze Award booths will be paired with the Emerald Coast Zoo and Wildlife Preserve. They're building bat houses and bird houses to donate to the zoo and will be doing a supply drive to help gather resources for the zoo. The second Bronze Award booth will not really be a booth. They want to host a pet adoption day and give out special pet boxes to those who fill out applications for the possible adoption of a pet. Maria — We also have 4 more Silver Awards being earned. One of those booths will be doing a drive for gently used backpacks and necessary supplies to gift to children being removed from their homes and placed in foster care. They will be teaming up with DCF to make sure they get what is needed, and we're hoping a representative from DCF will come out and possibly talk to people about becoming a foster parent. Seralvn - We do have a similar second project, but they'll be at a different booth. They would like to do a drive to get donations of toys, books, etc. to donate to one of Crestview's group homes, or homeless shelters. They will be getting with people who work with both and see what is needed and try to get anything they can to help out children in these situations. The last silver project being earned is with some of the girls creating a water safety coloring book for our community. They are designing the illustrations and writing it and we'll be publishing copies to hand out at our event. There will also Page7of719 CITY OF CRESTVIEW CITY FACILITIES APPLICATION FOR USE Date of Application 7/17122 Date(s) of Use9/17/22 Use Community event Facility Requested Spanish Trail Hours: Arrival Day 17 AM Arrival Day 2 NA Departure Day 1 (Total scheduled time must include set up and take down. This is the responsibility of the Lessee) Contact Person Christy Welch Email cwelch0115@gmailcom Departure Day 14 PM Organization -Girl Scout troop 1318 Mailing Address 236 Grand Prix Dr City Crestview Phone No.850-259-3436 Alternative Contact No. State FL Zip 32536 Expected attendance at Event200 Type of Decorations booths Will Food be served?Yes If yes, Are you using a caterer? food trucks Company name of Caterer (insurance certificate required) Will Alcohol be served? (Extra Deposit required, May require Security) No Equipment needed (Warriors Hall, Community Center only) Please indicate the number needed of each item. round tables Rectangle Tables Chairs Other equipment needed (yes/no) In House sound system TV Podium Attendant needed? Arrival Time: Departure time Before application is approved, deposit must be paid lease agreement must be signed, and Policy/Regulations sheet must be read and initialed) 711.7`122 Signature of Applicant Date ***************************************************************************** Please do not write below. Staff use only: Deposit Paid Policy/Regulations form Initialed Lease agreement Signed Insurance certificates received (if required) Fee computation sheet attached: Application sent to Public Works Assigned Attendant: Hours Worked Facility inspected by Refund Deposit? Page 8 of 719 City of Crestview Facility Use Policy (PLEASE INITIAL EACH PAGE) Definitions: L"ir�J Facilities: include all City of Crestview owned facilities that are available to the public for use. Deposits/rental/reservation fees will be charged unless otherwise noted. :cation: Standard form to be used for all City Facility rentals Fee_ Monies used torent/reserve City facilities as approved by the Crestview City Council on April 22, 2013 +Calendar ,The City of Crestview maintains a Calendar of events that have met the requirements of application and lease agreement Authorized Groups: City Sponsored Activities: • Activities, which are planned, promoted, staffed, scheduled, and implemented by City staff. These activities shall have first priority of use. • Organizations that have a contractual agreement with the City and are scheduled and promoted by the City. • Organizations may be required to have certificate of insurance. Non-profit Service Organizations • Youth or adult groups that provide services for City of Crestview residents. • A non-profit organization is required to provide a "Letter of Determination" from the IRS that indicates non-profit status. • May require certificate of insurance • Fees shall be charged for staffing, rental, and shelters. See Fee Schedule. Churches • Church use for cultural or activity purposes open to the public. • Certificate of Insurance required for all church -related activities. • Fees sha 11 be charged for staffing, rental. and. shelters. See. Fee Schedule Commercial • All commercial groups or other individuals using facilities for commercial. purposes. • Fees shall be charged for staffing, rentals, and shelters. See Fee Schedule. • All commercial lessees and vendors associated with a scheduled event are required to famish a Certificate of Liability Insurance for a minimum of $1,000,000 naming the City of Crestview as a certificate holder, prior to approval. Private Group or Individual. Individuals/f"•n;1y groups using facilities for birthday parties, weddings, showers, etc. • Catered events will require a Certificate of Insurance for $1,000,000 from the Caterer. Tlie Certificate of Insuran ce shall name the City of Crestview as a crrttficate holder a contain a 'oriel descritttion ofthe t► armed e=vent, priarto ar�nxaval of the anolicatioil, • All commercial Lessees and vendors associated with a scheduled event are required to furnash a Certificate of Liability Insurance for a minimum of $1,000,000 prig the City of Crestview as a certificate holder, prior to approval • Fees shall be charged for staffm& =Ws, Incl. shelters, See Fee Schedule, 64, Initial: l have read the above intnrmation Panpgof71q POLICY City owned and maintained community centers, gymnasiums, and outdoor athletic facilities (City Facilities) will generally be made available for worthwhile community, educational, recreational, civic, and cultural activities. • The use of facilities by all Authorized Groups must be reviewed and approved by the City of Crestview. • Use of facilities by any organization shall comply with federal, state, and county laws and regulations, including licensing requirements • No event, meeting, or entertainment may be held for the purpose of advancing any doctrine or theory subversive to the United States of America • Lease times are between 8:00 am and 10:00 pm (unless special arrangements are made, additional Fees may apply, see the Lease Fees page for more details.) Cleanup must be done by the end of the reserved tone slot. Garbage should be placed in dumpstcr, the building secured and vacated by the end of reserved time slot. • Under Federal Law, smoking is prohibited in the building. Smoking must be done outside and at least 10 feet away from the building and any entrance to the building Warriors Hall Only: .Sound Chcc�s. loud music the Flall be rein the hours of X aw and S % ofCs�stvrew�+e,�� s e a 1rt to deee�m�rie�hatis dismj to the condo ofCity business. RESERVATIONS:. • Use of City Facilities is by Reservation only. Reservations must be made between the hours of 9 a.m. and 4 p.m., Monday through Thursday. Reservations must be made in person or by calling 850-682-1560 ext. 239. • Reservations may be made up to 12 months in advance. Authorized Groups wishing to use City Facilities must fill out the required paperwork with the City, and pay the required deposit before the date is secured on the Calendar. • The deposit determined by Staff will hold reservation until all fees are collected. All fees for an event are due no later than 2 weeks prior to the event. • If a scheduled event is cancelled, the City Facilities staff should be notified immediately. The Staff must be notified at least 72 hours prior to an event to receive full refund. Notifications received less than 72 hours will be accessed a 10% cancellation fee. • No organization may sponsor any other organization for the purpose of changing the classification or fee schedule • There are a limited number of tablesfchairs available for each facility. These are NOT guaranteed numbers. Prior bookings may reduce the number of tables and chars available Community Center: 17 - 6 ft tables (rectangle) 20 - 8 ft tables (rectangle) 30 - 6 ft round tables 25 - Padded Chairs 650- Plastic Chairs Warriors Hall 4 - 8 0. tables (rectangle) 4 - 6 ft tables (rectangle) 20 - 5 fi Round Tables 200 - Plastic Chairs Initial: !have read the above information Page 1nnf71g CITY RES P ON S I BILTTY • The Department of Public Services, Division of Leisure Services is responsible for g proper use and scheduling of City owned gymnasiums, community centers, and outdoor athletic facilities. Building and field usage shall be administered through the use of an approved Facility Use Application. • Every effort will be made to provide fair distribution of facilities to all. The City of Crestview shall maintain a master schedule far use of facilities and endeavor to provide an equitable, fair distribution of the facility to outside users. The City of Crestview reserves the right to refuse the use of any of these Facilities. • City of Crestview personnel on official business shall have access to the Facilities at all times. LESSEE RESPONSIBILITTES • Lessee is responsible for the set up and take down of chairs, tables, and other amenities for use by lessee, under the direction of the City. Decorations should not cause damage to any part of the facility. If decorations need to be hung from ceiling, City staff must hang and remove these decorations (prior approval by the Public Services Director must be obtained before application is approved). • The Lessee, if required by the City, shall obtain Security personnel for the event. The City will require the number of Security personnel needed The Lessee shall pay the necessary cost for the Security service. Security personnel shall be certified law enforcement officers with arresting powers. The names of the security personnel working the event shall be provided to the City of Crestview Facility Rental office prior to the event. • The Lessee shall not damage or allow to be damaged the said premises or any fixture or personal property located therein. In the event of any damage thereto, the Lessee shall promptly restore the premises or property to its original state of repair, or pay the City of Crestview for such damages. Any missing property or furnishings, such as, but not limited to , TV and player, tables and chairs, sound equipment, speaker stands, or podium, incidental to rental will be replaced or paid for by the Lessee to the satisfaction of the City of Crestview. No deposits will be returned until this occurs. The person sivning the application assumes full responsibility that no damage will occur. Damage deposits will be processed upon inspection by the Public Services department, and may take up to 3 weeks to process. • While decorating, the Lessee shall not drive nails, tacks, pins, any other object or place tape on the floor, wall, ceiling, doors, woodwork or any other parts of said premises. • The Lessee will promptly remove all decorations. The prompt removal of all decorations must be done prior to the end of the reserved time slot, on the day the facility is used. Arrangements must be made in advance with suppliers for all equipment to be picked up on the day of the event. Rental companies ittkiy pick up rental items at night for additional fee, and this will need to be coordinated with the facility staff • Lease times are between 8:00 am and 10:00 pm (unless special arrangements are made) additional Fees may apply, see the Lease Fees page for more details. Cleanup must be done by the end of the reserved time slot. Garbage should be placed in dumpstcr, the building secured and vacated by the end of reserved time slot. Initial: I have read the above Information Page 11 of 719 vFRWS'iar c IVITIES • Approved community activiti m es may include, but are not limited to: classes, concerts, dramas, book festivals, art festivals, dances, parties, meeting of organizations, athletic/recreational games, contests, sports, and activities. • Activities that do not fall into the above categories and appear to be of questionable nature or games of chance shall be referred to the Public Services Director. • There shall be NO COOKING inside of City buildings. No cooking under pavilion covers TIME LIMITS • A two-hour minimum is required for all facility use • Facility usage shall not exceed the time limit on the Facility Use Application. Fees for time used over the reserved time will be deducted from deposit. Refunds will not be given if time used is less than reserved time. SCHEDULING USE • The City of Crestview shall maintain the master schedule of each facility and shall not schedule conflicting events within the facility. TJAIITT,ITY RESPONSTRn ITY • With the exception of City of Crestview organizations, each applicant must agree to assume full responsibility for and hold the City of Crestview and its agents. servants, and employees harmless from any legal liability, injury, or damage to the person or property of others in connection with the use of City facilities or property. . A Hold harness/ indemnity agreement must be signed as a part of the lease agreement. • Groups requesting the use of facilities may be required to have liability insurance. If required, applicant is required to carry a minimum of $ 1,000,000 in liability insurance coverage for all activities. Groups may not be permitted to use facilites without the Certificate of Liability insurance. The Certificate of Insurance shall name the City of Crestview as an additional Insured/certificate holder. PAYMENT OF FEES • Mal, supervision, and custodial fees may be charged. Fees for supervision, custodial, and other personnel are average costs to reimburse the City for services rendered and are not an hourly wage for that employee. These fees normally will be a part of the overall fees charged. SUPERVISION • All building rentals must have a Facility Attendant who is employed and assigned by the City of Crestview. No programs shall operate unless a Facility Attendant is present • The Facility Attendant is responsible for unlocking and locking doors/gates lights and HVAC systems, and generally supervising building usage. The Facility is not responsible for clean-up following the event. DAMAGES TO FACITLIY/EOUIPMENT • Before and after facility use, the facility must be i Attendant on duty. Damages occurring during use mustebelied in writing. d by the usei and the Facility • Damage to City property caused by the applicant or hisfher the applicant. Claims for damages group is the responsibility of Services for restitution within 4 presented to the user by the Department of Public (5) g days. Initial: I have read the above Information Page 12of719 — ..,c vFN13035 . Outside vendors may be permitted with permission from the City of Crestview. The vendor may be required to obtain a Business Tax Receipt from the City of Crestview. A Certificate ofInsaaratlee shall he required, in the amount of. $1,000,000, naming' the City of Crestview as an additional insured, prior to the event. SI S • Temporary identification signs may be placed within the facility borders while the facility is being used. User must remove all signs at the end of the activity. Signs may not be attached to any City owned facilities if such placement causes damage. ANDI iLS • Animals are not allowed in indoor facilities, except for service dogs and police rescue dogs. • All other animals must be kept on a leash at outdoor facilities, and the caretaker is responsible for clean-up. PARKING • Parking on facility grounds shall be confined to approved parking areas only. ALCOHOL USE ALCOHOLIC BEVERAGES: City of Crestview Code of Ordinance 1469: No alcoholic beverages of any kind shall be sold, consumed, served or permitted to be served or consumed in any city facility or on any city property except with an approved special event permit and when holding a license under the division of alcoholic beverages and tobacco of the department of business and professional regulation. a. The following guidelines shall be used by the city division of parks and recreation in issuing any and alt permits that include a request for the consumption of alcohol in city parks, buildings, and outdoor areas: 1. Public buildings: A. Private parties/commercial groups: Individuals and groups requesting the use of public facilities for private parties can serve (but not sell) alcohol at approved functions. Approval shall be subject to all of the terms and conditions of our special event policies. B. Non-profit organizations: Officially registered non-profit organizations requesting the use of public facilities can sell and serve alcohol at approved functions. Subject to the issuance of a state alcoholic beverage license, the city division of parks and recreation may approve special events thaat include the consumption and sale of alcoholic beverages in public facilities subject to all of the terms and conditions of our special event policies. C. City functions: Officially sponsored city functions are subject to the same terms and conditions as listed for non-profit organizations. D. Approved locations: Subject to review and approval, the facilities listed below are approved for events that rnav include the consumption or sale (subject to state approval) of alcohol: Crestview Community Center. Warriors Hall Auditorium. Old Spanish Trail Park facilities. Page 13of719 2. Outdoor areas: A commercial groups: Shall be prohibited from applying for the use of any outdoor facility or park that would include the consumption or sale of alcohol. a. Non-profit organization: Officially registered non-profit organizations (strictly for private, noncommercial functions) may apply to the city division of parks and recreation for the use of any outdoor area listed below for any event that includes the consumption or the sale of alcohol. Application for this use shall be made as part of a special event permit application which shall be subject to review and approval by the division of parks and recreation and the city police department. Users must meet security staff requirements as defined by the city police department. C. City functions: Officially sponsored city functions are subject to the same terms and conditions as fisted for non-profit organizations. D. Approved locations: Subject to review and approval, the outdoor areas listed below are approved for events that may include the consumption or sale (subject to state approval) of alcohol: Crestview Community Center grounds. Old Spanish Trail Park (not to include city recreational scheduled events/seasons). 3. Special conditions: A. Note: Non-profit organizations: Shall be defined as officially registered non-profit organizations with a non-profit identification number. S. All applicants are subject to the terms and conditions listed in applicable special event policies and ordinances, including fees and insurance requirements. User must provide an insurance certificate listing liquor liability and naming the city as an additional insured. The user must pay a damage deposit commensurate with the proposed use. C. All applicants are subject to regulations and must comply with all requirements from the division of alcoholic beverages and tobacco of the department of business and professional regulation. D. Ali applicants agree to be fully responsible for ensuring that event participants and organizers are not served excessive amounts of aicohoi and do not endanger themselves. All applicants must define a method of control for location of sale, quantity of sale to individuals, and prohibiting individuals from bringing alcoholic beverages into the event. E. All applicants agree to be fully responsible for ensuring that no person ' finder the age °f_2 can purchase or consume alcohol beverages at the event. _� initial: I have read the above information i Page 14 o, CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Action Item Item # 61. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Tim Bolduc, City Manager 8/1/2022 Head Start Lease Renewal BACKGROUND: Recently, the operator of the Headstart facility located on property owned by the City of Crestview changed. The new company is asking for a new lease between the City and the company. DISCUSSION: The City attorney and the City manager worked with the community development institute to develop the attached lease. Staff is recommending approval of the lease as submitted. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT There is no financial impact on this item. Page 15 of 719 RECOMMENDED ACTION Staff respectfully requests approval of the lease as submitted. Attachments 1. OkaloosaCounty_Edney_LandLease-draft 4-22-22 JTH-mle-clean (003) Page 16 of 719 COMMUNITY DEVELOPMENT INSTITUTE HEAD START HEAD START SERVING OKALOOSA COUNTY, FL LAND LEASE AGREEMENT THIS LEASE is entered into by City of Crestview, Florida ("Landlord") and Community Development Institute Head Start, a C olorado nonprofit corporation ( "CDI HS") serving Okaloosa County, FL . The parties agree as follows: CDI HS AS INTERIM GRANTEE Landlord and CDI HS acknowledge that CDI HS is operating a Head Start/Early Head Start program in the local community as an interim grantee . This Lease is intended to allow CDI HS to lease property necessary for operation of the local Head Start/Early Head Start program, with the understanding that the obligations of CDI HS with respect to this Lease and the Premises (defined below) will end when CDI HS is no longer funded as the inte rim grantee for the local Head Start/Early Head Start program. 1. PREMISES Landlord leases to CDI HS and CDI HS leases from Landlord, upon all of the terms and conditions hereof, land located at: Lots 11 and 12, Block 8, Ferdon Heights Subdivision , Okaloosa County, Florida 2. TERM a. The term of this Lease shall begin on September 1, 2021, which is the date the Agreement becomes effective, even if it is signed at a later date , and shall continue, unless sooner terminated o r extended as herein provided, until July 31, 2026. b. Early Termination by Tenant. Notwithstanding anything to the contrary contained herein, CDI HS shall have the right to terminate this Lease by giving Landlord 30 days' written notice at any time during the term of this Lease. Upon such termination of this Lease, CDI HS shall have no further obligations or responsibilities under this Lease or relating to the Premises, and Landlord shall be deemed to have released CDI HS from any such further obligations or responsibilities without the need for further action on the part of Landlord or CDI HS. c. Early Termination by Landlord. Notwithstanding anything to the contrary contained herein, Landlord shall have the right to terminate this Lease by giving CDI HS 180 days' written notice at any time during the term of this Lease. Upon such termination of this Lease, Landlord shall have no further obligations or responsibilities under this Lease or relating to the Premises, and CDI HS shall be deemed to have released Landlord from any such further obligations or responsibilities without the need for further action on the part of Landlord or CDI HS. Page 17 of 719 3. RENT CDI HS agrees to pay, and Landlord agrees to accept, as rent for the Premises , the sum of One Dollar ($1) per year. 4. PROPERTY TAXE3andlord shall be responsible for and shall pay when due all real estate taxes and special assessments which at any time during the term hereof may be assessed, levied, imposed upon or become due and payable with respect to the Premises. 5. COSTS AND UTILITIES. a. Paid by CDI HS : In addition to the monthly rent set out in Paragraph 4, CDI HS shall be responsible for direct payment of the following costs: All b. Paid by Landlord : The Landlord shall be responsible for direct payment of the following costs, which are included in the monthly rent set out in Paragraph 4: None 6. DEPOSIT:No Deposit required 7. USE OF REMISES CDI HS shall use and occupy the Premises only for the purpose of providing Head Start/Early Head Start services, and directly related activities, and for no other purpose. 8. CONDITION OF RREMISESCDI HS accepts the leased premises in their present, as - is condition. 9. INSURANCE a. CDI HS's Insurance . CDI HS shall, at its expense, at all times maintain: 1. Insurance with respect to CDI HS's property , if any, equipment, machinery, and personal property against loss or damage by fire, lightning, windstorm, tornado, hail and other risks as are customarily covered by extended coverage; and 2. Commercial general liability insurance against claims for death and bodily injury arising on or about the Premises, with a limit of not less than $ 1,000,000 per occurrence, $3,000,000 in the aggregate. b. General . Within ten (10) days after the execution of this Lease, and prior to the expiration of each policy, each party shall furnish to the other a certificate of insurance evidencing the coverage required hereunder and upon request shall furnish a copy of any policy required hereunder. 1Q DAMAGE OR DESTRUCTION OF PREMISffiSthe event the Premises are damaged or destroyed by fire or other casualty to the extent that a substantial part of the Premises are rendered substantially unten anta ble , CDI HS may terminate this Lease by written notice to Landlord given within 30 days after such damage or destruction. If CDI HS does not give such notice to terminate, then Landlord may, at its opti on, immediately terminate this Lease or elect to restore the Premises to a condition at least as good as exists on the Page 2 of 1 Page 18 of 719 date hereof, and rent shall abate hereunder from the date the Premises are rendered un ten ant able until the date the Premises are restored to ten ant ability. 11 DEFAULT: a. By CDI HS: In the event that CDI HS defaults in the performance of any obligation under this Lease , including abandonment of the Premises , Landlord shall provide CDI HS with written notice of the default. If the default in performance by CDI HS is not cured within thirty (30) days after receipt of notice of default from Landlord , CDI HS shall vacate the Premises and return it to Landlord within the same thirty (30) day period. Subject to Paragraph 3(b) and the duty of Landlord to mitigate damages, Landlord shall retain the right to compensation for all amounts due and owed by CDI HS to Landlord under this Lease if Landlord re -takes possession of the Premises due to non - performance of this Lease by CDI HS. b. By Landlord : In the event that Landlord defaults in the performance of any obligation under this Lease , CDI HS shall provide Landlord with written notice of the default. In the event that the default is not cured within thirty (30) days, CDI HS may at its sole discretion immediately terminate this Lease by notice to Landlord, in which event CDI HS shall have no further obligations hereunder 12. ASSIGNMENTCDI HS shall not assign the Lease or sublet all or any part of the Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. B. NOTICE: Formal notice under this agreement shall be given in writing to the addresses listed be low. It is effective on the date of delivery. If notice is by US mail, delivery is presumed to be completed three (3) days after the date upon which notice was mailed. Informal communication may be by e - mail, phone call, or in - person. If to Landlord: City Manager 198 North Wilson Street Crestview, Florida 32536 If to CDI HS: CDI HS Serving Okaloosa County, FL PO Box 838 Shalimar, FL 32579 With Copy to: NIC Project Director CDI Head Start 10065 E. Harvard Avenue, Suite 700 Denver, CO 80231 14. LANDLORD WARRANTIESs of the date of execution of this Lease, Landlord represents and warrants to Tenant the following: 1) Landlord is the fee simple owner of and has access right s to the Premises; 2) Landlord has the right to make this Lease and perform the obligations herein ; and 3) Tenant's intended use and occupancy of the Premises complies with all zoning laws and ordinances affecting the Premises Page 3 of 1 Page 19 of 719 15. MISCELLANEOUS. a. Severabil ity; Amendment; Binding Effect; Etc. If any term of this Lease or any application thereof shall be invalid or unenforceable, the remainder of this Lease and any other application of such term shall not be affected thereby. This Lease contains the entire agreement of the parties, and neithe r party is relying upon any representation not contained herein. This Lease may be amended only by an instrument in writing signed by the Landlord and CDI HS. This Lease shall be binding upon and inure to the benefit of and be enforceable by the respect ive successors and assigns of the parties hereto. The headings of this Lease are for purposes of reference only and shall not limit or define the meaning hereof. b. Option to Renew . Landlord grants CDI HS the option, exercisable by written notice to Lan dlord at least 30 days prior to the expiration of the initial term of this Lease, to renew this Lease for an additional five -year term immediately following the end of such initial term. All provisions of this Lease shall be applicable to any such renewal term, and CDI HS shall have the right to terminate this Lease on 30 days written notice to Landlord, at any time during such exten ded term, with or without cause , and, upon such termination, CDI HS shall have no further obligations to Landlord under the L ease or relating to the Premises. c. Holding Over . If CDI HS holds over after the expiration of the term of this Lease, or any extended term, if applicable, without written agreement providing otherwise, then shall be deemed to be a tenant from m onth to month, at a monthly rent equal to the last monthly rent payable under this Lease, and subject to all of the other provisions and conditions of this Lease. CDI HS d. Release of Information . Landlord hereby authorizes CDI HS to release information regarding (including without limitation, full reports and results) any and all environmental testing completed with regard to the Premises (including without limitation, lead, asbestos, and radon testing) as directed by the Department of Health and Human Services (DHHS)/the Office of Head Start (OHS). e. Upon the expiration or earlier termination of this Lease, CDI HS shall remove its personal property and trade fixtures from the Premises and surrender the Premises in as good condition as recei ved, reasonable wear and tear excepted, free from debris and broom clean. (rest of page intentionally /eft blank) Page 4 of 1 Page 20 of 719 IN WITNESS WHEREOF, the undersigned have executed this Lease effective as of the date set forth above. LANDLORD: CDI HS: COMMUNITY DEVELOPMENT INSTITUTE a HEAD START, a Colorado nonprofit corporation Taxpayer ID #: 841548541 Taxpayer ID #: Signature : Title : Printed Name : Signature: Title: Printed Name: Address: PO Box 838 Address: Shalimar, FL 32579 DATE: DATE: Page 5 of 1 Page 21 of 719 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Action Item Item # 6.2. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Maryanne Schrader 7/8/2022 Approval of June 27, 2022 City Council minutes BACKGROUND: Draft minutes were sent prior to the meeting. DISCUSSION: Routine approval of prior City Council minutes. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT n/a RECOMMENDED ACTION Page 22 of 719 Request a motion to approve the minutes of June 27, 2022. Attachments 1. 06272022 City Council Minutes Draft Page 23 of 719 City Council Minutes - Draft June 27, 2022 6:00 p.m. Council Chambers 1. Call to Order The Regular Meeting of the Crestview City Council was called to order at 6:00 p.m. by Mayor JB Whitten. Board members present: Mayor Pro Tem Andrew Rencich, Council members: Doug Capps, Cynthia Brown, and Joe Blocker. Also present: City Manager Tim Bolduc, City Clerk Maryanne Schrader, City Attorney Jonathan Holloway, and various staff members. Council member Shannon Hayes was excused. 2. Invocation, Pledge of Allegiance 2.1. Pastor Jeff Childers, the Shepherd's Church The Invocation and Pledge of Allegiance was led by Pastor Jeff Childers of the Shepherd's Church. 3. Open Policy Making and Legislative Session Mayor JB Whitten went over the rules of procedure and noted there was a quorum. 4. Approve Agenda Mayor JB Whitten called for action. Motion by Council member Andrew Rencich and seconded by Council member Joe Blocker to approve the agenda, as presented. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps. All ayes. Motion carried. 5. Presentations and Reports Mayor JB Whitten called Chief McCosker forward to recognize the award recipients. Chief McCosker called Officer Tyler Dean forward who was recognized as the Officer of the Quarter. He mentioned Officer Dean is a second -generation police officer, as well as the K-9 trainer. Mayor JB Whitten stated he is proud of the Crestview Police Department highlighting their teamwork. Mayor Whitten called Hannah Wilburn, All In Credit Union, forward. She recognized the Employee of the Quarter, Officer Tyler Culbertson. Hannah congratulated Officer Culbertson for the "Strongest Link" award with a $100 check in appreciation of his work. Mayor Whitten called Mary Henderson, from Utility Billing, forward to receive her award and thanked her for what she does in contributing to the success of the community. 11 Page Page 24 of 719 6. Consent Agenda Mayor JB Whitten called for action. Motion by Council member Cynthia Brown and seconded by Council member Joe Blocker to approve the Consent Agenda, as presented. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps Ayes: None Nays: All ayes. Motion carried. 6.1. Approval of May 23, 2022 City Council minutes 6.2. Approval of June 13, 2022 City Council Minutes 6.3. Budget Amendment A Resolution of the City of Crestview, Florida, amending the CRA Budget for Fiscal Year 2022 to better reflect Revenues and Expenditures, and Providing for an Effective Date. 6.4. Purchase of three zero turn mowers through State Contract from Crestview Ready Rent & Sales 6.5. Purchase of Slope Mowers through State Sheriffs Association Contract 7. Public Hearings / Ordinances on Second Reading 7.1. Ordinance 1875 - John King Road Annexation Senior Planner Nicholas Schwendt introduced Ordinance 1875 - John King Road Annexation. He stated the next three ordinances relate to the John King Road project. The property is zoned mixed use, which is consistent with surrounding property. Senior Planner Nicholas Schwendt asked the City Clerk to read the ordinance. City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance Annexing to the City of Crestview, Florida, ± 0.94 Acres of Contiguous Lands Located In Section 32, 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. Mayor JB Whitten asked for comment from the Council and public and hearing none called for action. Motion by Council member Andrew Rencich and seconded by Council member Douglas Capps to adopt Ordinance 1875 - John King annexation on second reading. Page 1 2 Page 25 of 719 Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps. All ayes. Motion carried. 7.2. Ordinance 1876 - John King Road Comprehensive Plan Amendment Senior Planner Nicholas Schwendt introduced Ordinance 1876 - John King Road Comprehensive Plan Amendment. Senior Planner Nicholas Schwendt asked the City Clerk to read the ordinance. City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance of the City of Crestview, Florida, Amending its Adopted Comprehensive Plan; Providing For Authority; Providing For Findings of Fact; Providing For Purpose; Providing For Changing the Future Land Use Designation From Okaloosa County Mixed Use to Commercial (C) on Approximately 0.94 Acres, More or Less, In Section 32, Township 3 North, Range 23 West; Providing For Future Land Use Map Amendment; 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. Mayor JB Whitten called for comment from the Council and the public. In hearing none, he called for action. Motion by Council member Andrew Rencich and seconded by Council member Cynthia Brown to adopt Ordinance 1876 - John King Road Comprehensive Plan Amendment on second reading. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps. All ayes. Motion carried. 7.3. Ordinance 1877 - John King Road Rezoning City Attorney Jonathan Holloway swore in Senior Planner Nicholas Schwendt for the quasi-judicial segments of the meeting. Senior Planner Nicholas Schwendt introduced Ordinance 1877 - John King Road Rezoning and requested that the staff report be entered into the record - On April 27, 2022, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located on John King Road. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Mixed Use. The application requests the Commercial High -Intensity District (C-2) zoning designation for the property. The Planning and Development Board recommended approval on June 6, 2022, and the first reading was approved by the City Council on June 13, 2022. The subject property is currently vacant, and a development application has not been submitted. Based on the requested land -use and zoning designations, the property could be developed for commercial use. Staff reviewed the request for rezoning and fords the following: The proposed zoning is consistent with the proposed future land use designation; the uses within the requested zoning district are compatible with uses in the adjacent zoning districts; the requested use is not substantially more or less intense than allowable development on adjacent parcels. Courtesy notices were Page 1 3 Page 26 of 719 mailed to property owners within 300 feet of the subject property on May 16, 2022. The property was posted on May 24, 2022. An advertisement ran in the Crestview News Bulletin on May 26 and June 2, 2022. Senior Planner Nicholas Schwendt asked the City Clerk to read the ordinance. City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance of the City of Crestview, Florida, Providing For the Rezoning of 0.94 Acres, More or Less, of Real Property, Located In Section 32, Township 3 North, Range 23 West, From The Okaloosa County Mixed Use Zoning District To The Commercial High -Intensity District (C-2) Zoning District; Providing For Authority; Providing For The Updating Of The Crestview Zoning Map; 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. Mayor JB Whitten called for comment from the Council. Council member C. Brown mentioned she has driven by the area. Mayor JB Whitten called for comment from the public. In hearing none, he called for action. Motion by Council member Joe Blocker and seconded by Council member Douglas Capps to adopt Ordinance 1877 - John King Road Rezoning on second reading. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps. All ayes. Motion carried. 7.4. Ordinance 1878 - Williams Avenue East Annexation Senior Planner Nicholas Schwendt introduced Ordinance 1878 - Williams Avenue East Annexation. He stated the property is located in an unincorporated area. The city will see positive financial impacts. Senior Planner Nicholas Schwendt asked the City Clerk to read the ordinance. City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance Annexing to the City of Crestview, Florida, ± 0.69 Acres of Contiguous Lands Located in Section 21, 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. Page 1 4 Page 27 of 719 Mayor JB Whitten called for comment from the Council and the public. In hearing none, he called for action. Motion Council member Joe Blocker and seconded by Council member Andrew Rencich to adopt Ordinance 1878 - Williams Avenue East Annexation on second reading. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps. All ayes. Motion carried. 7.5. Ordinance 1879 - Williams Avenue East Comprehensive Plan Amendment Senior Planner Nicholas Schwendt introduced Ordinance 1879 - Williams Avenue Comprehensive Plan amendment. Senior Planner Nicholas Schwendt asked the City Clerk to read the ordinance. City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance of the City of Crestview, Florida, Amending Its Adopted Comprehensive Plan; Providing For Authority; Providing For Findings of Fact; Providing For Purpose; Providing For Changing the Future Land Use Designation From Okaloosa County Low Density Residential to Residential (R) on Approximately 0.69 Acres, More Or Less, In Section 21, Township 3 North, Range 23 West; Providing For Future Land Use Map Amendment; 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. Mayor JB Whitten called for comment from the Council and the public. In hearing none, he called for action. Motion by Council member Cynthia Brown and seconded by Council member Douglas Capps to adopt Ordinance 1879 - Williams Avenue East Comprehensive Plan amendment on second reading. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps. All ayes. Motion carried. 7.6. Ordinance 1880 - Williams Avenue East Rezoning Senior Planner Nicholas Schwendt introduced Ordinance 1880 - Williams Avenue East Rezoning and requested that the staff report be entered into the record — On May 17, 2022, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located at 760 Williams Avenue East. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Low Density Residential and Residential -1, respectively. The application requests the Single and Multi -Family Density Dwelling District (R-3) zoning designation for the property. The Planning and Development Board recommended approval on June 6, 2022, and the first reading was approved by the City Council on June 13, 2022. The subject property is currently developed for residential use and a development application has not been submitted. Based on the Page 1 5 Page 28 of 719 requested land -use and zoning designations, the property use will continue as a residence. Staff reviewed the request for rezoning and finds the following: The proposed zoning is consistent with the proposed future land use designation; the uses within the requested zoning district are compatible with uses in the adjacent zoning districts; the requested use is not substantially more or less intense than allowable development on adjacent parcels. Courtesy notices were mailed to property owners within 300 feet of the subject property on May 17, 2022. The property was posted on May 24, 2022. An advertisement ran in the Crestview News Bulletin on May 26 and June 2, 2022. Senior Planner Nicholas Schwendt asked the City Clerk to read the ordinance. City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance of the City of Crestview, Florida, Providing For the Rezoning Of 0.69 Acres, More Or Less, Of Real Property, Located In Section 21, Township 3 North, Range 23 West, From The Okaloosa County Residential -1 Zoning District To The Single And Multi -Family Density Dwelling District (R-3) Zoning District; Providing For Authority; Providing For The Updating Of The Crestview Zoning Map; 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. Mayor JB Whitten called for comment from the Council and the public. In hearing none, he called for action. Motion by Council member Joe Blocker and seconded by Council member Cynthia Brown to adopt Ordinance 1880- Williams Avenue East Rezoning on second reading. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps. All ayes. Motion carried. 7.7. Ordinance 1881 - Robinson Avenue East Vacation Senior Planner Nicholas Schwendt introduced Ordinance 1881— Robinson Avenue East Vacation. He mentioned the alley serves no use to the public, and the city will reserve a non-exclusive perpetual easement to access utilities. Senior Planner Nicholas Schwendt asked the City Clerk to read the ordinance. City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance of the City of Crestview, Florida, Vacating and Abandoning the Alleyway Lying Between Lots 1 Through 3 and 7 Through 9 of Block 12, Edney's Third Addition, As Shown On The Plat Recorded In Plat Book 1, Page 126 of the Public Records of Okaloosa County, Florida; Providing For Update of the Crestview Base, Zoning and Land Use Maps; Providing For Repeal of Conflicting Ordinances; Providing For Filing of This Ordinance with the Clerk of Circuit Court of Okaloosa County; Providing For Severability; and Providing For an Effective Date. Page 1 6 Page 29 of 719 Mayor JB Whitten called for comment from the Council and the public. In hearing none, he called for action. Motion by Council member Joe Blocker and seconded by Council member Andrew Rencich to adopt Ordinance 1881 — Robinson Avenue East Vacation on second reading. Roll Ca11: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps. All ayes. Motion carried. 8. Ordinances on First Reading - Nothing brought forward. 9. Resolutions — Nothing brought forward. 10. Action Items 10.1. Salary - Budget City Manager Tim Bolduc recommend inflationary measures to assist the employees. He has positions throughout the city where the employees are primary providers and having problems making ends meet. He said a panel evaluated our pay and surrounding jurisdictions to ensure we are competitive in the market. Some jurisdictions have made salary amendments, so a hybrid method was chosen to provide $1,000 one-time only check and a 3% increase for staff below the director's level. The details were sent out to Council prior to tonight's meeting. Additionally, we will freeze some spending from now until the end of the year. After discussion, the Council voiced their support, and City Manager T. Bolduc stated Council member Hayes had expressed his support, as well. Discussion ensued regarding the employees selling PTO. City Manager T. Bolduc in concurrence with Finance Director G. Toussaint responded that the city had money in reserves to be able to make the adjustments. Council concurred with allowing employees the option of selling their PTO. City Manager T. Bolduc voiced his appreciation to the Council adding our employees are our greatest assets. 11. Motion by Council member Andrew Rencich and seconded by Council member Douglas Capps to approve and accept staff recommendation for the salary amendment and to allow staff to utilize the PTO reserves. Roll Ca11: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps. All ayes. Motion carried. City Clerk Report - City Clerk M. Schrader reminded Council to submit their Form 1 by July 1st Page 1 7 Page 30 of 719 12. City Manager Report City Manager T. Bolduc updated Council on the Bowers and Field Affordable Housing project stating he would like to acquire the property across the street in the amount of $20,000. He added the house is currently a code enforcement case. The return on investment would be six one -bedroom apartments, adding we have the money in the budget. Motion by Council member Joe Blocker and seconded by Council member Andrew Rencich to approve the City Manager to enter into an agreement to purchase Lot 6 and relocate the residents per staff recommendation. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps. All ayes. Motion carried. 13. Comments from the Mayor and Council Mayor JB Whitten asked for comments from the Council. Council member C. Brown invited all to the 4th of July celebration at Twin Hills Park. Mayor Whitten mentioned that Juneteenth was a great success. We set the example for the rest of the County. He added we swore in two police chaplains - Pastor Josh Neel of Hope City Community Church and Pastor Darlene Haynes-Scheuermann of Kingdom Life Worship and Training Center. 14. Comments from the Audience Mayor JB Whitten asked for comments from the public. No one came forward. 15. Adjournment Mayor JB Whitten adjourned the meeting at 6:42 p.m. Minutes approved this _ day of _, 2022. JB Whitten Mayor Maryanne Schrader City Clerk Proper notice having been duly given Page 1 8 Page 31 of 719 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Action Item Item # 6.3. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Maryanne Schrader, City Clerk 8/1/2022 Shot in Focus Photography Studio Continuing Services Contract BACKGROUND: On May 11, 2020, the City accepted the bid from Shot in Focus Photography Studio for a one-year contract with up to five one-year extensions. DISCUSSION: The current contract expired June 30, 2022. Staff is looking to exercise the year extension. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT The Contractor provides a fee equal to 10% of all Picture Day sales. Contracted rates of services are depicted in Exhibit "A". Page 32 of 719 RECOMMENDED ACTION Staff requests a motion to approve the extension for one year of the Continuing Services Contract with Shot in Focus Photography Studio, as notated in the contract. Attachments 1. Shot in Focus Photography Contract Page 33 of 719 CITY OF CRESTVIEW CONTINUING SERVICES CONTRACT On May 11, 2020, the City Council of the City Of Crestview, Florida, herein referred to as the City, accepted the bid from Shot In Focus Photography Studio, herein referred to as the Contractor, to supply photography services for the City projects. The Contractor's Cost schedule for the terms of their engagement is included in their entirety by reference at Exhibit "A" and as completely as if incorporated herein. TERMS AND CONDITIONS OF CONTRACT FOR THE SERVICES CONTRACT: Photography Services Contract 1. Entire Contract: This Contract represents the entire and integrated Contract between the City and Contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. Provisions of this Contract may be amended only by written instrument approved by the Crestview City Council and signed by the Mayor. 2. Intent of Contract: This contract is for supplying the City with all applicable photography work for the City projects. The Scope of Work, herein referred to as the Work, encompasses the foregoing and all descriptive work components described within "Exhibit A." 3. Term of Contract and Time Extensions: This contract will be in effect for one year(s) beginning June 30, 2022, through June 30, 2023, and is for supply the City with photography services for sports activities and other activities, as requested by the City of Crestview. 4. Time for Performance: The Contractor agrees to provide photography services as required for the satisfactory approval and acceptance by the City. 5. Compensation: All payments upon contract are contingent upon the Contactor's Work being acceptable to the City. For satisfactory completion and acceptance of the Work, the City agrees to pay the Contractor in accordance with the terms of this Contract and the Contractor's Cost Schedule as identified in the Bid/Proposal form submitted by the Contractor, as may have been adjusted at the time of contract approval and incorporated herein. 6. Changes in the Work: The City shall have at the right at any time during the progress of the Work to increase or decrease the Work. Promptly after having been notified of a change, the Contractor shall submit an itemized Page 34 of 719 estimate of any costs and/or time increases or savings it foresees as a result of the change. No additions or changes to the Work shall be made except upon written order of the City and the City shall not be liable to Contractor for any increased compensation without such written order. 7. Insurance: Contractor shall, during the performance of the contract, maintain Worker's Compensation Insurance sufficient to secure benefits of the Florida Workmen's Compensation Law for all employees and any of the work sublet to any vendor or subcontractor, Comprehensive General Liability Insurance as outlined in the Bid Documents, Auto Liability Insurance, Builder's Risk Insurance, all with companies and in the form and amounts acceptable to the City. Said certificates of insurance of contractor are attached hereto and made part hereof by reference. If any part of the Work is sublet, similar insurance shall be provided by and on behalf of any subcontractors. Evidence of Insurance: Contractor shall provide the City Certificates of Insurance naming the City as an additional insured. All binders, policies or certificates of insurance shall provide for at least ten days' notice from insurers to the City of any cancellation or amendment to any of the insurance policies. 8. Indemnification: Contractor shall indemnity, defend and save, and hold the City, its agents, officers and employees, harmless of and from any losses, fines, penalties, costs, damages, claims, demands, suits, and liabilities of any nature, including reasonable attorney's fees (including regulatory and appellate fees), arising out of, because of, or due to any accidents arising in any manner on account of the exercise or attempted exercise of Contractor's rights hereunder whether the same regards person or property of any nature whatsoever, regardless of the apportionment of negligence, unless due to the sole negligence of the City. 9. Licensing: The Contractor shall obtain all permits and maintain at his expense all professional and business certificates and licenses required by law and as necessary to perform services under this Contract. If Contractor performs any Work without obtaining, or contrary to, permits and licenses, Contractor shall bear all costs arising therefrom. The City may waive fees for City controlled permits, but in no instance can the City waive permit requirements or fees beyond their control. 10. Cancellation: This contract may be canceled by the City with a 30 -day written notice or by the Contractor with a 90 - day written notice and is contingent upon the annual appropriation by the City of legally available funds. The City's obligation to pay the amount due hereunder in any fiscal year is contingent upon the appropriation by the City Council of legally available funds for the purpose set forth in this contract. 11. Performance of Work/Responsibilities: The City of Crestview has year-round youth and adult sporting events that require photography services for group, individual, and action photos. Photography services will be requested by the Parks and Recreation Department at the beginning of the end of each season. The vendor will be required to set appointments with the coaches for team photos and be expected to attend various games for action shots which can be sold to the public. The City, may as needed, request other photography services from the contractor. Page 35 of 719 12. Termination for Default The Contract will remain in force for the full period specified and until the City Manager or his designee determines that all requirements and conditions have been satisfactorily met and the City Manager or his designee has accepted the work under the Contract Documents following the initial contract terms and all subsequent contract terms, including warranty and guarantee periods. However, the City Manager will have the right to terminate this Contract sooner if the Contractor has failed to perform satisfactorily the work required or comply with the other requirements of the Contract. In the event the City Manager decides to terminate this Contract for the Contractor's failure to perform satisfactorily or meet its other responsibilities under the Contract, the City Manager will give the Contractor thirty (30) days' notice, to cure the failure to perform or meet other responsibilities under the contract to the satisfaction of the City Manager. Upon Contract termination for the Contractor's failure to provide satisfactory contract performance, the Contractor will be entitled to receive compensation for Contract service satisfactorily performed by the Contractor and allocable to the Contract and accepted by the City Manager or his designee prior to such termination. However, an amount equal to all additional costs required to the expended by the City to complete the Work covered by the Contract, including costs of delay in completing the project, shall be either subtracted from any amount due or amount charged to the Contractor in the event the City Manager terminates the Contract. Except as otherwise directed by the City Manager, in the case of termination for default (in which event the Contractor may be entitled to cure, at the option of the City Manager), the Contractor shall stop work on the date of receipt of the notice or other date specified in the notice, place no further orders or subcontract for materials, services or facilities except as are necessary for the completion of such portion of the work not terminated, and terminate all contractor and subcontracts and settle all outstanding liabilities and claims. In the event that any termination for default shall be found to be improper or invalid by any court of competent jurisdiction, then such termination shall be deemed to be a termination for convenience. 13. Termination for Convenience: The performance of work under this Contract may be terminated by the City Manager in whole or in part whenever the City Manager, at his/her discretion, determines that the termination is in the City's best interest. Any such termination shall be affected by the City Manager giving at least thirty (30) days' notice to the Contractor, specifying the extent to which performance of the work under this Contract is terminated and the date upon which termination becomes effective. As to termination for convenience, after receipt of the date of termination, the Contractor shall stop all work as specified in the notice; place no further orders or subcontract for materials, services, or facilities except as are necessary for the completion of such portion of the Work not terminated; immediately transfer all documentation and paperwork for terminated work to the City; and terminate all contractors and subcontracts and settle all outstanding liabilities and claims. 14. Disclosure: Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift, or other Page 36 of 719 consideration contingent upon or resulting from the award or making of this Contract. 15. Miscellaneous 15.1 Governing Law The parties intend that this Contract and the relationship of the parties shall be governed by the laws of the State of Florida. Venue for any action arising out of this contract shall be in Okaloosa County, Florida, and nowhere else. The Contractor shall indemnify and save harmless the City against all liens and claims of mechanics and materialman furnishing labor and materials in the performance of this Contract. 15.2 Severability If any section, subsection, term or provision of this Contract or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of said section, subsection, term or provision of this Contract or the application of same to parties or circumstances other than those to which it was held invalid or unenforceable, shall not be affected and thereby each remaining section, subsection, term or provision of this Contract shall be valid or enforceable to the fullest extent permitted by law. 15.3 Sovereign Immunity The parties further agree, nothing contained herein is intended nor shall be construed to waiver the City of Crestview's rights and immunities under the Florida Constitution, common law, or Florida Statutes 768.28, as amended from time to time. 15.4 Construction The Parties have participated jointly in the negotiation and drafting of this Contract. In the event an ambiguity or question of intent or interpretation arises, this Contract shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any provision of this Contract. 15.5 Attorney's Fees In any dispute relating to this Contract, each party shall be responsible for their respective attorney's fees and costs. 15.6 Venue and Waiver of Jury Trial The location for settlement of any and all claims, controversies, disputes, arising out of or relating to any part of this Agreement, or any breach hereof, shall be exclusively in Okaloosa County, Florida and nowhere else. The parties further agree that any controversy which may arise under this agreement would involve complicated and difficult factual and legal issues. Therefore, any action brought by one party against the other party, brought by one party, alone or in combination with others against the other party, whether arising out of this agreement or otherwise, shall be determined by a judge sitting without a jury. Page 37 of 719 15.7 Public Records Contractor shall comply with Florida Public Records Laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Crestview in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the City of Crestview would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Crestview all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City of Crestview in a format that is compatible with the information technology systems of the City of Crestview. 15.8 Notices All notices under the Contract shall be in writing and shall be effective when mailed by certified mail, return receipt requested, or when delivered personally, as provided hereafter, or to such other addresses as may be designated by notice: As to the City: Maryanne Schrader City Clerk 198 Wilson Street North Crestview, Florida 32536 As to the Contractor: Shot In Focus Photography Roy Estes, - Owner/Photographer 1505 S. Ferdon Blvd. Ste. B & C Crestview, Florida 32536 IN WITNESS THEREOF, The City hereunto caused these presents to be subscribed and the Contractor has affixed their name and seal, this the day of , 20 CITY OF CRESTVIEW By: JB Whitten Mayor ATTEST: SEAL Maryanne Schrader City Clerk Page 38 of 719 APPROVED AS TO LEGAL FORM: Jon Holloway, City Attorney Shot In Focus Photography Studio, CONTRACTOR By C ( Tatar icy) ! L`s fit's (Printed Name Page 39 of 719 Exhibit "A" Description of Services Contractor will provide all necessary equipment, order forms, signage, and staff required to provide multiple "Picture Days" throughout the year, during each sport season. Contractor will distribute all orders directly to customers via USPS. Contractor shall provide to the City a fee equal to 10% ofall Picture Day sales, within 30 days of receipt of payment from Contractor's customers. Contractor will provide at no cost to the City, one 8x10 plaque per sports team (50% participation required) for either head coaches or team sponsors, to be designated by the City. Additional plaques for coaches, sponsors, assistant coaches, team mom/dads can be purchased at a discount to be provided in writing to the City. Contractor shall provide action shots for the City of Crestview's social media & marketing needs, when scheduled and subject to the availability of Contractor. Contractor shall provide an electronic "Annual Yearbook" or "Year in Review" to the City at no cost, with pictures ofall teams that participate in Picture Days, and any action shots taken during various sports - related events during the same year. At the City's option, the City may sell advertising and/or sponsorships to be included in the electronic Annual Yearbook or Year in Review. The City may negotiate with Contractor separate from this contract for Contractor to print on the City's behalf the Annual Yearbook or Year in Review, or the City may at its election use the electronic version to print the product in-house or using other vendors. Contractor shall have no copyright in or to the Annual Yearbook or Year in Review or the contents thereof. Contractor will provide portrait studio services at a discounted rate to the City, to include but not be limited to: professional individual headshots, department team; group pictures, in -action photo sessions (Police, Firefighters, public services, etc. performing job duties), event photography coverage, award ceremonies, and annual employee parties. • Professional headshots shall be provided at Contractor's studio at a 50% discount (regularly $99) During city-wide "Staff Picture Day", Contractor shall set up at a city facility and take each employee portrait in a volume session. These sessions will be a half -day or full -day rate of$450 or $850 respectfully. • Group and department team photos are provided free ofcharge to all City of Crestview Departments as needed. • Event photography services shall also be provided free to the City and are limited to, as photographer availabilities allow: Main Street parades, festivals, awards ceremonies, special dedications, and speeches. Page 40 of 719 • Photo booth services shall be available to the City for annual events. Contractor will provide such photo booth services for $450 (2-4 hours) or $850 (4-8 hours). Contractor shall provide all props, backgrounds, equipment and staff, and all participants will receive free 4x6 prints, and the City will receive all images provided on an online gallery for the City's further use without obligation for fees or charges to Contractor. • Real estate/Property photography services are included free of charge for the City of Crestview to use for marketing and social media use. Page 41 of 719 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Action Item Item # 64. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Jessica Leavins, Administrative Services Director 8/3/2022 Employee Benefits Renewal BACKGROUND: Our employee benefits program is what sets us apart from other employers. In order to stay competitive in the current labor environment, it is critical that we continue to be competitive in this area. The city's employee benefit program consists of 100% paid employee health and life insurance and contributions toward family health and employee dental premiums. We also offer vision and supplemental insurance plans. The city historically offers health, dental, vision, life insurance and a defined contribution retirement plan to its employees. In 2019, we added an Employee Assistance Program to address mental health needs and in 2021, we added a 457 deferred compensation plan to promote financial wellness. In 2022, we added the US Law Shield program. DISCUSSION: The City has been presented with the opportunity to enhance the employee benefit program available to our employees at no cost increase to the city. Florida Blue has selected the City to take part in a new program in which they will provide funding for employee wellness activities and a system to reduce future premiums. This program will include an annual wellness screening, in -person health education sessions, and provide incentives to employees that will encourage wellness and participation in screening and education sessions. This year's program includes a point system where participation has a direct impact on next year's health insurance premiums with the potential for a 0% increase. The Florida Blue health insurance rates are increasing by 5% for the 22-23 fiscal year. We were able to cap our rate increase at 5% due to our participating in the Blue Value Solutions program. The City has been with Guardian Dental and Standard Life Insurance for over 20 years with quality service. Our rates for dental insurance will increase 5%. Employee premiums for vision and life insurance are on a rate hold for the 22-23 fiscal year. There will be a rate increase for retiree life insurance premiums, which are paid in full by the retiree. Please see the attached rate sheet for more information. The attached documents renew our contract with our insurance agent, Barnes Insurance and Financial Services. Barnes has provided quality services to the city for over a decade and in 2020 negotiated a Pro -share agreement with Florida Blue on behalf of the city. The documents also renew our contract with Florida Blue for employee health insurance for the 2022-2023 fiscal year. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local Page 42 of 719 government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services FINANCIAL IMPACT The financial impact of these rate increases are accounted for in the 2022-2023 fiscal year budget. The increase is an estimated cost of $100,000 annually. RECOMMENDED ACTION Staff respectfully requests the council approve the contracts with Florida Blue, Guardian Dental, Standard Insurance Company, and Barnes Insurance and Financial Services. Attachments 1. 22-23 rates Page 43 of 719 Insurance Rates 2022-2023 City of Crestview Health FL Blue Plan 03559 PPO Total Cost Employee Cost City Cost Weekly cost (employees) Employee $838.50 $0.00 $838.50 $0.00 Employee + Spouse $1,911.78 $536.64 $1,375.14 $134.16 Employee + Children $1,677.00 $419.25 $1,257.75 $104.81 Family $2,663.20 $912.35 $1,750.85 $228.09 Health FL Blue Plan 059 HMO Total Cost Employee Cost City Cost Weekly cost (employees) Employee $768.43 $0.00 $695.99 $0.00 Employee + Spouse $1,752.01 $491.79 $1,260.22 $122.95 Employee + Children $1536.86 $384.22 $1,152.65 $96.05 Family 1 $2,458.981 $845.281$1,613.71 I $211.321 Health FL Blue Plan 051 HMO Total Cost Employee Cost City Cost Weekly cost (employees) Employee $650.23 $0.00 $587.52 $0.00 Employee + Spouse $1,482.52 $416.15 $1066.38 $104.04 Employee + Children $1,300.46 $325.12 $975.35 $81.28 Family $1,080.74 $215.26 $865.49 $53.81 Dental Guardian Plan G-372073 Total Cost Employee Cost City Cost Weekly cost (employees) Employee $32.81 $16.41 $16.41 $4.10 Employee + Spouse $74.41 $58.01 $16.41 $14.50 Employee + Children $82.62 $66.22 $16.41 $16.55 Family $125.39 $108.99 $16.41 $27.25 Vision Standard Plan # 160-124049 Employee Cost Weekly cost (employees) Increase per pay period Employee $7.08 $L77 $0.00 Employee + One $17.44 $4.36 $0.00 Family $20.44 $5.11 $0.00 Page 44 of 719 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Action Item Item # 65. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Michael Criddle, Public Services Director 8/1/2022 Task Order - Vineyard Village Site Design BACKGROUND: The City acquired properties located between W Bowers Ave and W Field Ave in an effort to reduce the copious amount of crime and drug trafficking calls received by the Crestview Police Department. Since acquiring the properties, The City has partnered with Gregg Chapel to develop an affordable housing complex (Vineyard Village) to help reduce crime and add value and culture to the community, as well as address the housing shortages in our area. DISCUSSION: In efforts to design and develop Vineyard Village, The City has requested a task order from Alday-Howell Engineering, Inc through our continuing services contract with the firm. Task Order Purpose The City of Crestview (CLIENT) has seen significant population growth in recent years and that growth has led to an increased need for affordable housing. The project is located just outside the Community Redevelopment Agency boundary and just outside the Downtown Overlay District, as well. This project is located just one block east of the Crestview Housing Authority apartments along W. Edney Avenue. The parcels that will be developed as part of this project have the following Okaloosa County Parcel ID numbers: • 17 -3N -23-2490- 0133-017B • 17-3N-23-2490-0133-0160 • 17-3N-23-2490-0133-0150 • 17 -3N -23-2490-0133-006C • 17 -3N- 23 -2490-0133-006A • 17 -3N -23-2490-0133-014A • 17 -3N -23-2490-0133-014D • 17 -3N -23-2490-0133-014E • 17 -3N -23-2490-0133-014B • It should be noted that the alley running between W. Bowers Avenue and W. Field Avenue does not have an Okaloosa County Parcel ID number, but it will be utilized to enable this project. The properties listed above are either owned by the Client or are under contract to purchase. If any sale does not go through, this task order should be revised accordingly. Task Order Scope of Services The purpose of Task Order 2022-02 is to authorize Alday-Howell Engineering, Inc. (AHE) to proceed with the professional engineering and consulting services for the development of approximately 1.43 acres into a multifamily affordable housing complex. The complex is anticipated to consist of up to 28 one/two bedroom residential apartments with units evenly distributed on each of the two floors. Phase one of the construction will provide a minimum of 20 residential apartments and phase two will max out the remainder of the developable area. This Task Order will include design for both phases of construction in one set of permit documents. The site is located between the north side of W. Field Avenue and the south side of W. Bowers Avenue. Central sewer services are available via a gravity connection in the area of the project. Water is also available to the parcel. AHE is to prepare plans and calculations necessary to obtain federal, state and local permit approvals for a development order to establish the apartment complex and associated infrastructure Page 45 of 719 onsite. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT The total cost of the Task Order resulting in final construction plans is $55,920.00 to be paid from General Fund - G&A Blight Removal. (A/C #001.0311.511.61.00) In an effort to move forward with this project, the City Manager has approved tasks that fall within his spending authority. (Task 1, Task 2, and Surveys which total $23,920). RECOMMENDED ACTION Staff respectfully requests approval of Task 3,4, and 5 of Task Order 2022-02 from Alday-Howell Engineering, Inc. in the amount of $32,00.00 to complete the requirements of Task Order 2022-02. Attachments 1. VINEYARD VILLAGE TASK ORDER 2022 2. Boundary and Topo - West Field Ave 3. Figure 1 Conceptual plan 4. Figure 2 Conceptual plan 5. W FIELD AVENUE DEVELOPMENT Page 46 of 719 IUJC Alday-HoweU utm- Ers Lat_ , Civil Engineering Site and Subdivision Design Environmental Permitting Land Use Planning TASK ORDER 2022-02 THIS TASK ORDER IS ISSUED PURSUANT TO THE STANDARD MASTER AGREEMENT FOR PROFESSIONAL SERVICES DATED MAY 11, 2021 (AGREEMENT), FOR THE CITY OF CRESTVIEW, FLORIDA, WHICH IS INCORPORATED HEREIN BY THIS REFERENCE, WITH RESPECT TO Professional Engineering and Consulting Services for Design and Permitting of Vineyard Village Apartments between W. Bowers Avenue and W. Field Avenue. Article A. Purpose The City of Crestview (CLIENT) has seen significant population growth in recent years and that growth has led to an increased need for affordable housing. The project is located just outside the Community Redevelopment Agency boundary and just outside the Downtown Overlay District, as well. This project is located just one block east of the Crestview Housing Authority apartments along W. Edney Avenue. The parcels that will be developed as part of this project have the following Okaloosa County Parcel ID numbers: • 17 -3N -23-2490-0133-017B • 17-3N-23-2490-0133-0160 • 17-3N-23-2490-0133-0150 • 17 -3N -23-2490-0133-006C • 17 -3N -23-2490-0133-006A • 17 -3N -23-2490-0133-014A • 17 -3N -23-2490-0133-014D • 17 -3N -23-2490-0133-014E • 17 -3N -23-2490-0133-014B • It should be noted that the alley running between W. Bowers Avenue and W. Field Avenue does not have an Okaloosa County Parcel ID number, but it will be utilized to enable this project. The properties listed above are either owned by the Client or are under contract to purchase. If any sale does not go through, this task order should be revised accordingly. Article B. Scope of Services Introduction The purpose of Task Order 2022-02 is to authorize Alday-Howell Engineering, Inc. (AHE) to proceed with the professional engineering and consulting services for the development of approximately 1.43 acres into a multifamily affordable housing complex. The complex is anticipated to consist of up to 28 one/two bedroom residential apartments with units evenly distributed on each of the two floors. Phase one of the construction will provide a minimum of 20 residential apartments and phase two will max out the remainder of the developable area. This Task Order will include design for both phases of construction in one set of permit documents. The site is located between the north side of W. Field Avenue and the south side of W. Bowers Avenue. Central sewer services are available via a gravity connection in the area of the project. Water is also available to the parcel. AHE is to prepare plans and calculations necessary to Mailing Address Post Office Box 494 Marianna, FL 32447 Marianna Office 3017 Highway 71 North Marianna, FL 32446 info@aldayhowell.com Ph: (850) 526-2040 Fax: (850) 526-4740 Crestview Office 4100 S. Ferdon Blvd, Ste B2 Crestview, FL 32536 crestview@aldavhowell.com Ph: (850) 634-6084 Page 47 of 719 War Alday-HoweU Civil Engineering Site and Subdivision Design Environmental Permitting Land Use Planning obtain federal, state and local permit approvals for a development order to establish the apartment complex and associated infrastructure onsite. Figure 1 and Figure 2 attached to this Task Order are two alternative approaches to the proposed development. Figure 1 shows an entrance from W. Bowers Avenue and Figure 2 shows an entrance from W. Field Avenue. The scope of services provided with this task order is outlined in detail below. Task 1 — Site Investigations Site -specific investigations will be required to obtain the field data needed to evaluate site characteristics, design requirements, and potential impacts of the proposed development project. Geotechnical Exploration This subtask will be performed by Magnum Engineering, Inc. (MEI) and includes mobilization to the site and preparing a Geotechnical report. MEI will perform the following investigations as part of their analysis: • Estimate Five (5) 5 -feet to 10 -feet deep Auger Borings in proposed pavement and stormwater areas • Estimate One (1) Double Ring Infiltrometer Test (DRI) in proposed stormwater area • Estimate Five (5) 25 -feet deep Standard Penetration Test (SPT) borings in proposed building areas. • Engineering Evaluation and Report to include Site/Soil Preparation Recommendations, Pavement Recommendations, Foundation Recommendations, and Soil Related information to aid in the design of an effective stormwater system in accordance with ERP and/or local municipal regulations. Task 2 — Conceptual Plan and Pre -Application Meeting The intended outcome of this task will be to obtain preliminary design approval from the CLIENT for the affordable housing project. A concept plan will be developed to meet the requirements of the City of Crestview Land Development Code. AHE will attend a pre -application meeting with City of Crestview Community Development Services and all other appropriate parties to review the concept plan and obtain any additional questions that should be addressed in the permit documents, construction plans and specifications. Under this Task, AHE will deliver the following items: • Conduct a field review of the site and coordinate with the client and other subcontractors. • Prepare a concept plan for submittal to Community Development Services in accordance with the City of Crestview submittal requirements for a Development Order. Sheets will include a single page site plan with pertinent planning information. It should be noted that the City of Crestview Community Development Services (CDS) allows the use of the ITE Parking Generation Manual in lieu of the City's parking requirements in the Land Development Code. This approach will be used to reduce the required parking onsite for the development. Based on conversations with CDS, this will not require any additional data or reporting since it is directly from the ITE manual, as allowed by Section 8.06.06 E of the Land Development Code. • Attend a Pre -Application meeting with City of Crestview Community Development Services. City of Crestview - Task Order 2022-02 Page 2 of 6 Page 48 of 719 it 1 ir Alday-HoweU ff- up ■-illllll . [ f'hfx [[EERAN w D Civil Engineering Site and Subdivision Design Environmental Permitting Land Use Planning Task 3 — Detailed Plans and Specifications for Permitting Upon completion of the Conceptual Approval phases, AHE will provide design services to develop construction plans and detailed technical specifications for the affordable housing project utilizing the City of Crestview Land Development Code. Subtask 3.1- Utility Coordination Utility Coordination for this project will be conducted by AHE. This coordination will include field meetings with individual utility owners, as needed. Subtask 3.2 — Permit Submittal The Permit Submittal package will provide detailed Civil drawings that include a cover sheet, existing conditions plan, demolition/erosion control plan, site paving and striping plan, lighting plan, grading and drainage plan, utility plan with profiles, landscape plan, any special details required and a copy of the draft technical specifications for the project. • This subtask will also include preparing stormwater calculations and report. • Prepare and submit for NWFWMD 10-2 self -certification (stormwater permit). • Prepare gravity sewer connection plans including plan and profiles for a connection to the nearest available manhole. Subtask 3.3 — Respond to Comments and Plan Revisions This subtask will include providing responses to comments received from reviewers of the development order submittal and other permit submittals. This will include a written response letter and revisions to the plans based on the comments provided. The intended outcome of this task will be to obtain construction permits from applicable agencies such as NWFWMD and to obtain a Development Order from the City of Crestview for the planned work by the CLIENT. Task 4 — Construction Plans and Specifications Subtask 4.1- Construction Plans and Engineer's Opinion of Probable Construction Cost (EOPCC) A detailed EOPCC will also be provided at this phase as well as final construction plans and detailed technical specifications. Under this Task, AHE will deliver all permits required for the construction of the proposed development project. Task 5 — Services During Construction AHE will make visits to the site to attend the preconstruction meeting and monthly construction progress meetings as well as make additional visits at key milestones during construction. The schedule of these visits will maximize the purpose of the visit at key points during construction and on an "as -needed" basis. Each site visit will require approximately 1-2 hours, including field observations and report of findings. Anticipated site visits include: • Preconstruction conference • Six (6) monthly progress meetings • Three (3) "as -needed" visits • Substantial Completion and final punch list visit • Final Completion visit City of Crestview - Task Order 2022-02 Page 3 of 6 Page 49 of 719 it 1 ir Alday-HoweU Civil Engineering Site and Subdivision Design Environmental Permitting Land Use Planning Final Inspection AHE will review the work at the substantial completion and final completion stages. AHE will prepare a final punch list of items requiring completion or correction. AHE will make recommendations to the CLIENT regarding acceptance of the work based on the results of the final inspection. Optional Tasks — Boundary and Topographic Survey Exploration This subtask will be performed by Southeastern Surveying and Mapping and includes the following items: • Perform necessary field work to establish the location of all boundary corners and reset any missing corners for parcel 17-3N-23-2490-0104-0130 and parcel 17-3N-23-2490-0104-0140. • Perform necessary field work to locate all improvements and utilities, as evidenced by above ground features or if designated and marked by the Utility Owners or their designated representative or a contracted service at the original time of field visit. • Obtain spot elevations on natural ground and existing improvements suitable for interpolation of one -foot contours to be shown on the final drawing. • Establish a minimum of two (2) site benchmarks. • Topographic coverage will be limited to 10 -feet beyond property boundary or to opposing right of way boundary, whichever is greater. • Locate all trees on property to include diameter as measured at chest height and type, as per City of Crestview tree ordinance. It should be noted that utility owners no longer designate and mark their utilities as a result of contacting Sunshine 811 during the design phase. Therefore, Southeastern Surveying and Mapping Corporation (SSMC) will request a Design Ticket from Sunshine 811 and provide the utility contact information received from said Design Ticket. Assumptions The following assumptions have been taken into consideration in the preparation of this Scope of Services and compensation. These assumptions are based on the project scope, which is to deliver the CLIENT a completed set of construction plans and specifications of sufficient detail to obtain a reasonably accurate bid for services to construct the proposed improvements, for the selected contractor to be able to construct the improvements, to assist the CLIENT with the monitoring of the construction of the project, and to provide limited post -construction assistance. Should deviations from these assumptions be required to deliver the services provided in this Scope of Services, the scope of work and compensation shall be modified accordingly and approved by the CLIENT in writing prior to executing the changes to the Scope of Services. The assumptions are as follows: • The CLIENT will be responsible for providing survey data and utility designations within the proposed project limits and any areas that may need to be surveyed in order to construct the project. An optional service has been included with this Task order if the CLIENT wishes to use AHE's subconsultant for surveying. • The CLIENT will be responsible for the acquisition of land needed to complete this project. This includes making offers and negotiations with property owners. • The CLIENT will conduct public awareness campaigns to inform stakeholders of the project and its anticipated construction timelines. • The CLIENT will pay all permit fees for applications and subsequent reviews • It is assumed that, aside from the Services During Construction listed in Task 5, the CLIENT will perform all inspection of day-to-day construction activities. City of Crestview - Task Order 2022-02 Page 4 of 6 Page 50 of 719 ii r Alday-HoweU • sit IX= EV APEEW. ONC Civil Engineering Site and Subdivision Design Environmental Permitting Land Use Planning • It is assumed that the CLIENT will be responsible for the advertisement for bids related to the construction of the project and shall qualify the bids received. This shall also include preparation bid documents. Article C. Compensation Provisions As compensation for providing the services described in Article B. Scope of Services in this task order, the CLIENT shall pay AHE, in accordance with Section 5 of the Agreement, on a lump sum basis in the total amount of $40,800. The total lump sum fee for Optional services is $15,120. These fees will be billed monthly by percent of completion. The estimated breakdown of fees is shown in Table 1 below. Table 1— Compensation Milestone: Estimated Fee Amount: Task 1 — Site Investigations $6,300 Task 2 — Concept Plan and Pre -Application Meeting $2,500 Task 3 — Detailed Plans and Specifications for Permits $28,500 Task 4 — Construction Plans and Specifications $1,500 Task 5 — Services During Construction $2,000 Optional Tasks Boundary and Topographic Survey $15,120 Article D. Period of Service Work will begin upon execution of this task order. A preliminary milestone schedule is shown below. The total estimated timeframe to deliver the final construction plans is 40 weeks from task order execution. Table 2 — Preliminary Schedule Milestone: Estimated Fee Amount: Task 1 — Site Investigations 8 weeks from NTP Task 2 — Concept Plan and Pre -Application Meeting 10 weeks from NTP Task 3 — Detailed Plans and Specifications for Permits 14 weeks from NTP +4 weeks for comment and response period Task 4 — Construction Plans and Specifications Immediately upon approval of all permits Task 5 — Services During Construction Throughout construction duration Optional Services Boundary and Topographic Survey 8 weeks from NTP if needed Article E. Authorized Representatives The Authorized Representatives designated below are authorized to act with respect to Task Order 2022-02. Communications between the parties and between AHE's subcontractors shall be through the Authorized Representatives: For the City of Crestview, FL For Alday-Howell Engineering, Inc. Name: Wayne Steele Name: John Feeney, PE Address: P.O. Drawer 1209 Crestview, FL 32536 Address: 4100 S. Ferdon Boulevard, Suite B2 Crestview, FL 32536 Telephone: (850) 682-6134 Telephone: (850) 634-6084 Email: Steele@cityofcrestview.org Email: John@aldayhowell.com City of Crestview - Task Order 2022-02 Page 5 of 6 Page 51 of 719 /1! Alday-HoweU r Err= sr.c..:ur.. EErir,.c:. Civil Engineering Site and Subdivision Design Environmental Permitting Land Use Planning Article F. Authorization Task Order 2022-02 is effective as of , 2022 Accepted for CLIENT by: Accepted for Alday-Howell Engineering, Inc. Name: Tim Bolduc Name: Travis Howell, PE Title: City Manager Title: PrincipalNice President City of Crestview - Task Order 2022-02 Page 6 of 6 Page 52 of 719 SShVdC SUE • SURVEY • GIS July 26, 2022 Mr. John Feeney Alday-Howell Engineering, Inc 4100 S Ferdon Boulevard, Suite B2 Crestview, Florida 32536 Phone: (850) 634-6084 VIA EMAIL: iohn@aldayhowell.com RE: Boundary & Topo — West Field Avenue Parcels: 17 -3N -23-2490-0133-017B, 17-3N-23-2490-0133-0050, 17 -3N -23-2490-0133-006A, 17 -3N -23-2490-0133- 006C, 17-3N-23-2490-0133-0150, 17-3N-23-2490-0133-0160, 17 -3N -23-2490-0133-014A, 17 -3N -23-2490-0133- 014D, 17 -3N -23-2490-0133-014E, 17 -3N -23-2490-0133-014B, Crestview, Florida Section 17, Township 03 North, Range 23 West, Okaloosa County, Florida Dear Mr. Feeney, We are pleased to submit our proposal for Surveying Services on the above referenced project. SCOPE OF WORK: Provide a Boundary and Topographic Survey to meet the Standards of Practice as prescribed by the Florida Board of Professional Land Surveyors in Chapter 5J-17 FAC, Section 472.027 of the Florida Statutes. The survey will include the following: 1. Perform necessary field work to establish the location of all boundary corners and reset any missing corners for parcels 17 -3N -23-2490-0133-017B, 17-3N-23-2490-0133-0050, 17 -3N -23-2490-0133-006B, 17 -3N -23-2490-0133-006A, 17- 3N -23-2490-0133-006C, 17-3N-23-2490-0133-0150, 17-3N-23-2490-0133-0160, 17 -3N -23-2490-0133-014A, 17 -3N- 23 -2490-0133-014D, 17 -3N -23-2490-0133-014E and parcel 17 -3N -23-2490-0133-014B. 2. Perform necessary field work to locate all improvements and utilities, as evidenced by above ground features or if designated and marked by the Utility Owners or their designated representative or a contracted service at the original time of field visit. 3. Obtain spot elevations on natural ground and existing improvements suitable for interpolation of one -foot contours to be shown on the final drawing. 4. Establish a minimum of two (2) site benchmarks. 5. Topographic coverage will be limited to 10 -feet beyond property boundaries or to opposing right of way boundary, whichever is greater. 6. Locate all trees on property to include diameter as measured at chest height and type, as per City of Crestview tree ordinance. Utility owners no longer designate and mark their utilities as a result of contacting Sunshine 811 during the design phase, therefore Southeastern Surveying and Mapping Corporation (SSMC) will request a Design Ticket from Sunshine 811 and provide the utility contact information received from said Design Ticket. 100 % Employee -Owned 1 www.southeasternsurveying.com Orlando, Florida 1 Jacksonville, Florida 1 Chipley, Florida Tampa, Florida 1 Kissimmee, Florida 1 Marianna, Florida 1 Tavares, Florida 1 Dothan, Alabama Page 53 of 719 Alday-Howell Engineering, Inc Boundary & Topo — West Field Ave July 25, 2022 SSIC SUE • SURVEY • GIS TM ADDITIONAL SERVICES Any service not explicitly provided for in the above scope will be billed as additional services and will be performed at our then current hourly rates as provided for in Exhibit A. INFORMATION PROVIDED BY CLIENT SSMC shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client's consultants or representatives. DELIVERABLE The final product will be three (3) certified copies. DELIVERY All documents will be sent to the client or the client's representative(s) via USPS. If overnight shipping is requested or required by the client or the client's representative(s), then said charges would appear as a separate item on our invoice unless we are provided with the client's overnight carrier account number for shipping. PROJECT TIMELINE We anticipate the completion of the above -described work within four (4) weeks after receipt of a written notice to proceed. EXPENSES AND FEES Our fee for the above -referenced work will be as follows: Boundary and Topographic Survey $15,120.00 Payment Terms: Payment is expected within thirty (30) days from the date of the invoice. Credit Card Convenience Fee SSMC is committed to providing a range of payment options to our clients. Credit Card payments made via phone will result in a Convenience Fee. A Convenience Fee of $25 will be applied to Credit Card payments. We will continue to offer other payment methods, including cash, paper checks, and electronic check payments (ACH), which carry no additional charge. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Sincerely, Lee Anderson, PSM 1 PLS Project Manager, Project Surveyor LA:cd 2 M:\Proposals\A\Alday-Howell Engineering, Inc\Boundary and Topo - West Field Ave.docx Page 54 of 719 Alday-Howell Engineering, Inc Boundary & Topo — West Field Ave July 25, 2022 SSIC SUE • SURVEY • GIS TM If the above scope, period of service, and method of compensation meets with your approval, please have an authorized person execute below and send via email to contracts@southeasternsurveying.com as an official notice to proceed along with the notice of commencement. Fees and times stated in this agreement are valid for six months from the date of the proposal. CLIENT AUTHORIZATION I declare that I am authorized to sign the binding contractual document. I also declare that I have read, understand, and accept this proposal. Signature Date Printed Name Title (if any) 3 M:\Proposals\A\Alday-Howell Engineering, Inc\Boundary and Topo - West Field Ave.docx Page 55 of 719 Alday-Howell Engineering, Inc Boundary & Topo — West Field Ave July 25, 2022 EXHIBIT "A" HOURLY RATES iiir\ SUE SURVEY GIS SSMC Professional Surveyor & Mapper $162.00/per hour Project Manager (Survey) $162.00/per hour Project Manager (SUE) $162.00/per hour Senior Technician (Survey) $122.00/per hour Senior Technician (SUE) $122.00/per hour CAD Technician $108.00/per hour 2 Person Survey Field Crew $163.00/per hour 3 Person Survey Field Crew $214.00/per hour 4 Person Survey Field Crew $265.00/per hour 2 Person SUE Field Crew $198.00/per hour 3 Person SUE Field Crew $276.00/per hour 4 M:\Proposals\A\Alday-Howell Engineering, Inc\Boundary and Topo - West Field Ave.docx Page 56 of 719 GENERAL TERMS AND CONDITIONS These standard terms and conditions ("STCS") are incorporated by reference into the foregoing proposal, along with any future modifications or amendments (the "Agreement") between Southeastern Surveying and Mapping Corporation ("SSMC") and its Client ("You" or "Your") for the performance of surveying services ("Services"). These STCS are fully binding upon you just as if they were fully outlined in the body of the proposal letter and shall supersede any term or provision elsewhere in the agreement in conflict with these STCS. SCOPE OF SERVICES For the fee outlined in the Agreement, you agree that SSMC shall only be obligated to render the Services expressly described in the Agreement. Unless the Agreement explicitly requires, in no event does SSMC has any obligation or responsibility for: a. The correctness and completeness of any document which was prepared by another entity. b. The correctness and completeness of any drawing prepared by SSMC, unless it was duly signed and sealed by a registered professional on SSMC's behalf. c. Favorable or timely comment or action by any governmental entity on the submission of any construction documents, land use or feasibility studies, appeals, petitions for exceptions or waivers, or other requests or documents of any nature whatsoever. d. Taking into account off -site circumstances other than those clearly visible and actually known to SSMC from on -site work. e. The actual location (or characteristics) of any portion of a utility that is not entirely visible from the surface. f. Site safety or construction quality, means, methods, or sequences. g. The correctness of any geotechnical services performed by others, whether or not performed as SSMC's subcontractor. Should shop drawing review be incorporated into the Services, SSMC shall pass on the shop drawings with reasonable promptness. Checking and approval of shop drawings will be general, for conformance with the design concept of the project to which this Agreement relates ("Project") and compliance with the information given in the construction documents, and will not include quantities, detailed dimensions, nor adjustments of dimensions to actual field conditions. Approval shall not be construed as permitting any departure from contract requirements, nor as relieving the Contractor of the sole and final responsibility for any error in details, dimensions, or otherwise, that may exist. SSMC does not provide legal, accounting, or insurance services. YOUR ORAL DECISIONS You, or any of your directors, officers, partners, members, managers, employees or agents having apparent authority from you, may orally: (a) make decisions relating to Services or the Agreement; (b) request a change in the scope of Services under the Agreement; or (c) request SSMC to render additional services under the Agreement, subject to our right to require you to submit the request in writing before your decision or request shall be considered to have been effectively made. You may, at any time, limit the authority of any or all persons to act orally on your behalf under this Paragraph, by giving SSMC seven (7) days advance written notice. STANDARD OF CARE The standard of care for all professional services performed by SSMC under this Agreement shall be the skill and care used by members of SSMC's profession practicing under similar circumstances at the same time and in the same locality. PAYMENT SSMC may submit invoices at any time to you for Services and reimbursable expenses incurred. Invoices are payable within 30 days of the invoice date. Invoices may be based either upon our estimate of the proportion of the total services completed at the time of billing for lump sum or fixed fee services, or in the case of hourly services, upon rendering of the Services. If any invoice is not paid within 30 days of the invoice date, SSMC shall have the right either to suspend the performance of our Services until all invoices more than 30 days past due are fully paid or to terminate the agreement and to initiate proceedings to recover amounts owed by you. Additionally, SSMC shall have the right to withhold from you the possession or use of any drawings or documents prepared by SSMC for you under this or any other agreement with you until all delinquent invoices are paid in full. You shall not offset payments of our invoices by any amounts due or claimed to be due for any reason. If you do not give SSMC written notice disputing an invoice within 20 days of the invoice date, the invoice shall conclusively be deemed correct. All payments made by you should specify the invoice numbers being paid. If SSMC receives payments that do not specify the invoices being paid, you agree that SSMC may apply payments in our sole discretion. Time is of the essence of your payment obligations, and your failure make full and timely payment shall be deemed a material breach. PROPRIETARY RIGHTS The drawings, specifications and other documents prepared by SSMC under this Agreement are instruments of SSMC's service for use solely for the Project and, unless otherwise provided, SSMC shall be deemed the author of these documents and shall retain all common law, statutory, and other reserved rights, including the copyright and rights to any SSMC trademarks. You shall be permitted to retain copies, including reproducible copies of SSMC's instruments of service for information and reference for the Project. SSMC's drawings, specifications, or other documents shall not be used by you or others on other projects for any reason or for completion of this Project by other professionals unless you enter into a written agreement with SSMC allowing for such use. Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication inconsistent with our reserved rights. TERMINATION Either party may terminate the Agreement if the other party materially breaches the Agreement. You shall immediately pay SSMC for our services rendered and expenses incurred through the termination date, including fees and expenses that SSMC incur as a result of the termination. ASSIGNMENT Neither party shall assign or transfer any rights, interests or claims arising under this Agreement without the written consent of the other. This Agreement shall not confer any benefit or right upon any person or entity other than you, SSMC, and its officers, employees, agents, and subcontractors. SSMC's officers, employees, agents, and subcontractors shall have and shall be entitled to the protections afforded SSMC under this Agreement. GOVERNING LAW This Agreement shall be interpreted under and governed by the laws of the State of Florida. The parties agree that the courts of Orange County, Florida, and the US District Court of the Middle District of Florida (Orlando Division) shall have exclusive jurisdiction over any controversy. The parties consent to the jurisdiction of the Courts and waive any objection either party might otherwise be entitled to assert regarding jurisdiction. The parties irrevocably waive all right to trial by jury in any action, proceeding, or counterclaim arising out of or related to this Agreement. SEVERABILITY If any part, term, or provision of this agreement is held to be illegal or unenforceable, the validity and enforceability of the remaining parts, terms, and provisions of this agreement shall not be affected, and each party's rights shall be construed and enforced as if the agreement did not contain the illegal or unenforceable part, term, or provision. LIMITATIONS ON LIABILITY SSMC's liability for any loss, property damage or bodily injury of or to you caused in whole or in part by SSMC in the performance of this Agreement, or in the performance of any supplementary services in any way related to this Agreement, shall be limited in the aggregate to the amount of fees that you have paid to SSMC for the Services. The parties intend that the preceding limitation on liability shall apply to all claims, whether sounding in tort, in contract, in warranty or otherwise. You release, waive, and shall not seek contribution from, or indemnification by, SSMC for any claims of any nature made against you by any other person who may suffer any loss, property damage or bodily injury in any manner associated with SSMC's services, or SSMC's officers, employees, agents and subcontractors under this Agreement, or any supplementary services in any way related to this Agreement. SSMC shall not be liable to you, in any event or for any amount, for delays, or consequential, special or incidental damages; or punitive or exemplary damages. PAYMENT OF ATTORNEY'S FEES The losing party shall pay the winning party's reasonable attorney's fees and expenses for the prosecution or defense of any cause of action, claim or demand arising under this Agreement in any court or in arbitration. INDEMNIFICATION You agree to indemnify and hold SSMC harmless from and against any and all liability, loss, damages, claims, and demands for loss, damages, property damages or bodily injury, arising out of work undertaken on the Project by you, or your contractor, subcontractor or other independent company or consultant employed by you to work on the Project, or their respective partners, members, managers, directors, officers, employees, agents or assigns; or arising out of any other operation, no matter by whom performed, for and on behalf of you, or such contractor, subcontractor or other independent company or consultant, whether or not due in part to errors or omissions by us in the performance of this Agreement, or in the performance of any supplementary service in any way related to this Agreement, provided that you are not required to indemnify and hold SSMC harmless under this Paragraph in the event of SSMC's sole negligence. INSURANCE SSMC represents that it carries and will continue carry General Liability in the amount of $1M per each occurrence and $2M per general aggregate, Worker's Compensation in the amount of $1M, Automobile Liability in the amount of $1M, Professional Liability also known as Errors and Omissions in the amount of $5M per occurrence and general aggregate, and Umbrella Coverage in the amount of $5M. General Liability, Automobile Liability and Worker's Compensation are primary and non-contributory with Umbrella following form. Certificates of Insurance shall be provided upon request, listing your Company as the certificate holder for a period of one (1) year. SSMC and Client shall waive subrogation against one another. COMPLETE AGREEMENT This Agreement contains the entire agreement between the parties concerning the matters covered herein. No prior representations, statements, or inducements made by either SSMC, you, or the respective agents of either, that is not contained in the Agreement shall enlarge, modify, alter, or otherwise vary the written terms of the Agreement unless they are made in writing and made a part of the Agreement by attachment, incorporated by reference in the Agreement or signed or initialed on behalf of both parties. 5 Page 57 of 719 W BOWERS AVE PROPOSED FUTURE PARKING SPACES PROPOSED FUTURE STAIRS PROPOSED EDGE OF DECK PROPOSED FUTURE APARTMENTS 3,264 SF PROPOSED FUTURE STAIRS PROPOSED CURBING APPROX. PROPERTY LINE PROPOSED EDGE OF DECK PROPOSED WHEEL STOP PROPOSED BIKE RACK PROPOSED STAIRS PROPOSED TWO-STORY BUILDING FOOTPRINT 5,712 SF A DAY HO V' E LI , ENGINEERING, INC 4100 S. FERMIB1-,VD, STE 132 CRIESTVIIEW, FL 32536 PHONE (850) 634-6084 * FAX (850) 526-4740 E-MAIL : info@aldayhowell.com FLORIDA CERTIFICATE OF AUTHORIZATION. NO. 26105 R4' PROPOSED ASPHALT PARKING LOT 102' 7.5 PROPOSED SWMF PROPOSED BIKE RACK PROPOSED STAIRS W FIELD AVE PROPOSED STAIRS PROPOSED EDGE OF DECK PROPOSED STAIRS PROPOSED DUMPSTER PAD SITE DATA: PARCEL ID NUMBERS: 17 -3N -23-2490-0133-017B 17-3N-23-2490-0133-0160 17 -3N -23-2490-0133-006C 17 -3N -23-2490-0133-014A 17 -3N -23-2490-0133-014D 17-3N-23-2490-0133-0150 17 -3N -23-2490-0133-006A 17-3N-23-2490-0133-0148 17 -3N -23-2490-0133-014E TOTAL SITE AREA: 1.43 AC = 62,494 SF FUTURE LAND USE: MIXED USE (MU) ZONING: MIXED USE (MU) PARKING REQUIREMENTS: APARTMENT COMPLEX: 2 SPACES PER UNIT 2 SPACES * 28 UNITS = 56 SPACES* TOTAL PARKING REQUIRED: 56 SPACES* TOTAL PARKING PROVIDED: 48 SPACES* *PARKING STUDY 15 ANTICIPATED TO LOWER REQUIRED NUMBER OF PARKING SPACES IMPERVIOUS SURFACE RATIO: MAXIMUM ALLOWED ISR: 0.80 PROPOSED ISR: 0.62 FLOOR AREA RATIO (FAR): MAXIMUM ALLOWED FAR: 2.0 PROPOSED FAR: 0.34 OPEN SPACE RATIO: MINIMUM ALLOWED OSR: 0.20 PROPOSED OSR: 0.33 LANDSCAPE BUFFER DIMENSIONS: FRONT = 10' SIDE = 7.5' REAR = 7.5' BUILDING SETBACK DIMENSIONS: FRONT = 20' SIDE = 7.5' REAR = 15' LEGEND: PROPOSED BUILDING FOOTPRINT LANDSCAPE BUFFER PROPOSED CONCRETE PROPOSED ASPHALT PAVEMENT OPEN SPACE AREA BUILDING SETBACK PROPOSED PHASE II DEVELOPMENT PROPOSED TWO-STORY BUILDING FOOTPRINT 1,785 SF REVISIONS CLIENT : CITY OF CR E S TVIIE W SHEET TITLE : CONCEPTUAL l� S IIT E PLAN NOT VALID UNLESS EMBOSSED T.O. NO. 2022-02 DRAWN BY NMM, NCS DESCRIPTION INT. DATE CHECKED BY JSF PROJECT : VINEYARD VILLAGE DATE 07/20/22 FIGURE 1 fl___ ,o_r 719 1 inch = 50 ft. PROPOSED DUMPSTER PAD PROPOSED CURBING APPROX. PROPERTY LINE PROPOSED EDGE OF DECK PROPOSED WHEEL STOP PROPOSED BIKE RACK PROPOSED STAIRS - PROPOSED TWO-STORY BUILDING FOOTPRINT 5,712 SF R4' PROPOSED ASPHALT PARKING LOT PROPOSED BIKE RACK PROPOSED STAIRS W FIELD AVE BOWERS AVE R15' 20' R14' 102' R24' PROPOSED FUTURE STAIRS PROPOSED FUTURE APARTMENT 816 SF 'NM PROPOSED EDGE OF DECK PROPOSED FUTURE APARTMENTS 1,785 SF PROPOSED STAIRS PROPOSED EDGE OF DECK PROPOSED TWO-STORY BUILDING FOOTPRINT 1,785 SF PROPOSED STAIRS A DAY H®V' V' E LL ENGINEERING, INC. 4100 S. FERMIBi-,VD, STE 132 CRIESTVIIEW, FL 32536 PHONE (850) 634-6084 * FAX (850) 526-4740 E-MAIL : info@aldayhowell.com FLORIDA CERTIFICATE OF AUTHORIZATION. NO. 26105 SITE DATA: PARCEL ID NUMBERS: 17-3N-23-2490-0133-0178 17-3N-23-2490-0133-0160 17 -3N -23-2490-0133-014A 17 -3N -23-2490-0133-014B 17 -3N -23-2490-0133-014D 17-3N-23-2490-0133-0150 17 -3N -23-2490-0133-006A 17 -3N -23-2490-0133-006C 17 -3N -23-2490-0133-014E TOTAL SITE AREA: 1.43 AC = 62,494 SF FUTURE LAND USE: MIXED USE (MU) ZONING: MIXED USE (MU) PARKING REQUIREMENTS: APARTMENT COMPLEX: 2 SPACES PER UNIT 2 SPACES * 28 UNITS = 56 SPACES* TOTAL PARKING REQUIRED: 56 SPACES* TOTAL PARKING PROVIDED: 51 SPACES* *PARKING STUDY I5 ANTICIPATED TO LOWER REQUIRED NUMBER OF PARKING SPACES IMPERVIOUS SURFACE RATIO: MAXIMUM ALLOWED ISR: 0.80 PROPOSED ISR: 0.67 FLOOR AREA RATIO (FAR): MAXIMUM ALLOWED FAR: 2.0 PROPOSED FAR: 0.32 OPEN SPACE RATIO: MINIMUM ALLOWED OSR: 0.20 PROPOSED OSR: 0.32 LANDSCAPE BUFFER DIMENSIONS: FRONT = 10' SIDE = 7.5' REAR = 7.5' BUILDING SETBACK DIMENSIONS: SIDE = 7.5' REAR = 15' LEGEND: ffi PROPOSED BUILDING FOOTPRINT LANDSCAPE BUFFER PROPOSED CONCRETE SIDEWALK PROPOSED ASPHALT PAVEMENT OPEN SPACE AREA BUILDING SETBACK PROPOSED PHASE II DEVELOPMENT REVISIONS CLIENT : CITY OF CR E S TVIIE W SHEET TITLE : CONCEPTUAL l� S IIT E PLAN NOT VALID UNLESS EMBOSSED T.O. NO. 2022-02 DRAWN BY NMM, NCS DESCRIPTION INT. DATE CHECKED BY JSF PROJECT : VINEYARD VILLAGE DATE 07/20/22 FIGU I • E 2 r,___ rn _t 719 EI MAGNUM ENGINEERING INC GEGTECHNICAL ENGINEERING CONSULTANTS July 17, 2022 Client: Mr. John Feeney, P.E. Alday-Howell Engineering, Inc. 4100 S. Ferdon Boulevard Suite B2 Crestview, FL 32536 Project Name & Location: W. Field Avenue Development — Geotechnical Services Okaloosa County, Florida Scope of Service: Mobilization Estimate Five (5) 5 -feet to 10 -feet deep Auger Borings in Pavement and Stormwater Areas Estimate One (1) Double Ring Infiltrometer Test (DRI) in Proposed Stormwater Pond area Estimate Five (5) 25 -feet deep Standard Penetration Test (SPT) borings in proposed building areas. Engineering Evaluation and Report to include Site/Soil Preparation Recommendations, Pavement Recommendations, Foundation Recommendations, and Soil Related information to aid in the design of an effective stormwater system in accordance with ERP and/or local municipal regulations. Method of Contract: Lump Sum Budget Estimate: $6,300.00 To authorize Magnum Engineering, Inc to provide the above scope of services please sign the attached authorization form where indicated, and return a copy of the signed proposal to us. Magnum Engineering appreciates the opportunity to provide you with Geotechnical services on this project. Should you have any questions or comments, please call. Sincerely, MA JAMES T. VICKERS, P.E. Sr. Geotechnical Engineer INC. Attachments: General Conditions Authorization Form Page 60 of 719 Din] MAGNUM ENGINEERING INC GENERAL CONDITIONS 1.0 RIGHT -OF -ENTRY - The client will provide right -of -entry for Magnum Engineering, Inc. and all necessary equipment in order to complete the work. While Magnum Engineering, Inc.. will take precaution to minimize any damage to the property, it is understood by the Client that in the course of work damage may occur, the correction of which is not part of this Agreement. 2.0 DAMAGE TO EXISTING MAN-MADE OBJECTS - The Client will provide the location of underground utilities or obstructions to Magnum Engineering, Inc. who, in the prosecution of this work, will take precaution to avoid damage or injury to any such subterranean structure or utility. The Owner agrees to hold Magnum Engineering, Inc. harmless for any damages to subterranean structures which are not called to Magnum Engineering, Inc.'s attention and correctly shown on the plans furnished and will reimburse Magnum Engineering, Inc. for any expenses in connection with any claims or suits including reasonable attorney fees. 3.0 SAMPLE RETENTION - Magnum Engineering, Inc. will retain all soil samples for 30 days. Further storage or transfer of samples can be made at Client's expense upon written authorization. 4.0 STANDARD OF CARE - Service performed by Magnum Engineering, Inc. under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranty, expressed or implied, is made. 5.0 Client recognizes that subsurface conditions may vary from those encountered at the location where borings, surveys or explorations are made by Magnum Engineering, Inc. and that the data, interpretations and recommendations of Magnum Engineering, Inc. are based solely on the information available to it. Magnum Engineering, Inc. shall not be responsible for the interpretation by others of information developed. 6.0 ORAL AGREEMENTS - No oral agreement, guarantee, promise, representation or warranty shall be binding. 7.0 OWNERSHIP OF DOCUMENTS - All reports, boring logs, field data and notes, laboratory test data, calculations, estimates and other documents prepared by Magnum Engineering, Inc., as instruments of service, shall remain the property of Magnum Engineering, Inc. 8.0 BASIS OF PAYMENT - Payment is due within 30 days of date of invoice. Payments not made when due shall bear interest at the maximum rate allowed by law from the date of the invoice until same is paid. 8.1 If the Client fails to make payment due to Magnum Engineering, Inc. for service and/or expenses within 60 days of date of invoice, Magnum Engineering, Inc. may, after giving seven days written notice to the Client, suspend services until all outstanding amounts have been paid to Magnum Engineering, Inc. in full. Further, Magnum Engineering, Inc. may, in addition to withholding services, withhold reports, plans and other documents not paid in full by the Client. Page61 of719 8.2 In the event it is necessary to take legal action to effect collection, whether or not litigation is commenced, the Client agrees to reimburse Magnum Engineering, Inc. for expenses in connection with any claims or suits, including reasonable attorneys' fees. 9.0 DISPUTES - In the event that a dispute should arise relating to the performance of services provided under this Agreement, and that dispute results in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time, court costs, attorney's fees and other claim -related expenses. 10.0 INDEMNIFICATION - Magnum Engineering, Inc. agrees to hold harmless and indemnify the Client from and against liability arising out of Magnum Engineering, Inc.'s negligent performance of the work. The Client agrees to indemnify and hold Magnum Engineering, Inc. harmless from all liability including all costs, attorney's fees and expenses of defense for any claims by any other person or corporation which may arise out of the performance or breach of this contract for which Magnum Engineering, Inc. was not solely negligent. 11.0 LIMITATION OF LIABILITY - The Client/Owner agrees to limit Magnum Engineering, Inc . liability for negligent professional acts, errors, or omissions such that the total aggregate liability of Magnum Engineering, Inc. shall not exceed $50,000 or the total fee for the services rendered on this project, whichever is greater. The Owner further agrees to require the contractor and his subcontractors a similar limitation of liability suffered by the contractor or the subcontractor arising from Magnum Engineering, Inc. negligent professional acts, errors or omissions. 12.0 INSURANCE - Magnum Engineering, Inc. represents and warrants that it and its agents, staff and consultants employed by it are protected by Employer's Liability Insurance in conformance with applicable state laws. Magnum Engineering, Inc. has coverage under public liability and property damage insurance policies. A Certificate of Insurance can be supplied evidencing such coverage upon request. 12.1 Within the limits and conditions of such insurance, Magnum Engineering, Inc. agrees to indemnify and save the Client harmless from and against any loss, damage or liability arising from any negligent acts by Magnum Engineering, Inc. Magnum Engineering, Inc. shall not be responsible for any loss, damage or liability beyond the amounts, limits and considerations of such insurance. Magnum Engineering, Inc. shall not be responsible for any loss, damage or liability arising from any acts by the Client, its agents, staff and other consultants employed by it. 12.2 Cost of the above coverage is included in our quoted fees. If additional coverage of increased limits or liability are required, Magnum Engineering, Inc. will endeavor to obtain the requested insurance and charge separately for costs associated with additional coverage or increased limits. 13.0 TERMINATION - This Agreement may be terminated by either party upon seven days written notice in the event of substantial failure by the other party to perform in accordance with the terms thereof. Such terminating shall not be effective if the substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, Magnum Engineering, Inc. shall be paid for services performed prior to the termination notice date and shall be reimbursed for reasonable termination expenses. 13.1 In the event of termination or suspension for more than three months, prior to completion of all reports contemplated by this Agreement, Magnum Engineering, Inc. may complete a report on the services performed to the date of notice of termination or suspension. The expenses of termination or suspension shall include all direct costs for Magnum Engineering, Inc. in completing such analysis, records and reports. 14.0 ASSIGNS - Neither the Client or Magnum Engineering, Inc. may delegate, assign, sublet or transfer its duties or interest in this Agreement without the written consent of the other party. Page 62 of 719 Magnum Engineering, Inc. Geotechnical Engineering Consultants 429 Florida Avenue Lynn Haven, Florida 32444 _ % _., , AUTHORIZATION FORM CLIENT: ALDAY-HOWELL ENGINEERING, INC. PROJECT: W. FIELD AVENUE DEVELOPMENT GEOTECHNICAL SERVICES LOCATION: OKALOOOSA COUNTY, FLORIDA DATE: JULY 17, 2022 Our understanding of the scope of work is outlined in the cover letter included herein and the attached General Conditions. The signature below authorizes performance of work in the amount of $6,300.00 as described herein and does so on behalf of the Owner of the land in question and warrants he/she has authority to sign on behalf of the Owner. SIGNATURE: NAME AND TITLE: FIRM: DATE: NAME OF PROPERTY OWNER: Invoices should be directed as follows: FIRM NAME: ADDRESS: Person (s) authorized to order work: NAME: NAME: FIRM: FIRM: PHONE Ns:: PHONE No:: DISTRIBUTION: Any distribution in excess of four copies per report will be billed. All reports associated with this project should be distributed as follows: Fl ADDRESS 1. Page 63 of 719 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Action Item Item # 6.6. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Wayne Steele, Director of Operations 8/1/2022 Emergency Purchase of Top Tracer Range Net Extension BACKGROUND: The Toptracer Driving Range located at 4927 Antioch Rd Crestview, FL 32536, is part of the Blackwater Golf Course. The Blackwater Golf Range Powered by Toptracer is 240 yards long and 70 yards wide, which includes 14 bays for Toptracer play or the more traditional Golf Driving Range experience. There is 40 ft tall poles with netting used for controlling golf balls on the range. The poles and netting are located at each side and at the back or end of the range. DISCUSSION: After opening the Toptracer Range, it was discovered that some players were hitting the ball over the net in areas to the far left and back. Unfortunately, we have received many calls and complaints of balls hitting cars passing by on Antioch Road and balls causing damage to personal property of a resident who lives at 4979 Antioch Road. This home is located just north of the driving range.This seems to happen most frequently at the very back and far left of the range. In an effort to control or stop this from happening, limited flight balls were put in place and are now being used. This effort has helped but hasn't stopped balls from being hit over the net and causing damage to vehicles and property. To better control and stop balls from being hit over the net, City Staff and Great Life Golf Staff are proposing extending the net height 17 feet as described in the attached quote from Barry Gunn @ South Cover the same company who provided and replaced the original netting before opening the range. This work includes a 17' extension to the existing range poles and net on the back. This will bring the total net height to 57' above grade or ground. This work has an estimation of 7-8 days for installation, a 5 year warranty against defects in workmanship, with 2 weeks' delivery for steel and 3 weeks for netting. This fully installed option costs $43,275.00 GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Page 64 of 719 Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT There is an immediate need for this purchase due to a potential threat to health, welfare or injury. The total cost for materials and installation is $43,275.00 to be paid from undesignated fund balance. RECOMMENDED ACTION Staff respectfully requests approval to waive the competitive bid and to contract with South Cover in the amount of $43,275.00 to provide materials and labor as described in the attached quote. Attachments 1. Blackwater Country ClubBack of Range Extension and alternates 2022 2. SCityAdmin22072807200 Page 65 of 719 'S.* Ma 1999 www.southcover.net 21 Oak Ridge 770 317 5714 PH Winder Go 30680 770 586 0565 FX southcovernet©gmail.com Blackwater Country Steel Extensions on Back Range/Blackwater 17' extension to range and replacement of range net on back This will bring height to 57' above grade QUOTE:fw2022A Date:6/28/22 Replace existing net with new range net at 40' height Add extension of 17' atop of existing poles Use 3/4" steel bots and batten plate on drilled eye -beams at three points 12" apart I beam will be 4" x 4" web of .325 or thicker Cable 5/16" 91001b test wire rope at bottom top and 40' line Steel carabiners 4501b test for net attachment 18" on center 80'boom on site and crane truck for setting of beams Estimate 7-8 days for installation 5 year warranty against defects in workmanship Please allow 2 weeks for steel and 3 weeks for netting. City Demoes existing net and trees in back 10' from current net in vertical line to prevent growth into nets. $43,275.00 Turnkey Alternate Quote A Class 2 Pole Change class of equipment to larger digger derrick and crane, going from 60' poles in operations to 70' requires an equipment class change Pull existing poles and replace with wood 70' footer set at same depth All other materials as above except steel extensions Add 6 anchors 59' height City Demoes existing net and trees in back 10' from current net in vertical line to prevent growth into nets. $68,357.00 Alternate B 66' height Class 1 pole $81,532.00 Poles above 80'+OAL(68'-73' above grade) are very scare at this time but it is an option if the city is flexible on a timeline. Page 66 of 719 Either quotes does not include demo of old netting Not responsible for turf damage , South Cover will exercise care but cannot guarantee turf damage will occur. Regards, Barry L Gunn President Page 67 of 719 Wayne Steele From: Sent: To: Subject: ONE CITY ONE MISSION Judy Sickle Thursday, July 28, 2022 6:58 AM Wayne Steele _ FW: Sonja Fundis (618) 746-6713 gouftcAdit Risk Fisnerenent Specialist City of Ciestview AidAcklettkayorcrestveyom.org. office 854-6$2-1560 Ext 245 Fq Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public -records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. From: Crista Shepheard Sent: Tuesday, June 28, 2022 11:06 AM To: Judy Sickle Subject: FW: Sonja Fundis (618) 746-6713 From: Kellee Conner <connerk@cityofcrestview.org> Sent: Tuesday, June 28, 2022 9:54 AM To: Tim Bolduc <TimBolduc@cityofcrestview.org>; Wayne Steele <steele@cityofcrestview.org> Cc: Crista Shepheard <shepheardc@cityofcrestview.org> Subject: Sonja Fundis (618) 746-6713 Sonja called for the second time regarding the golf balls that hit her boat.! referred her to Brandon at Blackwater and she said she has spoken with him but he refers her back here. Not sure who this would go to but she would like someone to call her back to assure her that it will be addressed. Thanks so much and have a blessed day! 1 Page 68 of 719 Wayne Steele From: Judy Sickle Sent: Thursday, July 28, 2022 6:56 AM To: Wayne Steele Subject: FW: [CAUTION EXTERNAL SENDER] [EXTERNAL] CITY ONE MISSION T ONE ,-, oq4A4t g,4. Risk Management Specialist City of Crestview Judy ickleticayrfcrestvieavorg EffK4850-652-160 Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public -records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. From: Mykal Bailey <mykal.bailey@greatlifegolf.com> Sent: Friday, April 15, 2022 10:40 PM To: Tim Bolduc <TimBolduc@cityofcrestview.org> Cc: Jessica Leavins <leavinsj@cityofcrestview.org>; Brandon Martin <brandon.martin@greatlifegolf.com> Subject: Fw: [CAUTION EXTERNAL SENDER] [EXTERNAL] Hey guys. Sorry to say we've had another vehicle get their windshield broken. III attach Pictures and contact info here. They were pretty shook up but overall handled it okay. I believe it's a rental car as well, but they are local. Marissa Weatherly Phone: 850-281-2366 Email: mkdweatherlv@gmail.com Thanks, Mykal Bailey Head Golf Professional Assistant General Manager 1 Page 69 of 719 4 Page 70 of 719 Wayne Steele From: Judy Sickle Sent: Thursday, July 28, 2022 6:54 AM To: Wayne Steele Subject: FW: Vehicle hit by golf ball Attachments: IMG_3721 jpg; IMG_3720 jpg ONE jimfg-cidiG C1 T Risk Man4p.rnmt Specialist City of res ONE au JWdy5ickl�cdyraf�restvie vrg office 850-6S2-1560 MISSION NT Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public -records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. From: Wayne Steele Sent: Monday, June 27, 2022 5:43 PM To: Judy Sickle Cc: Tim Bolduc; Jessica Leavins Subject: Fwd: Vehicle hit by golf ball Get Outlook for iOS From: Brandon Martin <brandon.martin@greatlifegolf.com> Sent: Monday, June 27, 2022 5:01:12 PM To: Wayne Steele <steele@cityofcrestview.org> Subject: [CAUTION EXTERNAL SENDER] Vehicle hit by golf ball We unfortunately had another vehicle hit by a golf ball driving past the course on Antioch rd. The gentleman was very polite and easy to deal with. Here is his info : Robert Phillips cell - (850) 598-0565 1 Page 71 of 719 Page 72 of 719 Mykal Bailey Head Golf Professional Assistant General Manager Blackwater Golf Club On Jul 1, 2022, at 2:11 PM, Mykal Bailey<mykal.bailey@greatlifegolf.com> wrote: Hey guys. Another vehicle got hit this afternoon at around 12:50 on Antioch. Information is below: Black Mercedes J. Patrick Finley 912-655-5615 4940 Rose Crock Drive Cunningham, GA, 30040 Anything else you need from us please let us know Mykal Bailey Head Golf Professional Assistant General Manager Blackwater Golf Club "Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public -records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing." 668.6076 F.S. 4 Page 73 of 719 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Action Item Item # 6.7. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Kyle Lusk, Michael Criddle, Public Services Director 8/3/2022 Blackwater Lift Station Change Order BACKGROUND: The Blackwater Golf Course Lift Station Project was approved at the 9/13/2021 Council Meeting. The project is being constructed by Constantine Constructors as approved by council at the 2/28/2022 meeting. DISCUSSION: Constantine is installing the sewer force main along Antioch Road for the new lift station. For the Foxwood Estates Water System Conversion Project, the City must install a water line in the same location. To save time and money, we requesting the approval of a change order for Constantine to lay both lines at the same time. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City FINANCIAL IMPACT The change order is for $71,987.76 and will be part of the Foxwood Water Conversion Project's #0311 to be funded from water impact fees. RECOMMENDED ACTION Staff respectfully requests approval of the change order to keep both the Golf Course and Foxwood Estates projects on schedule. Attachments Page 74 of 719 1. Change Order Crestview Water Main Installation Page 75 of 719 Constantine Constructors, RC Constructors, RRC June 21, 2022 Seth Tatman, EIT Jacobs 25 W. Cedar Street, Suite 350 Pensacola, FL 32502 0 1988 Lewis Turner Blvd. Unit #3 Fort Walton Beach, FL 32547 O 850-833-6978 RE: Project No. D3553000 Blackwater Golf Club Lift Station and Force Main Project Additional Excavation and Boring for Water Main Installation Dear Mr. Tatman: The City of Crestview requested the following pricing for labor and a portion of the materials required to install a new 6" water main as shown in the Foxwood Estates Water System Conversion drawings. Scope of work and pricing as follows: • Tapping Saddles, Valves, Fittings, etc. (Fortiline)- • Labor & Material for Directional Bore 12" HDPE under Antioch Rd. (Cinch) - • Labor & Material for Directional Bore 6" HDPE under Gully Branch. (Cinch) - • CCL Labor to excavate and install water main pipe & Appurtenances. Repair Additional Asphalt.- • CCL Mark Up (15%) Total - $ 9,519.79 $ 10,000.00 $ 9,000.00 $ 34,000.00 $ 9,377.97 $ 71,897.76 To secure these prices from our vendors, please approve these costs as soon as possible. Should you have any questions, please call me at 850.797.1511 Page 76 of 719 Page 2 of 2 June 20, 2022 Sincerely, Constantine Constructors, LLC. Chad Eckhart Construction Manager Cc: Dave Marshall/CCL Kory Carter/Account Manager Page 77 of 719 Cinch Underground Inc. P. O. Box 690 Chipley, FL 32428 US (850)415-6416 jcookcinchug@gmail.co m Estimate ADDRESS David G. Marshall Constantine Constructors, Inc. 1988 Lewis Turner Blvd Fort Walton Beach, FL 32547 United States PROJECT NAME Foxwood Estates ACTIVITY CINCH Directional Bore 12 In. HDPE Directional Bore 12 in. HDPE Casing Under Antioch Rd at Fox Chase Way Estimated 60 LF would utilize 80 LF to meet required Depths 2-12" MJ Adapters If this is a bore under a State Road there will be an adder of $2000 to cover depth and off -duty law enforcement. Directional Bore 6 in HDPE Directional Bore 6" HDPE Water Line under Gully Branch would require 120 LF to accomplish 2- 6" MJ Adapters HDPE Fusion Fuse 12" HDPE to include MJ Adapters HDPE Fusion Fuse 6" HDPE to include MJ Adapters CINCH will provide the following: Labor Material Equipment MOT for CINCH Crews CINCH will NOT provide the following: Permitting of any kind Survey/Survey AsBuilts Updated 6/20 to reflect 6" waterline instead of 6" SSFM. ESTIMATE # 3090 DATE 06/03/2022 EXPIRATION 07/01/2022 DATE 8,500.00 8,500.00 1 7,500.00 7,500.00 1 1,500.00 1,500.00 1 1,500.00 1,500.00 Page 78 of 719 Thank you for choosing to accept a quote from Cinch Underground Inc. TOTAL We look forward to making your project a CINCH Project! Accepted By Accepted Date $19,000.00 Page 79 of 719 QUOTE 7E. FORTILINE ; WATERWORKS a MORSCO brand Due to the continued cost and supply challenges in the DUCTILE IRON PIPE, PVC and HDPE markets, the 1 pricing of these products will be based solely on the availability at the time of shipment. Also, given the volatility in these markets we will not be responsible for product availability and shipment delays, as they are 1 out of our control. Bid prices should be considered an estimate, materials will only be priced at time of shipment until the current supply chain challenges are resolved. These terms are in leu of our standard terms. 1 We appreciate your partnership. L 1 TOMER NO QUOTING BRANCH QUOTE NO QUOTE DATE PAGE 225710 FORTILINE PANAMA CITY CUSTOMER CONSTANTINE CONSTRUCTORS LLC 1988 LEWIS TURNER BLVD UNIT 3 FORT WALTON BEACH, FL 32547 6203466 5/17/22 PROJECT INFORMATION FOXWOOD ESTATES LINE QTY UOM DESCRIPTION UNIT PRICE TOTAL PRICE 20 30 40 50 60 70 100 110 120 130 140 150 170 180 190 210 220 230 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 3 3 3 2 2 4 EA EA EA EA ****************************** GIVEN THE CURRENT PRICING AND SUPPLY CHAIN CHALLENGES ALL MATERIAL WILL BE PRICED AT TIME OF SHIPMENT AND THE PRICES BELOW ARE TO BE USED AS AN ESTIMATE FOR BID PURPOSES ONLY ****************************** 10"X6" TAP 10X6 662 TAP SLV 10.73-11.13 662-10750600-000 SMB 6" MJXF GV 0/L A2361-19 L/ACC 461S VB COMP SCREW 18"X24" VLV BOX PROTECTOR RING ROUND CONCRETE 6" FLG KIT FF 1/8" RR 304SS 6" STAR GRIP PVC W/ACC 4000HDP Package Sub -total: 6"X6" TAP 6X6 662 TAP SLV 6.59-6.99 662-06630600-200 SMB 6" MJXF GV 0/L A2361-19 L/ACC 461S VB COMP SCREW 18"X24" VLV BOX PROTECTOR RING ROUND CONCRETE 6" FLG KIT FF 1/8" RR 304SS 6" STAR GRIP PVC W/ACC 4000HDP Package Sub -total: 6" CAP 6" MJ CAP C153 6" STAR GRIP PVC W/ACC 4000HDP Package Sub -total: 6" 45 6" MJ 45 C153 6" STAR GRIP PVC W/ACC 4000HDP Package Sub -total: 552.0000 650.0000 55.0000 25.0000 34.0000 72.0000 523.0000 650.0000 55.0000 25.0000 34.0000 72.0000 52.0000 72.0000 124.00 103.0000 72.0000 247.00 1,388.00 1,359.00 372.00 494.00 552.00 650.00 55.00 25.00 34.00 72.00 523.00 650.00 55.00 25.00 34.00 72.00 156.00 216.00 206.00 288.00 BIDCNEW ALL STOCK DELIVERIES ARE SUBJECT TO SHIPPING CHARGES All PVC and HDPE materia is quoted for shipment within 7 days of quote/bid date. All other material is quoted for shipment within 30 days of quote/bid date. After 7 days for PVC and HDPE or 30 days for all other material, ALL quoted prices are subject to review based on current market conditions. Page 80 of 719 CUSTOMER NO JOB NAME QUOTE NO QUOTE DATE PAGE 225710 FOXWOOD ESTATES 6203466 5/17/22 2 LINE QTY UOM DESCRIPTION UNIT PRICE TOTAL PRICE 250 260 270 290 300 310 320 330 360 370 380 390 400 410 420 2 2 6 EA EA 2 2 EA 2 EA 2 EA 4 EA 2 EA 1 EA 1 EA 1 EA 1 EA 3 EA 1 EA 6" TEE 6" MJ TEE C153 6" STAR GRIP PVC W/ACC 4000HDP Package Sub —total: 6" GATE VALVE 6" MJ GV 0/L A2361-23 L/ACC 461S VB COMP SCREW 18"X24" VLV BOX PROTECTOR RING ROUND CONCRETE 6" STAR GRIP PVC W/ACC 4000HDP Package Sub —total: 6" EOL HYDRANT 6" STAR GRIP PVC W/ACC 4000HDP 6" MJ GV 0/L A2361-23 L/ACC 461S VB COMP SCREW 18"X24" VLV BOX PROTECTOR RING ROUND CONCRETE 6X13 MJ ANC CPLG SWVXSOL C153 6" MJ REGULAR ACC LESS GLAND 5-1/4V0 HYD 3'6" 6MJ 0/L A423 RED L/ACC A423-502235 Package Sub —total: 182.0000 72.0000 398.00 650.0000 55.0000 25.0000 72.0000 874.00 72.0000 650.0000 55.0000 25.0000 207.0000 28.0000 1,575.0000 Subtotal: Tax: id Total: 364.00 432.00 796.00 1,300.00 110.00 50.00 288.00 1,748.00 144.00 650.00 55.00 25.00 207.00 84.00 1,575.00 2,740.00 8,897.00 622.79 9,519.79 ALL STOCK DELIVERIES ARE SUBJECT TO SHIPPING CHARGES All PVC and HDPE material is quoted for shipment within 7 days of quote/bid date. All other material is quoted for shipment within 30 days of quote/bid date. After 7 days for PVC and RIPE or 30 days for all other material, ALL quoted prices are subject to review based on current market conditions. Ent By TMP 5/17/22 18:52:07 BIDCNEW Page 81 of 719 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Action Item Item # 6.8. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Kyle Lusk, Michael Criddle, Public Services Director 8/3/2022 2022 Street Restriping BACKGROUND: Each year Public Services restripes sections of roadways. This year we have 5 areas on the list. DISCUSSION: This year we are restriping sections of Wilson St, Industrial Dr, Brookmeade Dr, W Redstone Ave, and E Redstone Ave. We are piggybacking off the County's contract with Emerald Coast Striping. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT This year's list of five roadway sections will cost $50,909.00 and will come from the street department's annual restriping budget. RECOMMENDED ACTION Staff respectfully requests approval of the Restriping Contract Emerald Coast Striping in the amount of$50,909.00. Page 82 of 719 Attachments 1. C21-3095-PW (4) county striping contract Page 83 of 719 CONTRACT, LEASE, AGREEMENT CONTROL FORM Date: 07/23/2021 Contract/Lease Control #: C21-3094-PW Procurement#: ITB PW 41-21 Contract/Lease Type: AGREEMENT Award To/Lessee: EMERALD COAST STRIPING, LLC Owner/Lessor: OKALOOSA COUNTY Effective Date: 10/01/2021 Expiration Date: 09/30/2024 W/2 1 YR RENEWALS Description of: MISC ROAD STRIPING SERVICES/THERMOPLASTIC & PAINTED PAVEMENT MARKINGS Department: PW Department Monitor: AUTREY Monitor's Telephone #: 850-689-5772 Monitor's FAX # or E-mail: JAUTREY@MYOKALOOSA.COM Closed: Cc: BCC RECORDS Page 84 of 719 PROCUREMENT/CONTRACT/LEASE INTERNAL COORDINATION SHEET Procurement/Contract/Lease Number:MI5 L -I / - Z j Tracking Number: �3ys r_� Procurement/Contractor/Lessee Name: e' i /d Coal'+ ranY1Funded: YES_ NO'L Purpose: Date/Term: q-50- L4 /..c/ rttq c&4' Department #: o� Account #: Lo Le Lip Amount: / 71 , S 0 Department: Pk) Dept. Monitor Name: I 72-e c. fr1 g/l Gj. 1. in- GREATER THAN $100,000 2. ❑ GREATER THAN $50,000 3. ❑ $50,000 OR LESS Purchasing Review Procurement or Contract/Lease requirements are met: a Mon_ Purchasing Manager or designee Date: Jeff Hyde, DeRita Mason, Jesica Darr, Angela Etheridge Approved as written: Grants Coordinator 2CFR Compliance Review (if required) Grant Name: Da e: Approved as written: Risk Manager or designee Risk Management Review lel/Veal Date: Lv-Q_ZJ Lisa Price Approved as written: County Attorney County Attorney Review Date: Lynn Hoshihara, Kerry Parsons or Designee 1p-17 Lf Department Funding Review Approved as written: Date: IT Review (if applicable) Approved as written: Date: Revised September 22, 2020 c -so v i "Page 85 of 719 DeRita Mason From: Kerry Parsons Sent: Thursday, June 17, 2021 3:31 PM To: DeRita Mason; Robert Vandenbroeck Cc: Lynn Hoshihara Subject: Re: Emerald Coast Striping Draft Contract 41-21 This is approved for legal purposes. Kerry A. Parsons Chief Assistant County Attorney Okaloosa County, Florida From: DeRita Mason Sent: Thursday, June 17, 2021 3:09:40 PM To: Robert Vandenbroeck Cc: Kerry Parsons; Lynn Hoshihara Subject: RE: Emerald Coast Striping Draft Contract 41-21 Thank you, Kerry, please let me know if the attached is approved as updated. DeRita Mason DeRita Mason, CPPB, NIGF-CPP Senior Contracts and Lease Coordinator Okaloosa County Purchasing Department 5479A Old Bethel Road Crestview, Florida 32536 (850) 689-5960 dmasonic myokaloosa.com "Please note: Due to Florida's very broad public records laws, most written communications to or from County employees resarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure." 1 Page 86 of 719 DeRita Mason From: Lisa Price Sent: Wednesday, June 9, 2021 1:56 PM To: DeRita Mason Subject: RE: Emerald Coast Striping Draft Contract 41-21 This is approved for insurance purposes. The second attachment doesn't have the ins in it, but the 1st does. Lisa Price Risk Management Public Records & Contracts Specialist 302 N Wilson Street, Suite 301 Crestview, FL. 32536 (850) 689-5979 1price(a)myokaloosa.com "We are forever indebted to those who have given their lives that we might be free." Ronald Reagan For all things Wellness please visit: http:Uwww.myokaloosa.coni/wellness Due to Florida's very broad public records laws, most written communications to or from county employees regarding county business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. From: DeRita Mason <dmason@myokaloosa.com> Sent: Wednesday, June 9, 2021 8:53 AM To: Lynn Hoshihara <Ihoshihara@myokaloosa.com> Cc: Kerry Parsons <kparsons@myokaloosa.com>; Lisa Price <Iprice@myokaloosa.com> Subject: Emerald Coast Striping Draft Contract 41-21 Good morning, Please review and approve. Thank you, 1 Page 87 of 719 State of Florida June 4, 2021 Board of County Commissioners Purchasing Department OKALOOSA COUNTY PURCHASING DEPARTMENT NOTICE OF AWARD ITB PW 41-21 Okaloosa County would like to thank all businesses that submitted bids to Miscellaneous Road Striping Services/Thermoplastic & Painted Markings. (ITB PW 41-21) After an in-depth examination of all responses and in accordance with the County's Purchasing Manual, the County announces its intent to award the contract to the following: Emerald Coast Striping, LLC 1901 N. East Avenue Panama City, FL 32401 Any person/entity desiring to file a procurement protest must meet all the standards and criteria in accordance with Section 31 of the Okaloosa County Purchasing Manual. Failure to file a protest within the time prescribed in Section 31.02 of the Okaloosa County Purchasing Manual, shall constitute a waiver of protest proceedings. Respectfully, 01 t for Jeff e Hy de Mason y Purchasing Manager 5479,4 Old Bethel Road, Crestview, FL 32536 Voice: (850) 689-5960 Fax: (850) 689-5970 Page 88 of 719 DIVISION Of CORPORATIONS org t 7.,,,,,ottuaiwuoftaikkh iw 'Affff 411 _3f/Ii!% ti/ Ff'rr;tt ,I,?17 e D_pariment of State ! Division of Corporations / Search Records / Search py Nerneer / Detail by FEI/EIN Number Florida Limited Liability Company EMERALD COAST STRIPING, LLC Filing Information Document Number L07000050307 FEI/EIN Number 20-8743994 Date Filed 05/10/2007 State FL Status ACTIVE Principal Address 1901 N. East Ave PANAMA CITY, FL 32405 Changed: 04/18/2014 Mailing Address 1901 N. East Ave PANAMA CITY, FL 32405 Changed: 04/18/2014 Registered Agent Name & Address BENSE, ALLAN G 1405 BEACH DRIVE PANAMA CITY, FL 32401 Name Changed: 09/16/2010 Address Changed: 11/10/2010 Authorized Person(a) Detail Name & Address Title MGRM BENSE, JASON 306 Meadowood Ct. Lynn Haven, FL 32444 Title MGRM BENSE. ALLAN Page 89 of 719 1405 W. BEACH DRIVE PANAMA CITY, FL 32401 Title Authorized Member Neville, Patrick J 1230 W. Beach Dr. Panama City, FL 32401 Title Authorized Member Gerrell, Eli C 565 East Ivan Rd Crawfordville, FL 32327 Annual Reports Report Year Filed Date 2019 03/20/2019 2020 03/18/2020 2021 03/23/2021 Document Images 03/23/2021 -- ANNUAL REPORT 03/18/2020 -- ANNUAL REPORT 03/20/2019 -- ANNUAL REPORT 02/07/2015 -- ANNUAL REPORT 01/10/2017 — ANNUAL REPORT 03/30/2016 -- ANNUAL REPORT 05/01/2015 -- ANNUAL REPORT 04/18/2014 -- ANNUAL REPORT 04/29/2013 -- ANNUAL REPORT 01/04/2012 -- ANNUAL REPORT 04/27/2011 -- ANNUAL REPORT 11/10/2010 -- Reg. Agent Change 09/16/2010 -- ANNUAL REPORT 05/01/2009 -- ANNUAL REPORT 04/28/2008 — ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format 05/10/2007 -- Florida Limited Liability View image in PDF format Page 90 of 719 ACORii CERTIFICATE OF LIABILITY INSURANCE 4ii..-.----- DATE(MMIDD/YYYY) 6/18/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Acentria Insurance - Brown Insurance Services 1418 W 23rd Street, #200 Panama City FL 32405 CONTACT NAME: Cory Chandler wcDN�..Exu; 850-215-5346 FAX . Not: 850-215-5360 ADDREss: cory.chandler@acentria.com INSURERS) AFFORDING COVERAGE NAIC 0 INSURER A : Southem-Owners Insurance Company 10190 INSURED EMERCOA-65 Emerald Coast Striping , LLC 1901 N East Avenue Panama City FL 32405 INSURER B Auto -Owners Insurance Company 18988 INSURERC: Insurance Company Pa Y of the WeSt 27847 INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 984627599 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL SUER POLICY NUMBER POLICY EFF MM/ODIYYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIALGENERAL LIABILITY Y Y 78238326 12/31/2020 12/31)2021 EACH OCCURRENCE 51,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADM INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES PE COT- PER' GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG 52,000,000 $ B AUTOMOBILE X X LIABILITY ANY AUTO OWNED X Xy SCHEDULED AUTOS NON -OWNED AUTOS ONLY 4997153300 12)31/2020 12/31/2021 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) 5 BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ PIP $10,000 A X UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE 4998238200 12/31/2020 12/31/2021 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED RETENT ON $ $ c WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNERJEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes. describe under DESCRIPTION OF OPERATIONS below Y 1 N Y --' NIA Y WFL503128905 9/22/2020 9/22/2021 X STATUTE ERTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Inland Marine 78241236 12/31/2020 12)31/2021 Leased/Rented Physical Damage 5250,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached i1 more space is required) Miscellaneous Road Striping Services/Thermoplastic & Painted Pavement Markings RFB Number: RFB PW 57-17 Certificate holder and their respective agents, consultants. servants and employees when required by written contract are included as additional insured on a primary non-contributory basis in respects to the General Liability & Commercial Auto policies. The General Liability policy includes products and completed operations to the additional insureds. Umbrella policy follows underlying policies scheduled on this certificate. Notice of cancellation 30 days - General Liability & Commercial Auto CERTIFICATE HOLDER Okaloosa County Board of County Commissioners 5479A Old Bethel Rd Crestview FL 32536 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE C H. © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 91 of 719 AGREEMENT BETWEEN OKALOOSA COUNTY, FLORIDA AND EMERALD COAST STRIPING, LLC CONTRACT ID THIS AGREEMENT (hereinafter referred to as the "Agreement") is made this 20t11 , day of July , 2021, by and between Okaloosa County, a political subdivision of the state of Florida, (hereinafter referred to as the "County"), with a mailing address of 1250 N. Eglin Parkway, Suite 100, Shalimar, Florida, 32579, and Emerald Coast Striping, LLC, a Florida Limited Liability Company, whose address is 1901 N. East Avenue, Panama City, FL 32401 authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 20-8743944. RECITALS WHEREAS, the County is in need of a contractor to provide Miscellaneous Road Striping Services Thermoplastic & Painted Pavement Markings; and WHEREAS, pursuant to the Okaloosa County Purchasing Manual, the County obtained written quotes from contractors to perform these Services. A copy of Contractor's proposal is included as Attachment "A"; and WHEREAS, Contractor is a certified and insured entity with the necessary experience to provide the desired Services; and WHEREAS, the County wishes to enter into this Agreement with Contractor to provide the Services to the County per job order based on prices listed in Attachment "A", as further detailed below. NOW THEREFORE, in consideration of the promises and the mutual covenants herein, the parties agree as follows: 1. Recitals and Attachments. The Recitals set forth above are hereby incorporated into this Agreement and made part hereof for reference. The following documents are attached to this Agreement and are incorporated herein. Attachment "A" Attachment "B" Attachment "C" — Attachment "D" — Contractor's Proposal; — Insurance Requirements; Title VI list of pertinent nondiscrimination acts and authorities; — Vendors on Scrutinized List 2. Services. Contractor agrees to perform the following services: Miscellaneous Road Striping Services Thermoplastic & Painted Pavement Markings. The Services to be provided are further detailed in the Contractor's proposal attached as Attachment "A" and incorporated herein by reference. The Services shall be performed by Contractor to the full satisfaction of the County. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the County's needs and pursuant to the terms of this Agreement and shall report to the County accordingly. Contractor agrees to immediately inform the County via telephone and in writing of any problems that could cause damage to the County. Contractor CONTRACT#: C21-3094-PW EMERALD COAST STRIPING, LLC MISC ROAD STRIPING SERVICES/ THERMOPLASTIC & PAINTED PAVEMENT MARKINGS EXPIRES: 09/30/2024 W/2 1 YR RENEWALS Page -92 of 719 will require its employees to perform their work in a manner befitting the type and scope of work to be performed. 3. Timing of work. The contractor will be instructed by the Public Works Department to begin a project, they will be provided the list of previously approved roads to complete in a required amount of time. The pricing will be based on the terms of the contract. 4. Term and Renewal. The contract resulting from this solicitation shall commence on October 1, 2021 and extend through September 24, 2024 to ensure payment of all invoices. The contract may be renewed for two (2) one (1) year renewals upon approval in writing by both parties. I. Compensation. The Contractor agrees to provide the Services to the County, including materials and labor, per job order based on prices listed in Attachment "A", as further detailed below a. Contractor shall submit an invoice to the County upon receipt of invoice following the prompt payment act. The invoice shall indicate that all services have been completed for that invoice period. In addition, Contractor agrees to provide the County with any additional documentation requested to process the invoices. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating County Department. Payment will be disbursed as set forth above. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned by the County after execution of this Agreement. Invoices will be paid in accordance with the State of Florida Local Government Prompt Payment Act. c. Availability of Funds. The County's performance and obligation to pay under this Agreement is contingent upon annual appropriation for its purpose by the County Commission. Contractor shall make no other charges to the County for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expenses or cost is incurred by Contractor with the prior written approval of the County. If the County disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with the Contractor. Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 2. Ownership of Documents and Equipment. All documents prepared by the Contractor pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the County only. Any other use by Contractor or other parties shall be approved in writing by the County. If requested, Contractor shall deliver the documents to the County within fifteen (15) calendar days. 3. Insurance. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the minimum insurance coverage required as set forth in Attachment "B" attached hereto and incorporated herein, to protect the County and Contractor against all loss, claims, damages and liabilities caused by Contractor, its agents, or employees. Page 93 of 719 4. Termination and Remedies for Breach. a. If, through any cause within its reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the County shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the County shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor thirty (30) days to cure such default. If the default remains uncured after thirty (30) days the County may terminate this Agreement, and the County shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, refuses or is unable to perform any term of this Agreement, County shall pay for services rendered as of the date of termination. i. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub -Contractor (s)) shall be delivered to the County and the County shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Section 4 herein. ii. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the County for damages sustained by it by virtue of a breach of the Agreement by Contractor and the County may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the County from the Contractor is determined. b. Termination for Convenience of County. The County may, for its convenience and without cause immediately terminate the Services then remaining to be performed at any time by giving written notice. The terms of Section 7 Paragraphs a(i) and a(ii) above shall be applicable hereunder. c. Termination for Insolvency. The County also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. d. Termination for failure to adhere to the Public Records Law. Failure of the Contractor to adhere to the requirements of Chapter 119 of the Florida Statutes and Section 9 below, may result in immediate termination of this Agreement. 5. Governing Law, Venue and Waiver of Jury Trial. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the First Judicial Circuit in and for Okaloosa County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. hi the event it becomes necessary for Page 94 of 719 the County to file a lawsuit to enforce any term or provision under this Agreement, then the County shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the County pursuant to Section 768.28, Florida Statutes. 6. Public Records. Any record created by either party in accordance with this Contract shall be retained and maintained in accordance with the public records law, Florida Statutes, Chapter 119. Contractor must comply with the public records laws, Florida Statute chapter 119, specifically Contractor must: a. Keep and maintain public records required by the County to perform the service.. b. Upon request from the County's custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119 Florida Statutes or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. d. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the contractor or keep and maintain public records required by the County to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining the public records. All records stored electronically must be provided to the public agency, upon the request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT OKALOOSA COUNTY RISK MANAGEMENT DEPARTMENT 302 N. WILSON ST. CRESTVIEW, FL 32536 PHONE: (850) 689-5977 ris °nfo(& yokaloosa.co . 7. Audit. The County and/or its designee shall have the right from time to time at its sole expense to audit the compliance by the Contractor with the terms, conditions, obligations, limitations, restrictions, and requirements of this Contract and such right shall extend for a period of three (3) years after termination of this Contract. Page 95 of 719 8. Notices. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the County: Jason Autrey, Director 1759 S. Ferdon Blvd Crestview, FL 32536 850-689-5772 jautrey@myokaloosa.com With a copy to: County Attorney Office 1250 N. Eglin Pkwy, Suite 100 Shalimar, FL 32579 (850) 224-4070 If to the Contractor: Aric Bailey -Operations Manager Emerald Coast Striping, LLC 1901 N. East Avenue Panama City, FL 32401 aric@ecstriping.com 850-215-4875 9. Assignment. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. If Contractor does, with approval, assign this Agreement or any part thereof', it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 10. Subcontracting. Contractor shall not subcontract any services or work to be provided to County without the prior written approval of the County's Representative. The County reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor and to inspect all facilities of any subcontractors in order to make a determination as to the capability of the subcontractor to perform properly under this Agreement. The County's acceptance of a subcontractor shall not be unreasonably withheld. The Contractor is encouraged to seek minority and women business enterprises for participation in subcontracting opportunities. Additionally, any subcontract entered into between the Contractor and subcontractor will need to be approved by the County prior to it being entered into and said agreement shall incorporate in all required terms in accordance with local, state and Federal regulations. 11. Civil Rights. The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and subcontractors from the formal quote solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. 12. Compliance with Nondiscrimination Requirements. During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest, agrees as follows: Page 96 of 719 a. Compliance with Regulations: The Contractor will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated and attached hereto as Attachment "C". b. Nondiscrimination: The Contractor, with regard to the work performed by it during the Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. c. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. d. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the County or other governmental entity to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the County or the other governmental entity, as appropriate, and will set forth what efforts it has made to obtain the information. e. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non-discrimination provisions of this contract, the County will impose such contract sanctions as it or another applicable state or federal governmental entity may determine to be appropriate, including, but not limited to: a. Withholding payments to the Contractor under the Agreement until the Contractor complies; and/or b. Cancelling, terminating, or suspending the Agreement, in whole or in part. f. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the County may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the County to enter into any litigation to protect the interests of the County. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. Page 97 of 719 13. Compliance with Laws. Contractor shall secure any and all permits, licenses and approvals that may be required in order to perform the Services, shall exercise full and complete authority over Contractor's personnel, shall comply with all workers' compensation, employer's liability and all other federal, state, county, and municipal laws, ordinances, rules and regulations required of an employer performing services such as the Services, and shall make all reports and remit all withholdings or other deductions from the compensation paid to Contractor's personnel as may be required by any federal, state, county, or municipal law, ordinance, rule, or regulation. 14. Conflict of Interest. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which could conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 15. Independent Contractor. Contractor enters into this Agreement as, and shall continue to be, an independent contractor. All services shall be performed only by Contractor and Contractor's employees. Under no circumstances shall Contractor or any of Contractor's employees look to the County as his/her employer, or as partner, agent or principal. Neither Contractor, nor any of Contractor's employees, shall be entitled to any benefits accorded to the County's employees, including without limitation worker's compensation, disability insurance, vacation or sick pay. Contractor shall be responsible for providing, at Contractor's expense, and in Contractor's name, unemployment, disability, worker's compensation and other insurance as well as licenses and permits usual and necessary for conducting the services to be provided under this Agreement. 16. Third Party Beneficiaries. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. 17. Indemnification and Waiver of Liability. The Contractor agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the County, its agents, representatives, officers, directors, officials and employees from and against claims, damages, losses and expenses (including but not limited to attorney's fees, court costs and costs of appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts, errors, mistakes or omissions relating to professional Services performed under this Agreement. The Contractor's duty to defend, hold harmless and indemnify the County its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to Services in the performance of this Agreement including any person for whose acts, errors, mistakes or omissions the Contractor may be legally liable. The parties agree that l'EN DOLLARS ($10.00) represents specific consideration to the Contractor for the indemnification set forth herein. The waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of the County to enforce any of the Page 98 of 719 provisions hereof shall not be construed to be a waiver of the right of the County thereafter to enforce such provisions. 18. Taxes and Assessments. Contractor agrees to pay all sales, use, or other taxes, assessments and other similar charges when due now or in the future, required by any local, state or federal law, including but not limited to such taxes and assessments as may from time to time be imposed by the County in accordance with this Agreement. Contractor further agrees that it shall protect, reimburse and indemnify County from and assume all liability for its tax and assessment obligations under the terms of the Agreement. The County is exempt from payment of Florida state sales and use taxes. The Contractor shall not be exempted from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the County, nor is the Contractor authorized to use the County's tax exemption number in securing such materials. The Contractor shall be responsible for payment of its own and its share of its employees' payroll, payroll taxes, and benefits with respect to this Agreement. 19. Prohibition Against Contracting with Scrutinized Companies. Pursuant to Florida Statutes Section 215.4725, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the County's option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the County's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment "D". Submitting a false certification shall be deemed a material breach of contract. The County shall provide notice, in writing, to the Contractor of the County's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the County's determination of false certification was made in error, then the County shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 215.4725. 20. Inconsistencies and Entire Agreement. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any attachment attached hereto, any document or events referred to herein, or any document incorporated into this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained in any other document or attachment, including but not limited to Attachments "A", "B", "C", and "D". 21. Severability. If any term or condition of this Contract shall be deemed, by a court having appropriate jurisdiction, invalid or unenforceable, the remainder of the terms and conditions of this Contract shall remain in full force and effect. This Contract shall not be more strictly construed against Page 99 of 719 either party hereto by reason ol'the fa and provisions hereof. th• one party may have drafted or prepared any or all the terms 22. Entire Agreement. This Agreement contains the entire agreement of'the parties, and may be amended, waived, changed, modified, extended or rescinded only by in writing signed by the party against whom any such amendment, waiver, change, n1odification, extension and'or rescission is sought. 23. Representation of ,'Authority to Contractor/Signatory. The individual signing this Agreement on behalf of Contractor represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. The signatory represents and warrants to the County that the execution and delivery ot'this Agreement and the performance of the Services and obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on the Contractor and en(Orceahle in accordance with its terms. IN WITNESS WHEREOF. the parties hereto have executed this Agreement in duplicate on the day and year first written above. EMERALD COAST STRIPING, L.L,C': <ignature r.,. 042,'c t `, Printed Name ()KAL ()SA COI; 5 "4', 'LORII)A BY: Caro lr°it "v. Kett 1, Chairman Page 100 of 719 Attachment "A" Bid from Vendor Page 101 of 719 INVITATION TO BID (ITB RESPONDENT'S ACKNOWACKNOWLEDGEMENT ITB TITLE: Miscellaneous Road Striping Se es/Therrt oplastic & ITB PW 41-21 Painted Markings ITB NUMBER: ISSUE DATE: May 3. 2021 LAST DAY FOR OUESTIONS: May 14. 2021 3:00 P.M. cst ITB OPENING DATE & TIME: May 26 2021 3:00 P.M. cst NOTE: BIDS RECEIVED AFTER THE BID OPENING DATE & TIME WILL NOT BE CONSIDERED. Okaloosa County, Florida solicits your company to submit a bid on the above referenced goods or services. Ail terms, specifications and conditions set forth in this ITB are incorporated into your response. A bid will not be accepted unless all conditions have been met. All bids must have an authorized signature in the space provided below. All envelopes containing sealed bids must reference the "FTB Title", "ITB Number" and the "ITB Opening Date & Time". Okaloosa County is not responsible for lost or late delivery of bids by the U.S. Postal Service or other delivery services used by the respondent. Neither faxed nor electronically submitted kids will be accepted. Bids may not be withdrawn for a period of sixty (60) days after the bid opening unless otherwise specified. RESPONDENT ACKNOWLEDGEMENT FORM BELOW MUST BE COMPLETED, SIGNED, AND RETURNED AS PART OF YOUR BID. BIDS VVILL NOT BE ACCEPTED WITHOUT THIS FORM, SIGNED BY AN AUTHORIZED ,GENT OF THE RESPONDENT. COMPANY NAME MAILING ADDRESS c rry, SB ATE, ZIP FEDERAL EMPLOYER TELEPHONE NUMBER: EMAIL: 1 C, d 1`I € ,LifiAtA,e RATION NUMBER (FEIN) I CERTIFY THAT THIS i ll) IS MADE WITHOUT PRIOR UNDERSTANDING, AGREEMENT, OR CONNECTION WITH ANY OTHER RESPONDENT SUBMITTING A 1i.) FOR THE SAME MATERIALS, SUPPLIES, EQUIPMENT OR SERVICES, AND IS IN ALL RESPECTS FAIR AND WITHOUT COLLUSION, R FRAUD. I AGREE TO ABIDE BY ALL TERMS AND CONDITIONS OF THIS BID AND CER'ni THAT I AM AI -BO ED 'TO SI 1 I}FOR THE RESPONDENT. . AUTHORIZED SIGNATURE TITLE TYPED OR PRINTED NAIu E DATE S. 1860, Rev: Sep ber 2?, 201.5 Page 102 of 719 NOTICE TO RESPONDENTS ITB PW 41-21 Miscellaneous Road Striping Services/Thermoplastic Painted Markings Notice is hereby given that the Board of County Commissioners of Okaloosa County, FL, will accept sealed bids until 3:00 p.m. (CST) May 26, 2021, for the Miscellaneous Road Striping Services/Thermoplastic & Painted Markings. Interested respondents desiring consideration shall provide one (1) original and two (2) copies (total of 3) of their invitation to Bids (ITB) response with the respondent's areas of expertise identified. Submissions shall be portrait orientation, unbound, and 8 '/7" x 11" where practical, All originals trust have original signatures in blue i Bid documents are available for download by accessing the following sites: it 1 r ,tr ok4tloc safizo:t ..h€drtetfliae .t.r n 2,110 MC °,demandst t 7 uppi'Lr,l i t 45 1- ear l< pis ? 4: At 3:00 p.m. CST May 26, 2021 all bids will be submitted will be opened and read aloud. All bids must be in sealed envelopes reflecting on the outside thereof the Respondent's name and "Miscellaneous Road Striping Services/Thermoplastic & Painted Markings". The County will consider all bids properly submitted at its scheduled bid opening in the Okaloosa County Purchasing Department located at 5479A Old Bethel Rd., Crestview, FL 32536, of delivering on the bid opening day, delivery must be in person to 5479A Old Bethel Rd, Crestview, FL 32536. The County reserves the right to award the bid to the lowest responsive respondent and to waive any irregularity or technicality in bids received. Okaloosa County shall be the sole judge of the bid and the resulting Agreement that is in its best interest and its decision shall be final. Any Respondent failing to mark outside of the envelope as set forth herein may not be entitled to have their bid considered. All bids should be addressed as folio s: Miscellaneous Road Striping Services/Thermoplastic & Painted Markings ITB PW 41-21 Okaloosa County Purchasing Department 5479A Old Bethel Rd. Crestview FL 32536 Jeffrey Hyde Date Purchasing Manager OKALOOSA COUNTY .BOARD OF COUNTY COMMISSIONERS CAROLY N. KETCHEL, CHAIRMAN Page 103 of 719 BID REQUIREMENTS ITB PW 42-21 Miscellaneous Road Striping Services/Thermoplastic & Painted Markings Specifications The purpose of this document is to secure sealed bids for Miscellaneous Road Striping/Re-Striping Unit Price Contract for Okaloosa County roadways. 1.0 Scone of Work 1.1 The scope of work will include, but not be limited to, all field layout, furnishing all equipment, labor, materials, including maintenance of traffic required to complete an application of pavement markings, either Thermoplastic or Painted, in accordance with accepted 2021 FDOT Road & Bridge Standard Specifications and in substantial conformance with the limits established by Okaloosa County Public Works. There is no annual guarantee of work volume. The contract will not preclude the County from seeking alternate contracts on a case by case basis for new construction and existing facilities. The County reserves the right to award to more than once vendor. The contract resulting from this solicitation shall commence no earlier than October 1, 2021 and remain in effect until September 30, 2024. This contract may be renewed for two (2) additional one (1) year periods if mutually agreed upon by both parties. 1.2 The contractor shall supply all material including, but not limited to, raised retro-reflective pavement markers and bituminous adhesive, waterborne paint, fast dry solvent paint, glass spheres, sand (anti -slip), and thermoplastic pavement markings. The contractor shall also be responsible for providing all labor, equipment, fuel, traffic control, and placement of signs. All materials shall be listed on the FDOT Qualified Products List (QPL) and meet their respective requirements. 1.3 Okaloosa County will compile a list of roads to be re -striped on an annual basis and submit to the Board of County Commissioners for approval prior to submitting the list to the contractor. 2.0 Painted Pavement Markings 2.1 Equipment: Use Equipment that will produce continuous uniform dimensions of pavement markings of various widths and meet the following requirements: a) Capable of traveling at a uniform, predetermined rate of speed, both uphill and downhill, in order to produce a uniform application of paint and capable of following straight lines and making normal curves in a true arc. b) Capable of applying glass spheres to the surface of the completed stripe by an automatic sphere dispenser attached to the striping machine such that the glass spheres are dispensed closely behind the installed line. Use a glass sphere dispenser equipment with an automatic cut-off control that is synchronized with the cut-off of the traffic paint and Page 104 of 719 applies the glass spheres in a manner such that the spheres appear uniform on the entire pavement markings surface with, 50% to 60% embedment. c) Capable of spraying the paint to the required thickness and width without thinning of the paint. Equip the paint tank with nozzles equipped with cut-off valves, which will apply broken or skip lines automatically. 2.2 Application 2.2.1 General: Before applying traffic striped and markings, remove any material by method approved by the County that would adversely affect the bond of the traffic stripes. Apply traffic stripes and markings only to dry surfaces, and when the ambient air and surface temperature is a least 40 degrees Fahrenheit and rising. Do not apply traffic stripes and markings when winds are sufficient to cause spray dust. Apply traffic stripes and markings, having well defined, edges, over existing pavement markings such that not more than 2 inches on either end and not more than 1 inch on either side is visible. Mix the paint thoroughly prior to pouring into the painting machine. Apply paint to the pavement by spray or other means approved by the County. Upon request, conduct field testing in accordance with FDOT FM 5-541 and 5-579. Remove and replace traffic stripes and markings not meeting the requirements of this Section at no additional cost to the County. 2.2.2 Final Surface: Painted pavement markings (final surface) will include two applications of Painted Pavement Markings and one application of retro-reflective pavement markers applied to the final surface. Wait at least 14 days after the first application to apply the second application of Painted Pavement Markings (final surface). Second application must be applied prior to final acceptance of the project (new construction projects only). Apply all retro-reflective pavement markers meeting the requirements of Section 706 of the FDOT Standards Specifications for Road and Bridge Construction. 2.2.3 Thickness: Apply paint to attain a minimum wet film thickness in accordance with the manufacturer's recommendations. 2.2.4 Retro-reflectivity: Apply white and yellow pavement markings that will attain an initial retro-reflectance of not less than 300 mcd/lx*m2 and not less than 250 mcd/lx*m2, respectively. The County reserves the right to test the markings within 3 days of receipt of the Contractor's certification. Failure to afford the County opportunity to test the markings will result in non- payment. The test readings should be representative of the Contractor's striping performance. If the retro-reflectivity values measure below values shown above, reapply the striping at no additional cost to the County. 2.2.5 Color: Use paint material that meets the requirements of FDOT Section 971-1. Page 105 of 719 2.2.6 Glass Spheres: Apply glass spheres on all pavement markings immediately and uniformly following the paint applications. The rate of application shall be based on the manufacturer's recommendation. 2.2.7 Tolerances in Dimensions and in Alignment: Establish tack points at appropriate intervals for use in aligning stripes, and set a string -line from such points to achieve accuracy. 3.0 Dimensions 3.1 Longitudinal Lines: Apply painted skip line segments with no more than +/- 12 inches variance, so that over -tolerance and under -tolerance lengths between skip line and the gap will approximately balance. Apply longitudinal lines at least 2 inches from construction joints of Portland cement concrete pavement. 3.2 Transverse Markings, Gore Markings, Arrows, and Messages: Apply paint in multiple passes when the marking cannot be completed in one pass, with an overall line width allowable tolerance of +/- 1 inch. 3.3 Alignment:, Apply painted stripes that will not deviate more than I inch from the string -line on tangents and curves one degree or less. Apply painted stripes that will not deviate more than 2 inches from the string -line on curves greater than one degree. Apply painted edge stripes uniformly, not less than 2 inches or more than 4 inches from the edge of pavement, without noticeable breaks or deviations in alignment or width. Remove and replace at no additional cost to the County traffic stripes that deviate more than the above stated requirements. 3.4 Correction Rates: Make corrections of variations in width at a maximum rate of 10 feet for each .5 inches of correction. Make corrections of variations in alignment at a maximum rate of 25 feet for each 1 inch of correction, return to the string -line. 3.5 Contractor's Responsibility for Notification: Notify the County prior to the placement of the materials. Furnish the County with the manufacturer's name and batch numbers of the materials and glass spheres to be used. Ensure that the approved batch numbers appear on the materials and glass spheres packages. 3.6 Protection of Newly Painted Pavement Markings: Do not allow traffic onto or permit vehicles to cross newly applied pavement markings until they are sufficiently dry. Remove and replace any portion of the pavement markings damaged by passing traffic or from any other cause, at no additional cost to the County. 3.7 Corrections for Deficiencies to Applied Painted Pavement Markings: Reapply a 1.0 mile section centered around any deficiency, at no additional cost to the County. Page 106 of 719 4.0 Submittals 4.1 Submittal Instructions: Prepare a certification of quantities, using the County's current approved form, for each project in the contract. Submit the certification of quantities and daily worksheets to the County/Project Manager. The County will not pay for any disputed items until the County/Project Manager approves the certification of quantities. 4.2 Contractor's Certification of Quantities: Request payment by submitting a certification of quantities upon completion of work in the respective location/district, or as directed by the County, based on the amount of work done or completed. Ensure the certification of quantities consists of the following: a) The basis for arriving at the amount of the progress certification, less payments previously made and less any amount previously retained or withheld. The basis will include a detailed breakdown provided on the certification of items of payment. 4.3 Method of Measurement: The quantities to be paid for under this Section will be as follows: a) The length, in net miles of a 6 inch Solid Traffic Stripe, authorized and acceptably applied. b) The total traversed distance in gross miles of 10-30 or 3-9 skip line. The actual applied line is 25% of the traverse distance for a 1:3 ratio. This equates to 1,320 feet of marking per mile of single line. c) The net length, in fee, of each of all other types of lines and stripes, authorized and acceptably applied. d) The number of pavement messages, symbols, and directional arrows, authorized and acceptably applied. e) Lump Sum, as specified in FDOT Section 710-4.1.1 when the item for Painted Pavement Markings (final surface) is included in the proposal. The net length, in feet of dotted and skip striped other than 10-30 and 3-9 will be measured as the distance from the beginning of the first painted stripe to the end of the last painted stripe with proper deductions made for unpainted intervals as determined by plan dimensions or stations. Unpainted intervals will not be included in pay quantity. The gross -mile measurement of 10-30 and 3-9 Skip Traffic Stripes will be taken as the distance from the beginning of the first painted stripe to the end of the last painted stripe, and will include the unpainted intervals. It will not include any lengths of unpainted intervals which, by design or by other intent of the County, are greater than 30 feet. Page 107 of 719 5.0 Basis of Payment 5.1 General: Prices and payments will be full compensation for all work specified in this Section, including, all cleaning and preparing of surfaces, furnishing of all materials, application, curing and protection of all items, protection of traffic, furnishing of all tools, machines and equipment, and all incidentals necessary to complete the work. Final payment will be withheld until all deficiencies are corrected. 6.0 Thermoplastic Traffic Stripes and Markings 6.1 Description: Apply new thermoplastic traffic stripes and markings, or refurbish existing thermoplastic traffic stripes and markings, in accordance with the Contract Documents. All new and refurbished stop lines shall be 12 to 24 inches in width, consist of solid white lines and extend across the full length of the approach lanes to indicate the point at which the stop is intended or required to be made. Crosswalks shall be longitudinal not less than 6 feet wide as specified by the MUTCD 2009 version. No transverse lines are required. The longitudinal lines shall be 12 to 24 inches in width with gaps of 12 to 60 inches. The design of the lines and gaps should avoid the wheel paths if possible, and the gap between the lines should not exceed 2.5 times the width of the longitudinal lines. 6.2 Materials: Use only thermoplastic materials listed on the FDOT Qualified Products List (QPL). 6.3 Initial or Recapped Stripes and Markings: Use materials meeting the requirements of FDOT Section(s) 971-1 and 971-5. 6.4 Refurbishing Existing Stripes and Markings: Use materials meetings the requirements of FDOT Section(s) 971-1 and 971-5, or 971-6 when specifically in the Contract Documents. 6.5 Preformed Stripes and Markings: Use materials meeting the requirements of FDOT Section(s) 971-1 and 971-7. 6.6 Glass Spheres: Use only glass spheres listed on the Qualified Products List, meeting the requirements of FDOT Section(s) 971-1 and 971-2. 6.7 Sand: Use materials meeting the requirements of FDOT Section 971-5.4. 6.8 Equipment: Use equipment capable of providing continuous uniform heating of striping materials to temperatures exceeding 390°F, mixing and agitation of the material reservoir to provide a homogeneous mixture without segregation. Use equipment that will maintain the striping material in a plastic state, in all mixing and conveying parts, including the line dispensing device until applied. Use equipment which can produce varying width traffic stripes and which meets the following requirements: Page 108 of 719 a) Capable of traveling at a uniform, predetermined rate of speed, both uphill and downhill, in order to produce a uniform application of striping material and capable of following straight lines and making normal curves in a true arc. b) Is capable of applying glass spheres to the surface of the completed stripe by a double drop application for initial traffic striping and marking and a single drop application for recapping and refurbishing. The bead dispenser for the first bead drop shall be attached to the striping machine in such a manner that the beads are dispensed closely behind with the thermoplastic material. The second bead dispenser bead shall be attached to the striping machine in such a manner that the beads are dispensed immediately after the first bead drop application. Glass spheres dispensers shall be equipped with an automatic cut- off control that is synchronized with the cut-off of the thermoplastic material and applies the glass spheres in a manner such that the spheres appear uniform on the entire traffic stripes and markings surface with, 50 to 60% embedment. c) Equipped with a special kettle for uniformly heating and melting the striping material. The kettle must be equipped with an automatic temperature control device and material thermometer for positive temperature control and to prevent overheating or scorching of the thermoplastic material. d) Meet the requirements of the National Fire Protection Association, state, and local authorities. 7.0 Application 7.1 General: Remove existing pavement markings such that scars or traces of removed markings will not conflict with new stripes and markings by a method approved by the County. Cost for removing conflicting pavement markings during maintenance of traffic operations to be included in Maintenance of Traffic, Lump Sum. Before applying traffic stripes and markings, remove any material by a method approved by the County that would adversely affect the bond of the traffic stripes. Before applying traffic stripes to any Portland cement concrete surface, apply a primer, sealer or surface preparation adhesive of the type recommended by the manufacturer. Offset longitudinal lines at least 2 inches from any longitudinal joints of Portland cement concrete pavement. Apply traffic stripes or markings only to dry surfaces, and when the ambient air and surface temperature is at least 50°F and rising for asphalt surfaces and 60°F and rising for concrete surfaces. Apply striping to the same tolerances in dimensions and in alignment specified in 710-5. When applying traffic stripes and markings over existing markings, ensure that no more than 2 inches on either end'and not more than 1 inch on either side of the existing line is visible. Apply thermoplastic material to the pavement either by spray, extrusion or other means approved by the County. Page 109 of 719 Conduct field tests in accordance with FDOT Standards FM 5-541 and 5-579. Remove and replace traffic stripes and markings not meeting the requirements of this Section at no additional cost to the County. 7.2 Preformed Thermoplastic: Apply markings only to dry surfaces and when ambient air temperature is at least 32°F. Prior to installation, follow the manufacturer's recommendations for pre -heating. 8.0 Thickness: 8.1 Initial or Recaps d Stripes and Markings: Apply or recap traffic stripes or markings such that, before application of drop -on glass spheres, all lane lines, center lines, transverse markings and traffic stripes and markings within traffic wearing areas (such as dotted turning guide lines), will have a thickness of 0.10 to 0.15 inch when measured above the pavement surface at the edge of the traffic stripe or marking. Also, all gore, island, and diagonal stripe markings, bike lane symbols and messages, wherever located, will have a thickness of 0.09 to 0.12 inch when measured above the pavement surface at the edge of the traffic stripe or marking. 8.2 Refurbishing Existing Traffic Stripes and Markings: Apply a minimum of 0.06 inch of thermoplastic material. Ensure that the combination of the existing stripe and the overlay after application of glass spheres does not exceed the maximum thickness of 0.150 inch for all lines. 8.3 Retro-reflectivity: Apply white and yellow traffic stripes and markings that will attain an initial retro-reflectivity of not less than 450 mcd/lx•m2 and not less than 350 mcd/lx•m2, respectively for all longitudinal lines. All transverse lines, messages and arrows will attain an initial retro-reflectivity of not less than 300 mcd/lx•m2 and 250 mcd/lx•m2 for white and yellow respectively. All pedestrian crosswalks, bike lane symbols or messages in a proposed bike lane shall attain an initial retro-reflectivity of not less than 275 mcd/lx•m2. The County reserves the right to test the markings within three days of receipt of the Contractor's certification. The test readings should be representative of the Contractor's striping performance. If the retro-reflectivity values measure below values shown above, the striping will be removed and reapplied at the Contractor's expense. 9.0 Glass Spheres: 9.1 Longitudinal Lines: For initial traffic striping and marking, apply the first drop of Type 4 or larger glass spheres immediately followed by the second drop of Type 1 glass spheres. For refurbishing, apply a single drop of Type 3 glass spheres. Apply reflective glass spheres to all markings at the rates determined by the manufacturer's recommendations. 9.2 Transverse Stripes and Markings: Apply a single drop of Type 1 glass spheres. Apply reflective glass spheres to all markings at the rates determined by the manufacturer's recommendations. Page 110 of 719 Apply a mixture consisting of 50% glass spheres and 50% sharp silica sand to all thermoplastic pedestrian crosswalk lines and bike lane symbols at the rates determined by the manufacturer's recommendations. 9.3 Preformed Markings: These markings are factory supplied with glass spheres and skid resistant material. No additional glass spheres or skid resistant material should be applied during installation. 9.4 Contractor's Responsibility for Notification Notify the County prior to the placement of the thermoplastic materials. Furnish the County with the manufacturer's name and batch numbers of the thermoplastic materials and glass spheres to be used. Ensure that the approved batch numbers appear on the thermoplastic materials and glass spheres packages. 9.5 Protection of Newly Applied Traffic Stripes and Markings Do not allow traffic onto or permit vehicles to cross newly applied pavement markings until they are sufficiently dry. Remove and replace any portion of the pavement markings damaged by passing traffic or from any other cause, at no additional cost to the County. 10.0 Observation Period Pavement markings are subject to a 180 day observation period under normal traffic. The observation period shall begin with the satisfactory completion and acceptance of the work. The pavement markings shall show no signs of failure due to blistering, excessive cracking, chipping, discoloration, and poor adhesion to the pavement, loss of reflectivity or vehicular damage. The County reserves the right to check the color and retro-reflectivity any time prior to the end of the observation period. Replace, at no additional expense to the County, any pavement markings that do not perform satisfactorily under traffic during the 180 day observation period. 11.0 Corrections for Deficiencies Recapping applies to conditions where additional striping material is applied to new or refurbished traffic stripes or markings to correct a deficiency. Recap a 1.0 mile section centered around the deficiency with additional striping material or by complete removal and reapplication at no additional cost to the County. If recapping will result in a thickness exceeding the maximum allowed, the traffic stripes or markings will be removed and reapplied. 12.0 Method of Measurement 12.1 General: The quantities to be paid for under this Section will be as follows: Page 111 of 719 a) The length, in net miles, of 6 inch Solid Traffic Stripe, authorized and acceptably applied. b) The total traversed distance in gross miles of 10-30 or 3-9 skip line. The actual applied line is 25% of the traverse distance for a 1:3 ratio. This equates to 1,320 feet of marking per mile of single line. c) The net length, in feet, of all other types of lines and stripes, authorized and acceptably applied. d) The area, in square feet, of Removal of Existing Pavement Markings, acceptably removed. e) The number of pavement messages, symbols and directional arrows, authorized and acceptably applied. 12.2 Certification of Quantities Submittal Instructions; Prepare a certification of quantities, using the County's current approved form, for each project in the Contract. Submit the certification of quantities and daily worksheets to the County. The County will not pay for any disputed items until the County approves the certification of quantities. Request payment by submitting a certification of quantities upon completion of work in the respective location/district, or as directed by the County, based on the amount of work done or completed. Ensure the quantities consist of the following: a) The basis for arriving at the amount of the progress certification, less payments previously made and less any amount previously retained or withheld. The basis will include a detailed breakdown provided on the certification of items of payment. 13.0 Basis of Payment Prices and payments will be full compensation for all work specified in this Section, including, all cleaning and preparing of surfaces, furnishing of all materials, application, curing and protection of all items, protection of traffic, furnishing of all tools, machines and equipment, and all incidentals necessary to complete the work. Final payment will be withheld until all deficiencies are corrected. Page 112 of 719 GENERAL SERVICES INSURANCE REQUIREMENTS REVISED: 01/2/2019 CONTRACTORS INSURANCE 1. The Contractor shall not commence any work in connection with this Agreement until he has obtained all required insurance and the certificate of insurance has been approved by the Okaloosa County Risk Manager or designee. 2. All insurance policies shall be with insurers authorized to do business in the State of Florida. Insuring company is required to have a minimum rating of A, Class X in the Best Key Rating Guide published by A.M. Best & Co. Inc. 3. All insurance shall include the interest of all entities named and their respective officials, employees & volunteers of each and all other interests as may be reasonably required by Okaloosa County. The coverage afforded the Additional Insured under this policy shall be primary insurance. If the Additional Insured have other insurance that is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the company's liability under this policy shall not be reduced by the existence of such other insurance. 4. Where applicable the County shall be shown as an Additional Insured with a waiver of Subrogation on the Certificate of Insurance on all Workers Compensation Clauses. 5. The County shall retain the right to reject all insurance policies that do not meet the requirement of this Agreement. Further, the County reserves the right to change these insurance requirements with 60 -day prior written notice to the Contractor. 6. The County reserves the right at any time to require the Contractor to provide copies (redacted if necessary) of any insurance policies to document the insurance coverage specified in this Agreement. 7. Any subsidiaries used shall also be required to obtain and maintain the same insurance requirements as are being required herein of the Contractor. 8. Any exclusions or provisions in the insurance maintained by the Contractor that excludes coverage for work contemplated in this agreement shall be deemed unacceptable and shall be considered breach of contract. WORKERS' COMPENSATION INSURANCE 1, The Contractor shall secure and maintain during the life of this Agreement Workers' Compensation insurance for all of his employees employed for the project or any site connected with the work, including supervision, administration or management, of this project and in case any work is sublet, with the approval of the County, the Contractor shall require the Subcontractor similarly to provide Workers' Compensation insurance for all employees employed at the site of the project, and such evidence of insurance shall be furnished to the County not less than ten (10) days prior to the commencement of any and all sub -contractual Page 113 of 719 Agreements which have been approved by the County. 2. Contractor must be in compliance with all applicable State and Federal workers' compensation laws, including the U.S. Longshore Harbor Workers' Act or Jones Act, if applicable. 3. No class of employee, including the Contractor himself, shall be excluded from the Workers' Compensation insurance coverage. The Workers' Compensation insurance shall also include Employer's Liability coverage. 4. Okaloosa County Board of County Commissioners shall be listed as an Additional Insured by policy endorsement on all policies applicable to this agreement except Worker's Compensation. A waiver of subrogation is required on all policies BUSINESS AUTOMOBILE LIABILITY Coverage must be afforded for all Owned, Hired, Scheduled, and Non -Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the contractor does not own vehicles, the contractor shall maintain coverage for Hired & Non -Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Policy. Contractor must maintain this insurance coverage throughout the life of this Agreement. COMMERCIAL GENERAL LIABILITY INSURANCE 1. The Contractor shall carry Commercial General Liability insurance against all claims for Bodily Injury, Property Damage and Personal and Advertising Injury caused by the Contractor. 2. Commercial General Liability coverage shall include the following: 1.) Premises & Operations Liability 2.) Bodily Injury and Property Damage Liability 3.) Independent Contractors Liability 4.) Contractual Liability 5.) Products and Completed Operations Liability 3. Contractor shall agree to keep in continuous force Commercial General Liability coverage for the length of the contract. INSURANCE LIMITS OF LIABILITY The insurance required shall be written for not less than the following, or greater if required by law and shall include Employer's liability with limits as prescribed in this contract: LIMIT 1. Workers' Compensation 1.) State 2.) Employer's Liability Statutory $500,000 each accident Page 114 of 719 2. Business Automobile $1,000,000 each accident (A combined single limit) 3. Commercial General Liability $1,000,000 each occurrence for Bodily Injury & Property Damage $1,000,000 each occurrence Products and completed operations 4. Personal and Advertising Injury NOTICE OF CLAIMS OR LITIGATION $1,000,000 each occurrence The Contractor agrees to report any incident or claim that results from performance of this Agreement. The County representative shall receive written notice in the form of a detailed written report describing the incident or claim within ten (10) days of the Contractor's knowledge. In the event such incident or claim involves injury and/or property damage to a third party, verbal notification shall be given the same day the Contractor becomes aware of the incident or claim followed by a written detailed report within ten (10) days of verbal notification. INDEMNIFICATION & HOLD HARMLESS Contractor shall indemnify and hold harmless the County, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or wrongful conduct of the Contractor and other persons employed or utilized by the Contractor in the performance of this contract. CERTIFICATE OF INSURANCE L Certificates of insurance indicating the job site and evidencing all required coverage must be submitted not less than 10 days prior to the commencement of any of the work. The certificate holder(s) shall be as follows: Okaloosa County Board of County Commissioners, 302 N. Wilson St., Crestview, Florida, 32536. 2. The contractor shall provide a Certificate of Insurance to the County with a thirty (30) day prior written notice of cancellation; ten (10 days' prior written notice if cancellation is for nonpayment of premium). 3. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the contractor to provide the proper notice. Such notification shall be in writing by registered mail, return receipt requested, and addressed to the Okaloosa County Purchasing Department at 5479-A Old Bethel Road, Crestview, FL 32536. 4. In the event the contract term goes beyond the expiration date of the insurance policy, the contractor shall provide the County with an updated Certificate of insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The County reserves the right to suspend the contract until this requirement is met. Page 115 of 719 5. The certificate shall indicate if coverage is provided under a claims -made or occurrence form. If any coverage is provided on a claims -made form, the certificate will show a retroactive date, which should be the same date of the initial contract or prior. 6. All certificates shall be subject to Okaloosa County's approval of adequacy of protection. 7. All deductibles or SIRs, whether approved by Okaloosa County or not, shall be the Contractor's full responsibility. 8. In no way will the entities listed as Additional Insured be responsible for, pay for, be damaged by, or limited to coverage required by this schedule due to the existence of a deductible or SIR. GENERAL TERMS Any type of insurance or increase of limits of liability not described above which, the Contractor required for its own protection or on account of statute shall be its own responsibility and at its own expense. Any exclusions or provisions in the insurance maintained by the contractor that excludes coverage for work contemplated in this contract shall be deemed unacceptable and shall be considered breach of contract. The carrying of the insurance described shall in no way be interpreted as relieving the Contractor of any responsibility under this contract. Should the Contractor engage a subcontractor or sub -subcontractor, the same conditions will apply under this Agreement to each subcontractor and sub -subcontractor. The Contractor hereby waives all rights of subrogation against Okaloosa County and its employees under all the foregoing policies of insurance. EXCESS/UMBRELLA INSURANCE The Contractor shall have the right to meet the liability insurance requirements with the purchase of an EXCESS/UMBRELLA insurance policy. In all instances, the combination of primary and EXCESS/UMBRELLA liability coverage must equal or exceed the minimum liability insurance limits stated in this Agreement. Page 116 of 719 GENE BID CONDITIONS I. PRE -BID ACTIVITY - Except as provided in this section, respondents are prohibited from contacting or lobbying the County, County Administrator, Commissioners, County staff, and Review Committee members, or any other person authorized on behalf of the County related or involved with the solicitation. All inquiries on the scope of work, specifications, additional requirements, attachments, terms and general conditions or instructions, or any issue must be directed in writing, by US mail or email to: Okaloosa County Purchasing Department 5479A Old Bethel Road Crestview, FL 32536 Email dm son` m katuo` i,c0rn (850) 689-5960 All questions or inquiries must be received no later than the last day for questions (reference 1TB & Respondent's Acknowledgement form). Any addenda or other modification to the bid documents will be issued by the County Five (5) days prior to the date and time of bid closing, as written addenda, and will be posted to the following sites: Such written addenda or modification shall be part of the bid documents and shall be binding upon each respondent. Each respondent is required to acknowledge receipt of any and all addenda in writing and submit with their bid. No respondent may rely upon any verbal modification or interpretation. PREPARATION OF BID — The bid form is included with the bid documents. Additional copies may be obtained from the County. The respondent shall submit bids in accordance with the public notice. All blanks in the bid documents shall be completed by printing in ink or by typewriter in both words and numbers with the amounts extended, totaled and the bid signed. A bid price shall be indicated for each section, bid item. alternative, adjustment unit price item, and unit price item listed therein, or the words "No Bid", "No Change", or "Not Applicable" entered. No changes shall be made to the phraseology of the form or in the items mentioned therein. In case of any discrepancy between the written amount and the numerical figures, the written amount shall govern. Any bid which contains any omissions, erasures, alterations, additions, irregularities of any kind, or items not called for which shall in any manner fail to conform to the conditions of public notice inviting bids may be rejected. A bid submitted by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature). The official address of the partnership shall be shown below the signature. Page 117of719 A bid submitted by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature. A bid submitted by an individual shall show the respondent's name and official address. A bid submitted by a joint venture shall be executed by each joint venture in the manner indicated on the bid form. The official address of the joint venture must be shown below the signature. It is preferred that all signatures be in blue ink with the names type or printed below the signature. Okaloosa County does not accept electronic signatures. The bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the form. The address and telephone # for communications regarding the bid shall be shown. If the respondent is an out-of-state corporation, the bid shall contain evidence of respondent's authority and qualification to do business as an out-of-state corporation in the State of Florida. A state contractor license # for the State of Florida shall also be included on the bid form. Respondent shall be licensed in accordance with the requirements of Chapter 489, Florida Statutes. 3. INTEGRITY OF BID DOCUMENTS - Respondents shall use the original Bid documents provided by the Purchasing Department and enter information only in the spaces where a response is requested. Respondents may use an attachment as an addendum to the Bid documents if sufficient space is not available. Any modifications or alterations to the original bid documents by the respondent, whether intentional or otherwise, will constitute grounds for rejection of a bid. Any such modification or alteration that a respondent wish to propose must be clearly stated in the respondent's response in the form of an addendum to the original bid documents. 4. SUBMITTAL OF BID — A bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in an opaque sealed envelope plainly marked with the project title (and, if applicable, the designated portion of the project for which the bid is submitted), the name and address of the respondent, and shall be accompanied by the bid security and other required documents. It is the respondent's responsibility to assure that its bid is delivered at the proper time and place. Offers by telegram, facsimile, or telephone will NOT be accepted. Note: Crestview is not a next day delivery site for overnight carriers. 5. MODIFICATION & WITHDRAWAL OF BID - A bid may be modified or withdrawn by an appropriate document duly executed in the manner that a bid must be executed and delivered to the place where bids are to be submitted prior to the date and time for the opening of bids. If within 24 hours after bids are opened any respondent files a duly signed written notice with the County and promptly thereafter demonstrates to the reasonable satisfaction of the County that there was a material substantial mistake in the preparation of its bid, that respondent may withdraw its bid, and the bid security may be returned. Thereafter, if the work is rebid, that respondent will be Page 118 of 719 disqualified from 1) further bidding on the work, and 2) doing any work on the contract, either as a subcontractor or in any other capacity. 6. BIDS TO REMAIN SUBJECT TO ACCEPTANCE —All bids will remain subject to acceptance or rejection for sixty (60) calendar days after the day of the bid opening, but the County may, in its sole discretion, release any bid and return the bid security prior to the end of this period. 7. IDENTICAL TIE BIDS - — In cases of identical procurement responses, the award shall be determined either by lot or on the basis of factors deemed to serve the best interest of the County. In the case of the latter, there must be adequate documentation to support such a decision. 8. CONDITIONAL & INCOMPLETE BIDS - Okaloosa County specifically reserves the right to reject any conditional bid and bids which make it impossible to determine the true amount of the bid. 9. PRICING — The bid price shall include all equipment, labor, materials, freight, taxes etc. Okaloosa County reserves the right to select that bid most responsive to our needs. 10. ADDITION/DELETION OF ITEM — The County reserves the right to add or delete any item from this bid or resulting contract when deemed to be in the County's best interest. 11. SPECIFICATION EXCEPTIONS -- Specifications are based on the most current literature available. Respondent shall clearly list any change in the manufacturer's specifications which conflict with the bid specifications. Respondent must also explain any deviation from the bid specification in writing, as a foot note on the applicable bid page and enclose a copy of the manufacturer's specifications data detailing the changed item(s) with their bid. Failure of the respondent to comply with these provisions will result in respondents being held responsible for all costs required to bring the equipment in compliance with bid specifications. 12. APPLICABLE LAWS & REGULATIONS — All applicable Federal and State laws, County and municipal ordinances, orders, rules and regulations of all authorities having jurisdiction over the project shall apply to the bid throughout, and they will be deemed to be included in the contract the same as though they were written in full therein. 13. DISQUALIFICATION OF RESPONDENTS - Any of the following reasons may be considered as sufficient for the disqualification of a respondent and the rejection of its bid: a. Submission of more than one proposal for the same work from an individual, firm or corporation under the same or different name. b. Evidence that the respondent has a financial interest in the firm of another respondent for the same work. c. Evidence of collusion among respondents. Participants in such collusion will receive no recognition as respondents for any future work of the County until such participant has been reinstated as a qualified respondent. Page 119 of 719 d. Uncompleted work which in the judgment of the County might hinder or prevent the prompt completion of additional work if awarded. e. Failure to pay or satisfactorily settle all bills due for labor and material on former contracts in force at the time of advertisement of proposals. f. Default under previous contract. g - Listing of the respondent by any Local, State or Federal Government on its barred/suspended vendor list. 14. AWARD OF BID A. Okaloosa County Review - Okaloosa County designated Staff will review all bids and will participate in the Recommendation to Award. B. The County will award the bid to the responsive and responsible vendor(s) with the lowest responsive bid(s), and the County reserves the right to award the bid to the respondent submitting a responsive bid with a resulting negotiated agreement which is most advantageous and in the best interest of the County, and to reject any and all bids or to waive any irregularity or technicality in bids received. Okaloosa County shall be the sole judge of the bid and the resulting negotiated agreement that is in its best interest and its decision shall be final. The County reserves the right to award to multiple vendors. C. Okaloosa County reserves the right to waive any informalities or reject any and all bids, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this bid and to accept the bid that in its judgment will best serve the interest of the County. D. Okaloosa County specifically reserves the right to reject any conditional bids and will normally reject those which made it impossible to determine the true amount of the bid. Each item must be bid separately and no attempt is to be made to tie any item or items to any other item or items. 15. PAYMENTS — The respondent shall be paid upon submission of invoices and approval of acceptance by Okaloosa County Board of County Commissioners, Finance Office, 101 E. James Lee Blvd.., Crestview FL 32536, for the prices stipulated herein for articles delivered and accepted. Invoices must show Contract #. 16. DISCRIMINATION - An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 17. PUBLIC ENTITY CRIME INFORMATION - Pursuant to Florida Statute 287.133, a respondent may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of Page 120 of 719 the threshold amount provided in s. 287.[.17 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 18. CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 1 12, Florida Statutes. All respondents must disclose with their bids the name of any officer, director, or agent who is also a public officer or an employee of the Okaloosa Board of County Commissioners, or any of its agencies. Furthermore, all respondents must disclose the name of any County officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or any of its branches. Note: For respond the bid package. nrscony ience, this ion form is enclosed and is made a part of 19. REORGANIZATION OR BANKRUPTCY PROCEEDINGS — Bids will not be considered from respondents who are currently involved in official financial reorganization or bankruptcy proceedings. 20. INVESTIGATION OF RESPONDENT — The County may make such investigations. as it deems necessary to determine the stability of the respondent to perform the work and that there is no conflict of interest as it relates to the project. The respondent shall furnish to the Owner any additional information and financial data for this purpose as the County may request. 21. CONE OF SILENCE CLAUSE - The Okaloosa County Board of County Commissioners has established a solicitation silence policy (Cone of Silence Clause) that prohibits oral and written communication regarding all formal solicitations for goods and services (formal bids, Request for Proposals, Requests for Qualifications) issued by the Board through the County Purchasing Department. The period commences from the date of advertisement until award of contract. All communications shall be directed to the Purchasing Department -see attached form. Note: For respondent's convenience, this certification form is enclosed and is made a part of the bid package. 22. REVIEW OF PROCUREMENT DOCUMENTS - Per Florida Statute 11.9.071 (2) 2 sealed bids, proposals, or replies received by the County pursuant to a competitive solicitation are exempt from public disclosure until such time as the County provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. 23. COMPLIANCE WITH FLORIDA STATUTE 119.0701 - The Respondent shall comply with all the provisions of section 119.070 1, Florida Statutes relating to the public records which requires, among other things, that the Respondent: (a) Keep and maintain public records; (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the respondent upon termination of the contract. Page 121 of 719 24. PROTECTION OF RESIDENT WORKERS — The Okaloosa County Board of County Commissioners actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verifications, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verifications. The respondent shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. Okaloosa County reserves the right to request documentation showing compliance with the requirements. Respondents doing construction business with Okaloosa County are required to use the Federal Government Department of Homeland Security' s website and use the E -Verify Employment Eligibility Verifications System to confirm eligibility of all employees to work in the United States. 25. SUSPENSION OR TERMINATION FOR CONVENIENCE - The County may, at any time, without cause, order Respondent in writing to suspend, delay or interrupt the work in whole or in part for such period of time as the County may determine, or to terminate all or a portion of the Contract for the County's convenience. Upon such termination, the Contract Price earned to the date of termination shall be paid to Respondent, but Respondent waives any claim for damages, including loss of profits arising out of or related to the early termination. Those Contract provisions which by their nature survive final acceptance shall remain in full force and effect. If the County orders a suspension, the Contract price and Contract time may be adjusted for increases in the cost and time caused by suspension, delay or interruption. No adjustment shall be made to the extent that performance is, was or would have been so suspended, delayed or interrupted by reason for which Respondent is responsible; or that an equitable adjustment is made or denied under another provision of this Contract. 26. FAILURE OF PERFORMANCE/DELIVERY - In case of default by the respondent, the County after due notice (oral or written) may procure the necessary supplies or services from other sources and hold the respondent responsible for difference in cost incurred. Continuous instances of default shall result in cancellation of the award and removal of the respondent from the bid list for duration of one (1) year, at the option of the County. 27. AUDIT - If requested, respondent shall permit the County or an authorized, independent audit agency to inspect all data and records of respondent relating to its performance and its subcontracts under this bid from the date of the award through three (3) years after the expiration of contract. 28. EQUAL EMPLOYMENT OPPORTUNITY; NON DISCRIMINATION — Respondent will not discriminate against any employee or an applicant for employment because of race, color, religion, gender, sexual orientation, national origin, age, familial status or handicap. 29. NON -COLLUSION -- Respondent certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful or wrongful act, or any act which may result in an unfair advantage over other respondents. See Florida Statute 838.22. 30. UNAUTHORIZED ALIENS/PATRIOT'S ACT — The knowing employment by respondent or its subcontractors of any alien not authorized to work by the immigration laws is prohibited and shall be a default of the contract. In the event that the respondent is notified or becomes aware of Page 122 of 719 such default, the respondent shall take steps as are necessary to terminate said employment with 24 hours of notification or actual knowledge that an alien is being employed. Respondent's failure to take such steps as are necessary to terminate the employment of any said alien within 24 hours of notification or actual knowledge that an alien is being employed shall be grounds for immediate termination of the contract. Respondent shall take all commercially reasonable precautions to ensure that it and its subcontractors do not employ persons who are not authorized to work by the immigration laws. CERTIFICATE OF GOOD STANDING FOR STATE OF FLORIDA - Florida Statute 607.1501 requires that all vendors who wish to do business in the State of Florida be licensed to do business through the Department of State of Florida and be in good standing with the State of Florida. As such, to do business with Okaloosa County a vendor must provide a Certificate of Good Standing with their bid/proposal package to the County. For more information on doing business in the State of Florida, please refer to the Florida Department of State. The website to register is hitps,. du .mom florida.coni swinhit, 32. AUTHORITY TO PIGGYBACK — All respondents submitting a response to this Request for Bid agree that such response also constitutes a proposal to other Florida local .governments under the same conditions, for the same contract price, and for the same effective period, should the respondent feel it is in their best interest to do so. Each governmental agency desiring to accept this proposal and make and award thereof shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it and no agency assumes any liability by virtue of the 1TB. This provision in no way restricts or interferes with the right of any governmental agency to independently procure any or all items. 33. The following documents shall be submitted with the bid packet. Failure to provide required forms may result in contractor disqualification. A. Drug -Free Workplace Certification Form B. Conflict of Interest C. Federal E -Verify D. Cone of Silence Form E, Recycled Content Form F. Indemnification and Hold Harmless G. Company Data H. System of Awards Management I. Addendum Acknowledgement J. Bid Sheet K. Anti -Collusion Statement L. Prohibition to Lobbying M. Governmental Debarment & Suspension N. Vendors on Scrutinized Companies List 0. References P. Certificate of Good Standing for State of Florida -see above* Page 123 of 719 DRUG -FREE WORKPLACE CERTIFICATION THE BELOW SIGNED RESPONDENT CERTIFIES that it has implemented a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under quote a copy of the statement specified in subsection 1. 4. In the statement specified in subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under quote, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in, drug abuse assistance or rehabilitation program if such is available in employee's community, by any employee who is convicted. Make a good faith effot this section. 0 con 0 aintain a drug -free workplace through implementation of As the person authorized to sign this statement. requirements. DATE: COMPANY: ADDRESS: PHONE #: certify that this firr SIGNATURE: NAME: TITLE: 1 i1 E-MAIL: I complies fully with t above Page 124 of 719 CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all Respondents, must disclose if any Okaloosa Board of County Commissioner, employee(s), elected officials(s), or if any of its agencies is also an owner, corporate officer. agency, employee, etc., of their business. Indicate either "yes" (a county employee, elected official, or agency is also associated with your business), or "no." If yes, give person(s) name(s) and position(s) with your business. YES: NAME(S) NO: POSITION(S) FIRM NAME: TITLE: ADDRESS: PHONE NO.: E-MAIL: DATE: Page 125 of 719 FEDERAL E -VERIFY COMPLIANCE CERTIFICATION In accordance with Okaloosa County Policyand Executive Order Number 11-1 16 from the office of the Governor of the State of Florida, Respondent hereby certifies that the U.S. Department of Homeland Security's E -Verify system will be used to verify the employment eligibility of all new employees hired by the Respondent during the contract term, and shall expressly require any subcontractors performing work. or providing services pursuant to the contact to likewise utilize the U.S. Department of Homeland Securities E -Verify system to verify the employment eligibility ofall new employees hired by the subcontractor during. the contract term; and shall provide documentation such verification to the COUNTY upon request. As the person authorized to sign this the above requirements. DATE: atement, 1 certify that this company co p SIGNATURE: NAME: in ADDRESS: m 5 TITLE: eslwill co ith Page 126 of 719 CONE OF SILENCE The Board of County Commissioners have established a solicitation silence policy (Cone of Silence) that prohibits oral and written communication regarding all formal solicitations for goods and services (ITB, RFP, ITQ, ITN, and RFQ) or other competitive solicitation between the bidder (or its agents or representatives) or other entity with the potential for a financial interest in the award (or their respective agents or representatives) regarding such competitive solicitation, and any County Commissioner or County employee, selection committee member or other persons authorized to act on behalf of the Board including the County's Architect, Engineer or their sub -consultants, or anyone designated to provide a recommendation to award a particular contract, other than the Purchasing Department Staff The period commences from the time of advertisement until contract award. Any information thought to affect the committee or staff recommendation submitted after bids are due, should be directed to the Purchasing Manager or an appointed representative. It shall be the Purchasing Manager's decision whether to consider this information in the decision process. Any violation of this policy shall be grounds to disqualify the Respondent from consideration during the selection process. All Respondents must agree to comply with this policy by signing the following statement and including it with their submittal. Signature On this day o representing 2021, I hereby agree to abide by the County's "Cone of Silence Clause" and understand v ,elation of this policy shall result in disqualification of proposal/submittal. y Page 127 of 719 RECYCLED CECYC ED CONTENT FORM RECYCLED " . ENT Ir 'FORA/Lill . N 1. Is the material in the above: Virgin or Recycled what percentage %. Product Description: (Check the applicable blank). if recycled, Is yottr product packaged and/or shipped in material containing recycled content? Yes Specify: No Is your product recyclable after it has reached its intended end use? Yes Specify: No The above is not applicable if there is only a personal service involved with no product involvement. Name of Proposer: E -Mail : Page 128 of 719 INDEMNIFICATION AND HOLD HARMLESS Respondent shall indemnify and hold harmless the County, its officers and employees from liabilities,. damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Respondent and other persons employed or utilized by the Respondent in the performance of this Agreement. C '" Physical Address Mailing Address Phone Number S,11/41 -1 - Cellular Number Dae Authorized Signature — Manual Authorized Signatur 1 FAX Nu ber Typed After -Hours Number(s) Page 129 of 719 COMPANY DATA Respondent's Cornpa.ny Name Physical Address & Phone #: Contact Person (Typed -Printed): Phone #: Cell #: Email: Federal ID or SS #: Respondent's License #: Respondent's DUNS #: Fax #: Emergency #'s After Hours, Weekends & Holidays: Page 130 of 719 SYSTEM FOR AWARD MA AE? N OCT 2016) (a) Definitions. As used in this provision. "Electronic Funds Transfer (EFT) indicator" means a four -character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpar! e14.L1H) for the same entity. "Registered in the System for Award Management (SAM) database" means that_ (I) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see sul p rryt .14) into the SAM database; (2) The offeror has completed the Core, Assertions. and Representations and Certifications, and Points of Contact sections of the registration in the SAM database: (3) The Government has validated all mandatory data fields,. to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record "Active". "Unique entity identifier" means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See w w, ,sam o7 for the designated entity for establishing unique entity identifiers. (b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final pa}=ment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database. (c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at {gJov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information: (1) Company legal business name. (2) Tradesty$le, doing business, or other name by which your entity is commonly recognized. (3) Company Physical Street Address. City, State, and Zip Code. (4) Company Mailing Address, City, State and Zip Code (if separate from physical). (5) Company telephone number. (6) Date the company was started. (7) Number of employees at your location. (8) Chief executive officer/key manager. Page 131 of 719 (9) Line of business (industry). (10) Company Headquarters name and address (reporting relationship within your entity). (d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. (e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. (t) Offerors may obtain information on registration at hrtp Offerors SAM info rn atio Entity Name: Entity Address: Duns Number: CAGE Code: Page 132 of 719 ADDENDUM ACKNOWLEDGEMENT ITB PW 41-21 Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of solicitation: ADDENDUM NO. DATE NOTE: Prior to submitting the response to this solicitation, it is the responsibility of the Rat to confirm if any addenda have been issued. If such addenda have been issued, acknowledge receipt by noting number(s) and date(s) above. Page 133 of 719 BID RESPONSE ITB PW 41-21 Miscellaneous Road Striping Services Thermoplastic & Painted Pavement Markings Item No. 710 Painted Pavement rkings Estimated Quantities Unit Pay Item Description Unit price Total Price 102 Per net mile Traffic Stripes, Solid 255 Per foot Traffic Stripes, solid 14 Per gross mile Traffic Stripes, Skip 10 Per foot Traffic Stripes, Skip ' w' 5 Ea Messages Ea Arrows 5 Per font Yield Markings 50 Each Raised Pavement Markers (reflective pavement markers) **Quan based on estimated number p' viaus years** Page 134 of 719 Item No. 711 Therrrtoplastic Estimated Quantities Unit Pay Item Description Unit price Total Price 61 Per net mile Traffic Stripes, Solid S b 36 Per foot Traffic Stripes, Solid 4 Per gross mile Traffic Stripes, Skip t , 10 Per foot Dotted/Guideline 3 Ea Messages Ea Arrows c o 56 Per foot Yield Markings m P 6 Per foot of material installed Crosswalk 275 Per square foot Thermoplastic, Remove S. ° 0 **Quantiles are based on estimated numbers from precrious years** Total Bid Price: Submitted: Date Submitted: Page 135 of 719 ANTI -COLLUSION STATEMENT: The below signed bidder has not divulged to, discussed or compared his bid with other bidders and has not colluded with any other bidder or parties to bid whatever. Note: No premiums, rebates, or gratuities permitted either with, prior to, or after any delivery of materials. Any such violation will result in the cancellation and/or return of material (as applicable) and the removal from bid list(s). Respondent's Company Nate Address City/State/Zip Phone # Federal ID # or SS # ut prized Si nature — Manual Av i r tt Authorized Signature -Typed Title Fax # Page 136 of 719 LOBBYING _ U.S.C. 1352, 49 CFR Part 19, 49 CFR Part 20 APPENDIX A, 49 CFR PART 20 --CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each hid or c ffi r exceeding $108,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid. by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress., an officer or employee of Congress, or an employee of a Member of Congress in connection. with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. ?. if any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency. a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL,, "Disclosure Form to Report Lobbying." in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying." 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (PI. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify ° and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1) -(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] t_ L +C . The Contractor, , C erti s or affirms the truthfulness and accuracy of each statement of its ce the provisions of31 U.S.C. A 3801, et.seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official acne a Date e of Contractor's Authorized Official cation and disclosure, if any. In addition, the Contractor understands and agrees that Page 137 of 719 Government Debarment & Suspension Instructions 1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out in accordance with these instructions. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person(s) to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Orders 12549, at Subpart C of OMB 2 C.F.R. Part 180 and 3000.332. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the System for Award Management (SAM) database. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Page 138 of 719 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552(a), as amended). This certification is required by the regulations implementing Executive Orders 12549, Debarment and Suspension, and OMB 2 C.F.R. Part 180, Participants' responsibilities. The regulations were amended and published on August 31, 2005, in 70 Fed. Reg, 51865-51880. [READ INSTRUCTIONS ON PREVIOUS PAGE BEFORE COMPLETING CERTIFICATION] The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred. suspended. proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal or State department or agency; Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal Printed Name and Tit Signature Representative Page 139 of 719 VENDORS ON SCRUTINIZED COMPANIES LISTS By executing this Certificate, the bid proposer, certifies that it is not: (1) listed on the Scrutinized Companies that Boycott Israel List, created pursuant to section 215.4725, Florida Statutes, (2) engaged in a boycott of Israel, (3) listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes, or (4) engaged in business operations in Cuba or Syria. Pursuant to section 287.135(5), Florida Statutes, the County may disqualify the bid proper immediately or immediately terminate any agreement entered into for cause if the bid proposer is found to have submitted a false certification as to the above or if the Contractor is placed on the Scrutinized Companies that Boycott Israel List, is engaged in a boycott of Israel, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, during the term of the Agreement. lf the County determines that the bid proposer has submitted a false certification, the County will provide written notice to the bid proposer. Unless the bid proposer demonstrates in writing, within 90 calendar days of receipt ofthe notice, that the County's determination of false certification was made in error, the County shall bring a civil action against the bid proposer. If the County's determination is upheld, a civil penalty shall apply, and the bid proposer will be ineligible to bid on any Agreement with a Florida agency or local governmental entity for three years after the date of County's determination of false certification by bid proposer. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. DATE: COMPANY: A DD1E S S PHONE NO.: r vim SIGNATU NAME: TITLE: OS E-MA1L:. Typed or Print Page 140 of 719 LIST OF FERENCE Owner's Name and Address: Contact Person: V t Email: `„ Owner `s Name and Address: ` l Contact Person: elephone elephone # ( b Email: `t t Owner's Name and Address: Contact Person: Email: CAAv s Name arid Addres Contact Person: \t7 Email: rA , CU. G �. rot. t 'tt, Telephone # Owner's Name and Address: .. ,s, Telephone Contract Person ephone Page 141 of 719 Exhibit "B" Title VI Clauses for Compliance with Nondiscrimination Requirements Compliance with Nondiscrimination Requirements During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts And Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Nondiscrimination Acts And Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts And Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the contractor under the contract until the contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. Page 142 of 719 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Title VI List of Pertinent Nondiscrimination Acts and Authorities Title VI List of Pertinent Nondiscrimination Acts and Authorities i During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination In Federally -Assisted Programs of The Department of Transportation —Effectuation of Title VI of The Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Page 143 of 719 • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The [contractor j consultant} has full responsibility to monitor compliance to the referenced statute or regulation. The [contractor 1 consultant] must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor — Wage and Hour Division OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor — Occupational Safety and Health Administration. E -VERIFY Enrollment and verification requirements. (1) If the Contractor is not enrolled as a Federal Contractor in E -Verify at time of contract award, the Contractor shall - a. Enroll. Enroll as a Federal Contractor in the E -Verify Program within thirty (30) calendar days of contract award; Verify all new employees. Within ninety (90) calendar days of enrollment in the E -Verify program, begin to use E -Verify to Pa ee14lc�4of7of719 initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within three (3) business days after the date of hire (but see paragraph (b)(3) of this section); and, b. Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within ninety (90) calendar days after date of enrollment or within thirty (30) calendar days of the employee's assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section.) (2) If the Contractor is enrolled as a Federal Contractor in E -Verify at time of contract award, the Contractor shall use E -Verify to initiate verification of employment eligibility of a. All new employees. i. Enrolled ninety (90) calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within three (3) business days after the date of hire (but see paragraph (b)(3) of this section); or b. Enrolled less than ninety (90) calendar days. Within ninety (90) calendar days after enrollment as a Federal Contractor in E -Verify, the Contractor shall initiate verification of all new hires of the contractor, who are working in the United States, whether or not assigned to the contract, within three (3) business days after the date of hire (but see paragraph (b)(3) of this section; or ii. Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within ninety (90) calendar days after date of contract award or within thirty (30) days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section.) (3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State of local government or the government of a Federally recognized Indian tribe, or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements of (b)(1) or (b)(2), respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract. (4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), within one hundred eighty (180) calendar days of - Page 145 of 719 i. Enrollment in the E -Verify program; or ii. Notification to E -Verify Operations of the Contractor's decision to exercise this option, using the contract information provided in the E -Verify program Memorandum of Understanding (MOU) (5) The Contractor shall comply, for the period of perfor ance of this contract, with the requirements of the E -Verify program MOU: i. The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor's MOU and deny access to the E -Verify system in accordance with the terms of -the MOU. In such case, the Contractor, will be referred to a suspension or debarment official. ii. During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the contractor is excused from its obligations under paragraph (b) of this clause. [f the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E -Verify. iii. Web site. Information on registration for and use of the E -Verify program can be obtained via the Internet at the Department of Homeland Security Web site: lttl.`,r c ,cll c 'l° eri(. Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E -Verify for any employee - Whose employment eligibility was previously verified by the Contractor through the E -Verify program; (b) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in. accordance with the National Industrial Security Program Operating Manual: or (c) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12. Policy for a Common Identification Standard for Federal Employees and Contractors. Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph £ (appropriately modified for identification of the parties in each subcontract that - (1) s for-(i) Commercial and noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or (ii) Construction; (2) Has a value of more than $3,500; and (3) Includes work performed in the United States. qr ,719 Attachment "B" Insurance Requirements Page 147 of 719 GENERAL SERVICES INSURANCE REQUIREMENTS REVISED: 01/2/2019 CONTRACTORS INSURANCE 1. The Contractor shall not commence any work in connection with this Agreement until he has obtained all required insurance and the certificate of insurance has been approved by the Okaloosa County Risk Manager or designee. 2. All insurance policies shall be with insurers authorized to do business in the State of Florida. Insuring company is required to have a minimum rating of A, Class X in the Best Key Rating Guide published by A.M. Best & Co. Inc. 3. All insurance shall include the interest of all entities named and their respective officials, employees & volunteers of each and all other interests as may be reasonably required by Okaloosa County. The coverage afforded the Additional Insured under this policy shall be primary insurance. If the Additional Insured have other insurance that is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the company's liability under this policy shall not be reduced by the existence of such other insurance. 4. Where applicable the County shall be shown as an Additional Insured with a waiver of Subrogation on the Certificate of Insurance on all Workers Compensation Clauses. 5. The County shall retain the right to reject all insurance policies that do not meet the requirement of this Agreement. Further, the County reserves the right to change these insurance requirements with 60 -day prior written notice to the Contractor. 6. The County reserves the right at any time to require the Contractor to provide copies (redacted if necessary) of any insurance policies to document the insurance coverage specified in this Agreement. 7. Any subsidiaries used shall also be required to obtain and maintain the same insurance requirements as are being required herein of the Contractor. 8. Any exclusions or provisions in the insurance maintained by the Contractor that excludes coverage for work contemplated in this agreement shall be deemed unacceptable and shall be considered breach of contract. WORKERS' COMPENSATION INSURANCE 1. The Contractor shall secure and maintain during the life of this Agreement Workers' Compensation insurance for all of his employees employed for the project or any site connected with the work, including supervision, administration or management, of OKALOOSA COUNTY Page 148 of 719 this project and in case any work is sublet, with the approval of the County, the Contractor shall require the Subcontractor similarly to provide Workers' Compensation insurance for all employees employed at the site of the project, and such evidence of insurance shall be furnished to the County not less than ten (10) days prior to the commencement of any and all sub -contractual Agreements which have been approved by the County. 2. Contractor must be in compliance with all applicable State and Federal workers' compensation laws, including the U.S. Longshore Harbor Workers' Act or Jones Act, if applicable. 3. No class of employee, including the Contractor himself, shall be excluded from the Workers' Compensation insurance coverage. The Workers' Compensation insurance shall also include Employer's Liability coverage. 4. Okaloosa County Board of County Commissioners shall be listed as an Additional Insured by policy endorsement on all policies applicable to this agreement except Worker' s Compensation. A waiver of subrogation is required on all policies BUSINESS AUTOMOBILE LIABILITY Coverage must be afforded for all Owned, Hired, Scheduled, and Non -Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the contractor does not own vehicles, the contractor shall maintain coverage for Hired & Non -Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Policy. Contractor must maintain this insurance coverage throughout the life of this Agreement. COMMERCIAL GENERAL LIABILITY INSURANCE 1. The Contractor shall carry Commercial General Liability insurance against all claims for Bodily Injury, Property Damage and Personal and Advertising Injury caused by the Contractor. 2. Commercial General Liability coverage shall include the following: 1.) Premises & Operations Liability 2.) Bodily Injury and Property Damage Liability 3.) Independent Contractors Liability 4.) Contractual Liability 5.) Products and Completed Operations Liability 3. Contractor shall agree to keep in continuous force Commercial General Liability coverage for the length of the contract. OKALOOSA COUNTY Page 149 of 719 INSURANCE LIMITS OF LIABILITY The insurance required shall be written for not less than the following, or greater if required by law and shall include Employer's liability with limits as prescribed in this contract: LIMIT 1. Workers' Compensation 1.) State 2.) Employer's Liability 2. Business Automobile 3. Commercial General Liability 4. Personal and Advertising Injury NOTICE OF CLAIMS OR LITIGATION Statutory $500,000 each accident $1,000,000 each accident (A combined single limit) $1,000,000 each occurrence for Bodily Injury & Property Damage $1,000,000 each occurrence Products and completed operations $1,000,000 each occurrence The Contractor agrees to report any incident or claim that results from performance of this Agreement. The County representative shall receive written notice in the form of a detailed written report describing the incident or claim within ten (10) days of the Contractor's knowledge. In the event such incident or claim involves injury and/or property damage to a third party, verbal notification shall be given the same day the Contractor becomes aware of the incident or claim followed by a written detailed report within ten (10) days of verbal notification. INDEMNIFICATION & HOLD HARMLESS Contractor shall indemnify and hold harmless the County, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or wrongful conduct of the Contractor and other persons employed or utilized by the Contractor in the performance of this contract. CERTIFICATE OF INSURANCE 1. Certificates of insurance indicating the job site and evidencing all required coverage must be submitted not less than 10 days prior to the commencement of any of the work. The certificate holder(s) shall be as follows: Okaloosa County Board of County Commissioners, 302 N. Wilson St., Crestview, Florida, 32536. OKALOOSA COUNTY Page 150 of 719 2. The contractor shall provide a Certificate of Insurance to the County with a thirty (30) day prior written notice of cancellation; ten (10 days' prior written notice if cancellation is for nonpayment of premium). 3. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the contractor to provide the proper notice. Such notification shall be in writing by registered mail, return receipt requested, and addressed to the Okaloosa County Purchasing Department at 5479-A Old Bethel Road, Crestview, FL 32536. 4. In the event the contract term goes beyond the expiration date of the insurance policy, the contractor shall provide the County with an updated Certificate of insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The County reserves the right to suspend the contract until this requirement is met. 5. The certificate shall indicate if coverage is provided under a claims -made or occurrence form. If any coverage is provided on a claims -made form, the certificate will show a retroactive date, which should be the same date of the initial contract or prior. 6. All certificates shall be subject to Okaloosa County' s approval of adequacy of protection. 7. All deductibles or SIRS, whether approved by Okaloosa County or not, shall be the Contractor' s full responsibility. 8. In no way will the entities listed as Additional Insured be responsible for, pay for, be damaged by, or limited to coverage required by this schedule due to the existence of a deductible or SIR. GENERAL TERMS Any type of insurance or increase of limits of liability not described above which, the Contractor required for its own protection or on account of statute shall be its own responsibility and at its own expense. Any exclusions or provisions in the insurance maintained by the contractor that excludes coverage for work contemplated in this contract shall be deemed unacceptable and shall be considered breach of contract. The carrying of the insurance described shall in no way be interpreted as relieving the Contractor of any responsibility under this contract. Should the Contractor engage a subcontractor or sub -subcontractor, the same conditions will apply under this Agreement to each subcontractor and sub -subcontractor. OKALOOSA COUNTY Page 151 of 719 The Contractor hereby waives all rights of subrogation against Okaloosa County and its employees under all the foregoing policies of insurance. EXCESS/UMBRELLA INSURANCE The Contractor shall have the right to meet the liability insurance requirements with the purchase of an EXCESS/UMBRELLA insurance policy. In all instances, the combination of primary and EXCESS/UMBRELLA liability coverage must equal or exceed the minimum liability insurance limits stated in this Agreement. OKALOOSA COUNTY Page 152 of 719 Attachment "C" Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor"), as applicable, agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally -assisted programs of the Department of Transportation —Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 — 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq). Page 153 of 719 Attachment "D" Vendors on Scrutinized List Page 154 of 719 VE'X S ON "RI,' " \ I ED COMPANIES LISTS Byexecuting this Certifier Emerald ('oast Striping, .1.C. the bid proposer. certifies that it is not:11) listed on the Scrutinized. Companies that Boy Israel Last, created pursuant to section 215 A725. Florida Statutes, (2) engaged in a boycott of Israel. is lasted on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with r cti xities in the Iran Petroleum Energy Sector List, created pursuant to section 215,473, Florida Statutes. car { 1 engaged in business operations in Cuba or Syria. Pursuant to section 28 .135(5). Florida Statutes, the County may. disqualify the hid proper immediately or imrediately terminate any agreement entered into for cause if the bid proposer is found to have submitted a false certification as to the above or if the Contractor is placed on the Scrutinized Companies that Boycott Israel List, is engaged in a boycott of Israel has been placed on the Scrutinized Companies with Activities, in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum. 11 rrc r y Sector Lish or has been engaged in business operations in Cuba or Syria. during the term of the : greernent. If the County determines that the bid proposer has submitted a false certification, the County vvi1l provide. written notice tothe bid proposer. Unless the bid proposer demonstrates in writing, within 90 calendar dais of receipt e none certification was made in error. the County shall bring a c County's determination is upheld, a civil penalty shall apply, crrr at v° regiment with a Florida agency or local govermn County `s dete.rrrrin.rtion of iaise certification by bid proposer. As the persoi regctren rents. DTI: 'COMPANY - ADDRESS.: )1siE NO.: acct rri/cd to swan n that the County's determination of false ion against the bid proposer. If the nd the bid proposer will be ineligible to bid rtit • for three ears after the date of this tsar complies fully with flue above IC 1\A NA AI : (Typed or Printed) Page 155 of 719 ITS PW 41-21 MISCELLANEOUS ROAD STRIPING SERVICES THERMOPLASTIC & PAINTED PAVEMENT MARKINGS Page 156 of 719 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Action Item Item # 6.9. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Kyle Lusk, Michael Criddle, Public Services Director 8/3/2022 2022 Sewer Root Control Contract BACKGROUND: The City's sewer depai intent must repair sewer lines when roots grow through them and cause blockages. We do not have the equipment to perform the repairs for all blockages, so this service is contracted out. DISCUSSION: We have used Dukes in the past for root blockage removal services. The City of Fort Walton has a current contract with Dukes. We will piggyback off their contract to have Dukes be the City's Sewer Root Control contractor. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Quality of Life- these areas focus on the overall experience when provided by the city. Safety- Ensure the continuous safety of citizens and visitors Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT The contract does not have an overall price. If no lines are repaired, the contract costs nothing. Otherwise, the contract is priced per linear foot and per manhole. This causes the price of these services to be variable year to year as blockages occur. Funding is available in the sewer division budget. RECOMMENDED ACTION Staff respectfully requests approval to piggyback off of the City of Fort Walton's contract with Duke's Root Control, Inc. for sewer root control. Attachments 1. Sec 06 - Contract - FINAL; FULLY EXECUTED thur 09 30 2021 (003) 2. 20200420115415(M4167) Page 157 of 719 3. Sec 06 - Contract - Amendl - Dukes Root Control - FULLY SIGNED 4. Crestview, FL 05062022 Page 158 of 719 GjC�cc�rl,� '1TY OF FORT WALTON BEACH, FLORIDA CONTRACT NUMBER HFWB20-0I0 CONTRACT FOR THE CITY OF FORT WALTON BEACH SEWER CHEMICAL ROOT CONTROL (ITB #20-010) This Contract, made on the 15th day of June, 2020. between the City of Fort Walton Beach, ("City") a Florida municipality with its principal place of business at 107 Miracle Strip Pkwy SW. Fort Walton Beach. Florida 32548. and Dukes Root Control, Inc. ("Contractor") a New York corporation, with its principal place of business in New York, at 1020 Hiawatha Blvd W, Syracuse, NY 13204. 1. Intent and Term 1.1 The purpose of the project specified herein is to procure an annual contract to apply a chemical root control agent to sanitary sewer and stormwater mains, in order to kill the root growth present in the lines and to inhibit re- growth, without permanently damaging die vegetation producing the roots or creating a public health or environmental hazard. 1.2 The term for this contract will be for an initial one (1) year period, from October 1, 2020 thru September 30, 2021, with options to renew for four (4) additional one (1) year periods at the mutual agreement of both parties. 2. Scope Contractor will perform services as specified in the Invitation to Bid #20-010 ("ITB"), dated March 17, 2020 (Exhibit "A") and Contractor's Bid dated April 20, 2002 (Exhibit "B") and any amendments to those documents as agreed by the parties and pursuant to this Contract. Each document stated and any amendment is incorporated in and specifically made a part of this Contract by reference. 3. Place of Work Contractor's work will be rendered within the city limits of Fort Walton Beach, Okaloosa County, Florida. 4. Commencement The work on this Contract shall by on an "As Needed Basis". The work shall be completed within thirty (30) calendar days of the date of any Purchase Order issued. 5. Contract Price & Payment 5.1 The Contract price is a sum not -to -exceed price of $13,8300.00 annually for services requested. 5.2 City will pay Contractor monthly as the work proceeds for work accomplished that meets the standards of quality established under the Contract and as approved by the City. 5.3 Invoices will be paid within forty-five (45) days of receipt by the City. All invoices shall be directed to Accounts Payable Division, City of Fort Page 1 of 8 Page 159 of 719 CITY OF FORT WALTON BEACH, FLORIDA CONTRACT NUMBER IIFWB20-0 I0 Walton Beach, 107 Miracle Strip Pkwy SW, Fort Walton Beach, Florida 32548. 5.4 All invoices must clearly indicate the City contract number and name: "FWB20-010, Sewer Chemical Root Control." 6. Time of Essence 6.1 The parties understand and agree that time is of the essence in the performance of this Contract. 6.2 The parties acknowledge and agree that there shall be no claim for damages or any claim other than for an extension of time shall be made or asserted against the City by reason of any delays. The Contractor shall not be entitled to an increase in the Contract sum or payment or compensation of any kind from the City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever. 7. Correction of Work The Contractor shall promptly correct all Work rejected by the City as faulty. defective, or failing to conform to this Contract whether observed before or after substantial completion of the Work, and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected work. 8. Safety Measures 8.1 The Contractor shall take all necessary precautions for the safety of the City and Contractor's employees on the Work site and shall erect and properly maintain at all times all necessary safeguards for the protection of the Workers, and the public. 8.2 The Contractor shall post signs warning against hazards in and around any Work site. 9. Termination of Contract for Convenience The City may terminate this Contract at its convenience with 30 days advance written notice to the Contractor. In the event of such a termination by the City, the City shall be liable for the payment of all Work properly performed prior to the effective date of termination and for all services which cannot be cancelled and were completed prior to the effective date of termination and other reasonable costs associated with the termination and expected from the provisions of the Contract and referenced documents. 10. Termination for Default. The City may terminate all or any part of an award resulting from ITB 20-010, by giving notice of default to the Contractor. if the Contractor: 10.1 Refuses or fails to deliver the goods or services within the time specified, 10.2 Fails to comply with any of the provisions of this contract or so fails to make progress as to endanger performance hereunder, or, Page 2 of 8 Page 160 of 719 CITY OF FORT WALTON BEACH, FLORIDA CONTRACT NUMBER #FWB20-010 10.3 Becomes insolvent or subject to proceedings under any law relating to bankruptcy, insolvency, or relief of debtors. In the event of termination for default, the City's liability will be limited to the payment for goods and/or services delivered and accepted as of the date of termination. 11. Indemnification Contractor agrees, to the fullest extent permitted by law, to indemnify and hold harmless the City from any amounts, including reasonable attorney's fees and costs up to and for trial and appeal, for which the City may become legally obligated to pay as damages for negligent acts, errors, and/or omissions of the Contractor arising out of the Contractor's performance under this Contract. 12. Independent Contractor Status & Indemnity At all times the Contractor will be an independent contractor and shall, therefore, agree to indemnify and save harmless the City. its officers. agents, and employees, from and against any and all liability. claims, demands. damages. fines. fees, expenses. penalties, suits, proceedings, actions and costs of action, including attorney's fees for trial and on appeal, of any kind and nature arising or growing out of or in any way connected with the performance of the Contract whether by act or omission of the proposer, its agents, servants, employees or others, or because of or due to the mere existence of the Contract between the parties. 13. Insurance and Bonds Contractor shall provide evidence of insurance coverage, and performance bond pursuant to the provisions of the General Conditions listed in the ITB. 14. Additional or Extra Work 14.1 "Additional work" shall be defined as work that results from a change or alteration in plans concerning the scope of work of this Contract, or added work necessary to meet the performance goals under this Contract. 14.2 "Extra work" shall be defined as work not required under the scope of work of this Contract. is something done or furnished beyond the Contract's requirements, and is entirely outside and independent of the Contract and not contemplated by it. 14.3 "Change order" shall be defined as a written instrument prepared by and signed by the City and Contractor, stating the specific agreement upon all of the following: the change in the scope of work. the amount of the adjustment, if any. to the Contract price. and the adjustment, if any. to the Contract completion time. 14.4 No claim for additional or extra work will be considered or paid by the City unless a request for change order is first submitted in writing by the Contractor and authorized by the City as a change order. Page 3 of 8 Page 161 of 719 CITY OF FORT WALTON BEACH, FLORIDA CONTRACT NUMBER 4FWB20-010 14.5 The City Manager, may request and approve change orders to the scope of this Contract consisting of additions, deletions, extra work, or other revisions so long as each change order does not exceed $20,000 and all change orders, in the aggregate, do not exceed ten percent (10%) of the total Contract price. 14.6 The City Council must approve any single change order that exceeds $20,000 or if the aggregate amount of change orders will exceed ten percent (10%) of the total Contract price. 14.7 All change orders shall be considered a written addendum to this Contract. 15. Miscellaneous Provisions 15.1 Assignment - Assignment of this Contract shall not be made without advance written consent of the City. 15.2 Compliance with Law The Contractor shall comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of Work under this Contract. 15.3 Piggyback Clause The Florida Interlocal Cooperation Act of 1969 allows public agencies to engage in cooperative purchasing agreements and intergovernmental agreements and contracts. Contractor thus agrees to extend the same terms, conditions and pricing to other qualified government agencies within the State of Florida. 15.4 Modifications No waiver, alterations, consent or modification of any of the provisions of this Contract shall be binding unless in writing and signed by the City Manager or his designee. 15.5 Permits. Licenses 15.5.1 The Contractor is to procure all permits. licenses, and certifications. or any such approvals of plans or specifications as may be required by federal, state and local laws. ordinances. rules, and regulations. for the proper execution and completion of the scope of work under this Contract. 15.5.2 Contractor must obtain a business tax receipt from the City of Fort Walton Beach, if required, and otherwise provide sufficient proof of a county business tax receipt and appropriate contractor's license. Page 4 of 8 Page 162 of 719 CITY OF FORT WALTON BEACH, FLORIDA CONTRACT NUMBER #FWB20-010 15.6 Work Site Conditions The Contractor shall at all times, keep the work area free from accumulation of waste materials or rubbish caused by its operations, and promptly remove any such materials to an area or waste site as designated by the City. If the Contractor fails to clean up the work site after five (5) days notice by the City, the City may complete the clean up and charge the Contractor for the costs of such clean up. 15.7 Liability for Losses Contractor shall provide for the storage of all materials, tools, equipment and consumables to be used for the project, and the methods of storage must be consistent with the City's Code and zoning provisions. Contractor is responsible for all damage or loss by fire, theft or otherwise, to materials, tools, equipment, and consumables, held in storage or left on City property by the Contractor. 16. Title and Risk of Loss The title and risk of loss to the work shall pass from the Contractor to the City upon the City's final acceptance of the work. 17. Florida Law Applies & Venue The parties acknowledge and agree that this Contract shall be construed pursuant to the laws of the State of Florida and that the venue for any action related to this Contract lies within Okaloosa County, Florida. 18. Sovereign Immunity Nothing in this agreement is intended to nor shall be construed to waive the City's rights and immunities under the Florida Constitution, common law, or Section 768.28, Fla. Stat. 19. Conflicts, Severability If there is a conflict in the terms or provisions of this Contract and any of the referenced documents, the following shall be the order of precedence from most controlling document to least controlling document: a) this Contract; b) the Request for Proposal; and c) Contractor's Bid. If there is a conflict in the terms or provisions, all non - conflicting portions of the terms or provisions of the less controlling documents shall remain enforceable. Executed on the /c " day of . 2020. CITY OF FORT WALTON BEACH, FLORIDA Date: "t,laoA"LAZA Attest: By: ael D. Beedie P.E., City Manager Page 5 of 8 Page 163 of 719 cer_c-eAcit (TITLE) has produced CITY OF FORT WALTON BEACH, FLORIDA CONTRACT NUMBER 1fFWB20-010 CONTRACTOR: Dukes Root Control, Inc. 1020 Hiawatha Blvd West Syracuse, NY 13204 By: Its: Vi CC. fith and Its:" CJry' Cam( State of County of t cl ci Cx c c The foregoing instrument was acknowledged before me on the day of �-R.- , 2020 by means of physical presence or online Notarization by i0. [ L V.L. and LuC i"> k-o_grc)(- (Name of Person Acknowledging) (Name of Person Acknowledging) v in their representative capacity as 1 Le- - (Les 1 c]efl"t and (TITLE) in (34 -0 — of the Operator, who .is personally known to me, or as identification. (TYPE OF IDENTIFICATION) Notdry Public SON1'A L. BA NOTARY PUBLIC, STATEistrabon OF NEW YORK Qual' No.01BA6022423 rfied in Onondaga County Commission Expires April 24, 2023 r�� Page 6 of 8 Page 164 of 719 CITY OF FORT WALTON BEACH, FLORIDA CONTRACT NUMBER NFWB20-010 EXHIBIT "A" ITB 20-010 — Sewer Chemical Root Control Bid Document Page 7 of 8 Page 165 of 719 CITY OF FORT WALTON BEACH, FLORIDA CONTRACT NUMBER #FWB20-010 EXHIBIT "B" CONTRACTOR'S BID Dated 04-20-2020 Page 8 of 8 Page 166 of 719 City of Fort Walton Beach, Florida SECTION I: REQUIRED FORMS SECTION 1.1 COVER SHEET ITB TITLE: SEWER CHEMICAL ROOT CONTROL ISSUE DATE: 03/17/2020 BID NO: ITB 20-010 This completed form must appear as the top sheet for all bids submitted. NO BID BOND REQUIRED FOR THIS BID ITB 20-010 — Sewer Chemical Root Control Total Amount of bid or Base bid $ 13,830.00 INDICATE METHOD OF BID BOND FURNISHED BELOW Amount of bid Bond Amount of Cashier's Check Amount of Certified Check All Items bid? Yes V No DUKE'S ROOT CONTROL , INC NAME OF BUSINESS 1020 HIAWATHA BLVD W MAILING ADDRESS SYRACUSE, NY 13204 CITY, STATE, ZIP CODE (315 ) 472-4781 TELEPHONE NUMBER $ N/A $ N/A $ N/A BRADEN BOYKO - VICE PRESIDENT NAME & TITLE (type or print) braden@dukes.com EMAIL ADDRESS ( 315) 475-4203 FAX NUMBER Page 4 of 35 Page 167 of 719 City of Fort Walton Beach, Florida ITB 20-010 — Sewer Chemical Root Control SECTION 1.2 BIDDER'S CERTIFICATION — ITB 20-010 I have carefully examined the Invitation to Bid (ITB), Instructions to Bidders, General and Special Conditions, Vendor's Notes, Specifications, proposed agreement and any other documents accompanying or made a part of this Invitation. I hereby propose to furnish the goods or services specified in the Invitation at the prices or rates quoted in my bid. I agree that my bid will remain firm for a period of up to ninety (90) days in order to allow the City adequate time to evaluate the bids. I certify that all information contained in this bid is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this bid on behalf of the vendor/contractor as its act and deed and that the vendor/contractor is ready, willing and able to perform if awarded the bid. I further certify that this bid is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a bid for the same product or service; no officer, employee or agent of the City of Fort Walton Beach or of any other bidder interested in said bid; and that the undersigned executed this Bidder's Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. DUKE' OT CONTROL , INC NAIL Q USINESS BY: Signature C BRADEN BOYKO - VICE PRESIDENT NAME & TITLE (type or print) 1020 HIAWATHA BLVD W MAILING ADDRESS SYRACUSE, NY 13204 CITY, STATE, ZIP CODE ( 315) 472-4781 TELEPHONE NUMBER ( 315) 475-4203 FAX NUMBER braden@dukes.com EMAIL ADDRESS y�(an�v DATE Page 5 of 35 Page 168 of 719 City of Fort Walton Beach, Florida ITB 20-010 — Sewer Chemical Root Control SECTION 1.3 ADDENDUM PAGE — ITB 20-010 The undersigned acknowledges receipt of the following addenda to the Documents (Give number and date of each): Addendum No. Addendum No. Addendum No. Addendum No. iv/A. Dated Dated Dated Dated FAILURE TO SUBMIT ACKNOWLEDGMENT OF ANY ADDENDUM THAT AFFECTS THE BID PRICES IS CONSIDERED A MAJOR IRREGULARITY AND WILL BE CAUSE FOR REJECTION OF THE BID. DUKE'S ROOT CONTROL , INC NAM BY: Signature BRADEN BOYKO - VICE PRESIDENT NAME & TITLE (type or print) 1020 HIAWATHA BLVD W MAILING ADDRESS SYRACUSE, NY 13204 CITY, STATE, ZIP CODE ( 315 ) 472-4781 TELEPHONE NUMBER ( 315 ) 475-4203 FAX NUMBER c/ x.0/20 DA E Page 6 of 35 Page 169 of 719 City of Fort Walton Beach, Florida ITB 20-010 — Sewer Chemical Root Control SECTION 1.4 REFERENCES ITB 20-010 REGARDING PROPOSER / BIDDER: DUKE'S ROOT CONTROL , INC All references shall be for similar product that has been delivered within the last five (5) years. The Contractor shall submit municipal references for chemical sewer root control work, which the City can verify. Each reference shall be for root control work actually performed by the Bidder (subcontractor references are not acceptable). Reference work shall have been performed with the manner of application specified herein. Similar work performed in the State of Florida is preferred. Any work performed by subcontractors for the Contractor will not be considered. Owner/Agency: MACON WATER AUTHORITY Address: 790 SECOND STREET City, State, Zip MACON, GA 31202 Contact/Phone: DARRYL MACY (478) 464-5673 Footage Treated: 815,894 Date of Treatment: AUGUST 2016 - MARCH 2020 Owner/Agency: CITY OF LAKELAND Address: 1825 GLENDALE STREET City, State, Zip LAKELAND, FL 33803 Contact/Phone: RICK RUEDE ( 863) 834-8277 Footage Treated: 84,612 Date of Treatment: SEPTEMBER 2016 - MAY 2019 Owner/Agency: CITY OF FORT WALTON BEACH Address: 107 SW MIRACLE STRIP PARKWAY City, State, Zip FORT WALTON BEACH, FL 32548 Contact/Phone: JOE COKER ( 850) 833-9617 Footage Treated: 30,226 Date of Treatment: AUGUST 2016 - JUNE 2019 Owner/Agency: COUNTY OF AUGUSTA -RICHMOND Address: 1840 WYLDS ROAD City, State, Zip AUGUSTA, GA 30909 Contact/Phone: KELSEY HENDERSON ( 706) 842-3065 Footage Treated: 462,572 Date of Treatment: JULY 2016 - MARCH 2019 TOTAL FOOTAGE TREATED: 1,393,304 Only Contractors experienced in this type of work will be considered for award. Failure to provide sufficient, verifiable references whose total work exceeds 750,000 linear feet will result in rejection of this bid. Failure to complete this page in full, and to provide valid, existing licenses and insurance, as required, will render this bid non -responsive and result in the rejection of this bid. Page 7 of 35 Page 170 of 719 City of Fort Walton Beach, Florida ITB 20-010 — Sewer Chemical Root Control CONTRACTOR'S QUALIFICATION PAGE (Page 1 of 2) SUBMIT FORM WITH BID COMPANY NAME: DUKE'S ROOT CONTROL , INC SUBMITTED BY: BRADEN BOYKO TITLE: DATE: VICE PRESIDENT 049/9-t) Contractor's Florida Certified Pesticide Applicators (List 3 minimum) 1. Name: MICHAEL LOTITO Certification #: CM13172 Years of Experience: 24 2. Name: GARY ROBERTS Certification #: CM 13171 Years of Experience: 28 3. Name: RICHARD YAZEL Certification#: CM16502 Years of Experience: 19 1. Contractor Name: DUKE'S ROOT CONTROL , INC 2. Contractor's Florida Pesticide Business License #: N/A 3. Contractor Federal Department of Transportation #: 1559146 4. Name of Proposed Chemical Root Control Agent: RAZOROOTER 11 5. Is the Proposed Product "Restricted Use" by the U.S. EPA? NO 6. Does the Proposed Chemical Root Control Agent Contain Metam Sodium? NO 7. U.S. EPA Root Control Agent Registration #: 64898-8 8. Florida Root Control Product Registration #: 64898-8 9. Does the Contractor Have Pollution Liability Insurance as Specified? YES 10. Contractor's Pollution Liability Insurance Carrier: EVEREST INDEMNITY INSURANCE COMPANY Page 14 of 35 Page 171 of 719 City of Fort Walton Beach, Florida ITB 20-010 — Sewer Chemical Root Control CONTRACTOR'S QUALIFICATION PAGE (Page 2 of 2) 11. Does the Contractor have a minimum five (5) years of experience in the type of work specified, treated in excess of 750,000 lineal feet of root treatments in the last 24 months, and completed at least (3) other jobs similar in size and scope, which the City can verify? YES 12. Are two (2) copies of the Contractor Employee Certificates of Completion in confined space entry training, per federal code 29 CFR 1910.146, attached? YES 13. Has the Contractor enclosed a recent study documenting the effects of the submitted product on wastewater treatment plants? YES 14. Please attach proof the Contractor employs a Florida Department of Transportation Maintenance of Traffic (Intermediate Level at a minimum) certificate holder. ?tot toil kuma 15. Has the Contractor enclosed proof that his/her company has been in the chemical root treatment business a minimum of five (5) years? YES 16. Does the Contractor take exception to the specifications? NO This Section left Intentionally Blank Page 15 of 35 Page 172 of 719 City of Fort Walton Beach, Florida ITB 20-010 — Sewer Chemical Root Control SECTION 1.5 DRUG -FREE WORKPLACE FORM ITB 20-010 The undersigned vendor, on 41,9Is ( .2P77 , 2020, in accordance with Section 287.087, Florida Statutes, certifies that [business] DUKE'S ROOT CONTROL , INC does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of Paragraphs 1 through 5. Check one: V As the person authorized to sign this statement, I certify that this firm complies fully with above requirements. t C As the person authorized to sign this statement, this firm does not comply fully with the above requirements. NAM SIN SS: DI 'S ROOT CONTROL , INC BY/ L SIGNATURE NAME & TITLE, TYPED OR PRINTED: BRADEN BOYKO - VICE PRESIDENT Page 8 of 35 Page 173 of 719 City of Fort Walton Beach, Florida ITB 20-010 — Sewer Chemical Root Control SECTION 1.6 PUBLIC ENTITY CRIMES FORM — ITB 20-010 SWORN STATEMENT UNDER SECTION 287.133 (3) (A) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This swom statement is submitted with Proposal, Proposal or Contract # 20-010 This sworn statement is submitted by DUKE'S ROOT CONTROL . INC whose business address is 1020 HIAWATHA BLVD W SYRACUSE, NY 13204 and (if applicable) Federal Employer Identification Number (FEIN) is 75-3026801 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement). My name is BRADEN BOYKO and my relationship to the entity named above is VICE PRESIDENT I understand that a "public entity crime" as defined in Paragraph 287.133(a)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any proposal or contract for goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that "convicted" or "conviction" as defined in paragraph 287.133(a)(b), Florida Statutes, means fmding of guilt or a conviction of a public entity crime with or without an adjudication of guilt, in any federal or state trial court of records relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: • A predecessor or successor of a person convicted of a public entity crime (or) • An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one of shares constituting a controlling income among persons when not for fair interest in another person, or a pooling of equipment or income among persons when not for fair market value under a length agreement, shall be a prima facie case that one person controls another person. A person who was knowingly convicted of a public entity crime, in Florida during the preceding 36 months shall be considered an affiliate. Page 9 of 35 Page 174 of 719 City of Fort Walton Beach, Florida ITB 20-010 — Sewer Chemical Root Control PUBLIC ENTITY CRIMES FORM Page 2 of 2 I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of the state or of the United States with the legal power to enter into a binding contract for provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active n management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) V Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in public interest to remove the person or affiliate from the convicted vendor list. (please attach a copy of the final order) The person or affiliate has not been placed convicted vendor list. (Please describe any action taken by, or pending with, the Departm of eral Servicesj... STATE OF: /(Signature) //a0/2o ( ate) COUNTY OF: The foregoing instrument was acknowledged before me by means of X physical presence or online notarization, by' -r (name of person acknowledging), who X is personally known to me or has produced (type of identification) as identification. My Commission expires EVELYN M DIGBY Notary Public, State of New York Registration #01D16271555 Qualified In Oswego County Cor hission Expires November 5, 2020 Page 10 of 35 Page 175 of 719 City of Fort Walton Beach, Florida 1.7 ANTI -COLLUSION STATEMENT ITB 20-010 — Sewer Chemical Root Control ANTI -COLLUSION STATEMENT: The below signed Proposer has not divulged to, discussed or compared his bid with other proposers and has not colluded with any other parties to bid whatsoever. (Note: No premiums, rebates, or gratuities permitted either with, prior to, or after any delivery of materials. Any such violation will result in the cancellation and/or return of material (as applicable) and the removal from bid list(s). DUKE'S ROOT CONTROL , INC Proposer's Company Name 1020 HIAWATHA BLVD W SYRACUSE, NY 13204 Address Authorized Signature BRADEN BOYKO Signature Name — Printed VICE PRESIDENT Title (315) 472-4781 braden@dukes.com Phone # 75-3026801 Federal ID # or SS # Email Page 11 of 35 Page 176 of 719 City of Fort Walton Beach, Florida ITB 20-010 — Sewer Chemical Root Control 1.8 FEDERAL E -VERIFY COMPLIANCE CERTIFICATION In accordance with Executive Order Number 11-116 from the Office of the Governor of the State of Florida, Proposer hereby certifies that the U.S. Department of Homeland Security's E -Verify system will be used to verify the employment eligibility of all new employees hired by the respondent during the contract term, and shall expressly require any subcontractors performing work or providing services pursuant to the contact to likewise utilize the U.S. Department of Homeland Securities E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term; and shall provide documentation such verification to the CITY upon request. As the person authorized to sign this statement, I certify that this company complies/will comply fully with the above requirements. DATE: ti/20/0.0 SIGNATURE: / COMPANY: DUKE'S ROOT CONTROL , INC ADDRESS: 1020 HIAWATHA BLVD W SYRACUSE, NY 13204 E-MAIL: braden@dukes.com PHONE NO.: (315) 472-4781 FAX NO.: (315) 475-4203 NAME: BRADEN BOYKO TITLE: VICE PRESIDENT Page 12 of 35 Page 177 of 719 City of Fort Walton Beach, Florida ITB 20-010 — Sewer Chemical Root Control 1.89 SCRUTINIZED COMPANIES PURSUANT TO FL STATUTES 287.135 & 215.473: By signing and submitting this bid, the undersigned proposer hereby certifies that the company is not on the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or that it does not have business operations in Cuba or Syria (for bid amounts of $1,000,000 or more). Any contract with the City of Fort Walton Beach for goods and/or services of any amount, entered into on or after July 1, 2019, may be terminated at the sole option of the City, at no cost to the City, if the company is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, or if the company is found to have submitted a false certification as provided under subsection (5) of F.S.287-135. As the person authorized to sign this statement, I certify that this with the above requirements. DATE: `'l/c9C2A0 SIGNATURE: COMPANY: DUKE'S ROOT CONTROL , INC ADDRESS: 1020 HIAWATHA BLVD W SYRACUSE, NY 13204 E-MAIL: braden@dukes.com mpany complies/will comply fully NAME: BRADEN BOYKO TITLE: VICE PRESIDENT Page 13 of 35 Page 178 of 719 City of Fort Walton Beach, Florida ITB 20-010 Sewer Chemical Root Control SECTION V: 20-010 PRODUCT PRICING SHEET (1 PAGE): (Submit with bid) Section 5 - PRICING SHEET — ITB 15-010 (SUBMIT WITH BID) Sewer line chemical root control, including all labor, materials, equipment and associated costs, shall be paid for at the unit price bid per linear foot of each size pipe. Unit prices are to be computed per linear foot from centerline of structure to centerline of structure. VENDOR NAME: DUKE'S ROOT CONTROL , INC * quantities are subject to change each year depending on the conditions of the proposed pipe sections to be treated and fiscal budget. PIPE SIZE UNIT PRICE PER LINEAR FOOT ESTIMATED FOOTAGE* EXTENDED PRICE 6 inch $1.49 2,500 $3,725.00 8 inch $1.49 5,000 $7,450.00 10 inch $1.66 1,000 $1,660.00 12 inch $1.82 100 $182.00 15 inch $2.63 100 $263.00 18 inch $4.00 100 $400.00 Additional Structures** $150.00 1 $150.00 Total Price (in figures) $13,830.00 **Treatment of structures not directly connected to main -line sections of pipe specified for treatment. 1. FOB Point: Delivered 2. Terms of Payment: (e.g. Net 45) NET 30 3. The City shall receive shipment or project completion notice within 30 days from the date Vendor receives Official Purchase Order or Notice to Proceed. ALL ITEMS QUOTED MUST BE IN COMPLIANCE WITH THE SPECIFICATIONS. IF YOU ARE TAKING EXCEPTION, INDICATE THOSE EXCEPTIONS ON COMPANY LETTERHEAD AND ATTACH TO THIS INVITATION TO BID. The City reserves the right to reject any or all bids. Bidders are cautioned not to attach any conditions, limitations, or provisions to the proposal as such conditions, limitations or provisions will render their bid informal and cause its rejection. Submittals: Failure to enclose the Contractor's Qualification Pages along with all requested licenses, references, product study on effects on wastewater treatment plants, and other requested information will render this bid non -responsive and result in the rejection of this bid. Page 34 of 35 Page 179 of 719 ACORN® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 6/25/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Krauter & Company, LLC 1350 Avenue of the Americas 18th Floor New York NY 10019 INSURED Duke's Root Control, Inc. 1020 Hiawatha Blvd. West Syracuse, NY 13204 FUMIHOL-01 COVERAGES CERTIFICATE NUMBER: 1211901800 TACT NAME: PHONE INC, No. ENO: E-MAIL ADDRESS: tcastillo@krautergroup.com INSURER(S) AFFORDING COVERAGE INSURER A : Everest Indemnity Insurance Company INSURER B : Starr Indemnity & Liability Company INSURER C : INSURER D : INSURER E : INSURER F : FAX (A/C, No): REVISION NUMBER: NAIC tl 10851 38318 H THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN LICY LTR TYPE OF INSURANCE 1Ngp SUBR POLICY NUMBER EXP (MMIDD/YVYY) IMLICY EFF M/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EF1ML00146-191 6/30/2019 6/30/2020 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X I OCCUR DAMAGE TO RENTED PREM SESjEa occurrence) 5300,000 MED EXP (Any one person) 525.000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO JECT LOC PRODUCTS - COMP/OP AGG 5 2,000,000 OTHER: Pollution Le al $ 1,000,000 B AUTOMOBILE LIABILITY 1000635722191 6/30/2019 6/30/2020 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY (Per person) OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS ONLY X NON -OWNED AUTOS ONLY P{2OPERTY DAMAGE (Per accident) $ _ — $ A X UMBRELLA LIAB X OCCUR EX: EF1C000101-191 6/30/2019 6/30/2020 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE 5 10,000,000 DED I RETENTION$ $ B WORKERS COMPENSATION 100000376100 6/30/2019 6/30/2020 OH - X STATUTE _ ER AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Yj E L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) NIA E L DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E,L DISEASE - POLICY LIMIT 51,000,000 A Pollution Legal EF1ML00146-191 6/30/2019 6/30/2020 Products Pollution 1,000,000 Contraclors Pollution 1,000,000 Site Pollution 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is listed as Additional Insured on the General Liability, Pollution Liability, Automobi e Liability and Excess Liability policies, as required by written contract, subject to policy terms, conditions and exclusions. Waiver of Subrogation is granted, as required by written contract, subject to policy terms, conditions and exclusions. Policies are primary and non-contributory. CERTIFICATE HOLDER CANCELLATION City of Fort Walton Beach Purchasing Department 105 Miracle Strip Pkwy SW Fort Walton Beach FL 32548 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 6:2 - iii ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 180 of 719 POLICY NUMBER: 1000635722191 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Douglas Products and Packaging Company, LLC Endorsement Effective Date: 6/30/2019 SCHEDULE Name(s) Of Person(s) Or Organization(s): As Required by Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA04441013 © Insurance Services Office, Inc., 2011 Page 1 of 1 Page 181 of 719 POLICY NUMBER: EF1ML00146-191 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Blanket where required by written contract. Information required to complete this Schedule, if not shown above, will be shown h the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown n the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, n whole or n part, by. 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; h the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished n connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization oth- er than another contractor or subcontractor engaged n performing operations for a princi- pal as a part of the same project. CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 O Page 182 of 719 POLICY NUMBER: EF1 ML00146-191 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Opera - tions Blanket where required by written contract. Information required to complete this Schedule, if not shown above, will be shown n the Declarations. Section 11 - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown n the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, h whole or n part, by "your work" at the location designated and described n the schedule of this endorsement performed for that additional insured and included 'ri the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 Page 183 of 719 ECG 24 506 06 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILTY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART MOTOR VEHICLE POLLUTION LIABILITY COVERGE PART SCHEDULE Name of Person or Organization: Blanket where required by written contract. Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific writ- ten request by that person or organization to you, and only if that request is made prior to the date your operations for that person or organization commenced; or 2 A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if that request is made prior to the date your operations for that person or organization commenced. (If no entry appears above, information required to complete this endorsement will be shown n the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown n the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included n the "products -completed operations hazard". This waiver applies only to the person or organization shown n the Schedule above. ECG 24 506 06 15 Copyright, Everest Reinsurance Company, 2015 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 1 0 Page 184 of 719 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule As Required by Written Contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. 100000376100 Insured 6/25/2019 Insurance Company Countersigned by Star Indemnity & Liability Company WC 00 0313 (Ed. 4-84) m 1983 National Council on Compensation Insurance. Page 185 of 719 Florida Department of Agriculture and Consumer Services Pesticide Certification Office This card is your license. It authorizes you, the license holder, to purchase and apply Restricted Use Pesticides (RUPs). Please sign your card and keep it with you when applying or purchasing RUPs. glariba 13epartmrnt of 'Flg MINIM Satedruulture ant QC Certification Office Commercial Applicator License License # CM13172 LOTITO, MICHAEL 1 Categories 1020 HIAWATHA BLVD W 7C SYRACUSE, NY 13204 Issued: September 6, 2018 Signature of Licensee Expires: September 30, 2022 ADAM H. PUTNAM, COMMISSIONER The shore individual is lioesned under de provisions dewier 47, F.S. io padres sad apply oearkud use padeids Page 186 of 719 Florida Department of Agriculture and Consumer Services Pesticide Certification Office This card is your license. It authorizes you, the license holder, to purchase and apply Restricted Use Pesticides (RUPs). Please sign your card and keep it with you when applying or purchasing RUPs. ROBERTS, GARY E 1020 HIAWATHA BLVD W SYRACUSE, NY 13204 florlba ilcpartmcnt of agriculhtre anb Congumtr Ail•crbite8 Pesticide Certification Office Commercial Applicator License License S CM13171 Categories 7C : September ' In Expires: September 30, 2022 giioalute Litepisee ADAM H. POTNAM, COMMISSIONER Its Am pr uculc. Wael is licensed under Ile po dims of ampler 487. F.S. m pvehse and apply mbic+ed use Page 187 of 719 Florida Department of Agriculture and Consumer Services Pesticide Certification Office This card is your license. It authorizes you, the license holder, to purchase and apply Restricted Use Pesticides (RUPs). Please sign your card and keep it with you when applying or purchasing RUPs. 9flonba igepartment of sf{griculture anti Consumer &crbins Pesticide Certification Office Commercial Applicator License License # CM 16502 YAZEL. RICHARD JAY CatcRorics 3125 WEST CHEROKEE AVE 7C ENID.OK 73701 Issued: February 18, 2020 Signature of Licensee Expires: February 29, 2024 n 1 &YU 41;11.1 .J NICOI,E "NIKKI" FRIED. COMMISSIONER The .bore individual is licensed ender the provisions anuses 4117 r S Is purchase and apply restricted we pesieida Page 188 of 719 rn 0 rn co a) 0) 0 Training Certificate Permit Required Confined Space CFR 29 1910.146 AWARDED TO: Michael Lotito DUK-ONTROL,�sPro duct. Se rvice. Guarant ee. For Successfu lly Completing The Duke's Root Control Permit Required Confined Space Classroom Training Program VINCENT BAUDO-INSTRUCTOR Page 190 of 719 For Successfully Completing The Duke's Root Control Permit Required Confined Space Classroom Training Program r--^ \ December 17 2015 Page 191 of 719 Training Certificate Permit Required Confined Space CFR 29 1910.146 Product. Service. Guarantee. For Successfu lly Completing The Duke's Root Control Permit Required Confined Space Classroom Training Pr ogram v --��� December 17, 2015 rn ti 9- 0 N 0) a) 0) (o 0 Training Certificate Permit Required Confined Space CFR 29 1910.146 For Successfully Completing The Duke's Root Control Permit Required Confined Space Classroom Training Program December 17, 2015 rn 0 co a) 0) 0_ Training Certificate Permit R equired Confined Space CFR 29 1910.146 ODUKE'S ROO T CON TROL, INC. Product. Service. Guarante e. For Successfully Completing The Duke's Root Control Permit Required Confined Space Classroom Training Program --� �, \ December 17, 2015 rn ti 0 7r rn 0 0) co 0_ Training Certificate Permit Required Confined Space CFR 29 1910.146 Pro duct. Service. Guar ant ee. For Successfully Completing The Duke's Root Control Permit Required Confined Space Classroom Training Program P � Mark Motto From: Giuliana F. Scott <gscott@fwb.org> Sent: Thursday, March 19, 2020 10:32 AM To: Mark Motto Cc: Giuliana F. Scott Subject: RE: Duke's Root Control Inc - Product/Materials Info - Received! Received. Thank you O Giuliana Scott, Purchasing Agent City of Fort Walton Beach 105 Miracle Strip Pkwy SW Fort Walton Beach, FL 32548 850-833-9523 gscott@fwb.org www.FWB.org From: Mark Motto <mark@dukes.com> Sent: Thursday, March 19, 2020 6:54 AM To: Giuliana F. Scott <gscott@fwb.org> Cc: Bill Anderson <Bill@dukes.com>; Braden Boyko <braden@dukes.com>; Art Woods <art@dukes.com> Subject: Duke's Root Control Inc - Product/Materials Information for ITB # 20-010 Sewer Chemical Root Control CAUTION: This email originated from outside of the City of Fort Walton Beach. Do not click links or open attachments unless you have validated the sender and know the content is safe. Please confirm receipt. Thank you and stay safe. MARK HO1TO Duke's Root Control Inc. 1020 Hiawatha Blvd W Syracuse, NY 13204 Ph: (315)234-2356 Fax: (315) 475-4203 www.dukes com ODUKE'S 1 Page 195 of 719 0.D Sr% W tC UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 Karen Warkentien Sewer Sciences, Inc. 1020 Hiawatha Boulevard West Syracuse, NY 13204 Subject: Label Amendment — Signal Word Update Product Name: Razorooter II EPA Registration Number: 64898-8 Application Dated: July 22, 2013 Decision Number: 481139 Dear Ms. Warkentien: OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION JUL -2 2014 The labeling referred to above, submitted in connection with registration under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, is acceptable. A stamped copy of your labeling is enclosed for your records. This labeling supersedes all previously accepted labeling. You must submit one (1) copy of the final printed labeling before you release the product for shipment with the new labeling. In accordance with 40 CFR 152.130(c), you may distribute or sell this product under the previously approved labeling for 18 months from the date of this letter. After 18 months, you may only distribute or sell this product if it bears this new revised labeling or subsequently approved labeling. "To distribute or sell" is defined under FIFRA section 2(gg) and its implementing regulation at 40 CFR 152.3. Your release for shipment of the product constitutes acceptance of these conditions. If these conditions are not complied with, the registration will be subject to cancellation in accordance with FIFRA section 6(e). If you have any questions, please contact Sarah Meadows by phone at 703-347-0505, or via email at meadows.sarah©epa.gov. Sinc Kathryn V. Montague, Product Manager 23 Herbicide Branch Registration Division Office of Pesticide Programs Page 196 of 719 Page 1 of 6 RAZOROOTER For use to control tree root intrusions in sanitary sewers, storm drains, and other drainage systems. ACTIVE INGREDIENT: Diquat dibromide [6,7-dihydrodipyrido (1,2 -a:2',1' -c) pyrazinediium dibromide] OTHER INGREDIENTS. 62.7% TOTAL: 100.0% This product contains 2-Ibs. diquat cation per gal. as 3.73 lbs. salt per gal. KEEP OUT OF REACH OF CHILDREN CAUTION By Weight 37.3% First Aid Have the product container or label with you when calling a poison control center or doctor, or going for treatment. If in eyes: • Hold eye open and rinse slowly and gently with water for 15-20 minutes. • Remove contact lenses, if present, after the first 5 minutes, then continue rinsing eye. • Call a poison control center or doctor for treatment advice. If swallowed: • Call a poison control center or doctor immediately for treatment advice. • Have a person sip a glass of water if able to swallow. • Do not induce vomiting unless told to do so by the poison control center or doctor. • Do not give anything by mouth to an unconscious person. If on skin or clothing: • Take off contaminated clothing. Rinse skin immediately with plenty of water for 15-20 minutes. • Call a poison control center or doctor for treatment advice. If inhaled: • Move person to fresh air. • If person is not breathing call 911 or an ambulance, then give artificial respiration, preferably by mouth-to-mouth, if possible. • Call a poison control center or doctor for treatment advice. For 24 -hour Emergency Hot Line Number medical assistance call Prosar: 1-800-291-7661. Note to Physician: Call Prosar 1-800-291-7661 at any hour to obtain toxicology information and a diquat analysis. To be effective, treatment for diquat poisoning must be performed IMMEDIATELY. Treatment consists of binding dlquat in the gut with suspensions of activated charcoal or bentonite clay, administration of cathartics to enhance elimination and removal of diquat from the blood by charcoal hemoperfusion or continuous hemodialysis. See [Side/Back/Other] Panel for Additional Precautionary Statements EPA Reg. No. 64898-8 Net Contents: EPA Est. No. Made In U.S.A. Sewer Sciences, Inc. (SSI) 1020 Hiawatha Blvd. West Syracuse, NY 13204 7/22/2013 Label Amendment, revision 1 (20140522) ACCEPTED JUL - 3 P014 IhshrihsPoksdhassillift ilspaildds N89e •g Page 197 of 719 Page 2 of 6 PRECAUTIONARY STATEMENTS Hazards to Humans CAUTION: Harmful inhaled. Harmful if swallowed. Causes moderate eye irritation. Avoid breathing spray mist. Remove and wash contaminated clothing before reuse. Wash thoroughly with soap and water after handling and before eating, drinking, chew gum or using tobacco. Avoid contact with eyes or clothing. Wear protective eyewear. Wear long sleeve shirt and long pants, socks shoes and gloves. Personal Protective Equipment (PPE) Applicators and other handlers must wear: • Coveralls over short -sleeved shirt and short pants. • Chemical -resistant gloves. • Chemical -resistant footwear plus socks. • Protective eyewear. Chemical -resistant apron when cleaning equipment, mixing, or loading. A dust/mist filtering respirator MSHA/NIOSH approval number prefix TC-21C). Follow manufacturer's instructions for cleaning/maintaining PPE. If no such instructions for washables, use detergent and hot water. Keep and wash PPE separately from other laundry. EXCEPTION: If a dosed system is used during mixing, dilution, product transportation, and deaning, and applications will be made to closed, subsurface sewers and drains, and the product will be diluted In the dosed system with water at a ratio of at least 1 part product to 50 parts water prior to use, then applicators, mixers, loaders, and other handlers may wear: Short sleeved shirt and long pants Shoes plus socks Waterproof gloves Emergency Information For spill, leak, fire, exposure, or acddent, call CHEMTREC at 1-800-424-9300. Environmental Hazards This pesticide is toxic to aquatic invertebrates. Keep out of lakes, ponds, and streams. Do not apply directly to water bodies, to areas where surface water is present or to intertidal areas below the mean high water mark. Do not contaminate water when disposing of equipment washwaters. If these wastes cannot be disposed of by use according to label instructions, contact your State Pesticide or Environmental Control Agency, or the Hazardous Waste representative at the nearest EPA Regional Office for guidance. Keep off lawns and plants, as they may be severely Injured. Foam should be shoveled off planted areas Immediately rather than washing off with water. Notify appropriate wastewater agency prior to use of this product so that It may monitor the operations of the wastewater treatment plant.User Safety Recommendations Users should: • Wash hands before eating, drinking, chewing gum, using tobacco or using the toilet. • Remove clothing immediately if pesticide gets inside. Then wash thoroughly and put on clean clothi ng. • Remove PPE immediately after handling this product. Wash the outside of gloves before removing. As soon as possible, wash thoroughly and change into clean clothing • Do not enter manholes or other confined space areas adjacent to treated areas until all foam or spray has dried and always use full Federal and State OSHA mandated procedures for confined space entry. PRODUCT INFORMATION RAZOROOTER IIT°" is uniquely suited to sewer applications. RAZOROOTER IITM is a soluble liquid designed to control tree roots in sewer, on contact. RAZOROOTER IITM is a non -selective herbicide, which works on 7/22/2013 Label Amendment, revision 1 (20140522) Page 198 of 719 Page 3 of 6 all varieties of tree roots and will not harm above -ground vegetation, when applied according to label instructions. RAZOROOTER IITM is not volatile, and will not produce toxic gases. DIRECTIONS FOR USE, It Is a violation of Federal law to use this product in a manner inconsistent with its labeling. Do not use in potable water systems. Do not use in storm, field or other drains unless effluent is treated in a sanitary sewer system. Do not apply this product In a way that will contact workers or other persons, either directly or through drift. Only protected handlers may be in the area during application. Refer to the personal protective equipment information under Precautionary Statements and use all required protective clothing and equipment. RAZOROOTER IITM may be applied directly to sewers either as a high-pressure spray or as a foam. RAZOROOTER IITM may be applied in conjunction with herbicides, surfactants and foaming agents available through FPI. RAZOROOTER IIT" is not compatible with anionic surfactants. Consider pipe size, sewer flow, lateral conditions, line obstructions, and severity of root intrusion in selecting proper application technique. Mixing Instructions Before mixing, determine the scope of work, Including pipe size and overall lineal footage, while assessing field conditions. Using the charts below as guidance, determine the amount of solution required for the job. Small Diameter Pines Total Gallons Prepared Solution Treatment Area (Lineal Feet) per Pipe Diameter 4" 6" 8" 10" 12" 10 300' 140' 80' 50' 35' 100 3000' 1400' 800' 500' 350' 200 6000' 2800' 1600' 1000' 700' 300 9000' 4200' 2400' 1500' 1050' 7/22/2013 Label Amendment, revision 1 (20140522) Page 199 of 719 Page 4 of 6 Larne Diameter Pipes Total Gallons Prepared Solution Treatment Area (Lineal Feet) per Pipe Diameter 15" 18" 21" 24" 27" 30" 36" 42" 48" 10 35' 27' 23' 20' 17' 15' 12' 11' 10' 100 350' 270' 230' 200' 170' 150' 120' 110' 100' 200 700' 540' 460' 400' 340' 300' 240' 220' 200' 300 1000' 810' 690' 600' 510' 450' 360' 330' 300' Prepare solution by mixing at a rate of 2 quarts of RAZOROOTER IITM per 100 gallons of water. Use only clean, fresh water to prepare the solution. Prepare enough solution to complete the job, or to fill the solution tank, whichever is less. Use solution promptly after mixing. If foaming method will be used, add the amount of foaming agent required to produce 20 gallons of foam per gallon of solution, as prepared above. Only use foam -making equipment approved by FPI, and additives approved by FPI which spedfically state "for use with RAZOROOTER IIT"" on the label. RAZOROOTER IIT" is not compatible with anionic surfactants. Spray Application Prepared RAZOROOTER HTM solution may be sprayed into sewers at various pressures and flow rates, depending upon the capabilities of the application equipment. Do not exceed the equipment manufacturer's recommendations for pressures and flow rates. Begin at downstream sections of the area to be treated. Insert the spray discharge hose through the length of the pipeline intended for treatment. Spray the prepared RAZOROOTER IITM solution under pressure as the hose is retrieved. Retrieve the discharge hose at a rate sufficient to contact and saturate all root masses in the pipeline with RAZOROOTER solution, applying to the point of runoff. Monitor tank level and solution flow rate to calibrate discharge hose retrieval rate, in order to evenly apply all prepared solution. Treat large pipes (15" or larger in diameter) with a hose fitted with skids designed to elevate the discharge nozzle. This will center the discharge nozzle in the pipe and enhance performance. Contact FPI to obtain skids, if needed. Treat manholes by retrieving hose vertically while spraying walls to the point of runoff. Do not re-enter manholes until sprays have dried. Foam Application Mixing prepared RAZOROOTER IITM solution with foam during application extends contact time of roots with product, and helps product to reach roots in lateral connections. Foam application equipment used with RAZOROOTER IITM must be approved by FPI and used only by applicators trained to operate the equipment. Training in RAZOROOTER IITM application by foam is available from FPI. Begin at downstream sections of the area to be treated. Insert the spray discharge hose through the length of the pipeline Intended for treatment. Spray the prepared RAZOROOTER IITM solution and foam under pressure as the hose is retrieved. Treat manholes by applying a 3" layer of foam to walls while retrieving hose vertically. Do not re-enter manholes until foam has dried. Building Laterals: Building laterals may be treated using the foaming method by injecting the foam via flow -through inflatable deanout plugs. Cap or plug all drain lines, cleanouts, and fixtures that tie into the line being treated. Determine the lateral pipe size and length and operate equipment for the time it takes to product the required amount of foam. Use caution to prevent plug blow out. 7/22/2013 Label Amendment, revision 1 (20140522) Page 200 of 719 Page 5 of 6 STORAGE & DISPOSAL Do not contaminate water, food or feed by storage, disposal or cleaning of equipment. Open dumping is prohibited. Pesticide Storage: Keep pesticide in original container. Do not put concentrate or dilute Into food or drink containers. Do not contaminate feed, foodstuffs or drinking water. Do not store or transport near feed or food. Store at temperature above 32'F. For help with any spill, leak, fire or exposure involving this material, call CHEMTREC (1-800-424-9300). Pesticide Disposal: Pestidde wastes are acutely hazardous. Improper disposal of excess pesticide, spray mixture, or rinsate is a violation of Federal Law. If these wastes cannot be disposed of by use according to label instructions, contact your State Pesticide or Environmental Control Agency, or the Hazardous Waste representative at the nearest EPA Regional Office for guidance. Container Disposal [less than 5 gallons]: Nonrefillable container. Do not reuse or refill this container. Offer for recycling if available. Triple rinse container (or equivalent) promptly after emptying. Triple rinse as follows: Empty the remaining contents into application equipment or a mix tank and drain for 10 seconds after the flow begins to drip. Fill the container 1/4 full with water and recap. Shake for 10 seconds. Pour rinsate into application equipment or a mix tank or store rinsate for later use and disposal. Drain for 10 seconds after the flow begins to drip. Repeat this procedure two more times. Then offer for recycling if available or puncture and dispose of in a sanitary landfill, or by incineration, or, if allowed by state and local authorities, by burning. If burned, stay out of smoke. Container Handling [Bulk/Mini-Bulk]: Refillable container. Refill this container with pesticide only. Do not reuse this container for any other purpose. Cleaning the container before final disposal is the responsibility of the person disposing of the container. Cleaning before refilling is the responsibility of the person refilling. To clean container before final disposal, empty the remaining contents from this container into application equipment or mix tank. FIII the contalner about 10 percent full with water. Agitate vigorously or recirculate water with the pump for 2 minutes. Pour or pump rinsate into application equipment or rinsate collection system. Repeat this rinsing procedure two more times. Then offer for recycling if available or puncture and dispose of container in a sanitary landfill, or by incineration, or by other procedures allowed by state and local authorities. Container Precautions: Before refilling, inspect thoroughly for damage, such as cracks, punctures, bulges, dents, abrasions and damaged or worn threads on closure devices. Refill Only With RAZOROOTER HTM. The contents of this container cannot be completely removed by deaning. Refilling with materials other than RAZOROOTER II"" will result in contamination and may weaken container. After filling and before transporting, check for leaks. Do not refill or transport damaged or leaking container. CONTAINER IS NOT SAFE FOR FOOD, FEED OR DRINKING WATER. 7/22/2013 Label Amendment, revision 1 (20140522) Page 201 of 719 Page 6 of 6 WARRANTY STATEMENT SSI and Seller warrant that this product conforms to Its chemical description and is reasonable fit for the purpose stated on the label when used in accordance with the directions and instructions spedfied on the label under normal conditions of use, but neither this warranty nor any other warranty of merchantability or fitness for a particular purpose, express or Implied, extends to the use of this product contrary to label instructions, or under abnormal conditions, or under conditions not reasonably foreseeable to SSI or Seller, and buyer assumes the risk of any such use. RAZOROOTER IITM Is a trademark of SSI. 7/22/2013 Label Amendment, revision 1 (20140522) Page 202 of 719 PRECAUTIONARY STATEMENTS HAZARDS TO HUMANS CAUTION: Humid O Inhaled. Harmful a swallowed. Causes moderate eye Irrita tion. Aria breathing stray mist Remove and wash contaminated dating a tom muse Wash oareugt1y wllh soap and water after hand ling and before eaar9, dnnleng, chewing gum or using thence. Arab contact with eyes of Roane. W ear protective eyawez.. W ear long skew, s5i9 and long pants, sacks shoes and gloves PERSONAL PROTECTIVE EQUIPMENT (PPE) Applicatufs an d aural h andlers molt wear. Coveralls over snort-nkeve. d stun and shoo pants. Chemical resistant paves. thermal -resistant fo otwear plus socks. Protectwa clears (Aemicd-resctant apron when cleaning equipment, manly or loading. A drnU nusl tittering respirator (MSHAIN IOSH approval number prefix TC-210)). Farm menutaota ra1 instructors for clearungrmamtumng PPE. u no each Instructions for washables. use detergent and hot w ater. Keep an0 wash PPE seperatey from onl01 W eary. EXCEPTION: If a close d system is u sed during mvng, dilution. product leanwortagen, and cleaning. and appih'.abon5 win be nude te dosed. subsurface sewers and drains, and Ina prided w4l be tklulad tan the cloud system with water at a ratio al at leas: t pan product to 50 Parts water prior to use, t en 300503tors. amts. loader. and ahem anth ers may weir • Short sleeved gut ant long pants • Shoe: plus sod s • Wa terrv rmlykh o EMERGENCY INFORM ATION For spa leak, fire, exposure, or accident, call CHEMTREC at 1.800- 17t9300, ENVMOIO EN TAL HAZARDS This pesticide ;s ton e to aquatic invertebrates. Keep out el lam ponds. and streams. 00 not apply *reedy to water baths, to were where surface w ater iS presenter to intertidal area: below to men 1071 water mark. Do not condrun a0 water rot( Reposing of equipment washaaler; n these prates cannot De dlspased of by use according to Label instructions, contact your State Pesticide or Envronmenlal control Agency, or the Ilazuelou s W aste reddese01abve at the nearest EP A Repianal Office for guidance. Keep oh awns and pants, as theymay be severely Injured. Foam should be snouted o/ planted areas im mediately rather than washing off with water. Nobly appropriate wastewater agency pr101 a use of this product se pre OMMO win.9f GwMl pt heatmam nL USER SAFETY RECOMM ENDATIONS Users should: • Wash ands before eating, drinking, chew ing gum, using tobacco 00 acing th e tedet. • Remove clothing Imm adlatey 4 peewee gets Inside. Then wa sh thoroughly and put on dean Roa red • Remove PPE rmm0dately after handling this product. Wash the 000050 of gloves before removing. As soon as possible, wadi thoroughly and range ago den clothing. • D0 riot enter manholes or other confined spa ce amts adjacent to treated areas ure a NI foams or spray has onc0 and Ahvays use fun Federa l led State OSHA mandated proced ures car confined space elitrv. 66L 40 COZ e6ed STORAGE 8 DISPOSAL Do not contaminate wales, food 01 toed by storage, disposal or cleaning of equipment. Open dumping Is pa dded. Pesticide Storage: Keep 900000100 in 0'1pnal = thou. Do not put concentrate or dilute rota food or Oak containers. Do non coat uninale feed, aor0tudts or drinking water. Do not store et tr ansport near teed or toed. Store al temperat ure above 32 'F . For help wit any spill, leak . lira or expos ure 00010 g this material , call CIEMREC 1t -8o0424- 93001. Pesticide Disposal: Pesticide wastes are acutely namedoes.lmproper Risootsal at excess pesticide. spray unit a. or n05ate is a minden at Federal law. If these w0STG canto be mspasee 01 by use accenting to WWI ashcans, contact your State P esdcMe or Emronl nen0N Co ntrol Anenty, or the Hazamous waste representative at the ntareb EPA Regional Office tar guidance . Container Disposal: Reflletle 000ntalnes Refill tAa co0aner with pesticide only. Do nel reuse this =Men0, ter a ny other purpose . Cleaning the cont30001 delete Mal disposal r0 the resporlab1ky d x10 person disposing el the container. Cleaning Beare mating k to responsli'9 of the person relating To dean container Delete final Ors p0aal, empty the remaining contras grim 8015 container Into aaarcab00 equipment or ale tank. Elaine container about 10 9eme00 lull with water. Agnate vigoreusay or men:elate water with the pump ler 2 martin. Pout Or pomp neaaa ern appllcabon 03oppl0nt 0r OyW 4 Finale collection system, iiapeat this m5m9 pmOu Gre two more ;Ian offer lu n if available or puncture and dispose of container In a sanitary t Warm. or by incineration. et by other dow el ow el by sate and loca l euthenics. Container Prec sa tiMY Berate mtraim in spect thoroughly exama30, such as cracks, punctures. 500(910.dents, abrasions and damaged or worn 0500305 en closure devices. Refill Only R n its AZOROOIER0 a. The Dnten6 of dos codeiner ,0,1007 de colnpk 1ery rel ayed fey Mama. Rentin g with m aterials other than RAZOROOTFRW 9 va t mud in contamina tion an d may i'weaken corlwner. After fling and Glom tramportmµ c heck for leaks. !Do not retie or transport damage d or 10akmg contaner. AMER IS NOT SAFE FOR F000, FEED OR DRONING W ATER. WARRANTY STATEMENT SSI and Seller warrant that this productconform s to its chemical and is masou bly 81 to the (130 9000 staled on the label meanti e° vein the drea ms and in altuabons 1p•deedon Ih rOmml concha. d ute . but Mltle'aat warranty nor cony c el ter a ntel xleyy or atrhes: la a partake carpo se, errs extends to Ito use of Ors prod uct omaay to label Irate aanmal con3bo113 or under Milian non ra se en(ty 5S1 d Wet, an d buyer eearrr,08 the nak or any suet, use. RAZOROOTE00 II a a bdsmerk of 551 SPECIMEN RAZOROOTER®II FO SE TO C ONTROL THE OT INTRUSIONS IN SANITAR ERS, ST ORM DRAINS, D NS AND OTHER DRAINAGE SYSTEMS By10W d hyep,tham.Ygpyrrdeadlandbnidaj...... 37311 3730 . Nips* KEEP OUT OF REACH 1LDREN aMNnrr MO ea ten Wan .. .., n eater andoer; mgohng Sr _ Sr er r • NM asp *wail time twee del tar 15-201riar bs. • dappwadWet. drim& - ninules, than MOM Ilrial ins i1aNs afMa•• . oiler et White •IOaaapron 110ae at IM O /bl e a _ • be MO ION valley Relive lOM iv did se 4 ,antr a wag et data •Gm ands la ma tams i r b our nea OW* mplasa d*,3IP/a +Tg�11tt aeo�ray� .1 .,.. NanNAiNyarwh Wele►1%016 ter a { a�eClld dot as Orr in Tsidret al *ION* • 1N/Oa la heel IL Ldrar d., aaOgdal •bMoe tdet StrewsSY lfltatqqaa/lhtt1 P OdMrt�i M. . ..14 001 r • �" • /aril l -7 9lyIttlaltlg aerrla 0b ' ' one a Room* not *NW N. be afh 8 babel* M s WS ta94a a or Dnaortn IwcmNxarrt8 °V OA ltJi1100 1 an101W1aelau r anima ataltdd�rlt Oran* Orman ape ramovN re 01000 by /811 Sire Paellas Aam bolsd hscandawy EFW 193} Se, *MU EPA Tic So Gt r Cona nt Madera U woe s, Inc (SSP W owata Olvd West Syracuse, NY 13204 G ALLONS PREPARED a• t0 PRODUCT INFORMATION SPRAY APPLICATION RAZOROOTER®11 is unqudr lured to sear a p8c3tons PAZO9OOTE01a Prepared RAZOROOTER® 11 'elution may be sprayed into sewers at II in a saheb liquid des pond to control tit to uts In sewer. on contact variouspressures endflow rates, dependnomon lhecapabilitiesofthe RAZOROOTER® 11is a noe.oelective herbicide, which works on all varieties of application awned Do nol owned the equpnwnt manufacturer's nee roots WO cog nv. hams aeos ogrwrO vsgeratat when applied warring recommor' Oelnr m 1or pressures am low rates. to lab el instruct ors RAZOR00TERN II in not vcaenle, and will ns =t e toxic gases. Begin al downheem servars d the ara lu be tutt ed than th e Many cheerer, hose 031107.1 to lungsW Na eosins 1110 0 3 ter DIRECTIONS FOR USE boatmen( £bray the Gauged RAZOROOTERfe II sokman Itldat pressure at, the hose is retrieved. Retrieve the dscharge hose Mande It is a vi olation of Federal law to use this product in a m anner inconsistent with sufficient to contact and saturate sa mint m anes in the pipeline with its labeling. RAZOROOTER®11 solution, orty.1 to Ina Gast o1 runoff. Monier tank lave and solution fla w rate to calibrate discharge hose retrieval Do not use in table waters systems Do not use in stor m field r other drains rate in order to evenly all red solution Po .a pods prepared unless effluent is treated in a cannery sewer system Treat large pipes (15 ' or larger in diameter) with a hose filed with skids Do rot apply this Roa n n a pr ay that eta coned **Geri a that poser s Resigned to elevate the aythi rge soy, The ova cenlerthe Rumba e ther casha t ro upe Sift O nly preload harden tray be in he wise noz.do in the pipe and enhanc e pr•.fommce Contact SSI to (Math doing application Ren a to no par --anal 00 7005ye amerced mlol nwGn skids, it needed under Precautionary Statements and use all required protective clothing and equipment_ Treat manholes by reomsng r gso vertically 00700 exaying walls to the point of an on. So t ar rea 0I00 manholes until :may: hav e dried RA:OROOTERIS II Ma be agreed dlrecty ro s ewers ether as a hog ',pressure 000,7 or at • bans RAZOROOTERO d may to mated in coryun:r:on with FOAMAPPUCATION 0711,0idrs, .uriechnb sO loured agents 0431010 through SSI. Mixing prepared RAZ0R00TER® 11 solution with loa m during RAZOROOTER® II is not corrgatmle with anionic surfactants. application extends c ontact time of roots Will product, and helps Rolm IC roaear mate in lateral 0etwe<( na Form v acation C0eiderpipe size, sewer flow, lateral conditions, line obstructions, and severity equartint man rah 042041001909 R rant be approved by SS1 d nog inbuelon in selecting proper application technique . and used only edepplicaters egad to aerate to agepmnt Training n RAZOROOTERe 11 macaw by loan u m akable from SSI . MIXING INSTRUCTIONS Begin at do wnstream sections of the area to be treated Insert the Baton mRlp, x+0,0,8 he mope d wash. Includes PM size and overall spray dw]arge hose taco the Mrgp el 7a R pelin a Intended to Ina leafage wide maser* Sold condalvw . piing Pa charts below as hutment S uer the prepood RAZOR OOTERO 11 a dltm and foam Odra 00000n0 the amount of aria, 501100 to t o 9b . aver p .000 n as coo hem Is 1e0.ewd SMALL GAIETER PIPES Treat manholes by appyirg a 3' layer of loam to w as while rat iedng h ose vertically . Do not re-enter manhole until foam has dried Building Lat eral' 8uad'q Ichra k may os fr amed I o m h8 f or erun method hYplug wlaang he loom she,0.20. orpr1 mllotdM 0M al0ul I sW 0 Cap 00 dug d dam In ns. d moAs. and cants thal be Ink to tow bo ng owed. r°gamr a to atsrd pee um and length o ne oparn0 equipment for the Eme it tak es to produce the required amount of loan Use caution to prevent plug blow out TOTAL TREAT FEET) ER I i`P t. (2 ' GM' M I 2400' 1 1590 SOO 570' 350' 700' ttYaO' 279 300 9000' s TOTAL GALLONS PREPARED SOLUTION TREAT MENT AIWA (IREALF0EI( PER PIPE METER 10 it 21• 2C 2r 30 • W 4? or T1QQ 35' Y' 22 29' 17 15 ' 17' 11' u 170 350 ' 270' 230' 700' 117' 150 120 '110' Inv ��0 790 SKr 460• 4W' ]M 300' 340 27 270 Orr 3 1000' 810' 690 600' 510' 450' 367 ' 33' 300' %Pre wean tip trued et a rate of 2 oats d RA20ROOTE0O O per 100 patina d day de wage. Use n. fresh wafer lo crea m th e sok* *, I.r,w e 0100070150005 00 I0000,11,0 I(, or t allith. laabon lank *Seaver n bas Ils e :el ution pave* afte r mane h kwnne method rri on w ad, em lM armrest at toenting agent roamed produce 20 pol ar d loam 9900 pion d auto s,. a: papered •007. Orly une lolntalterypms71 syreved by SST and a0d6wes etpraved W 551 010 8De0ata/y awe to us e with R A20500TE09 10 on gat Intel 400209001010918 11500014300901not<omega an 1600 1 lox' Sewer Sciences, Inc. RAZO ROOT E R® 11 SAFETY DATA SHEET Page 1 of 7 (SECTION 1: PRODUCT IDENTIFICATION Product Identity: RAZOROOTER® II Use: Herbicide Manufacturer: Sewer Sciences, Inc. 1020 Hiawatha Blvd., West Syracuse, NY 13204 Manufacturer Phone: 315-472-4781 Current Revision: 06/01/2015 Emergency Telephone Number: Transportation (24 Hours) CHEMTREC: 800-424-9300 Outside the United States call 202-483-7616 (collect calls accepted.) FOR 24 -HOUR EMERGENCY MEDICAL ASSISTANCE CALL PROSAR 1-800-391-2584 (SECTION 2: HAZARDS IDENTIFICATION Classifications: Corrosive to Metals: Category 1 Oral: Category 4 Inhalation: Category 3 Specific target Organ Toxicity: Repeated Category 2 Eye Damage/Irritation: Category 2B Signal Word (OSHA) Danger Hazard Statements: Hazard Symbols: Precautionary Statements: May be corrosive to metals Harmful if swallowed Causes eye irritation Toxic if inhaled May cause damage to organs through prolonged or repeated exposure Keep only in original container. Do not breath mist, vapors, spray. Wash hands and face thoroughly after handling. Do not eat drink or smoke when using this product. Use only outdoors or in a well -ventilated area. If swallowed: Call a poison center, doctor or Prosar if you feel unwell. Rinse mouth. If inhaled: Remove person to fresh air and keep comfortable for breathing. If in eyes: Rinse cautiously with water for several minutes. Remove contact lenses if Present and easy to do. Continue rinsing. Call a poison center, doctor or Prosar. Get medical advice if you feel unwell. See Section 4 First Aid Measures. Page 204 of 719 Sewer Sciences, Inc. RAZO ROOTE R® 11 SAFETY DATA SHEET Page 2 of 7 (SECTION 2: HAZARDS IDENTIFICATION (cont'd) If eye irritation persists: Get medical advice. Absorb spillage to prevent material damage. Store locked up. Store in corrosive resistant plastic, plastic -lined steel, stainless steel or fiberglass container. Dispose of contents and container in accordance with local regulations. Other Hazard Statements: Flammable hydrogen gas may be formed on contact with incompatible metals. See "Conditions to Avoid", Section 10.. 'SECTION 3: COMPOSITION/INFORMATION ON INGREDIENTS Chemical Name Common Name CAS Number Concentration Other Ingredients Other Ingredients Trade Secret 62.7% [6,7-dihydrodipyrido(1,2-a:2',1'-c) Diquat Dibromide 85-00-7 37.3% pyrazinediium dibromide] Ingredients not precisely identified are proprietary or non -hazardous. Values are not product specifications. 'SECTION 4: FIRST AID MEASURES Have the product container, label or Safety Data Sheet with you when calling Prosar (800-391-2584), a poison control center or doctor, or going for treatment. Ingestion: If swallowed: Call Prosar (800-391-2584), a poison control center or doctor immediately for treatment advice. Do not give any liquid to the person. Do not induce vomiting unless told to do so after contacting Prosar (800-391-2584) or by a poison control center or doctor. Do not give anything by mouth to an unconscious person. Eye Contact: If in eyes: Hold eye open and rinse slowly and gently with water for 15-20 minutes. Remove contact lenses, if present, after 5 minutes, then continue rinsing eye. Call Prosar (800-391- 2584), a poison control center or doctor for treatment advice. Skin Contact: If on skin or clothing: Take off contaminated clothing. Rinse skin immediately with plenty of water for 15-20 minutes. Call Prosar (800-391-2584), a poison control center or doctor for treatment advice. Inhalation: If inhaled: Move person to fresh air. If person is not breathing, call 911 or an ambulance, then give artificial respiration, preferably mouth-to-mouth if possible Call Prosar (800-391-2584), a poison control center or doctor for further treatment advice. Most important symptoms/effects: Eye irritation Indication of immediate medical attention and special treatment needed To be effective, treatment for ingestion of the product must begin IMMEDIATELY. Treatment consists of binding the active ingredient, diquat, in the gut with suspensions of activated charcoal or bentonite clay, administration of cathartics to enhance elimination and removal of diquat from the blood by charcoal hemoperfusion or continuous hemodialysis. Page 205 of 719 Sewer Sciences, Inc. RAZOROOTER® II SAFETY DATA SHEET Page 3 of 7 'SECTION 5: FIRE FIGHTING MEASURES Suitable (and unsuitable) extinguishing media: Use dry chemical , foam or CO2 extinguishing media. If water is used to fight fire, dike and collect runoff. Specific Hazards: This product may form flammable and explosive hydrogen gas when in contact with aluminum. During a fire, irritating and possibly toxic gases may be generated by thermal decomposition or combustion. Special protective equipment and precautions for firefighters: Wear full protective clothing and self-contained breathing apparatus. Evacuate nonessential personnel from the area to prevent human exposure to fire, smoke, fumes or products of combustion. (SECTION 6: ACCIDENTAL RELEASE MEASURES Personal precautions, protective equipment, and emergency procedures: Follow exposure controls/personal protection outlined in Section 8. Methods and materials for containment and cleaning up: Control the spill at its source. Contain the spill to prevent from spreading or contaminating soil or from entering sewage and drainage systems, or any body of water. Clean up spills immediately, observing precautions outlined in Section 8. Cover entire spill with absorbing material and place into compatible disposal container. Scrub area with hard water detergent (e.g. commercial products suchTide, Joy, Spic and Span). Pick up wash liquid with additional absorbent and place into compatible disposal container. Once all material is cleaned up and placed in a disposal container, seal container, and arrange for disposition. SECTION 7: HANDLING AND STORAGE Precautions for safe handling: This product reacts with aluminum to produce flammable hydrogen gas. Do not mix or store in containers or systems made of aluminum or having aluminum fittings. Store the material in a well -ventilated, secure area out of reach of children and domestic animals. Do not store food, beverages or tobacco products in the storage area. Prevent eating, drinking, tobacco use, and cosmetic application in areas where there is a potential for exposure to the material. Wash thoroughly with soap and water after handling. Conditions for safe storage, including any incompatibilities: Store locked up 'SECTION 8: EXPOSURE CONTROLS/PERSONAL PROTECTION THE FOLLOWING RECOMMENDATIONS FOR EXPOSURE CONTROLS/PERSONAL PROTECTION ARE INTENDED FOR THE MANUFACTURE, FORMULATION AND PACKAGING OF THIS PRODUCT. FOR COMMERCIAL APPLICATIONS CONSULT THE PRODUCT LABEL. Occupational Exposure Limits: Chemical Name OSHA PEL ACGIH TLV Other Source Other Ingredients Not Applicable Not Applicable Not Applicable Not Applicable Diquat Dibromide Not Established 0.5 mg/m3 TWA 0.5 mg/m3 TWA (0.5 Manufacturer Total; 0.08 respirable) Page 206 of 719 Sewer Sciences, Inc. RAZOROOTER® 11 SAFETY DATA SHEET Page 4 of 7 'SECTION 8: EXPOSURE CONTROLS/PERSONAL PROTECTION (cont'd) Appropriate engineering controls: Use effective engineering controls to comply with occupational exposure limits (if applicable). Individual protection measures: Ingestion. Prevent eating, drinking, tobacco usage and cosmetic application in areas where there is a potential for exposure to the material. Wash thoroughly with soap and water after handling. Eye Contact: Where eye contact is likely, use chemical splash goggles. Skin Contact: Where contact is likely, wear chemical -resistant gloves (such as barrier laminate, butyl rubber, Nitrile rubber, neoprene rubber, natural rubber, polyvinyl chloride [PVC] or Viton), coveralls, socks and chemical -resistant footwear. Inhalation: A respirator is not normally required when handling this substance. Use effective engineering controls to comply with occupational exposure limits. In case of emergency spills, use a NIOSH approved respirator with any N, R, P or HE filter. {SECTION 9: PHYSICAL AND CHEMICAL PROPERTIES Appearance: Odor: Odor Threshold: pH: Melting point/freezing point: Initial boiling point and boiling range: Flash Point (Test Method): Flammable Limits (% in Air): Flammability: Vapor Pressure: Vapor Density : Relative Density : Solubility (ies): Partition coefficient: Autoignition Temperature: Decomposition Temperature: Dark brown liquid Odorless Not Available 4-6 Not Applicable Not Available Not Applicable Not Available Not Applicable Diquat Dibromide <10(-8) mmHg @ 77°F (25°C) Not Available 1.202 g/ml @ 68°F (20°C) Diquat Dibromide 718,000 mg/I @ 68°F (20°C) and pH 7.2 n-octanol/water: Not Available Not Applicable Not Available Viscosity: Not Available Other: None Page 207 of 719 Sewer Sciences, Inc. RAZOROOTER® 11 SAFETY DATA SHEET Page 5 of 7 'SECTION 10: STABILITY AND REACTIVITY Reactivity: Not reactive. Chemical stability: Stable under normal use and storage conditions. Possiblity of hazardous reactions: Will not occur. Conditions to Avoid: Concentrate should not be stored in aluminum containers. Spray solutions should not be mixed, stored or applied in containers other than plastic, plastic -lined steel, stainless steel or fiberglass. Incompatible materials: None known. Hazardous Decomposition Products: Flammable hydrogen gas may be formed on contact with aluminum. See "Conditions to Avoid", Section 10. 'SECTION 11: TOXICOLOGICAL INFORMATION Health effects information Likely routes of exposure: Dermal, Inhalation Symptoms of exposure: Eye irritation Delayed, immediate and chronic effects of exposure: Eye irritation Numerical measures of toxicitv (acute toxicity/irritation studies [finished oroductll Ingestion: Dermal: Oral (LD50 Female Rat): 886 mg/kg body weight Dermal (LD50 Rabbit): > 5050 mg/kg body weight Inhalation: Inhalation (LC50 Rat): 0.62 mg/I air — 4 hours Eye Contact: Mildly Irritating (Rabbit) Skin Contact: Slightly Irritating (Rabbit) Skin Sensitization: Not a Sensitizer (Guinea Pig) Reproductive/Developmental Effects Diquat Dibromide: Mutagenicity: No evidence in in vivo assays Development Toxicity: In rabbit studies a small percentage of fetuses had minor defects at 3 and 10 mg ion/kg/d. Chronic/Subchronic Toxicity Studies Diquat Dibromide: Kidney weight decreases and cataracts seen in dogs at 12.5 mg ion/kg/d No evidence for neurotoxic effects in rats dosed up to 400 ppm ion in diet for 13 weeks Carcinogenicity Diquat Dibromide: Chemical Name No evidence of carcinogenicity in rat and mouse studies. NTP/IARC/OSHA Carcinogen Other ingredients No [6,7-dihydrodipyrido(1,2-a:2',1'- No c)pyrazinediium dibromide] Page 208 of 719 Sewer Sciences, Inc. RAZO ROOT E R® 11 SAFETY DATA SHEET Page 6 of 7 'SECTION 11: TOXICOLOGICAL INFORMATION (cont'd) Other Toxicity Information None Toxicity of Other Components Other ingredients Target Organs Active ingredients Inert ingredients Not Applicable Diquate Dibromide: Other ingredients: 'SECTION 12: ECOLOGICAL INFORMATION Eye, kidney Not Applicable Eco-Acute Toxicity Diquat Dibromide: Environmental Fate Diquat Dibromide: 'SECTION 13: DISPOSAL CONSIDERATIONS Fish (Rainbow Trout) 96- hour LC50 14.83 ppm Invertebrate (Water Flea) Daphnia Magna 48 -hour EC50 0.77 ppm Green Algae 4 -day EC50 9.4 ppb Bird (Mallard Duck) 14 -day LD50 60.6 mg/kg The information presented here is for the active ingredient, diquat dibromide. Stable in soil and water. Immobile in soil Sinks in water (after 24 h) Disposal: Do not reuse product containers. Dispose of product containers, waste containers, and residues according to local, state, and federal health and environmental regulations. Characteristic Waste: Not Applicable Listed Waste: Not Applicable 'SECTION 14: TRANSPORT INFORMATION DOT Classification Comments Ground Transport — NAFTA Proper Shipping Name: Hazard Class: Identification Number: Packing Group: Water Transport Proper Shipping Name Hazard Class: Identification Number: Packing Group: Air Transport Proper Shipping Name: Hazard Class: Identification Number: Packing Group: 'SECTION 15: REGULATORY INFORMATION Corrosive Liquid, N.O.S. (Diquat Dibromide) Class 8 UN 1760 PG III International Corrosive Liquid N.O.S. (Diquat Dibromide), Marine Pollutant Class 8 UN 1760 PG I II Corrosive Liquid, N.O.S. (Diquat Dibromide) Class 8 UN 1760 PG III Page 209 of 719 Sewer Sciences, Inc. RAZOROOTER® 11 SAFETY DATA SHEET Pesticide Registration: Page 7 of 7 This chemical is a pesticide product registered by the Environmental Protection Agency and is subject to certain labeling requirements under federal pesticide law. These requirements differ from the classification criteria and hazard information required for safety data sheet, and for workplace labels of non -pesticide chemicals. Following is the hazard information as required on the pesticide label: Caution: Harmful if inhaled. Harmful if swallowed. Causes moderate eye irritation. Avoid breathing spray mist. Remove and wash contaminated clothing before reuse. Wash thoroughly with soap and water after handling and before eating, drinking, chewing gum, or using tobacco. Avoid contact with eyes or clothing. Wear protective eyewear. Wear long sleeve shirt and long pants, socks, shoes and gloves. EPA Registration Number: 64898-8 EPCRA SARA Title III Classification: Section 311/312 Hazard Classes: Acute Health Hazard Section 313 Toxic Chemicals: None California Proposition 65 None CERCLA/SARA 304 Reportable Quantity (RQ) Report product spills >= 268 gal. (based on diquat [RQ = 1,000 lbs.] content in the formulation) RCRA Hazardous Waste Classification (40 CFR 261) Not Applicable TSCA Status Exempt from TSCA, subject to FIFRA 'SECTION 16: OTHER INFORMATION NFPA Hazard Ratings Health: Flammability: Instability: 2 1 0 Original Issued Date: Revision Date: 4/11/2002 6/1/2015 HMIS Hazard Ratings Health: Flammability: Reactivity: 2 1 0 Replaces: 11/10/2014 0 Minimal 1 Slight 2 Moderate 3 Serious 4 Extreme * Chronic Sections Revised: 1-16 Sewer Sciences, Inc. believes that the information and recommendations contained herein (including data and statements) are accurate as of the date thereof. NO WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE CONCERNING THE INFORMATION PROVIDED HEREIN. The information provided herein relates to the specific product designated and may not be valid where such product is used in combination with any other materials or in any process. Further, since the conditions and methods of use of the product and of the information referred to herein are beyond the control of Sewer Sciences, Inc., Sewer Sciences, Inc. expressly disclaims any and all liability as to any results obtained or arising from any use of the product or reliance on such information. Page 210 of 719 THE FATE AND EFFECTS OF DIQUAT DIBROMIDE IN WASTEWATER TREATMENT PLANTS AFTER UTILIZATION FOR KILLING ROOTS IN SEWERS Clifford W. Randall, PhD The C.P. Lunsford Professor of Environmental Engineering Z. Kisoglu, MS, E. U. Cokgor, PhD, W. Punrattanasin, MS, U. Erdal, MS and T. Sriwiriyarat, MS Environmental Engineering, Virginia Polytechnic Institute and State University, Blacksburg, Virginia 24061-0246 ABSTRACT: The fate and effects of diquat dibromide in the influent wastewater to activated sludge wastewater treatment systems was investigated and evaluated. Diquat dibromide is the active ingredient in formulations used to control the growth of roots into sewers. This practice can result in calculated diquat concentrations ranging from 0.67 mg/L for a flow of 10 mgd up to 6.7 mg/L for a flow of 1 mgd, given that the amount of formulation applied in a workday would be four gallons, which is typical. The sorption of diquat by both raw sewage particles and activated sludge suspended solids was determined. Diquat concentrations that ranged from 0.93 to 12.6 mg/L in the influent flow to two continuous flow pilot plant activated sludge systems were used for investigative purposes. One of the systems was a full biological nutrient removal (BNR), VIP process configuration system, and the other was a conventional fully aerobic system. Both systems were fed municipal sewage spiked with diquat, and operated at a mixed liquor temperature of 10 °C and an MCRT of 10 days. A control BNR system also was maintained. The results show that only about 20% of the diquat in raw sewage flow will be removed by adsorption to the sewage solids, but 80% or more of the diquat will be removed in activated sludge systems. When the influent diquat concentration was approximately 1 mg/L, over 99.3% of the diquat was removed by the activated sludge process. Some of the removal was believed to be by biodegradation. The concentration reduction by activated sludge was 83.3 and 91.7 % for influent diquat concentrations of 10 and 12.6 mg/L, respectively. The diquat used had no observable detrimental effects on any of the biological processes of the continuous flow fully aerobic and VIP BNR activated sludge systems. However, an influent diquat concentration of 12.6 mg/L to the fully aerobic system clearly increased the oxygen uptake rate by as much as 19%, and the total oxygen consumed over a four hour period by 9.3%. This increase was much more than could be explained by the additional COD of the added diquat, and it is clear that the presence of diquat stimulates the OUR of activated sludge. It presence also increased denitrification during the experiments, probably because the increased OUR reduced the DO concentrations in the flocs. A 10 mg/L diquat concentration slightly reduced the nitrifier growth rate in a batch test determination when compared to a control, but the rate measured, 0.764 d-1, is an excellent rate and is higher than the 0.65 d-' value that is typically used for design. The observed effluent diquat concentrations from the continuous flow pilot plant systems either had no or very mild toxicity for Ceriodaphnia dubia (water fleas) during acute toxicity testing, and over 80% reproduction continued to occur. This included effluent concentration samples when the influent diquat concentration was 12.6 mg/L. It was not possible to calculate an LC50 for diquat because of the low toxicity, however, it was noted that diquat toxicity increases as the dissolved solids concentration decreases, for conductivity measurements of 250 units or less. The typical effluent conductivities were 400 to 600 units, and toxicity was very low. Page 211 of 719 INTRODUCTION Diquat Dibromide (diquat) is the active ingredient in the widely used landscape and aquatic herbicide formulation manufactured by Zeneca Agrochemicals, a subdivision of Zeneca Professional Products, Inc., and marketed as RewardTM. It is a non -selective contact herbicide, algicide, desiccant and defoliant, and its largest use is as a desiccant for potato crops. RewardTM also is repackaged and sold as RazorooterTM for the control of root growth in sewers. RazorooterTM is used by Duke's Sales and Services, Inc., Syracuse, NY, to control the growth of roots into sewers, and as a less toxic alternative to metam sodium-dichlobenil products. The metam products contain sodium methyldithiocarbanate (metam sodium) as their active ingredient, and it is known to be very inhibitory to nitrifying bacteria. RewardTM (RazorooterTM) contains 36.4% diquat dibromide and 63.6 % inerts. When used for root control, RazorooterTM is carried by foam that floats on the surface of the sewage and brings it into contact with the roots. The foam and residual RazorooterTM are then carried by the sewage flow into the wastewater treatment plant(s) downstream of the point of application. Diquat Dibromide (C12H12Br2N2i MWt: 344.07) is the common name for 6,7-dihydrodipyrido (1,2- a:2',1' -c) pyrazinediium dibromide, and it has a 70% solubility in water at 20 °C (Zeneca, 1998). According to the manufacturer, RewardTM rapidly dissipates in water due to the high water solubility and adsorptive characteristics of the diquat cation. USEPA (1995) states that diquat dibromide's primary route of environmental dissipation is strong adsorption to soil particles. Therefore, when it is used as an aquatic herbicide, the diquat is removed from the water column by adsorption to soil sediments, aquatic vegetation, and organic matter. USEPA (1995) also states that diquat does not hydrolyze or photodegrade, and is resistant to microbial degradation under aerobic and anaerobic conditions. However, the manufacturer states that RewardTM in water is subject to both photodegradation from the action of sunlight (t 1/2 = 74 days) and microbial degradation (Zeneca, 1998), but agrees that it does not hydrolyze. Regardless, USEPA (1995) states that diquat is expected to pose only a minimal risk to aquatic organisms from exposure to runoff, and does not cause adverse effects to freshwater fish. They also say that freshwater invertebrates are not likely to be adversely affected by its use in the short term, although reproductive rates may be affected. However, no data is provided to support the apparently speculative comment regarding reproduction. PROJECT OBJECTIVES The objective of this series of experiments was to investigate the fate and effects of diquat dibromide when applied as RazorooterTM and mixed with raw sewage, settled sewage, and activated sludge, and when introduced into activated sludge wastewater treatment systems. Both fully aerobic and biological nutrient removal (BNR) activated sludge systems were used for experimental purposes, and both continuous flow and batch reactors were used. The experiments were designed to address the following issues: 1. The extent of adsorption on sewage and activated sludge particulate matter and subsequent removal via settling, 2. The effects of pH, pH change resulting from nitrification, and autooxidation of biomass on the desorption of diquat back to solution. 3. Effects on major activated sludge bacterial population groups, such as aerobic heterotrophs, nitrifiers, denitrifiers and phosphate -storing bacteria, 4. Effects on all wastewater treatment plant operations and standard NPDES permit requirements, such as sludge settleability, effluent COD or BOD, and effluent total suspended solids (TSS), and 5. Effects on effluent toxicity. 2 Page 212 of 719 EXPERIMENTAL METHODS It was expected that the effects of diquat on nitrification and other biological processes would be a function of the diquat concentration in the influent to the activated sludge (biological) process. Therefore, it was necessary to determine the probable range of concentrations that would reach the activated sludge reactor. Typically, no more than four gallons of RewardTM is applied to a sewer during a workday. One gallon of RewardTM contains 2,119 grams of diquat dibromide (560 g/L), so it is anticipated that the total amount of diquat used in the sewers during a workday will be 8,476 grams. Then, the concentration of diquat that will be in the sewage influent to the treatment plant will be a function of both the amount of diquat that is consumed while destroying the roots, and the amount of sewage flow to the treatment plant. If it is assumed that none of the diquat is consumed during the application, a very conservative assumption, then the potential diquat concentration in an 8 hour flow at the rate of 1 million gallons a day (mgd) would be 6.7 mg/L. Also, the concentration in the flow to a 10 MGD plant would be only 0.67 mg/L. However, most plants have a diurnal variation in flow such that the flow is greater than average during the workday, typically by about 40%. Consequently, the actual diquat concentration entering the plant during the workday is expected to be somewhat less than 4.8 mg/L to a 1 MGD plant, depending upon the amount of consumption, and less than 0.48 to a 10 MGD plant. Furthermore, an additional removal would occur in the primary clarifier of those plants equipped with primary sedimentation. The raw sewage sorption tests indicated that about 18% of the diquat would be removed during sedimentation from an influent concentration of 4.80 mg/L. Therefore, the probable final soluble concentration would be about 3.46 mg/L to the biological process of a 1 MGD plant when preceded by primary sedimentation, assuming no further dilution from recycle streams within the plant, and would be about 0.35 mg/L in a 10 MGD plant. Based upon these assumptions and calculations, it was decided to use a low concentration of 1 mg/L during the experiments and see if any toxic effects were observed at that level. If no significant effects were observed at that concentration, then there would be no need to investigate lower concentrations. The representative high concentration was selected from an actual case history wherein 5 quarts of RewardTM were applied to a 2000 foot section of sewer immediately upstream of an 0.5 MGD activated sludge plant without primary sedimentation over a period of 3 hours. The flow to the plant was a steady 0.5MGD during the period, so no adjustment was made for diurnal flow. The calculated concentration, assuming no diquat loss from consumption, was 11.2 mg/L. Therefore, 12 mg/L was selected as a "worse case" concentration. The experiments were performed using pilot scale and laboratory scale activated sludge systems established and maintained by Virginia Tech doctoral -level Environmental Engineering graduate students under the direction of Dr. Clifford W. Randall. Three continuous flow systems receiving sewage pumped directly from the main sewer that serves central Blacksburg, Virginia and the Campus of Virginia Tech were housed in a small building maintained at a constant temperature of 10°C. The schematic flow diagrams for the two types of systems, and the volumes of each of the reactors, are shown in Figures la and lb. Each system received a sewage flow of approximately 207 liters per day. Two of the three systems were operated for full biological nutrient removal (BNR), i.e. both nitrogen and phosphorus removal, and the third was operated as a fully aerobic activated sludge system. The two BNR systems had nominal hydraulic retention times (HRTs) of 12 hours total, and the fully aerobic system had a nominal HRT of 8 hours. One of the BNR systems was operated as a control for nitrification, denitrification and biological phosphorus removal (BPR). The other two systems were fed short-term (three to 24 hours) doses of RazorooterTM that resulted in influent diquat concentrations that varied from 0.93 to 26 mg/L in the separate experiments. Laboratory batch -type experiments were used for several purposes. They were used to evaluate the adsorption rates of diquat on both raw and settled sewage, to determine nitrification rates, to further evaluate the effects of diquat on BPR, and to determine total (OUR) and specific (SOUR) oxygen uptake rates. 3 Page 213 of 719 1 Q — Aerobic Retum 1Q —E-10. II 1-0. 11 1 Q — Anoxic Return I : Anaerobic; 8.7 L II : Anoxic; 8.7 L III: Aerobic, 23.1 L 111 111 111 1Q-RAS Figure la. BNR Configuration used for both Control and Experimental systems; Q = 207 L/d 1Q 33L 33L —1.1 Q - RAS Figure lb. Fully aerobic system; Q = 207 L/d Concentrations and performance parameters were monitored throughout the continuous flow experiments using samples collected at selected times. The concentrations and fate of diquat in the experiments were observed by measuring diquat using a high performance liquid chromatography (HPLC) method developed by USEPA (Hodgeson, et al., 1992) and adapted by the Western Research Center of Zeneca Ag Products (1999). COD, MLSS, MLVSS, TSS, VSS, TKN, ammonium, nitrite, nitrate, total phosphorus, phosphate concentrations and alkalinity were measured in accordance with Standard Methods (1995). Dissolved oxygen (DO) concentrations were measured during the continuous flow experiments using Yellow Springs Instruments meters and probes, and pH was measured using Fisher Accumet Model 620 pH meters. OUR and SOUR were determined during the continuous flow experiments using in -situ methods with continuous substrate feeding. OUR measurements during the batch experiments were made using probe -and -bottle techniques (Method 2710B, Standard Methods, 1995). DO and OUR measurements were made using an Oxi 3000 Microprocessor Oximeter. The pH meter used in the laboratory was a Fisher Accumet Model 620. Nitrification rates were determined using the method of Dold (1999). 4 Page 214 of 719 RESULTS SORPTION OF DIQUAT Both USEPA (1995) and Zeneca (1998) report that diquat rapidly and strongly binds to soil and sediment particles, and this is the primary mechanism of dissipation of diquat water concentrations in the environment. Zeneca states that, "More than half the residues in aquatic bodies will have disappeared from the water phase within 12 hours. The binding of diquat to soil and sediment also means that its potential for leaching into groundwater is negligible." It is likely that the binding of diquat to soil and sediment particles occurs because diquat is a cation, and its removal by soil or sediment is related to the cation exchange capacity (CEC) of the soil/sediment. The CECs of soils vary from high to medium to low, with each CEC value being a strong function of the clay content of the soil. Therefore, the rate and total amount of diquat removal by a soil will be determined by the CEC of the soil, and this will vary considerably. Also, it is logical that the amount of diquat removed from solution by sewage or activated sludge particles will be primarily a function of the CEC of the particles, although a small amount of removal could occur because the particles are organic and some physical sorption could occur. However, sewage particles have low CEC values, and their concentrations are relatively low, so it was expected that the amount of sorption by raw sewage particles would be small. Activated sludge particles, on the other hand, are present in much higher concentrations than sewage solids. Therefore, it was expected that the sorption of diquat by activated sludge would be considerably greater. The results of two sorption tests of diquat on raw sewage particles are tabulated in Table 1, and illustrated by Figure 2. The initial measurement of diquat in the 10-mg/L reactor was concluded to be in error, probably because of inadequate mixing prior to taking the sample. The results show that very little sorption occurred at diquat concentrations of both 1 and 10 mg/L, for a raw sewage TSS concentration of 221 mg/L with a volatile fraction of 82%. The maximum sorption for 1 mg/L occurred after 15 minutes, and it was 28%, or 0.281 mg/L. After that there was a slow desorption of the diquat, resulting in less than 20% net sorption after 1 hour. If the initial soluble diquat mearsurement after addition of diquat to the 10 mg/L reactor is accepted as erroneous, the sorption of diquat during the first 15 minutes of mixing was only 0.0439 mg/L, i.e., less than 5%. The overall results indicate that slightly more than 1.3 mg/L (13%) of the 10 mg/L of diquat had been sorbed after 1 hour, but all but 0.288 mg/L of it had desorbed after 8 hours. The results clearly show that diquat is not substantially removed from solution by raw sewage solids. It can be concluded that sorption of diquat by raw sewage organic solids at typical VSS concentrations is not a major mechanism for the removal of diquat from solution. It can be further concluded that primary sedimentation will remove only a small fraction of the diquat from solution, which means that most of it will continue on to the following biological process. Table 1. Removal of Diquat Dibromide by Raw Sewage Particles (TSS = 221 mg/L, VSS = 181 mg/L) Remaining Diquat, (mg/L) Time (min) 0 15 30 45 60 120 240 480 1440 Initial Diquat=1 mg/L Initial Diquat=10 mg/L 0.740 0.719 0.774 0.785 0.820 0.752 0.863 0.823 0.807 7.722 9.561 9.567 8.779 8.640 8.918 8.850 9.712 9.653 5 Page215of719 Diquat Adsorption Tests with Raw Sewage TSS=221 mg/L, VSS=181 mg/L 0 o) c 3) 'E E E 14.0 12.0 4.? 10.0 u.- 8.0 6.0 4.0 2.0 0.0 0 240 480 720 960 1200 1440 time (min) -.-w/10mg/L • w/1mg/L • • • Figure 2. Sorption and desorption of diquat on raw sewage particles 0.90 0.80 - 0.70 0.60 2 0.50 0.40 c E 0.30 ( 0.20 0.10 0.00 Activated Sludge Sorption The sorption of diquat on activated sludge particles was evaluated through several batch experiments, and the results are summarized in Table 2. The first three batch tests evaluated the sorption of 1 and 10 mg/L diquat on MLSS concentrations of 4530 to 4750 mg/L. The batch sorption tests included an isotherm determination experiment wherein the same amount of diquat (10 mg/L) was applied to five different concentrations of the same activated sludge. The MLSS concentrations for the isotherm determination varied from 876 to 3808 mg/L MLSS. Table 2 also contains the results observed during determinations of oxygen uptake rate (OUR) changes obtained with activated sludge MLSS concentrations of 6700 mg/L and diquat solutions of both 12.3 and 24.3 mg/L, applied in separate experiments. Additionally, the results of experiments designed to determine the effects of pH, and of pH changes induced by nitrification of a poorly buffered wastewater, on the desorption of diquat from MLSS, are included in the table. The data obtained were used to calculate both sorption and desorption rates, and to determine the Freundlich isotherm coefficients, and this information is provided in Table 2. The results show that diquat is sorbed to a much greater extent in an activated sludge environment than by raw sewage particles. Apparently this is because activated sludge particles are present in much greater concentrations than raw sewage particles. In two tests of 0.93 mg/L diquat solutions, 67 & 75% of the diquat was immediately sorbed during mixing with MLSS concentrations of 4750 and 4635 mg/L, respectively. While the total sorption was about 80%, the adsorption per particle was only 0.00014 mg diquat per mg MLSS. In comparison, the initial sorption per particle in the raw sewage experiment for 1 mg/L diquat was 0.00118 mg/L, more than 8 times the sorption per particle of activated sludge for a similar initial diquat concentration. Similarly, the diquat sorption per raw sewage particle from a 10 mg/L solution was 0.00615 mg diquat per mg particles, whereas the sorption by activated sludge from a 9.3 mg/L solution was only 0.00121 mg diquat per mg particles. Thus, the sorption per particle for raw sewage was 5 times greater than the sorption per activated sludge particle from a 9 to 10 mg/L diquat concentration. Regardless, the total sorption of diquat by activated sludge was much greater that the total sorption by raw sewage solids, and this is the important point with respect to the fate and effects of diquat dibromide in wastewater treatment 6 Page 216 of 719 systems. Raw sewage solids at a concentration of 221 mg/L removed only 20% of a 1 mg/L concentration, and only 13% of a 10 mg/L solution after 1 hour. By contrast, activated sludge at a concentration of 4,605 mg/L removed more than 88% of a 1 mg/L concentration, and almost 60% of a 10 mg/L concentration after 1 hour of mixing. The results also show that most of the diquat removal occurs immediately upon mixing with the activated sludge. During the Batch #1 and #2 experiments, 78 and 84% of the total diquat removed from 0.93 mg/L concentrations was removed immediately upon mixing. Also, 77% of the total amount removed from the 9.3 mg/L concentration was immediately removed by brief mixing. Diquat Tests w/10 mg/L Initial Diquat and w/o pH Effect IS/MLSS, TS/MLSS (mg/mg) o. 00500 0 00450 0 00400 0 00350 0 00300 0 00250 0 00200 0 00150 0 00100 0 00050 0 00000 y =-0.0019Ln(x) + 0.0171 R2=09869 y = -0 0014Ln(x) + 0 0131 R2 = 0 9773 0 1000 2000 3000 4000 5000 MLSS (mg/L) ♦ IS/MLSS ■ TS/MLSS Figure 3. Impact of changing MLSS values on initial and total diquat sorption on activated sludge. The isotherm experiments showed that both the initial and total amounts of diquat sorption by activated sludge were a strong function of the particle concentration (Figure 3). Activated sludge MLSS concentrations of 876 to 3808 mg/L were used to sorb diquat from a 10 mg/L diquat solution. The reasonably smooth curves of Figure 3 were obtained. The total diquat sorption per activated sludge particle varied from 0.00458 to 0.00157 mg/mg, with the higher sorptions occurring at the lower MLSS concentrations. However, the highest MLSS concentration (3808 mg/L) removed nearly 73% of the diquat from solution whereas the lowest concentration (876 mg/L) removed only 40%. The Freundlich isotherm equation derived from the results was: X/M = (0.000703)CW° 988) Where X = the sorbed diquat mass M = the mass of activated sludge present C = the equilibrium concentration of diquat when sorption was complete (Equation 1) 7 Page 217 of 719 Table 2. Summary of the results of diquat sorptio n e xperime nts, and Freundlich Isotherm of diq uat sorption on activated sludge Test Initial pH Final pH MLSS mg/L Initial Diquat mg/L Initial Sorptio n mg/L Equilibri um Conce ntration mg/L Total S orption mg/L IS/MLSS mg/mg TS/MLSS mg/mg Sorption Eqn Desorp. Eqn Sorption Rate X/M=(O .00O7O3)C« 1 °" X/M Isotherm/Data Batch #1 4750 0 93 0.624 0.133 0 797 0 00013 0 00017 y = 0.2926 x'10d7 0 .1087 0 00009 0 544 Batch#2 4635 0.93 0 .694 0.104 0 826 0 00015 0 00018 y = 0 2273x" 1u79 0.1079 0 00007 0 399 4580 9.3 4 .261 3 733 5.56 0.00093 0 00121 y = 4 9498x" 03" 0.0339 0.00267 2 195 Freundlich 876 10.0 3 06 6 .06 3 .94 0 00349 0 00450 y = 8 .1861 x"°413 0.0413 0 00436 0 969 Isotherm 1655 10.0 3 .80 4 67 5 33 0 00229 0.00322 y = 7 4594x4)°643 0 .0643 0 00335 1 040 2472 10 0 4 70 3 67 6 .33 0 00190 0.00256 y = 6 6489x" 0S1" 0.0818 0 00262 1 023 3214 10 0 5.04 3 00 7.00 0 00157 0.00218 y = 6.0706x4)°97 0 097 0 00214 0 981 3808 10 0 5 61 2 68 7 32 0 00147 0.00192 y = 5 1398 x-°"95 0 .0895 0 00191 0 992 OUR 6700 17 4 5 22 7 85 4 34 0 00078 0.00065 y = 11 795x" U5° 0 056 0 00566 8.735 6700 34 7 10 4 18 7 5 57 0 00155 0 00083 y = 23 649 x" 0321 0 0321 0 01364 16 4 pH Study 7.9 8.5 1930 7.8 3. 30 2 73 5.07 0.00171 0.00263 y = 4.6279x''''' ` 0.0726 0 .00194 0 739 NI 7.0 8 1 1930 7 8 2 96 3 03 4 77 0 00154 0.00247 -0 OGG3 y= 4.9135 x 0 .0663 0.00216 0 875 6.0 6 7 1930 7.8 3 10 4 71 3 09 0 00160 0 00160 y = 4 7865 x" 024 y = 0 1968Ln( x) 0 024 0 00337 2 108 + 3 279 pH Study 7 9 6 0 2130 10 4 3 43 6 62 3 80 0.00161 0 00179 y = 6 8832x'''''' y = 0.573Ln( x) + 0 0337 0 00476 2 665 #2 2 449 8.0 6.0 2268 10,4 3. 49 6. 86 3.56 0 00154 0 00157 y = 6 8548 x4")2° y = 0 .5711 L n( x) 0 0247 0 00493 3 .141 + 2 7038 Initial So rption was determined by the diquat concentration remain in g in solution immediately after mixi ng into the mixed liquor Total Sorption was determin ed by the lowest observ ed diquat concentratio n, which was after 24 ho urs e xcept whe n desorption occurred. 66Ld086Zabed 8 Further analysis of the results showed that, while the MLSS concentration determined the magnitude of the initial sorption, the subsequent rate of sorption was not a function of the MLSS concentration. Additional experiments showed that the amount of the initial sorption was not a function of the mixed liquor pH, as illustrated by Figure 4. However, both the rate of sorption and the total amount of sorption were a function of the mixed liquor pH. The latter results are illustrated by Figures 4 and 5. Diquat Tests w/10 mg/L Initial Diquat and w/ pH Effect 0.00300 0.00250 0.00200 0.00150 0.00100 0.00050 0.00000 50 • y = 0.0004x - 0.0009 R2 = 0.896 y=3E-05x+0.014 R2 = 0.1737 5 5 6.0 6.5 7.0 7.5 8.0 8.5 9.0 Final pH • IS/MLSS • TS/MLSS Figure 4. Impact of varying final pH values on initial and total diquat sorption on activated sludge. 0.080 0.070 Diquat Tests w/10 mg/L Initial Diquat and w/ pH Effect 0.060 c2 ▪ 0.050 - p 0.040 E 0.030 - o 0.020 0.010 0.000 • ■ y=0.0191x=0.0902 R2=_0.8846__ 5 0 5.5 6.0 6.5 7.0 7.5 8.0 8.5 9 0 Final pH Figure 5. Impact of final mixed liquor pH values on diquat sorption rates. 9 Page 219 of 719 Additional tests showed that diquat will desorb back to solution from activated sludge solids at slightly acidic pH values. Figure 6 compares the results of batch tests with an initial diquat concentration of 7.8 mg/L at initial mixed liquor pH values of 7.9, 7.0 and 6.0. The graph shows that very little desorption occurred at pH values of 7.9 and 7.0, but nearly all of the sorbed diquat was released back to solution after about 12 hours at an initial mixed liquor pH of 6.0 and a final pH of 6.5. Growing, nitrifying activated sludge was used for this experiment, and the activated sludge concentrations in the three batch reactors increased from 20 to 25% during the first 8 hours of these batch experiments due to biomass growth. An additional set of pH experiments (pH #2) was performed wherein complete nitrification was permitted to reduce the final MLSS pH values to 6.0, which would be typical of what would occur in a nitrifying system that was not adequately buffered by alkalinity. About 20% of the removed diquat was desorbed back to solution. pH Effect Assessment 9.0 8.0 7.0 rn E 6.0 a 5.0 8 Ca • 4.0 co 3.0 E ce 2.0 1.0 0.0 • y = 4.7865k° °24 R2 = 0.6673 y = 0.1968Ln(x) + 3.279 R2 = 0.7892 y = 4.9135x-0 0663 R2 = 0.9139 y = 4.6279k°.°726 R2 = 0.9004 0 200 400 600 800 1000 1200 1400 1600 time (min) • pH=7.9 ■ pH=6.0 ♦ pH=7.0 • Initial Diquat Figure 6. Impact of initial pH values on diquat sorption profiles. Sorption/Removal in Continuous Flow Systems The sorption (removal) of diquat by continuous flow activated sludge systems also was evaluated. A 1-mg/L concentration of diquat was fed to a BNR system for a period of 24 hours in one experiment, and, in two separate experiments, diquat concentrations of 10 and 12.6 mg/L were fed to the fully aerobic system for a period of 3 hours each. The results were observed, and are summarized in Appendix Tables 1 and 2. All continuous flow systems were operated at an MCRT of 15 days, and at a constant temperature of 10°C. The MLSS concentration in the aerobic zone of the BNR system averaged 5,535 mg/L, which was a VIP configuration and, thus, the MLSS concentration is greater than what it would be for other configurations. The MLSS averaged 3,650 mg/L in the fully aerobic continuous flow pilot system. The BNR system fed an influent concentration of 1 mg/L diquat for 24 consecutive hours discharged effluent diquat concentrations of 0.053, 0.035 and 0.014 mg/L after 12, 24 and 48 hours, respectively, 10 Page 220 of 719 for diquat removals of more than 94% for all observations. It is intriguing that the effluent concentration was less after 24 hours of diquat feeding than it was after 12 hours, considering that the same concentration of diquat was being fed to the system over that entire period. This result suggests that the diquat was being hydrolyzed and/or biodegraded during the experiment. The results from the two experiments when the fully aerobic activated sludge system fed 10 mg/L diquat for 3 hours are listed in Appendix Table 2, and diquat sorption and progression through the system is illustrated by the data plots in Figure 7. The plots show the progression of the diquat through the activated sludge system with time, and also show that the highest effluent concentration observed was 1.63 mg/L, which was observed 6 hours after the beginning of diquat addition. Thus, diquat removal by the system was approximately 84% or greater at all times. Once diquat addition was stopped, the effluent diquat concentrations decreased quickly relative to the HRTs of the reactors. Summary The sorption experimental results show that only a small amount of the diquat will be removed by sorption to the particles in raw sewage. However, most of the diquat will be removed from solution during activated sludge treatment because of the high concentration of biomass solids present. Removals were particularly good during treatment in continuous flow systems that were designed and operated in a manner similar to full-scale treatment plants, and fed municipal sewage. Diquat removals of 94% or more were achieved when the influent diquat concentration was approximately 1 mg/L for a period of 24 hours. The maximum effluent concentration observed from a fully aerobic system that was fed nearly 10 mg/L of diquat for three hours was 1.63 mg/L. Regardless, substantial diquat concentrations may remain after diquat sorption is complete, depending upon the initial diquat concentration relative to the activated sludge concentration. Also, slightly acidic pH conditions can result in the release of most of the sorbed diquat back to solution during aerobic treatment. It was possible to determine a Freundlich isotherm equation for the sorption of diquat by activated sludge. Diquat Profile - System 3 Soluble Diquat (mg/L) 2.4 2.2 2.0 1.8 1.6 1.4 1.2 1.0 0.8 0.6 0.4 0.2 0.0 10.0 r� - 9.0 8.0 • 7.0 6.0 5.0 - 4.0 3.0 • ` 2.0 1.0 • • 0.0 0 2 4 6 8 10 12 14 16 18 20 22 24 26 time (hr) AE1 AE2 -- EFF • INF Diquat in the Influent (mg/L) Figure 7. Change in soluble diquat concentrations with time, continuous flow experiment with l0mg/L diquat in the feed to the fully aerobic system, 15 d SRT, MLSS= 3,645 mg/L, T=10°C. 11 Page 221 of 719 IMPACTS OF DIQUAT DIBROMIDE ON BIOLOGICAL PROCESSES The effects of diquat on biological processes were evaluated by effluent and profile measurements during the continuous flow experiments, and further evaluated using batch studies. Table 3 compares continuous flow data from the control BNR system with continuous flow results from the experimental BNR system when fed 1 mg/L of diquat for 24 hours, and the fully aerobic system when fed approximately 10 mg/L and 12.6 mg/L for 3 hours in two separate experiments. The results indicate that diquat concentrations of 1 mg/L or less have negligible detrimental effects on the several biological processes that occur in BNR systems. The BNR #2 data columns show that performance was similar to that of the control system, and that there were no significant changes in effluent quality after 24 hours of feeding an influent that contained 1 mg/L diquat. One mg/L diquat is a greater diquat dosage than a 10 mgd plant without primary sedimentation would receive over an 8 hour workday of killing roots in sewers. The two most significant changes observed between t=0 and t=24 hrs were an increase in the effluent soluble Kjeldahl nitrogen (SKN) concentration (1.4 mg/L) and a decrease in the effluent phosphate concentration (1.17 mg/L). Diquat contains two nitrogen atoms per mole, and logically this caused the increase in SKN. The improvement in phosphorus removal was unexpected, but certainly indicates that 1 mg/L diquat has no toxic effect on BPR. The results from the two experiments wherein concentrations of 10 and 12.6 mg/L diquat were fed with the influent to the fully aerobic system were mixed, but generally indicated that even concentrations this high have little if any detrimental effects on BNR processes. The most significant changes observed were a 3.3 mg/L decrease of effluent nitrate and a 1.94 increase of effluent phosphate during the Aerobic 1 experiment. However, neither of these changes was confirmed by the Aerobic 2 experiment. There was an increase in effluent nitrite nitrogen from 0.9 to 2.02 mg/L during Aerobic 2, but this was different from the results of the Aerobic 1 experiment. From the results it was concluded that influent diquat concentrations as high as 12.6 mg/L had no significant detrimental effects on the continuous flow biological wastewater treatment processes. Table 3. The effects of diquat on the performance of biological treatment processes Parameter (mg/L) BNR#1 Control 7/27-8/15 BNR#2 lmg/L-24hr feeding 8/9/00 Aerobic 1 10 mg/L-3hr feeding 8/8/00 Aerobic 2 12.6 mg/L-3hr 9/5/00 t=0 t=24hrs t=0 t=8hrs t=0 t=4hrs MLSS 4758 5830 5468 3576 3700 3510 3775 MLVSS 3361 4250 3864 2984 3108 2805 3065 Inf. COD 417 306 306 348 348 310 310 Eff. COD 16.1 23 19 19 25 40 40 Inf. TKN 61 61 22 22 43 43 Eff. NH4-N 1.21 0.0 0.0 0.0 0.0 0.0 0.0 Eff. NO3-N 10.2 10.7 11.4 11.5 8.2 15.8 16.8 Eff. NO2-N 0.0014 0.0 0.0 0.0 0.0 0.9 2.02 Eff. SKN 2.8 4.2 1.4 6.6 Inf. PO4 -P 12.0 11.3 11.3 5.9 5.9 2.0 2.0 Eff. PO4 -P 1.02 1.55 0.38 2.47 4.43 0.0 0.0 12 Page 222 of 719 The Effects of Diquat on Nitrification and Denitrification The effects of diquat on nitrification were of greatest concern during the experiments because diquat had been selected as a replacement root killing chemical for sodium methyldithiocarbamate (aka metam sodium), a known strong inhibitor of nitrification in activated sludge systems. Therefore, the effects of diquat on nitrification rates, when applied to biological systems in the RewardTM formulation, were further studied using both continuous flow and batch experiments. Also, sufficient data was collected during the experiments to evaluate the effects on denitrification. The complete results of the continuous flow experiments summarized in Table 3, are given in Appendix Tables 1, 2 and 3. The effluent ammonium concentrations indicate that 1 mg/L influent diquat had no effect on nitrification in the experimental BNR system. The influent TKN concentration was 60.8 mg/L, and the effluent ammonium concentration after 24 hours of diquat feeding was non -detectable, i.e., 0 mg/L. Also, there was no impact on denitrification. The BNR system was denitrifying recycle flows of 2 Q (414 L/d), which resulted in an effluent nitrate nitrogen concentration of 10.7 mg/L before diquat addition. Then, the effluent nitrate was 10.6 and 11.4 mg/L as N after 12 and 24 hours of diquat addition. The effluent nitrate was 12.17 mg/L 48 hours after the start of the experiment. The small increase in effluent nitrates observed was the result of a small increase in the amount of TKN in the wastewater rather than a decrease in the total amount of nitrification. During the 9.3 mg/L diquat experiment with the fully aerobic system, the concentration of nitrate in the effluent was lower than the concentration of 11.5 mg/L most of the time during and after the addition of diquat for 3 hours. It was as low as 8.16 mg/L 6 hours after addition began, and 8.2 mg/L 8 hours after, indicating that denitrification may have been stimulated rather than inhibited. When the influent diquat concentration to the fully aerobic system was 12.6 mg/L, the effluent nitrate concentrations increased slightly, from 15.8 mg/L at the start to as much as 17.1 two hours after addition started, but was only 12.4 eight hours after the start. The impact of diquat on the effluent nitrate would not have been observed in the effluent as early as 2 hours after the start of addition, given the HRT of the system. Any significant diquat effects would have been observable in the effluent after 8 hours. Thus, this result appears to confirm that diquat stimulates denitrification rather than inhibit it. Nitrification Rate Determinations Batch nitrification rate tests were performed to more fully investigate the effects of RewardTM on the rate of nitrification. The results are shown in Table 4. Table 4. Batch Determinations of Nitrification Rates, BNR sludge with SRT = 14.5 days Experiment Diquat Conc. MLVSS Nitrifier Conc., XN Max. Growth Rate, uA ma/L _ mg/L mg/L d-' Control Test 1 0 3,391 100 0.64 Diquat Test 1 1.0 3,391 100 0.66 Control Test 2 0 3,325 90 0.816 Diquat Test 2A 1.0 3.325 90 0.826 Diquat Test 2B 10.0 3,325 90 0.764 Soluble Diquat = 0.2, 0.16 and 4.23 mg/L in Diquat Test 1, 2A & 2B, respectively The results show that a diquat concentration of 1 mg/L had a negligible effect on the nitrifier growth rate. In fact, the nitrifier growth rate for both experiments with 1 mg/L diquat were measured as slightly higher than the rate measured for the control reactor. However, the differences were small and not statistically significant. A dosage of 10 mg/L diquat appeared to decrease the the nitrifier growth rate by 6%, but the rate observed (0.764 d-') in the reactor that had 10 mg/L diquat is a very 13 Page 223 of 719 high rate relative to typical rates, including the one determined in the first 1 mg/L test, and this indicates that the nitrifier population in the 10 mg/L experiment was very healthy and effective. The sludge used for these batch experiments was taken from the last aerobic reactor of the continuous flow control system. Oxygen Uptake Rate Determinations Apparently the greatest impact that high concentrations (10 mg/L) of diquat have on activated sludge is an increase in the oxygen uptake rate (OUR). An experiment was performed wherein the fully aerobic continuous flow system was fed a batch of settled sewage for 4 hours, then 10 mg/L of diquat was added to the influent for 3 hours and the results observed. The complete results for this experiment are given in Appendix Table 3, and the changes in both OUR and the specific oxygen uptake rate (SOUR) are illustrated by Figure 8. Impact of Diquat on Activated Sludge OUR and SOUR in AE#1of the Fully Aerobic System (9-5-00) 70 60 50 S 40 a) E 30 - rt O 20 10- 0 0 2 4 6 8 10 12 14 16 18 20 22 24 26 time (hr) 500 450 400 N 350 > J 300 a) 250 a 0 200 E 150 re 100 0 co 50 0 OUR --a— SOUR Figure 8. The observed changes in oxygen uptake rate in Aerobic Reactor 1 of the Fully Aerobic System, resulting from feeding 12.6 mg/L diquat for 3 hours. The figure shows that there was a short-term (< 1 hr.) decrease in OUR and SOUR immediately following the addition of diquat to the system. However, this decrease, which is evidenced by only one observation that may be an outlier, was followed by a 3 -hour increase in OUR/SOUR relative to the initial uptake rate. The OUR observed in the first reactor (AE1) 3 hours after diquat feeding began was 16% greater than the rate before diquat was added. The pre-diquat OUR in AE1 was 49.7 mg/L/hr, so the OUR in AE 1 increased by slightly more than 8 mg/L/hr. The OUR in the second reactor (AE2) increased by nearly 5.4 mg/L/hr because its OUR pre-diquat was only 19.8 mg/L/hr. The data in Table 5 shows that the combined rate of OUR for both reactors three hours after diquat addition began was 19% greater than the pre-diquat rate. The data in Table 5 also shows that, while the OURs in the two reactors increased by as much as 16% and 27%, respectively, the combined total oxygen utilization in both reactors from time = 0 through the time of OUR measurement, increased 14 Page 224 of 719 by only 9.3 % compared to utilization before diquat addition began, and the percent increase was the greatest four hours after addition began. The increase in OUR and total oxygen consumption would be compensated for automatically if the wastewater treatment plant (WWTP) was equipped with continuous DO monitoring interfaced with the blowers. However, if the plant is fully loaded and not equipped for continuous monitoring, then the WWTP operators would need to make adjustments to the blowers. If operating compensations were not made, then DO concentrations in the mixed liquor could drop below desirable concentrations and excessive denitrification and floating sludge could occur in the secondary clarifiers. For most WWTPS this is unlikely to be a problem. Table 5. Increase in total system oxygen utilization after feeding 12.6 mg/L diquat for three hour: Conventional Fully Aerobic Activated Sludge System. Influent Diquat Date of exper. Influent COD Reactor Increase in Oxygen Utilization mg/L mg/L Initial Rate After 3 hours After 4 hours After 8 hours After 24 hours mg/L/hr % % % % 12.6 9/05/00 310 AEI 49.7 16 14 4 -20 AE2 19.8 27 18 20 0 Combined Rate 34.8 19 15 9 -14 Combined Total O2 Utilization mg/hr 2,294 6.65 9.3 9.2 -0.9 Full Scale Results Diquat was applied to the sewers of Bowie, Maryland from Monday, November 13 through Friday November 17 at the following rates: Monday 1.0 gallons Tuesday 4.0 Wednesday 3.0 Thursday 4.0 Friday 1.5 The flow to the Bowie BNR WWTP was 2.189 mgd on the 13th, 1.891 mgd on the 14th, 1.968 on the 16th, and 2.079 mgd on the 17th. This plant does not have primary sedimentation. Therefore, the maximum diquat concentrations that could have reached the WWTP during the workday, with the conservative assumptions that flow during the workday was average and no consumption occurred during root killing, was 1.5, 2.7, 3.4 and 2.4 mg/L, respectively. It was assumed that the diquat was applied over a four hour period on the 13th and 17th, and over an eight hour period the rest of the days. The WWTP MLSS concentration averaged 2800 mg/L over the five day period. The effluent soluble phosphorus concentrations on the 15th, 16th @ 7:10 am, 16th @ 10:00 am, and on the 17th were 0.06, 0.04, 0.14, and 0.06 mg/L, respectively. These effluent concentration were very similar to the values of 0.06, 0.08 and 0.06 mg/L observed on November 6, 7 & 8, respectively. Effluent ammonium concentrations were not measured during the week of diquat addition, but the effluent alkalinity concentrations were the same as the preceding week, indicating that the same balance of nitrification 15 Page 225 of 719 and denitrification was occurring. The preceding week, the two effluent ammonium nitrogen concentrations measured had the same value, 0.28 mg/L. By comparison, the application of metam sodium to the same sewer system in December disrupted nitrification for a period of more than 3 months, with effluent ammonium nitrogen concentrations as high as 9 mg/L. EFFLUENT TOXICITY Effluent toxicity is another concern that must be considered when a potentially toxic chemical such as a herbicide enters a WWTP and is not fully biodegraded. The sorption experiments demonstrated that diquat is not completely removed from solution during treatment. The amount discharged in the effluent is small relative to the amount in the influent, but concentrations as high as 1.63 mg/L were observed in the effluent when 10 mg/L was fed into the influent. Effluent samples were collected from the continuous flow systems at selected times, and analyzed for acute and chronic toxicity using Ceriodaphnia dubia (water fleas). The results are listed in Appendix Tables 1, 2, & 3. Samples were collected at 24 hours after the 1 mg/L diquat concentration was added to BNR experimental system, and compared to an effluent sample collected from the control BNR system, which never received any diquat. It was assumed that the diquat concentration would be likely to peak after 24 hours of constant feeding. However, the effluent diquat concentration was 0.035 mg/L after 24 hours whereas it was 0.053 mg/L after 12 hours of constant feeding. Apparently the activated sludge was able to adapt to and degrade diquat at a slow rate, but sufficiently fast to reduce the concentration with time, even though the influent concentration was the same throughout the experiment. The mortality rate for the water fleas in the 24 hour sample was only 5% greater than what was observed in the control sample, and it was not possible to determine a LC50 value because the toxicity was too low. Reproduction of the water fleas continued at a greater rate than that required by EPA to pass the chronic test. Composite samples were collected from the fully aerobic system during both experiments when 10 mg/L diquat was added to the influent for 3 hours. The samples were collected over the time period when it was assumed the effluent diquat concentrations would be at a maximum, i.e., 6, 6.5 & 7 hours after diquat addition began. Also, samples were collected and tested after 24 and 48 hours. Again, a sample was collected from the Control System for comparison. The mortality rate in the composite sample from the first 10 mg/L diquat experiment was 15% greater than the control, but, again, it was not possible to calculate a LC50 value because the toxicity was too low, and reproduction continued at a satisfactory rate. There was no additional mortality in the 24 hour sample. When the experiment was repeated with an even greater diquat dosage added to the influent (12.6 mg/L), there was no additional mortality in the composite sample, and there was only 5% additional mortality in the 24 - hour sample. In actuality, none of the increased mortality rates observed were statistically significant. It seems clear that the amounts of diquat likely to be discharged by WWTPs receiving the chemical in the influent from root control activities are very unlikely to cause significant effluent toxicity. However, it was established that the toxicity of diquat is a function of the dissolved solids in the wastewater. The results reported above are for conductivities in the range of 400 to 600 units. All of the toxicity testing was performed in the Virginia Tech Aquatic Biology Laboratory under the direction of Dr. Donald S. Cherry, Professor of Biology. 16 Page 226 of 719 CONCLUSIONS The following conclusions were developed after carefully reviewing the results of this investigation: 1. When diquat is applied in sewers to control root growth, the resulting diquat concentration in the influent to the downstream WWTP will be a function of the amount applied, the amount consumed through interactions with the roots during the application, and the rate of sewage flow in the treated sewer. The maximum diquat concentration in the influent of a 10-mgd plant, assuming no consumption during application, should not exceed 0.67 mg/L. This calculation assumes the application of 4 gallons of RazorooterTM during a full 8 —10 hour workday between the hours of 6 am to 6 pm. The diquat concentration to a 1 mgd WWTP would not be expected to exceed 6.7 mg/L. 2. Diquat adsorbs to the particles in raw sewage, but the amount of adsorption is a function of the concentration of particles. Because the total suspended solids concentration of raw sewage typically averages between 200 and 250 mg/L, the total amount adsorbed is unlikely to be as much as 20% from diquat concentrations of 1 to 10 mg/L as diquat, and then significant desorption is likely to occur. Thus, the amount of diquat that will be removed by primary sedimentation is small. 3. Most of the diquat entering an activated sludge system will be removed from solution and the amount discharged in the effluent will be a small fraction of the concentration entering the system. Most of the removal occurs immediately upon mixing with the MLSS, and the amount removed by continuous flow systems treating a waste flow is greater than the amount removed in laboratory batch reactors. The large fraction removed by sorption occurs because of the high suspended solids concentration of activated sludge, because the amount of diquat sorbed per unit suspended solids is typically less than the amount that adsorbs to raw sewage solids. When 1 mg/L of diquat was added for 24 hours to the influent of a continuous flow full BNR pilot plant, the maximum amount observed in the effluent was 0.053 mg/L. The addition of 10 mg/L of diquat to the influent of a fully aerobic activated sludge pilot plant system for a period of 3 hours resulted in a maximum diquat concentration of 1.63 mg/L in the secondary effluent, observed 6 hours after addition began. The nominal HRT of the activated sludge tanks was 8 hours. The effluent diquat concentration after 8 hours was only 1.03 mg/L. The MLSS concentration in the last aerobic reactor of two was 3,716 mg/L. Lower effluent concentrations were observed during a subsequent experiment with an influent diquat concentration of 12.6 mg/L. 4. Low mixed liquor pH values (6.0 — 6.5), such as could result from complete nitrification of a poorly buffered (low alkalinity) wastewater, will result in some desorption of diquat previously sorbed by activated sludge. When the pH in the final aerobic reactor was 6.0 at the end of a nitrification experiment, the amount of diquat desorbed was 20% of the amount previously sorbed. The rate of sorption increased linearly as the pH increased from 6.0 to 8.5. The rate was more than 2 times greater at 8.5 compared to 6.0. 5. Influent diquat concentrations as high as 12.6 mg/L had negligible detrimental effects on the activated sludge biological processes in the experimental continuous flow pilot plant systems. A small decrease in the nitrification rate (7.5%) was observed in a batch rate determination with an influent diquat concentration of 10 mg/L. However, the rate measured (0.764 d-1), even with the small decrease was greater than rates that typically are measured. The continuous flow data indicated that diquat improves denitrification. Both continuous flow and batch experiments indicated that there are no detrimental effects on biological phosphorus removal. Full-scale results from a 2.2 mgd plant further indicated no detrimental effects on biological nutrient removal processes. 17 Page 227 of 719 6. Influent diquat concentrations increase the activated sludge oxygen uptake rate (OUR) by more than what would be expected from the increase in influent COD resulting from diquat addition. An influent concentration of 12.6 mg/L caused a peak OUR increase of 19%, observed 3 hours after addition began. The diquat also increased the total amount of oxygen consumed by the activated sludge system over an eight -hour period, when the system was fed diquat for only 3 hours. The peak increase of 9.3% was observed 4 hours after diquat was added to the influent. 7. The diquat concentrations in the effluents from the experimental continuous flow systems were either clearly non-toxic, e.g., when the influent concentration was 1 mg/L, or exhibited very slight toxicity, e.g., when the influent concentration was as high as 12.6 mg/L. When tested for acute toxicity using Ceriodaphnia dubia (water fleas), the increase in mortality after 24 hours of feeding 1 mg/L of diquat was only 5% greater than the control, which is within the statistical variation of the test. A mortality increase of 15 % was observed when an effluent composite sample compiled from 6 to 7 hours after the beginning of diquat addition was tested. However, no effluent toxicity was observed in a same period composite sample when the influent diquat concentration added for 3 hours was 12.6 mg/L. It was concluded that the effluent diquat concentrations observed during this investigation were non-toxic to the test organism. REFERENCES Dold, P. (1999). "Determination of Nitrification Rate", Guidelines for BIOWIN Utilization, EnviroSim, 482 Anthony Drive, Oakville, Ontario, L6J 2K5, Canada. Hodgeson, J.W., W. J. Bashe and J. W. Eichelberger (1992). "Determination of Diquat and Paraquat in drinking water by liquid -solid extraction and high performance liquid chromatography with ultraviolet detection', Method 549.1, Revision 1.0, Environmental Monitoring Systems Laboratory, Office of Research and Development, USEPA, Cincinnati, Ohio 45268. Lee, E.Y., (1999). "The determination of paraquat or diquat ion in formulations and liquid concentrates by high performance liquid chromatography", Report Series AMW00037-01A, WRC- 99-010, Western Research Center, Zeneca Ag Products, 1200 S. 47th Street, Richmond, CA 94804- 4610. U.S. EPA (1995). "Diquat Dibromide", R.E.D. FACTS, EPA -738-F-95-015, Prevention, Pesticides and Toxic Substances (7508W), July 1995. EPA's National Center for Environmental Publications and Information (EPA/NCEPI), PO Box 42419, Cincinnati, OH. Zeneca Professional Products (1998). "Reward®: Landscape and Aquatic Herbicide", ECOfacts, 05- 0901-073 3/98 (2M). 1800 Concord Pike, Wilmington, DE 19850-5458. Standard Methods for the Examination of Water and Wastewater (1995). American Public Health Association, 1015 Fifteenth Street, NW, Washington, D.C. 20005. 18 Page 228 of 719 Appendix Table 1. System #2: BNR System + 1 mg/L Diq uat Dibromide as Diquat (24 hr feedi ng) 08/09/2000 6 LL dO 6ZZ abed Inf WW COD (1=0) = 232mg/L Inf WW NH4-N (t=0) =16.7mg/L In f WW NH4- N (t=24hr)=17mg/L Inf WW NH4- N (t48hr)=18mg/L Inf WW NH4-N (t=72hr)=18mg/L In f WW TSS = 306mg/L Inf WW V SS = 258mg/L Chem Tank NH 4-N (1=0)=766mg/L Chem Tan k NH 4-N (t=48hr)=809mg/L Chem Tan k NH 4-N (t=72hr)=798mg/L Chem Tan k COD (t=0) = 3283mg/L An aerobic #2 I nf WW PO4 -P (t=0) =0 .57 mg/L Inf WW Acetic A (T=0) =35 mg/L Inf WW Acetate(t=48hr) =79 mg/L Inf WW Acetate (t=72hr) =48 mg/L Inf WW T KN (t=0)=43 .4 mg/L Inf WW S KN (t=0) =21 mg/L Chem Tank PO4 -P (t=0) = 447 mg/L Chem Tank PO4 -P (t=48hr) = 465 mg/L Chem Tank PO4 -P (t=72hr) = 443 mg/L Chem Ta nk Acetate (t=0) = 2446 mg/L Chem Ta nk Acetate (t=48hr) = 2540mg/L Chem Tank Acetate (t=72hr) = 260mg/L Chem Tank Na (t=0) = 1080 mg/L Chem Ta nk Na (1=2d) = 993 mg/L Chem Tank Na (t=3d) = 1070 mg/L I nf WW Na (t=0) = 38 mg/L Inf WW Na (t=ld)= 32.2 mg/L I nf WW Na (t=2d)= 38.6 mg/L Inf WW Na (t=3d)= 42 .2 mg/L I nf WW Diquat (t=5 m)= 0 .612 mg/L Inf WW Diqu at (t=0 .5d)=0.385 mg/L Inf WW Diq uat (t=ld)=0.293 mg/L Inf WW Diquat (t=2d)=0 .018 mg/L I nf WW Diquat (t=3d)�.046 mg/L Time D iquat MLSS MLVSS NH4-N NO2 NO3 P O4 -P C OD Acetate hr mg/1 mg/1 mg/I mg/1 mg/1 mg/1 mg/I mg/1 mg/1 0 3144 2420 19.4 0 0 52.9 77 21 .3 12 0.35 2792 2092 20.4 0 0.011 61.9 88 32 .4 24 0.286 2848 2120 20.3 0 0 65.4 101 22 48 0.044 2788 2120 16. 7 0 .74 0 55 .2 51 0 An oxic #2 Time D iquat MLSS MLV SS N H4-N NO2 NO3 P O4 -P C OD hr mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 0 6130 4590 11.8 0 0.09 27.0 29 12 0.094 5212 3760 13 0 0. 0014 30.0 37 24 0. 514 5376 3856 12. 6 0 0 29 .5 50 48 0. 033 5320 3876 11.3 0 0. 69 30.4 33 A E#3 Combined WW PO4 -P (tT=0) =11 .3 mg/L Combi ned WW PO4 -P (t=48hr) =14 .5 mg/L Combined WW PO4 -P (t=72hr) =13 .9 mg/L C ombined WW NH3- N (t=0) =35 mg/L C ombi ned WW N H3- N (t=48hr) =37 mg/L Combined WW N H3-N (t=72hr) =37 mg/L C ombi ned WW Acetate (t=0)=93 .mg/L Combi ned WW Acetate(t=48hr) =138 mg/L Combined WW Acetate (t=72hr) =109 mg/L Combined WW Na (tom) =63.1 mg/L Combi ned WW COD (t=0) =306 mg/L Combined WW T KN (t=0) =60 .8 mg/L Time Diquat MLSS MLV SS NH4-N NO2 NO 3 PO 4 -P COD OUR SO UR hr mg/I mg/I mg/1 mg/1 mg/1 mg/1 mg/I mg/1 AE1/AE2/AE3 AE3 mg/1 .h mg DO/2ML VSS/d 0 5830 4250 ND 0 10. 73 1. 01 19 57.8/28 .2/24 136 12 0.204 5444 3860 ND 0 10.52 0 39 72/39/31 193 24 0. 028 5468 3864 ND 0 10.12 0 34 75.6/31 .5/21.6 134 48 0. 034 5396 3884 ND 0 12.04 0.3 25 67.5/39/18 111 Eff Time Diqu at TSS V SS NH4-N NO2 N O3 PO4 -P COD TKN SKN Toxicity hr mg/1 mg/1 mg/1 mg/I mg/I mg/1 mg/I mg/I mg/1 mg/I % 0 21 20 ND 0 10. 72 1. 55 23 3.64 2.8 0 12 0.053 21 16 ND 0 10.60 0. 00 36 24 0. 035 12 10 ND 0 11.40 0.38 19 4.9 4.2 5 48 0. 014 26 25 0.1 0 12.17 2.76 23 19 Appe ndix Table 2. System #3: F ully Aerobic System + 10 mg/L Diquat Dibromide as Diquat (3 hrs feeding) 08/08/2000 66L 40 0£Z e6ed Inf WW N H4-N = 16 .2 mg/L Inf WW TSS = 34 mg/L Inf WW VSS = 32 mg/L In f WW Na = 39.1 mg/L A E#1 I nf WW COD=286 mg/L Inf WW PO4 -P = 2.62 mg/L Inf WW Acetate = 38 mg/L I nf T KN=22.4 mg/I Chem Tank CO D = 2849 mg/L Combi ned PO4 -P = 5 .52 mg/L Chem Tank PO4 -P=123 mg/L Combined COD = 348 mg/L Chem Tank Acetic Acid = ND Inf Diquat = 9 .34 mg/L Composite Sample @ 6hr Diquat=1.33 mg/L for Effluent (after 6:00, 6:30, 7:00 c omp osite) Time Diquat MLSS MLVSS NH4-N NO2 N O3 PO4 -P COD OUR SOUR hr mg/1 mg/I mg/1 m2/1 mg/I mg/1 mg/I mg/I mg/I .h mgDO/gML VSS/d 0 3436 2888 0.5 0.64 9.97 2 .77 20 40 332 1 0.850 3588 3036 0.2 0.98 7.34 3.72 19 48 379 2 1.546 3752 3156 ND 0.52 9.56 3.57 36 55.5 422 3 2.156 3676 3088 0 .1 0.36 9.3 3.73 23 37.5 29I 4 1.694 4036 3372 ND 0.43 9.01 3.36 17 66 470 6 1.131 3780 3184 ND 0.6 7.41 3 .18 26 73.6 555 8 0. 981 3464 3916 0 .1 0.764 8.38 4.03 39 69 423 24 0.514 3628 3104 0.8 1.1 12.1 2.72 28 52 402 A E#2 Time D iqua t MLSS MLVSS NH4-N NO2 N O3 PO4 -P COD OU R S OUR hr m2/I mg/I mg/1 mg/I m2/I m2/1 mg/I mg/I mg/I.h m2 DO/gML VSS/d 0 3576 2984 0. 2 0 11.7 1 .08 19 18.9 152 1 0.050 3452 2876 0.3 0.51 8 .42 4.51 11 17 .9 150 2 0.451 3600 3012 ND 0 10 .5 2.77 17 22 .1 176 3 1. 752 3492 2942 ND 0 10.84 7 .1 23 23.1 188 4 1.409 3704 3116 ND 0.016 10.83 4.78 25 40 .8 314 6 1.423 3744 3152 ND 0 8.67 5.35 23 26.7 203 8 0.928 3700 3108 0. 1 0 9.62 11.04 20 27.9 215 24 0.595 3832 3260 ND 0 14.85 5.92 25 18 133 38 NM NM ND 0 13.6 3.5 50 3500 2936 0.4 0 12.14 1.77 25 27 221 I.f(luenl Time Diqu at TSS V SS NH 4-N NO 2 NO3 PO 4 -P COD TK N S KN Toxicity hr m2/I 1 ma/1 mg/I mg/1 m2/1 mg/1 mg/I mg/I mg/I m2/I % 0 35 35 ND 0 11. 5 2.47 19 1.9 0 1 0.397 26 25 0.1 0 10.73 4.07 33 2 0.125 27 26 0. 1 0 10. 5 2. 45 17 3 0.554 18 17 ND 0 10. 9 5. 97 22 4 0.411 33 31 ND 0 12. 51 0.915 23 6 1. 629 27 26 0.7 0 8. 16 2. 38 25 15 8 1. 030 29 28 ND 0 8.2 4. 43 25 4.3 1.4 24 0.177 15 14 ND 0 14.3 5.07 26 0 NM = no t measu red ND = not detected, OUR measu red in -situ 20 Appe ndix Table 3. System #3: Fully Aerobic System + 10 mg/L Diq uat Dibromide as Diquat (3 hrs feeding) 09/05/2000 66L 40 6£Z e6ed Inf WW COD (pre-diquat addition: 4-1 Inf WW NH4-N (t=0)=37.1mg/L Inf WW NH4-N (t=8hr)=40.2 mg/1 . Inf WW N114 -N (t=24hr)=38.8 mg/L Inf WW TSS (t3)=76 mg/L Inf WW TSS (t=8hr)=36 mg/L Inf WW TSS (t=24hr)=26 mg/L FAH ir feeding) = 357 mg/L Inf WW COD (t=0)=310 mg/I. Inf WW COD (t=8hr) = 287 mg/I . Inf WW COD (t=24hr) =287 mg!L Inf WW VSS (P0)=54 mg/l . Inf T KN (t=0)=33.12 mg/l. I of W W VSS (t=8hr)= 32 mg/L Inf TKN (t=8hr)= 42.0 mg/l. Inl'WW VSS (t=24hr)=24mg/L I nf T KN (t=24hr)= 41.44 mg/L Inf WW PO4 -P (t-0)= 2.0 mg/L I nf Diquat (t=0) = 12 .3 mg/L Inf WW PO4 -P (t=8hr)= 1.77 mg/L Inf Diq uat (t=lhr) = 12.8 mg/L Inf Diqu at (t=2hr) = 12 .5 mg/L I nf Diquat (t=3hr) = 12 .6 mg/L Inf Diquat (t=8hr)�.742 mg/L Inf Diquat (t=24hr)=0.183 mg/L Time Diquat MLSS ML VSS NH4-N N O2 NO3 TS N PO4 -P C OD OUR SOUR hr mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L .h mgl) O/g\11.VSS/d 0 0.0 3521 2821 5 .1 2.94 12.6 20 .6 ND 40 49 .68 423 1 0.707 3635 2925 4.7 3.27 12.2 20.2 ND 45 47 .16 387 2 1. 390 3770 2970 3.29 12.4 15.7 ND 50 54 436 3 1.900 3765 3005 4 .1 3 .02 13.1 20.2 ND 53 57.6 460 4 1.450 3773 2984 6.7 2 .17 12 20 .9 ND 53 56.52 455 6 NS NS NS NS NS NS NS NS NS NS NS 8 0.419 3779 3021 9.1 2.22 8 .65 20.0 ND 57 47.88 380 24 0.229 3745 3120 9.4 1.67 14 25.1 ND 36 39.24 302 AE#2 Time Diquat MLSS MLVSS NH4-N NO2 NO3 TS N PO4-P C OD OU R S O( 12 hr mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L.h mg1)O/0ll.V SS/d 0 0. 0 3510 2805 0 1.48 16.7 18.2 ND 34 19 .8 169 1 0.031 3710 3040 0 2 17.4 19.4 ND 42 22.68 179 2 0.375 3770 3095 0 2.41 17.6 20.0 ND 37 22.32 173 3 0.684 3725 3075 0 1.96 17.9 19.9 ND 47 25.2 197 4 1.060 3775 3065 0 2.09 18.5 20.6 ND 40 23.4 183 6 NS NS NS NS NS NS NS NS NS NS NS 8 0.827 3840 3090 3.5 2.24 12.7 18.4 ND 42 23.76 185 24 0.279 3760 3170 8.6 2.48 18.4 29.5 ND 39 19.8 150 Effluent Time Diquat TSS VSS NH4-N N O2 N O3 TSN P O4 -P COD TKN SKN f oxicit� hr mg/L mg//L mg/L mg/L me/L mg/L mg/L mg/L mg/L mg/L mg/L % 0 0. 0 24 20 0 0. 9 15. 8 17 ND 40 11 .9 6.6 0 1 0.054 22 16 0 1.6 16 18 ND 44 2 0.065 19 16 0 2.06 17. 1 19 ND 36 3 0.265 26 21 0 2. 06 16. 8 19 ND 43 4 0.621 33 29 0 2.02 16. 8 19 ND 40 6 NS NS NS NS NS NS NS NS NS 5 8 0.021 28 23 4.8 2.03 12.4 19 ND 39 20 .8 9 .6 24 0. 0 20 16 8. 1 2.52 18.1 29 ND 40 16 .5 12.3 0 21 • CITY OF FORT WALTON BEACH Sewer Chemical Root Control ITB #20-010 AMENDMENT NUMBER ONE Contractor: Dukes Root Control, Inc. 1020 Hiawatha Blvd West Syracuse, NY 13204 1. June 03, 2021 The purpose of this Amendment is to extend the Performance Period for Contract #FWB20-010 from October 1, 2021 through September 30, 2022. All terms, conditions and prices remain the same. Contractor: City Manager City of Fort Walton Beach, Florida Michael D. Beedie, P.E. J�k� `&� rci v� s IW— o-t1.-c.lz4z,, Name & Title (type of print) Date Signed l D;0 (f,'aA/f- 17/ ✓/ l�✓, Mailing Address ��u N� 13�o 'f ty, State and Zip Code ty, State and Zip Code (1/(°(-7 Date Attest: Page 232 of 719 DUKE'S ROOTED IN INNOVATION - May 6, 2022 Mr. Joe Carr Supervisor City of Crestview 715 North Ferdon Boulevard Crestview, FL 32536 Dear Mr. Carr: Headquarters: 400 Airport Rd., Suite E. 1 Elgin, IL 60123 As per your request, we submit the following quote for Duke's foaming root control service which is good for 60 days after the issue date of May 6, 2022. Please note that these are estimated quantities, and the actual invoice will be determined by field measurements made at the time of application. Pipe Size Unit Price Quantity Total MH $150.00/ea 2 $300.00 6 inch $1.49/ft 5,927 feet $8,831.23 8 inch $1.49/ft 2,375 feet $3,538.75 Total: 8,302 feet $12,669.98 Prices are computed per linear foot, manhole to manhole and include all Labor, Materials, Equipment, and Mobilization for the chemical treatment of the approximate quantity referenced above. Duke's standard guarantee applies to all sanitary sewers treated, and a $3,000 -minimum charge is required on this project. If you require any further information, please call 1-800-447-6687. Thank you for your interest in our service. Sincerely, Stuart S. Tillery 800.447.6687 1 www.Dukes.com Page 233 of 719 CITY OF CRESTVIEW Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Action Item Item # 6.10. TO: CC: FROM: DATE: SUBJECT: Mayor and City Council City Manager, City Clerk, Staff and Attorney Kyle Lusk, Michael Criddle, Public Services Director 8/4/2022 Pothole Asphalt Recycler and Hotbox Trailer Replacement BACKGROUND: Currently, we have one asphalt patch wagon for all roadway pot hole repairs. The current trailer is old and needs to be replaced. DISCUSSION: A new 2 Ton Falcon Asphalt Recycler & Hot Box Trailer will increase our ability to repair damaged roadways. The new unit has a built-in diesel burner to keep hot mix asphalt warm overnight to allow for better material utilization. Old clean asphalt can be recycled as well with the addition of emulsion, further improving efficiency and productivity. It will also serve as a back up until the current trailer fails and will replace it once that occurs. It will be purchased through a cooperative buying agreement. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT Page 234 of 719 The best quote for the 2 ton asphalt recycler that meets our needs was from Falcon and will cost $32,360. It will be purchased though a cooperative buying agreement with Sourcewell, a national agency serving government, non -profits and educational institutions. RECOMMENDED ACTION Staff respectfully requests approval of the Patch Wagon / Hot Box trailer purchase. Attachments 1. crestview 2 ton sing source PATCHER QUOTE 072117 2. 2Ton Spec 8.21 3. Sourcewell Buying Agreement Page 235 of 719 SOURCEWELL PRICE QUOTE r` CONTRACT 052417-FRM FALCON No. OZ07272022-693 Asphalt Repair Equipment 2600 W SALZBURG FREELAND, MI 48623 Phone: (989) 495 — 9332 Fax: (989) 495 — 9342 Requested By: City of Crestview, FL Quote Date Quote Good Through Freight Terms Requested By Payment Terms 7/27/22 8/27/22 FOB Midland, MI Allen Hallford Net 30 Days Qty Item No Description Price 1 2 -Ton Falcon Asphalt Recycler & Hot Box Trailer 12 -Volt Battery Triple Wall Construction and Fully Insulated Automatic Temperature Control Diesel Burner VIP Technology - Voltage Indicator and Protector Controller Automatically Prevents Burner(s) from Operating Below Burner Manufacturer's Required Voltage One -Piece, Seamless Ceramic Combustion Chamber Independently Certified 92% Fuel Efficiency Tandem Axle Trailer Frame - 2" x 6" x 1/4" Tubular Steel Diamond Tread Plate Hopper Access Platform Electric Brakes w/ Safety Breakaway Conspicuity Tape Included Options: Battery Charger Package Dump Box (12 -Volt Electric Over Hydraulic) Single diesel burner Standard frame — 16' LED Lighting Upgrade - Two Red Stop/Tail/Turn Lights and One Amber Strobe Per Side Strobe Warning Light LED night work lights Upgrade to ST235/80R 16" Tires - Load Range E Tool Holder — 3 position Release agent basket 24 hour timer $32,360 1 of 2 Page 236 of 719 Two -Year Machine Warranty and Lifetime Frame Warranty Operator, Parts and Service Manual Freight to Crestview, FL Plus Applicable Sales Tax Why Falcon? It's Versatile • Recycle leftover asphalt, chunks and millings (a dual burner unit is required to recycle millings) • Transport asphalt and keep it hot all day and hold it overnight • Heat and re -heat cold patch It's Cost -Effective • When used as a hot box, it eliminates asphalt waste that occurs in the back of an unheated truck bed • When used as a recycler, it recycles leftover asphalt and asphalt chunks torn up from the pavement • Independently certified 92% fuel efficiency — uses less than 3 gallons of fuel per 8 -hour shift It's Reliable • VIP Technology (patent pending) — Protects burner components by automatically preventing burner from operating with low battery voltage • A Falcon is designed to allow the burner to run while in tow preventing material from cooling while being transported • Heat management system is engineered to provide even hopper temperatures — eliminating material scorching from hot spots and material hardening from cold spots • Standard 2 -year machine warranty and lifetime frame warranty It's a Falcon Included Included $3,120 2 of 2 Page 237 of 719 2 TON ASPHALT HOT BOX AND RECYCLER 12.5' of' travel FALCON Asphalt Repair Equipment Type 2 Ton Trailer Capacity 4,000 Ibs of material Base Weight 3,350 Ibs Weight loaded with material 7,350 Ibs GVWR 7,000 Ibs (Dump box): 9,810 Ibs Fuel Source Diesel Fuel Capacity 15 gallons for dump box - 18 gallons on fixed trailer Burner Type 105,000 BTU Diesel Beckett burner w/electronic spark ignite Number of burners 1 Unloading door Insulated guillotine, 16"Hx33" W Loading doors Manual 50"L x 41"W Hopper opening 110" - doors open Width 83" Length 16' Height 69" Construction Triple wall insulated — air jacketed 10 gauge capping channel and corner molding (adds structural integrity) Hopper floor heated — 1/4" steel Wiring is external to hopper Axles Double eye leaf springs, Single axle - Tandem axle on dump box Tires 8 -bolt wheels w/9x16" tires Brakes 4 wheel electric brakes with safety breakaway Hitch Pintle eye Paint Blasted and painted with two coats of epoxy primer and urethane finish Frame Tubular steel frame with boxed -in and enclosed gussets Asphalt repair areas 9'x9'x4" depth (80 potholes 1'x1'x4" depth) Warranty Two year machine warranty, lifetime frame warranty Falcon Asphalt Repair Equipment 2600 W. Salzburg Rd. Freeland, MI 48623 sales@falconrme.com Phone: (989) 495-9332 Fax: (989) 495-9342 www.falconrme.com WWW.FALCONRME.COM 8/2021 Large Unloading Door For Easy Access FALCON Asphalt Repair Equipment STANDARD: 2 TON ASPHALT HOT BOX AND RECYCLER • Battery charger package • Automatic temperature control • VIP technology • One piece ceramic combustion chamber (diesel) • Diamond tread plate hopper access platform • Heated shoveling platform • 12 volt deep cycle batteries • Conspicuity tape OPTIONS: • Hydraulic dump function • Hydraulic loading and unloading doors • LED light upgrades including LED arrow board • 30 gallon tack tank with spray system and hose reel • Basket for mounting compactor • Wash -down system • 24 -hour or 7 -day timer • Short frame - 14' • XL frame - 18', 20' • Electric overnight heat • Hoist - manual or electric • Tire upgrade • Propane torch with bracket • Other customizable options available Falcon hot boxes and recyclers give you unparalleled versatility. You can transport cold mix, keeping it warm during the winter months and making it easier to work with; you can transport hot mix and keep it hot all day; and you can hold hot mix overnight, keeping it warm for up to 48 hours. You can also reclaim unused hot mix, eliminating the waste of good material, and you can recycle asphalt chunks and millings. All of this makes Falcon the most versatile machine you can buy for pavement preservation. All Falcon machines are built with pride in Michigan and come with the following standard features: patented heat management system featuring a 5 -year maintenance -free combustion chamber, large unloading door for easy access, patented VIP system to eliminate damage from low voltage, a 2 -year machine warranty and lifetime frame warranty, an emphasis on curbside safety and easy platform work surfaces, and a durable and reliable dump system. THE FALCON ADVANTAGE Patented Heat Management System Falcon Asphalt Repair Equipment 2600 W. Salzburg Rd. Freeland, MI 48623 sales@falconrme.com Platform For Safe, Easy Hopper Access Phone: (989) 495-9332 Fax: (989) 495-9342 www.falconrme.com Patented VIP - Low Voltage Shutdown Dump System - Pivot Lifetime Frame Point & V -Body Warranty WWW.FALCONRME.COM DocuSign Envelope ID: A49C113D-EAAF-4BDB-94EF-36CB62DB371 E AMENDMENT TO CONTRACT #052417-FRM THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and Falcon Road Maintenance Equipment, LLC (Vendor). Sourcewell awarded a contract to Vendor to provide Roadway Maintenance Equipment with Related Accessories, Attachments, Materials, And Supplies, to Sourcewell and its Participating Entities, effective October 2, 2017, through October 2, 2021 (Agreement). Based on the validated needs and requests of Sourcewell Members, the parties agree to extend the Agreement for one additional year with a new expiration date of October 2, 2023. The Agreement will not be extended for additional time and during the term of this extension Sourcewell will no longer market the Agreement. Except as amended by this Amendment, the Original Agreement remains in full force and effect. Sourcewell Falcon Road Maintenance Equipment, LLC DocuSigned by. DocuSfgned by: By: Et.Vt.w�+� S U/aYf�j B I�G SttMbl�, COFD2A139DQ6489... • 921A6A8E22874E7_.. Jeremy Schwartz Director of Operations/CPO Ric Simon, VP Sales & Marketing 7/22/2022 1 1:15 PM CDT 7/22/2022 1 7:13 PM BST Date: Date: Approved: DocuSigned by: 7E42B8F817A64CC... Chad Coauette, Executive Director/CEO Date: 7/22/2022 1 1:19 PM CDT Page 240 of 719 Form C Company Name: EXCEPTIONS TO PROPOSAL. TERMS. CONDITIONS, AND SOLUTIONS REQUEST �- ct-LCL'r 6,(CLLr luta ikki (U�CE° fly llLpmen. C. Any exceptions to the terms, conditions, specifications, or proposal forms contained in this RFP must be noted in writing and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA or included in the final contract. NJPA will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. Section/ age Proposer's Signature: Term, Condition, or S . ecification NJPA's clarification on exceptions listed above: -Lod CA/4 Exce • tion NJPA ACCEPTS t Date: Review and Approved: 141 1/d9//7 NJPA Legal Departme t 36 Page 241 of 719 Contract Award RFP!#052417 FORM D Formal Offerine of Proposal (To be completed only by the Proposer) ROADWAY MAINTENANCE EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, MATERIALS, AND SUPPLIES In compliance with the Request for Proposal (RFP) for !ROADWAY MAINTENANCE EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, MATERIALS, AND SUPPLIES, Ithe undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the instructions, terms and conditions, general and technical specifications, sales and service expectations, and any special terms, agrees to furnish the defined products and related services in full compliance with all tenns and conditions of this RFP, any applicable amendments of this RFP, and all Proposer's response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. ga y Name: &pay, (tict,ULb QhC.e, iqui.p k . Date: 5 — ' —1-7 om Company Address: 1�-o Wadi) P vu - City: / State: k4 Clu50JV Zip: `NO`I'X Contact Person: 1Ziti SEAM/ Title:V 1:Ct Prestituut4 , es anzl�1 uke i Authorized Signature: i St 5vv _ ,,c (Name printed or typed) 37 Page 242 of 719 FORM E CONTRACT ACCEPTANCE AND AWARD (Top portion of this form will be completed by NJPA if the vendor is awarded a contract. The vendor should complete the vendor authorized signatures as part of the RFP response.) NJPA Contract #: 052417-FRM Proposer's full legal name: Falcon Road Maintenance Equipment, LLC Based on NJPA's evaluation of your proposal, you have been awarded a contract. As an awarded vendor, you agree to provide the products and services contained in your proposal and to meet all of the terms and conditions set forth in this RFP, in any amendments to this RFP, and in any exceptions that are accepted by NJPA. The effective date of the Contract will be October 2, 2017 and will expire on October 2, 2021 (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the NJPA Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at NJPA's discretion. NJPA Authorized Signatures: NJPA'C)IRECTOR OF cop AND PROCUREMErFrfc; NJPA EXECUTIVE DIRECTOR/CEO SIGNATURE Jeremy Schwartz (NAME PRINTED OR TYPED) Chad Coauette (NAME PRINTED OR TYPED) Awarded on September 29, 2017 NJPA Contract # 052417-FRM Vendor Authorized Signatures: The Vendor hereby accepts this Contract award, including all accepted exceptions and amendments. Vendor Name Authorized Signatory's Title s 'df2c4./ VENDOR AUrH - r.IZED SIC IAIURE {NAME PRINTED OR TYPED) Executed on /G'/. . 20/7 NJPA Contract # 052417-FRM Page 243 of 719 Form F PROPOSER ASSURANCE OF COMPLIANCE Proposal Affidavit Signature Page PROPOSER'S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal (the "Proposer"), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to NJPA members agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract. 2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of NJPA, or any person, firm, or corporation under contract with NJPA, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer's RFP response. 4. The Proposer will, if awarded a Contract, provide to NJPA Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer -offered specifications, and with the other documents in this solicitation. 5. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are acceptable to NJPA Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to NJPA Members under an awarded Contract. 6. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 7. The Proposer understands that NJPA will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute § 13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute • § 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 8. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify NJPA for reasonable measures that NJPA takes to uphold such a data designation. [The rest of this page has been left intentionally blank. Signature page below] 39 Page 244 of 719 By signing below, Proposer is acknowledging that he or she has read, understands, and agrees to comply with the terms and conditions specified above. Company Name Address: Faleozv 20ad A/lu.uti-re.tka.rkce E9ukpmenk,LLC ao Wahl o AyOnu City/State/Zip: Telephone Number: E-mail Address: M I'd/AAA M i cdu9a.rt. y0t�1-1-a Q94 -44i— au3 l` — Authorized Signature: Authorized Name (printed): I4C (Al O Title: Date: V 11Gt Pr ie oe &Iles aid Mike �in9 5-.2-3 —11 Notarized Subscribed and sworn to before me this CR3 day of (7) , 20 f7 Notary Public in and for the County of l ) '�( �j` State of My commissio Signature: res: Mc SARAH CUSICK Notary Public, State of Michigan County of oaldend My in Expires Feb. 09, 8018 the Coady Acting 40 Page 245 of 719 Form P Payment Terms, Warranty, Products and Services, Pricing and Delivery, and Industry - Specific Questions Proposer Name: Falcon Road Maintenance Equipment, LLC Questionnaire completed by: Ric Simon Payment Terms and Financing Options 1) What are your payment terms (e.g., net 10, net 30)? Payment terms are Net 30 Days. 2)_ Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions?. Falcon Asphalt Repair Equipment, LLC has partnered with National Cooperative Leasing (NCL) to offer NJPA members a complete suite of finance solutions. NCL is a current JNPA financing contract holder (#032615-NCL) and is an industry expert in municipal financing solutions. NCL will offer leasing terms from 12-120 months on transactions from $5,000 and up. Traditional leasing and financing programs will be offered along with programs specifically designed for schools and governmental entities including Tax -Exempt Municipal Leases and a Purchase Order Only program. There is no ownership, common ownership, or control between Falcon Asphalt Repair Equipment, LLC and NCL. 3) Briefly describe your proposed order process. Please include enough detail to support your ability to report quarterly sales to NJPA. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the NJPA Members' purchase orders. All orders whether taken through our dealers or Falcon direct are processed through our single point of contact in our Corporate office in Midland, Michigan. NJPA pricing is verified, the machine configurations are sent to manufacturing floor, and records of the sales with customer purchase orders are sent to our payables department. The payables department tracks sales on a Vendor Sales Reporting form and reports them quarterly. 4) Do you accept the P -card procurement and payment process? If so, is there any additional cost to NJPA Members for using this process? Page 246 of 719 Falcon does accept the P -card procurement payments and there is no additional cost to the NJPA Members for this process. Warrantv 5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may include in your response a copy of your warranties, but at a minimum please also answer the following questions. Falcon warrants that its equipment will be free of defects in materials and workmanship for a two-year period (provided the equipment has not been altered by the end user). The warranty does not cover damage resulting from an accident. Should the equipment fail to operate as designed, the customer should contact the local dealer service provider or Falcon direct. !f replacement parts are needed, they will be shipped to the local dealer service provided and installed, or direct to the customer with on-line or phone hot-line support if the warranty item is more than a simple replacement of a part, the customer will bring their unit to the nearest servicing dealer and the repair will be performed at no charge to the customer. Do your warranties cover all products, parts, and labor? Yes, our warranties cover all products, parts, and labor provided there has been no alteration to the unit and it has not been in an accident. Do your warranties impose usage restrictions or other limitations that adversely affect coverage? There is no hour limitation during the 2 year machine warranty. Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs? Yes. Are there any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs? How will NJPA Members in these regions be provided service for warranty repair? falcon provides a certified technician for the United States and Canada. In addition, we Page 247 of 719 provide on-line and phone hot-line technical support 24/7. Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? We cover all items that Falcon supplies under this contract with the exception of the ARS infrareds which are covered by the manufacturers warranty directly What are your proposed exchange and return programs and policies? Falcon stands by its pledge to manufacture the highest quality and most simplistic machine for our end users. If a situation where to arise with a manufacture defect we will trouble shoot the issue and send replacement parts. if this does not correct the problem and It cannot be corrected in the field Falcon will exchange the defective unit with a new unit. We also supply rebuild exchange components that are available as aftermarket replacement parts. 6) Describe any service contract options for the items included in your proposal. Upon request Falcon and its dealers will quote service contract pricing for maintenance and repairs of Falcon products. Pricing, Delivery, Audits, and Administrative Fee 7) Provide a general narrative description of the equipment/products and related services you are offering in your proposal. Falcon manufactures portable, affordable asphalt transporters and recyclers for pavement repairs, this includes utility cuts and pothole patches. Our equipment helps street departments reduce material and labor costs by enabling them to repair roads with recycled asphalt at a fraction of the cost and time. Falcon machines also help the environment by reducing landfill use and conserving aggregate and petroleum resources. Falcons line of equipment range in capacity from 1 ton to 8 tons in both trailer and slip in model availability. In addition, Falcon is offering compaction, infrareds and specialty tack tanks. Lastly, Falcon and its dealer network provide hands-on asphalt recycling training at the customer's location. This is a key value added service that enable most customers to pay for the Falcon asphalt recycler in less that 24 months. Page 248 of 719 8) Describe your pricing model (e.g., line -item discounts or product -category discounts). Provide detailed pricing data (including standard or list pricing and the NJPA discounted price) on all of the items that you want NJPA to consider as part of your RFP response. Provide a SKU for each item in your proposal. (Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.) Falcon is providing line item pricing that is discounted below that offered to a single government agency. Falcons pricing model is attached. 9) Please quantify the discount range presented in this response. For example, indicate that the pricing in your response represents is a 50% percent discount from the MSRP or your published list. Falcon is offering 10% off published list price. 10) The pricing offered in this proposal is a. the same as the Proposer typically offers to an individual municipality, university, or school district. X b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. d. other than what the Proposer typically offers (please describe). 11) Describe any quantity or volume discounts or rebate programs that you offer. Falcon is offering an additional 2% discount off NJPA pricing for orders that consist of 9 units or more. (See attached pricing module) 12) Propose a method of facilitating "sourced" products or related services, which may be referred to as "open market" items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request. Open market, or nonstandard options will be supplied on a case by case basis. The items will be priced in accordance and with a multiplier, but will not exceed 2x, plus actual freight taxes and duties and fees as billed to Falcon. All mentioned will be supported by an invoice from Falcon. Page 249 of 719 13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. Taxes are not included in our pricing submitted. 14) If delivery or shipping is an additional cost to the NJPA Member, describe in detail the complete shipping and delivery program. Falcon will add the cost of shipping to quote and invoice. Freight costs for North America will be $2.00 per loaded mile FOB Midland, Michigan. 15) Specifically describe those shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery. Alaska and Hawaii — Falcon will arrange and charge shipping from Falcon to the west coast port. Canada — Falcon will arrange and charge the appropriate federal and provincial taxes, duties, plus al! brokerage fees as billed to Falcon and supported by invoice. 16) Describe any unique distribution and/or delivery methods or options offered in your proposal. Our delivery methods are fairly standard, in addition we offer a quick ship program as previously described on Form A. 17) Please specifically describe any self -audit process or program that you plan to employ to verify compliance with your proposed Contract with NJPA. This process includes ensuring that NJPA Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to NJPA. All NJPA sales are funneled through one main point of contact NJPA specialist located in the Midland, Michigan corporate office. NJPA pricing is verified, the machine configurations are sent to manufacturing floor, and records of the sales with customer purchase orders are sent to our payables department. The payables department tracks sales on a Vendor Sales Reporting form, the form is then compared and confirmed with our main point of contact and then reported quarterly to NJPA. Page 250 of 719 18) Identify a proposed administrative fee that you will pay to NJPA for facilitating, managing, and promoting the NJPA Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See RFP Section 6.29 and following for details.) Falcon will continue to pay NJPA 2% of all NJPA contract sales. Industry -Specific Questions 19) Identify the required subcategory or subcategories that best describe your solutions: Subcategory A) Roadway Surface Maintenance and Repair Equipment; Subcategory B)Roadway Surface Marking Equipment and Paint; Subcategory C) Road Right -of -Way Management Equipment and Chemicals; and/or Subcategory D) Equipment and Products in Support of Roadway Maintenance and Repair. The Subcategory that best describes Falcons solutions to the NJPA members is A.) Roadway Surface Maintenance and Repair Equipment. 20) Describe the features of your proposed solution(s) that address serviceability (parts availability, maintenance, repairs, support, etc.) and which you believe are "vendor differentiators." The Falcon differentiators are VIP, combustion chamber, patented heat system, 95%+ off -shelf parts availability, quick ship program, largest unloading material door in the industry, lifetime frame warranty, maintenance free combustion chamber. 21) Describe any manufacturing processes or material specification attributes that differentiate your offered solutions. Falcon machines produce even hopper temperatures in Its unique air -jacketed design. i) Eliminates material from scorching due to hot spots. ii) Eliminates material hardening from cold spots. A one-piece formed ceramic combustion chamber (U.S. Patent #8,465,225) Provides a 92% fuel efficiency rating that has been certified by an independent third party. No one in the industry can come close to matching this fuel efficiency rating. iv) Falcon products burn less than 3 gallons of fuel per 8 -hour shift. v) This combustion chamber is virtually maintenance free compared to competitive products that require expensive annual maintenance that causes downtime. Page 251 of 719 Signature: Date: s/j1/j 7 Form P Page 252 of 719 CITY OF CRESTVIEW Staff Report CRA MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Action Item Item # 6.11. TO: CC: FROM: DATE: SUBJECT: CRA Board City Manager, City Clerk, Staff and Attorney Elizabeth Roy, CRA Director 8/1/2022 Change order for the Bush House Renovations BACKGROUND: The internal and exterior building renovations on the Bush House are now complete. Work is progressing on the landscaping and other exterior features. DISCUSSION: The original statement of work quote for the renovation was $329,890. During the construction, other areas were determined to have to be addressed to make the renovations compete and safe for future use. The costs for those required changes (which have been completed) are included in the attached change order. The total cost for these changes was $43,700. The original budget for renovations in the 2022 Budget was $350,000. During the budget amendment process, the overall improvements to the CRA budget were increased by approximately $73,000 and $25,000 of that was added to the Bush House budget. It was expected that costs for the renovation would increase, and also the costs of the landscaping, etc. The CRA would like to request the change order from Triple R construction for $43,700 be approved. The other exterior costs would be covered by the funds in the downtown beautification line item of the 2022 budget. The contractor has also donated several antique items to the Bush House at no cost. The CRA is being asked to approve the change order at the 8/8 special meeting. GOALS & OBJECTIVES This item is consistent with the CRA Strategic Plan 2020 Gateway to Opportunities as follows: To revitalize the district capitalizing on current resources and recognized opportunities 1. Establish a revitalization task force to address economic and physical Revitalization 2. Maintain and Strengthen the Facade Grant Program 3. Develop green space, open space parks, and public plaza programs and promote connectivity within the community To provide infrastructure for current and future needs 1. Build and develop an active marketing and branding program 2. Promote CRA district on website and all social media platforms 3. Clearly identify "Historic Downtown Crestview" and direct visitors and locals to the district 4. Develop "Gateways to Crestview" Page 253 of 719 5. Develop a cohesive "family" of wayfinding signs to the district Enhance Public and Private partnerships 1. Re-emphasize and incentivize the Crestview Main Street Program 2. Refocus the Historic Preservation Board 3. Enhance the SR 85 Bridge Enhance the Aesthetics of the District 1. Develop design guidelines for Facades, signage, landscaping , access and parking 2. Develop area around new courthouse/add public amenities 3. Eliminate informality of enforcement of regulations Expand Activity in the District 1. Promote Arts in the downtown and entire CRA district Economic Development in the District 1. Amend Comprehensive plan to mixed use for downtown district 2. Develop a commercial incentive program to encourage new development, economic activities and job creation Connectivity 1. Develop an access road from Industrial Drive to Twin Hills Park 2. Develop a Bike path/pedestrian trail link to between downtown and Twin Hills Park 3. Connect Industrial Drive to Twin Hills park with new entrance FINANCIAL IMPACT The additional funds needed for the change order were added to the Bush House budget in the 6/27/2022 amendment. There are sufficient funds in the beautification budget to cover any additional exterior costs. RECOMMENDED ACTION Staff respectfully requests that the Ctiy Council approve the Change Order #1 from Triple R Construction, Inc. Attachments 1. Triple R Change Order 2. Reno contract (1) Page 254 of 719 CHANGE ORDER FORM ProJoct City of Crestview Bug Home Renovation CHANGE ORDER NO. DATE OF ISSUANCE: -\``A,Z'L EFFECTIVE DATE -A\ N\CI— • CON!'RAC'I L \; \‘9\\44.1%��� \`` The following changes are hereby made to the Contract Documema Page 255 of 719 Triple R. Construction Inc. 8010 Sleepy Bay Blvd. Navarre, FI. 32566 850-936.5094 Office 850-585-7682 Cell July 14, 2022 Project: Bush House, Crestview, F1. 32536 198 N. Wilson St. CHANGE ORDER 111 REQUIRED CHANGES 1-7 1. Extensive additional work for Front Porch A. Jacking up building Second Floor 3" to level. 8. All Framing Floor system replaced, C. Brick Column's replaced w/ 6x6 treated & brackets. D. Second Floor Beams re -built with LVL's. E All 1x4 T&G Ceiling replaced with plywood substructure. F. Add Bricks under Porch — 3 sides. G. Pour new footings for columns. $12,000.00 2. Excessive sanding to re -finish floors to see Hart/Pine flooring. $8.000.00 3. Removed Aluminum Storm Windows, cleaned, painted inside and out to match colors of wood windows. S 3,000.00 4. Re- install existing two column's with lights at front walk with concrete footings. $1,500,00 5. Jack up & rebuild two Ceiling Beams in display areas $1.500.00 6. Additional Floor Prep for Engineered Wood flooring in display area. $2.000.00 7. Over- all price increases due to supply & labor increases not projected at the time of bidding. EX. 1. Custom Doors 2 Plumbing 3 HVAC 4. Labor 510.000.00 Subtotal $38,000.00 15% overhead/profit $5.700.00 Total 43,700.00 Page 256 of 719 CHANGES ORDERED. 1_ GENERAL This change order is necessary to cover changes in the work to be performed under this Contract The General Conditions, Supplementary Conditions. Specifications and all parts of the Project Manual listed in Article 1, Defmitians, of the Coal Conditions apply to and govern all work under this change order. Change Order No. \ II. REQUIRED CHANGES: III. JUSTIFICATION: 1 . PFAO, 14, DO 61 2, r.trr r Rorr- e �iLtr4S�fr 4tvar 1411.►r 0» t. , 0-1'd 1-4 wt "v' crAA. Mrs) ttf aleivi ri'tri,• e. s.. } wit— 0V rprt 0-1* s TC 4+t+•k ow- r►E TItrt.+k. [doff wA•►rev r.► ‘,if l rrGrtiai4 Ges...Y.1s +sG.r t Or' kilt- pb - 3uic0*! 1 6621411 4 w rutrur Fie,, TO AtDbb V L , it='il4 a, 1 F-ror» .., L IVBD Ar-77 X r, ; : i .AE 7. ,At.. c44?'g i/i -E CL'..r yr [`•-4,Pt".ifLr IV. PAYMENT: —s Page 257 of 719 V. APPROVAL AND CHANGE AUTHORIZATION: Acknowledgments: The aforementioned change, and work affected thereby, is subject to all provisions of the original contract not specifically changed by this Change Order; and, It is expressly stood and agreed that the approval of the Change Order shall have no effect on the original contract other than matter*; expressly provided herein. Change Order Request by: Change(s) Ordered by: RECOMMENDEDY: 7/- Z/4 ACCEPTED BY: (Ear) By: % 1�,%//I/ (Contractor) (Authorized Signature) (Date) (Authortzed Signature) (Date) (Title) APPROVED BY: City of Crestview, Florida (Owner) (Authorized Signature) (Date) END OF SECTION (Title) Page 258 of 719 .TRIPLE R CONSTRUCTION. INC 8010 Sleepy Bay Blvd. Navarre, FL 32566 Bgl TO Ciro of Crestview 198 N. Wiboti St. Crestview. H. ?23336 Invoice Date invorc # 7.1 ► 2ri" 2- 13 P 0 No Terms Protect Quantity Description Rate Amount 1 Extra, ive additional work for Front Porch 12.t n H i .01 12,(.100 r c A. lacking W building second floor ,r t, tc%cl H. All Framing Floor system rcplated C. Brick Cultures replaced w (►x6 treated & brackets D. Second Floor Beams r. bush with 'Nt.'s E All 1x4 Tdii (:oiling rrpAu_3;11 with p1} -wood ub structure 1 Add Bricks trader Parch -1 sides G. Pour new footings for columns. 1 I'setsiVt Sanding to rt.--finish floors to seat 1 larv1'ine Flooring 24,000.00 8,000.00 1 Rcmoval Aluminum Sturm Window'. cleaned. pained to k and out to match cobs of wood windows 3.000 00 3,00(].0x1 1 Re -Install existing two column', with lights at tmn► walk with concrete footing_+. 1.500.0(1 1,50100 1 lack -up & rebuild two Ceiling Beams in digilas arcaa. 1300 Ix► 130(100 1 'additional Floor Prep for Engineered Wood flooring In dispI v 2.000_0o 2,000.00 I I )YCr-011 Price increases chic to supply & labor increases not projected at the time of had fmg iii.rio000 10,000.00 EX. 1. Cu,uim L\ or• 2. Plumbing 3. H V At' 4. Labor Total Phone # Fax # E-mail tt5►) 585 7x1$2 $511 9315 1022 ridL.tn:u,grna,l. orn Page 259 of 719 .TRIPLE R CONSTRUCTION, INC 8010 Sleepy Bay Blvd. Navarre, FI. 32566 Bill To City of Crestview 198N. Wilson St. Crestview, Fl. 323536 Invoice Date Invoice N 7714/2022 2-2238 P.O. No Terms Proted Quantity ' Desatption Rate Amount 1 15% Overhead/Profit 5,700.00 5,700.00 Total S43,700 00 Phone if Fax* E-mail 850 565 7662 850 936 1022 rkk.trc mail.com Page 260 of 719 City of 1 RENOVATION OF THE BUSH HOUSE C ew's Future Hisivry Museum This profit incorporates the Scope of Work and t SCOPE OF WORK Hughesan o f Crestview, Culture Se Di s} pcirks l c 850.398.5459, 1? tghesbl stview.o First draft: 17 Sept. 2021 Final version: 28 Sept. 2021 (with revisions from 8 Oct. 2021) n rid bid ant NOTE: After discussions with Fire Marshal Rodney Lancaster. original staircase wi and WILL NOT be removed. A new staircase WILL NOT be constructed from the idtchert 8 in 1925, IAN Railroad supervisor of tracks torenza Bush built his family a handsome white clapboard house on the corner of Wilson Street and then Chestnut Avenue (now Martin Luther King Jr. Avenue), ,Mist south of the tracks he supervised. The Bush House reflects the lifestyle of an important railway official and includes two former front parlours, a dining room, large kitchen, and three spacious upstairs former bedrooms. Over the years, repairs and novations have altered some of the back room, a sort of "tacked -on" bathroom on the back of the house; porch. Fluorescent strip lighting has been added to almost every up the waits and across the ceilings. Sheetrock ors hurt pine conceals varnished heart pine floors. The challenge is to restore some of the here's original tely, slid middle also converting it into a showplace for telling Crestview's rich history. To help qty of Crestview seeks to partner with a contractor who will share our vision of a early 2i- ntury home and public museum house through implementation of this cape of'i,Myo EXTERIOR REPAIRS ► Repair north and south front Shore up porch, fix sa68 i Strip and repaint wails and tnr • Remove current handicap ram of porch h columns that are bowing ou• which produce noticeable slo city Public Services could do this) ces, producing a large y enclosed rear al conduit making ustrial carpeting n front upst rid build new ram Sri Page 261 of 719 Replace outside pipe handrails with Restore balcony on front of house under its existing canopy • Fig teaks in roof decorative ironwork rails $HUMOR REPAIRS THROUGHOUT HOUSE: move all fluorescent light fl u , repgace with pe d- ie 11ng fans and lamps all electrical conduit on waits on ceilings. Rewire carpet and refinish hardwood floors as needed. sheetrock, restore wood walls and ceilings except as noted In rt • Remove gas -powered HVAC units downstairs and upstairs.. Replace with pump outside. • Remove bulky ductwork as discussed. • Remove Masonite blaming fireplaces; install rlc tip at least in • Wirtdow repair as discussed. Make windows functional where possible. • Install smoke detectors/alarms per code • Install security cameras to first -floor rooms and upstairs had ; ` r • Museum display cases to be fabricated by city staff err FRONT HALL: ove ductwork as di P!ie-crown molding i tined op hallway heavy-duty front door with period accurate heavy NT PARLOUR: • Fix dam brick mantle. • install ei ric° outlet and wall mount for ride triple -crown mol rtg i` PARLOUR triple-r rn molding rim in ventage style per ctin ulta r i French door hardware as necessaty. • Rerr • Reps • Wafipape • Replace °office si KITCHEN: • Fix hole and damage to iirg • Remove metal cabinetry and replace w • Retain but refinish existi. tnceai electrical. Historic Pn consultation with H Presentation Board. th perm#•correct wooden door with wind s) rbinets Page 262 of 719 ASS BACK ROOM: NOTE: This carat to the main rAibition room. • Shore up sagging structure across southwest section of • Fix leaning fireplace • nt SAC to closet air TV Mount and electrical outlet a ntrance to rim from front halfway a rig crown moulding: l n't Address problem of odd walls in northwest corns ems. • Strip linoleum; Install hardwood flooring or Perg style composite floor icyp nsider building a display wall running west to east down center of room as far as 1 t er back section open two- strips of track lighting on calling running west to east to illurrilnate side wall dis ►la displays or display wall, if constructed. UPSTAIRS WAY IVY+ de) attic; closet. cilltate access to main attic for Inspections, UPSTAIRS NORM Rl • Remove bathroom Tartur it Remove HVAC and walls a Oct 21) north room. for archives on north wall and around northw by up Page 263 of 719 CONTRACTOR'S NOTES & BID Rick KZ tot* TRIPLE R CONSTRUCIION, INC 8010 Stem Bay Bhtd Navarre, FL 32566 1150-585-7682 Qty of Crestview Brian Hum Bush Mouse, Wilson St, Proposal for the refurbislrin8 `the gush house as per Scope 28 Sept 2021 with some comments Exterior Paint is lead based so removing is very costly. Price includes pressure washing and repaint. Old layers of paint will soil show. Concrete hand.cap ramp to be removed by others (city). ew e Exterior rails to be wood not iron Flooring to be refinished as best as possible after carpet and vinyl i matched I believe as the building has been remodeled many times ?drywall ceiling. is preferred If the wood ceiling are saivageab d flooring tc be re mc vett rep replaced. Fireplace joists, repairs will tell usa ed bystructural prvbtems. After ins Some dollars have been included, but on ► Ina rnduded Ftoori Price for the scope plus ab descriptions: $ 329,890.00 Thank you for cons ring my company Rla Bausch CGC 1508724 10/17/21 Projected starting date: Projected completion date: ku ra 4 Page 264 of 719 Page 265 of 719 CITY OF CRESTVIEW Item # 6.12. Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Wayne Steele, Director of Operations DATE: 8/3/2022 SUBJECT: East/West Connector Agreement - ROW Donation BACKGROUND: As part of the Crestview Southwest Bypass, the newly constructed East-West Connector Road will intersect with Hwy 85 at the new Crestview Commons Commercial Development. This intersection will include a new traffic signal required for Hwy 85 north and south-bound lanes, Hospital Drive to the east and the East-West Connector Road to the west. This new signalized intersection also requires additional turn lanes on Hwy 85 for both south-bound and north-bound traffic onto the newly constructed East-West Connector Road. For this agenda item we will only be discussing the donation of property located in front of Redstone Plaza (Panera Bread) for the Hwy 85 south-bound, right-hand turn lane onto the East-West Connector Road as shown in the attached Redstone Exhibit. DISCUSSION: This property containing 0.06 acres more or less is being donated by 67 LLC F.W. Schinz, Manager. This Donation Agreement (the “Agreement”) is entered into as of August 8, 2022, by and between 67, LLC, a Florida limited liability company, having a mailing address of 11 Racetrack Road NE, Fort Walton Beach, Florida 32547 (the “Donor”) and the City of Crestview, a Florida municipal corporation, having a mailing address of 198 North Wilson Street, Crestview, Florida 32536 (the “Donee”), and joined by Benchmark Crestview Commons, LLC (“Benchmark”) as a participating party for the purposes set forth in Section 13 as written in the attachment 67 LLC R.O.W. Donation. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Page 266 of 719 Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT The financial impact to the City would be an increase in capital assets based on the market value at the time of the donation. RECOMMENDED ACTION Staff respectfully requests approval and execution of the 67 LLC R.O.W. Donation Agreement. Attachments 1. REDSTONE EXHIBIT 7-25-22 2. 67 LLC ROW Donation Agreement Final for Execution 3. 67 LLC ROW Donation Agreement Final Redline 4. 67 LLC ROW Donation Agreement - Benchmark Executed Page 267 of 719 Page 268 of 719 DONATION AGREEMENT This Donation Agreement (the “Agreement”) is entered into as of __________________, 2022, by and between 67, LLC, a Florida limited liability company, having a mailing address of 11 Racetrack Road NE, Fort Walton Beach, Florida 32547 (the “Donor”) and the City of Crestview, a Florida municipal corporation, having a mailing address of 198 North Wilson Street, Crestview, Florida 32536 (the “Donee”), and joined by Benchmark Crestview Commons, LLC (“Benchmark”) as a participating party for the purposes set forth in Section 13. RECITALS: WHEREAS, Donor owns certain real property comprised of approximately .06 acres, more or less, of land located in Okaloosa County, Florida, as more specifically described in Exhibit "A" attached hereto and incorporated herein by reference, together with all rights, privileges and appurtenances thereto belonging (the “Real Property”); and WHEREAS, Benchmark owns property south of the Real Property which it is developing for commercial purposes and, pursuant to a Participation Agreement with Donee, is constructing certain infrastructure improvements which will be conveyed and dedicated to Donee (in part) and the State of Florida (in part) upon completion; and WHEREAS, Donor wishes to donate and contribute the Real Property to Donee and Donee wishes to accept such donation, all in accordance with the terms of this Agreement; and WHEREAS, the parties hereto wish to specify the timing, conditions and terms of the donation. WITNESSETH: 1. Donation and Acceptance. Donor agrees to donate, convey and transfer to Donee, and Donee agrees to receive and accept from the Donor, all of the Donor's right, title and interest in and to the Real Property subject to the terms, conditions and provisions hereof. 2. Donative Intent. The Real Property is being donated by the Donor to Donee as a charitable gift. Donee has not contributed nor given anything of any value in exchange for the donation. 3. Conveyance. The conveyance by the Donor of the Real Property to Donee shall be by Special Warranty Deed in the form of Exhibit “B” attached hereto and incorporated herein by reference (the “Deed”). 4. Title and Survey. At Donee’s election and at its sole cost and expense, Donee may obtain a title commitment and survey for an ALTA Owner’s Policy of Title Insurance insuring title to the Real Property to Donee to be issued by a title company acceptable to Donee. Page 269 of 719 5. Donor Warranties and Representations. Donor represents and warrants to Donee as follows: (a) The Donor is a duly organized and validly existing limited liability company under the laws of the State of Florida and has all necessary power and authority to enter into this Agreement and to perform and carry out the terms and conditions required of it hereunder. (b) The Donor is not a “nonresident alien,” “foreign corporation,” “foreign partnership,” “foreign limited liability Donor,” “foreign trust” or “foreign estate” within the meaning of Internal Revenue Code Section 1445 and any related Treasury Regulations. 6. Donor’s Disclaimer of all other Warranties and Representations. EXCEPT AS PROVIDED FOR IN SECTION 5 OF THIS AGREEMENT, DONEE ACKNOWLEDGES AND AGREES THAT (a) THE REAL PROPERTY SHALL BE CONVEYED, AND DONEE SHALL ACCEPT THE REAL PROPERTY ON THE CLOSING DATE, “AS IS, WHERE IS, WITH ALL FAULTS”; (b) EXCEPT FOR DONOR’S REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 5 OF THIS AGREEMENT, AND ANY EXPRESS REPRESENTATIONS OR WARRANTIES CONTAINED IN THE DOCUMENTS DELIVERED BY DONOR AT CLOSING (HEREIN COLLECTIVELY CALLED THE “DONOR'S WARRANTIES”), NEITHER THE DONOR, NOR ITS AFFILIATED COMPANIES, INCLUDING ITS COUNSEL, NOR ANY MEMBER, PARTNER, SHAREHOLDER, OFFICER, DIRECTOR, EMPLOYEE, AGENT, NOR AFFILIATE OF DONOR, NOR ANY OTHER PARTY RELATED IN ANY WAY TO ANY OF THE FOREGOING (ALL OF WHICH PARTIES ARE HEREIN COLLECTIVELY CALLED THE “COMPANY PARTIES ”) HAVE OR SHALL BE DEEMED TO HAVE MADE ANY VERBAL OR WRITTEN REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTEES (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) TO DONEE WITH RESPECT TO THE REAL PROPERTY, ANY MATTER SET FORTH, CONTAINED OR ADDRESSED IN ANY DOCUMENTS (INCLUDING, BUT NOT LIMITED TO, THE ACCURACY AND COMPLETENESS THEREOF) OR THE RESULTS OF ANY INVESTIGATIONS RELATED TO THE REAL PROPERTY PREVIOUSLY CARRIED ON BY DONOR; AND (C) DONEE HAS CONFIRMED INDEPENDENTLY ALL INFORMATION THAT IT CONSIDERS MATERIAL TO THE DONATION OF THE REAL PROPERTY. DONEE SPECIFICALLY ACKNOWLEDGES THAT, EXCEPT FOR DONOR’S WARRANTIES, DONEE IS NOT RELYING ON (AND DONOR DOES HEREBY DISCLAIM AND RENOUNCE) ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, FROM DONOR, AS TO: (i) THE OPERATION OF THE REAL PROPERTY, USES, OR MERCHANTABILITY OR FITNESS OF ANY PORTION OF THE REAL PROPERTY FOR A PARTICULAR PURPOSE; (ii) THE PHYSICAL CONDITION OF THE REAL PROPERTY OR THE CONDITION OR SAFETY OF THE REAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, SUITABILITY OF THE REAL PROPERTY FOR A PARTICULAR PURPOSE; (iii) THE PRESENCE OR ABSENCE, LOCATION OR SCOPE OF ANY HAZARDOUS MATERIALS IN, AT, OR UNDER THE REAL PROPERTY; (vii) THE ACCURACY OF ANY STATEMENTS, Page 270 of 719 CALCULATIONS OR CONDITIONS STATED OR SET FORTH IN DONOR’S BOOKS AND RECORDS CONCERNING THE REAL PROPERTY; OR (viii) THE ABILITY OF DONEE TO OBTAIN ANY AND ALL NECESSARY OR DESIRED GOVERNMENTAL APPROVALS OR PERMITS FOR DONEE’S INTENDED USE OF THE REAL PROPERTY. DONEE FURTHER ACKNOWLEDGES AND AGREES THE DONOR IS NOT UNDER ANY DUTY TO MAKE ANY AFFIRMATIVE DISCLOSURES (EXCEPT WITH RESPECT TO DONOR’S WARRANTIES AS SET FORTH IN SECTION 5 OF THIS AGREEMENT) OR INQUIRY REGARDING ANY MATTER WHICH MAY OR MAY NOT BE KNOWN TO THE DONOR. 7. Donee Warranties, Representations and Acknowledgements. Donee represents and warrants to Donor as follows: (a) Donee hereby warrants and represents to the Donor that it is a duly organized and validly existing municipal corporation under the laws of the State of Florida and has all necessary power and authority to enter into this Agreement and to perform and carry out t he terms and conditions required of it hereunder. (b) Donee acknowledges that (i) it has inspected the Real Property to its full and complete satisfaction with the full cooperation of the Donor, (ii) such inspection was undertaken by one or more persons of Donee’s choosing, and (iii) it had reasonable and full access to the Real Property for the purposes of its inspection. Donee acknowledges that it has not relied, and does not rely, upon any warranties, representations, or statements concerning the Real Property other than those that are specifically included in this Agreement. Donee acknowledges the present state and condition of the Real Property and agrees to accept the Real Property, notwithstanding any known or unknown deficiencies or defects of or with respect to the Real Property, and agrees not to assert any claim or attempt to rescind the transfer and gift of the Real Property to Donee based on the state or condition of the Real Property. 8. The Donor’s Documentation and Delivery of Instruments. Prior to Closing or otherwise in the time periods specifically set forth herein, the following documents and instruments will be delivered by the Donor to Escrow Agent: (a) The Deed, executed by the Donor, conveying to Donee all of the Donor’s right, title and interest in and to the Real Property; and (b) such other documents as may be reasonably necessary to effectuate the terms and conditions of this Agreement. 9. Closing. The consummation of the donation in accordance herewith (“Closing”) shall be held on or before August 31, 2022, unless otherwise extended by Donor or Donee pursuant to a right to do so as expressly set forth herein or by mutual agreement. 10. Costs and Expenses. Donee will be responsible for the payment of the cost of recording the Deed, any Real Property transfer tax or conveyance fees, and any other costs and expenses required to effectuate the transfer contemplated hereby. Page 271 of 719 11. Charitable Use. Donee intends to use the Real Property exclusively for public purposes within the meaning of Internal Revenue Code Section 170(c)(1) and no part of the net earnings thereof will inure to the benefit of any private shareholder or individual. 12. Commissions and Fees . The Donor and Donee each represents to the other that it has not dealt with any real estate agent or brokerage firm in connection with the transactions contemplated by this Agreement and is not aware of any real estate commissions that are or will become due to any such agen t or firm in connection with such transactions. 13. Coordination of Construction Operations. (a) Donor acknowledges its understanding that Donee, or persons acting on its behalf or on behalf of the State of Florida, Department of Transportation, intend to construct (i) a turn- lane from State Road 85 onto a to-be-constructed extension of Hospital Drive south of Donor’s property using the Real Property (the “Turn Lane”) and (ii) a driveway connection from the to-be- constructed extension of Hospital Drive south of Donor’s property onto Donor’s property (the “Driveway Access”). Following completion of the Turn Lane and Driveway Access, Donee’s existing access to State Road 85 will be closed, and the area thereof landscaped to match existing conditions. All of the foregoing construction work, operations and activities shall be at no cost to Donor. (b) Donee agrees to coordinate with Donor any construction operations which will interfere with public access to Donor’s property from the existing State Road 85 entry point. Donee agrees that at no time will access to Donor’s property using the existing State Road 85 entry point be closed until such time as equivalent access to Donor’s property is given from the to-be- constructed extension of Hospital Drive using the Driveway Access. (c) Donor understands and agrees that it will be responsible for obtaining any necessary tenant approvals associated with the construction of the Driveway Access, including, but not limited to, tenant approvals necessary to temporarily close or limit access to an existing drive-thru on the southern unit of Donor’s building. Donor agrees to obtain such approvals and communicate same to Donee for Donee’s use in scheduling and coordinating work impacting the drive-thru area and ensuring such work causes the minimum necessary impact, which may involve off-peak hours for construction activities in Donee’s discretion. (d) Donee anticipates work to begin on the Turn Lane in July, 2022, beginning with utility relocation followed by turn lane construction in approximately September, 2022. (e) Donee anticipates work to begin on the Driveway Access in August, 2022 and for work within Donee’s parking lot to occur in September, 2022. Donee will limit construction within Donee’s property to a seven day, non-consecutive period, and use best efforts to coordinate work to minimize any interference to tenant operations. Donee will give Donor 30 days advance notice before performing any work in or on Donee’s parking lot. (f) Benchmark shall, and hereby does, protect, defend, save, indemnify and forever hold harmless Donor and Donor’s tenants, along with their affiliates and the officers, directors, Page 272 of 719 employees and agents, from and against any and all claims, demands, liabilities, fines, suits, actions, proceedings, orders, decrees, judgments, losses, damages, costs and expenses, including, without limitation, reasonable attorney's fees) arising out of or occurring in connection with any negligent or intentional acts or omissions of Benchmark (or any of its agents, employees, licensees, or contractors) in performing the work or any breach by Benchmark (or any of its agents, employees, licensees or contractors) of any of Benchmark’s duties, representations, warranties or covenants under this Agreement. Benchmark will maintain in force during the performance of the work comprehensive general liability insurance on an occurrence basis, including, without limitation, contractual liability coverage and a broad form property damage endorsement with limits of not less than $2,000,000 per occurrence and in the aggregate with Donor named as an additional insured. Benchmark shall provide a certificate evidencing such insurance on request. 14. Miscellaneous. (a) Relationship of the Parties. Notwithstanding any provision to the contrary in this Agreement, the parties agree that their relationship with respect to the gift contemplated herein is one of donor and donee only, and no provision of this Agreement shall be construed to create any other type of status or relationship between the parties with respect to such gift. (b) Severability. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provisions had not been contained herein. (c) Waiver. The failure of either party to insist, in any one or more instances, upon a strict performance of any of the terms and conditions of this Agreement, or to exercise or fail to exercise any option or right contained herein, shall not be construed as a waiver or a relinquishment for the future of such right or option, but the same shall continue and remain in full force and effect. The continued performance by either party of this Agreement with knowledge of the breach of any term or condition hereof shall not be deemed a waiver of such breach, and no waiver by either party of any provision hereof, shall be deemed to have been made, or operate as estoppel, unless expressed in writing and signed by such party. (d) Notices. All notices herein authorized or required to be given to Donee shall be sent certified mail, registered mail or overnight express, postage prepaid, to Donee at: City of Crestview Tim Bolduc, City Manager 198 North Wilson Street Crestview, Florida 32536 timbolduc@cityofcrestview.org or to such other address as Donee may from time to time designate in accordance with this Paragraph. All notices herein authorized or required to be given to the Donor shall be sent by certified mail, registered mail or overnight express, postage prepaid, to the Donor at: Page 273 of 719 67, LLC F.W. “Freddie” Schinz, Manager 11 Racetrack Road NE Fort Walton Beach, Florida 32547 Freddie@tifordevelopment.com or to such other address as the Donor may from time to time designate in accordance with this paragraph. All notices herein authorized or required to be given to Benchmark shall be sent by certified mail, registered mail or overnight express, postage prepaid, to Benchmark at: Benchmark Crestview Commons, LLC John Rehak, Director of Acquisitions and Development 4053 Maple Road Amherst, New York 14226 jrehak@benchmarkgrp.com (e) Entire Agreement. This Agreement sets for the complete understanding and agreement of the parties with respect to the Real Property and the transaction that is the subject of this Agreement. No oral statements, representations or agreements other than this Agreement shall have any force or effect and Donee and the Donor agree that they will not rely on any representations or agreements other than those contained in this Agreement. (f) Further Assurances. Either party, upon the request of the other party, shall execute and deliver such further documents and instruments as such other party may reasonably deem appropriate to carry out the terms and conditions of this Agreement, provided that such further documents and instruments are consistent with the terms and conditions of this Agreement. (g) Survival. All agreements, representations, warranties and indemnifications hereunder shall be considered to have been relied upon and shall survive the execution and delivery of this Agreement and the conveyance of the Real Property being conveyed hereunder. (h) Headings. The headings in this Agreement are for the purposes of reference only and shall not affect or define the meanings hereof. (i) Exhibits. The Exhibits attached hereto are a part of this Agreement. (g) Applicable Law and Binding Effect. This Agreement shall be construed and interpreted in accordance with the laws of the State of Florida. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. (h) Counterparts. This Agreement may be signed in multiple identical counterparts with the same effect as if the signatures thereof and hereto were upon the same instrument. Page 274 of 719 IN WITNESS WHEREOF, Donor and Donee have caused this Agreement to be executed under seal as of the date first above written. DONOR: 67, LLC, a Florida limited liability company _______________________________ Name: F.W. Schinz Title: Manager DONEE: CITY OF CRESTVIEW, FLORIDA J.B. WHITTEN Mayor ATTEST: MARYANNE SCHRADER City Clerk BENCHMARK: Benchmark Crestview Commons, LLC, a Florida limited liability company By: Benchmark Properties Management Corp., its Manager _________________________ Name: ____________________ Title: ____________________ Page 275 of 719 EXHIBIT A Property Description PROPOSED VARIABLE WIDTH RIGHT-OF-WAY DONATION A STRIP OF LAND SITUATED IN SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST, CITY OF CRESTVIEW, FLORIDA, BEING A PORTION OF REDSTONE PLAZA SHOPPING CENTER, LYING ADJACENT TO FLORIDA STATE ROAD 85, AND SITUATED NORTH OF THE FORMER McLAIN'S PARCEL (OFFICIAL RECORDS BOOK 3279, PAGE 1881); SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF REDSTONE AVENUE WEST (PUBLIC RIGHT-OF-WAY WIDTH VARIES) WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID FLORIDA STATE ROAD 85 (112 FOOT WIDE RIGHT-OF-WAY AS DEPICTED ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 57050-2505, DATED 1 JUN 1993); THENCE S 1625'59" W ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 173.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 1625'59" W ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 218.76 FEET TO THE NORTHEAST CORNER OF THE AFORESAID FORMER "McLAIN'S PARCEL"; THENCE DEPARTING SAID RIGHT- OF-WAY LINE, PROCEED N 87'48'11" W ALONG THE NORTHERLY PROPERTY LINE THEREOF, A DISTANCE OF 12.84 FEET; THENCE DEPARTING SAID NORTHERLY PROPERTY LINE, PROCEED N 16'21'10" E, A DISTANCE OF 221.87 FEET; THENCE S 73'48'16 E, A DISTANCE OF 12.75 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.06 ACRES, MORE OR LESS. Page 276 of 719 EXHIBIT B Form of Deed This Instrument Prepared By: Jonathan Holloway, P.A. 420 East Pine Avenue Crestview, Florida 32539 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED (“Deed”) made effective as of the ____ day of December, 2021, by 67, LLC, a Florida limited liability company , whose mailing address is 11 Racetrack Road NE, Fort Walton Beach, Florida 32547 (“GRANTOR ”), to the City of Crestview, Florida , a municipal corporation , having a mailing address of 198 North Wilson Street, Crestview, Florida 32536 (“GRANTEE ”). WITNESSETH: T he GRANTOR, for valuable consideration paid, the receipt of which is hereby acknowledged, by these presents does remise, release and convey unto th e GRANTEE, its heirs, successors and assigns, all of the right, title, interest, claim and demand which GRANTOR has in the following certain land situated in Okaloosa County, Florida (the “Property ”): See Exhibit "A" attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the same, together with the rights, privileges, appurtenances and immunities thereto belonging or in any way appertaining, unto GRANTEE, its successors and assigns, forever. This Deed is made subject to all legal highways, zoning and building laws, ordinances and regulations, to all restrictions, easements, rights-of-way, exceptions, reservations and conditions contained in prior instruments of record in the chain of title to the Property and to any state of facts which an accurate survey would show. GRANTOR, as its sole warranty herein, specially warrants to GRANTEE, and to GRANTEE’S successors and assigns, that GRANTOR, its successors and assigns, will forever defend title to the Property (subject only to the foregoing matters referred to herein) against those claims, and only those claims, of all persons who shall claim title to or assert claims affecting title to the Property or any part thereof, by, through, under or based on the acts of Grantor, but none other. The terms and provisions contained in this Deed shall be binding upon and inure to the benefit of GRANTOR and GRANTEE and their respective successors and assigns. Page 277 of 719 IN WITNESS WHEREOF, GRANTOR has executed this Deed under seal on the date aforesaid. Signed, sealed and delivered in the presence of the following witnesses: _______________________________ Print Name: ___________________ _______________________________ Print Name: 67, LLC By: __________________________________________ F.W. Schinz, Manager STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was acknowledged before me this ____ day of January, 2022 by F.W. Schinz, Manager of 67, LLC, a Florida limited liability company, on behalf of the company, [ ] who is personally known to me or [ ] produced ______________________________________ as identification. My Commission Expires: _______________________________________ Notary Public State of Florida Notary Seal Page 278 of 719 EXHIBIT A TO SPECIAL WARRANTY DEED LEGAL DESCRIPTION A STRIP OF LAND SITUATED IN SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST, CITY OF CRESTVIEW, FLORIDA, BEING A PORTION OF REDSTONE PLAZA SHOPPING CENTER, LYING ADJACENT TO FLORIDA STATE ROAD 85, AND SITUATED NORTH OF THE FORMER McLAIN'S PARCEL (OFFICIAL RECORDS BOOK 3279, PAGE 1881); SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF REDSTONE AVENUE WEST (PUBLIC RIGHT-OF-WAY WIDTH VARIES) WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID FLORIDA STATE ROAD 85 (112 FOOT WIDE RIGHT-OF-WAY AS DEPICTED ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 57050-2505, DATED 1 JUN 1993); THENCE S 1625'59" W ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 173.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 1625'59" W ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 218.76 FEET TO THE NORTHEAST CORNER OF THE AFORESAID FORMER "McLAIN'S PARCEL"; THENCE DEPARTING SAID RIGHT- OF-WAY LINE, PROCEED N 87'48'11" W ALONG THE NORTHERLY PROPERTY LINE THEREOF, A DISTANCE OF 12.84 FEET; THENCE DEPARTING SAID NORTHERLY PROPERTY LINE, PROCEED N 16'21'10" E, A DISTANCE OF 221.87 FEET; THENCE S 73'48'16 E, A DISTANCE OF 12.75 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.06 ACRES, MORE OR LESS. Page 279 of 719 DONATION AGREEMENT This Donation Agreement (the “Agreement”) is entered into as of __________________, 2022, by and between 67, LLC, a Florida limited liability company, having a mailing address of 11 Racetrack Road NE, Fort Walton Beach, Florida 32547 (the “Donor”) and the City of Crestview, a Florida municipal corporation, having a mailing address of 198 North Wilson Street, Crestview, Florida 32536 (the “Donee”), and joined by Benchmark Crestview Commons, LLC (“Benchmark”) as a participating party for the purposes set forth in Section 13. RECITALS: WHEREAS, Donor owns certain real property comprised of approximately .06 acres, more or less, of land located in Okaloosa County, Florida, as more specifically described in Exhibit "A" attached hereto and incorporated herein by reference, together with all rights, privileges and appurtenances thereto belonging (the “Real Property”); and WHEREAS, Benchmark owns property south of the Real Property which it is developing for commercial purposes and, pursuant to a Participation Agreement with Donee, is constructing certain infrastructure improvements which will be conveyed and dedicated to Donee (in part) and the State of Florida (in part) upon completion; and WHEREAS, Donor wishes to donate and contribute the Real Property to Donee and Donee wishes to accept such donation, all in accordance with the terms of this Agreement; and WHEREAS, the parties hereto wish to specify the timing, conditions and terms of the donation. WITNESSETH: 1. Donation and Acceptance. Donor agrees to donate, convey and transfer to Donee, and Donee agrees to receive and accept from the Donor, all of the Donor's right, title and interest in and to the Real Property subject to the terms, conditions and provisions hereof. 2. Donative Intent. The Real Property is being donated by the Donor to Donee as a charitable gift. Donee has not contributed nor given anything of any value in exchange for the donation. 3. Conveyance. The conveyance by the Donor of the Real Property to Donee shall be by Special Warranty Deed in the form of Exhibit “B” attached hereto and incorporated herein by reference (the “Deed”). 4.Title and Survey. At Donee’s election and at its sole cost and expense, Donee may obtain a title commitment and survey for an ALTA Owner’s Policy of Title Insurance insuring title to the Real Property to Donee to be issued by a title company acceptable to Donee. Page 280 of 719 5.Donor Warranties and Representations. Donor represents and warrants to Donee as follows: (a)The Donor is a duly organized and validly existing limited liability company under the laws of the State of Florida and has all necessary power and authority to enter into this Agreement and to perform and carry out the terms and conditions required of it hereunder. (b)The Donor is not a “nonresident alien,” “foreign corporation,” “foreign partnership,” “foreign limited liability Donor,” “foreign trust” or “foreign estate” within the meaning of Internal Revenue Code Section 1445 and any related Treasury Regulations. 6. Donor’s Disclaimer of all other Warranties and Representations. EXCEPT AS PROVIDED FOR IN SECTION 5 OF THIS AGREEMENT, DONEE ACKNOWLEDGES AND AGREES THAT (a) THE REAL PROPERTY SHALL BE CONVEYED, AND DONEE SHALL ACCEPT THE REAL PROPERTY ON THE CLOSING DATE, “AS IS, WHERE IS, WITH ALL FAULTS”; (b) EXCEPT FOR DONOR’S REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 5 OF THIS AGREEMENT, AND ANY EXPRESS REPRESENTATIONS OR WARRANTIES CONTAINED IN THE DOCUMENTS DELIVERED BY DONOR AT CLOSING (HEREIN COLLECTIVELY CALLED THE “DONOR'S WARRANTIES”), NEITHER THE DONOR, NOR ITS AFFILIATED COMPANIES, INCLUDING ITS COUNSEL, NOR ANY MEMBER, PARTNER, SHAREHOLDER, OFFICER, DIRECTOR, EMPLOYEE, AGENT, NOR AFFILIATE OF DONOR, NOR ANY OTHER PARTY RELATED IN ANY WAY TO ANY OF THE FOREGOING (ALL OF WHICH PARTIES ARE HEREIN COLLECTIVELY CALLED THE “COMPANY PARTIES”) HAVE OR SHALL BE DEEMED TO HAVE MADE ANY VERBAL OR WRITTEN REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTEES (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) TO DONEE WITH RESPECT TO THE REAL PROPERTY, ANY MATTER SET FORTH, CONTAINED OR ADDRESSED IN ANY DOCUMENTS (INCLUDING, BUT NOT LIMITED TO, THE ACCURACY AND COMPLETENESS THEREOF) OR THE RESULTS OF ANY INVESTIGATIONS RELATED TO THE REAL PROPERTY PREVIOUSLY CARRIED ON BY DONOR; AND (C) DONEE HAS CONFIRMED INDEPENDENTLY ALL INFORMATION THAT IT CONSIDERS MATERIAL TO THE DONATION OF THE REAL PROPERTY. DONEE SPECIFICALLY ACKNOWLEDGES THAT, EXCEPT FOR DONOR’S WARRANTIES, DONEE IS NOT RELYING ON (AND DONOR DOES HEREBY DISCLAIM AND RENOUNCE) ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, FROM DONOR, AS TO: (i) THE OPERATION OF THE REAL PROPERTY, USES, OR MERCHANTABILITY OR FITNESS OF ANY PORTION OF THE REAL PROPERTY FOR A PARTICULAR PURPOSE; (ii) THE PHYSICAL CONDITION OF THE REAL PROPERTY OR THE CONDITION OR SAFETY OF THE REAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, SUITABILITY OF THE REAL PROPERTY FOR A PARTICULAR PURPOSE; (iii) THE PRESENCE OR ABSENCE, LOCATION OR SCOPE OF ANY HAZARDOUS MATERIALS IN, AT, OR UNDER THE REAL PROPERTY; (vii) THE ACCURACY OF ANY STATEMENTS, Page 281 of 719 CALCULATIONS OR CONDITIONS STATED OR SET FORTH IN DONOR’S BOOKS AND RECORDS CONCERNING THE REAL PROPERTY; OR (viii) THE ABILITY OF DONEE TO OBTAIN ANY AND ALL NECESSARY OR DESIRED GOVERNMENTAL APPROVALS OR PERMITS FOR DONEE’S INTENDED USE OF THE REAL PROPERTY. DONEE FURTHER ACKNOWLEDGES AND AGREES THE DONOR IS NOT UNDER ANY DUTY TO MAKE ANY AFFIRMATIVE DISCLOSURES (EXCEPT WITH RESPECT TO DONOR’S WARRANTIES AS SET FORTH IN SECTION 5 OF THIS AGREEMENT) OR INQUIRY REGARDING ANY MATTER WHICH MAY OR MAY NOT BE KNOWN TO THE DONOR. 7. Donee Warranties, Representations and Acknowledgements. Donee represents and warrants to Donor as follows: (a) Donee hereby warrants and represents to the Donor that it is a duly organized and validly existing municipal corporation under the laws of the State of Florida and has all necessary power and authority to enter into this Agreement and to perform and carry out the terms and conditions required of it hereunder. (b) Donee acknowledges that (i) it has inspected the Real Property to its full and complete satisfaction with the full cooperation of the Donor, (ii) such inspection was undertaken by one or more persons of Donee’s choosing, and (iii) it had reasonable and full access to the Real Property for the purposes of its inspection. Donee acknowledges that it has not relied, and does not rely, upon any warranties, representations, or statements concerning the Real Property other than those that are specifically included in this Agreement. Donee acknowledges the present state and condition of the Real Property and agrees to accept the Real Property, notwithstanding any known or unknown deficiencies or defects of or with respect to the Real Property, and agrees not to assert any claim or attempt to rescind the transfer and gift of the Real Property to Donee based on the state or condition of the Real Property. 8. The Donor’s Documentation and Delivery of Instruments. Prior to Closing or otherwise in the time periods specifically set forth herein, the following documents and instruments will be delivered by the Donor to Escrow Agent: (a) The Deed, executed by the Donor, conveying to Donee all of the Donor’s right, title and interest in and to the Real Property; and (b) such other documents as may be reasonably necessary to effectuate the terms and conditions of this Agreement. 9.Closing. The consummation of the donation in accordance herewith (“Closing”) shall be held on or before __________,August 31, 2022, unless otherwise extended by Donor or Donee pursuant to a right to do so as expressly set forth herein or by mutual agreement. 10. Costs and Expenses. Donee will be responsible for the payment of the cost of recording the Deed, any Real Property transfer tax or conveyance fees, and any other costs and expenses required to effectuate the transfer contemplated hereby. Page 282 of 719 11. Charitable Use. Donee intends to use the Real Property exclusively for public purposes within the meaning of Internal Revenue Code Section 170(c)(1) and no part of the net earnings thereof will inure to the benefit of any private shareholder or individual. 12. Commissions and Fees. The Donor and Donee each represents to the other that it has not dealt with any real estate agent or brokerage firm in connection with the transactions contemplated by this Agreement and is not aware of any real estate commissions that are or will become due to any such agent or firm in connection with such transactions. 13. Coordination of Construction Operations. (a) Donor acknowledges its understanding that Donee, or persons acting on its behalf or on behalf of the State of Florida, Department of Transportation, intend to construct (i) a turn- lane from State Road 85 onto a to-be-constructed extension of Hospital Drive south of Donor’s property using the Real Property (the “Turn Lane”) and (ii) a driveway connection from the to-be- constructed extension of Hospital Drive south of Donor’s property onto Donor’s property (the “Driveway Access”). Following completion of the Turn Lane and Driveway Access, Donee’s existing access to State Road 85 will be closed, and the area thereof landscaped to match existing conditions. All of the foregoing construction work, operations and activities shall be at no cost to Donor. (b) Donee agrees to coordinate with Donor any construction operations which will interfere with public access to Donor’s property from the existing State Road 85 entry point. Donee agrees that at no time will access to Donor’s property using the existing State Road 85 entry point be closed until such time as equivalent access to Donor’s property is given from the to-be- constructed extension of Hospital Drive using the Driveway Access. (c) Donor understands and agrees that it will be responsible for obtaining any necessary tenant approvals associated with the construction of the Driveway Access, including, but not limited to, tenant approvals necessary to temporarily close or limit access to an existing drive-thru on the southern unit of Donor’s building. Donor agrees to obtain such approvals and communicate same to Donee for Donee’s use in scheduling and coordinating work impacting the drive-thru area and ensuring such work causes the minimum necessary impact, which may involve off-peak hours for construction activities in Donee’s discretion. (d) Donee anticipates work to begin on the Turn Lane in July, 2022, beginning with utility relocation followed by turn lane construction in approximately September, 2022. (e) Donee anticipates work to begin on the Driveway Access in August, 2022 and for work within Donee’s parking lot to occur in September, 2022. Donee will limit construction within Donee’s property to a seven day, non-consecutive period, and use best efforts to coordinate work to minimize any interference to tenant operations. Donee will give Donor 30 days advance notice before performing any work in or on Donee’s parking lot. (f) Benchmark shall, and hereby does, protect, defend, save, indemnify and forever hold harmless Donor and Donor’s tenants, along with their affiliates and the officers, directors, Page 283 of 719 employees and agents, from and against any and all claims, demands, liabilities, fines, suits, actions, proceedings, orders, decrees, judgments, losses, damages, costs and expenses, including, without limitation, reasonable attorney's fees) arising out of or occurring in connection with any negligent or intentional acts or omissions of Benchmark (or any of its agents, employees, licensees, or contractors) in performing the work or any breach by Benchmark (or any of its agents, employees, licensees or contractors) of any of Benchmark’s duties, representations, warranties or covenants under this Agreement. Benchmark will maintain in force during the performance of the work comprehensive general liability insurance on an occurrence basis, including, without limitation, contractual liability coverage and a broad form property damage endorsement with limits of not less than $2,000,000 per occurrence and in the aggregate with Donor named as an additional insured. Benchmark shall provide a certificate evidencing such insurance on request. (g) 14. Miscellaneous. (a) Relationship of the Parties. Notwithstanding any provision to the contrary in this Agreement, the parties agree that their relationship with respect to the gift contemplated herein is one of donor and donee only, and no provision of this Agreement shall be construed to create any other type of status or relationship between the parties with respect to such gift. (b) Severability. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provisions had not been contained herein. (c) Waiver. The failure of either party to insist, in any one or more instances, upon a strict performance of any of the terms and conditions of this Agreement, or to exercise or fail to exercise any option or right contained herein, shall not be construed as a waiver or a relinquishment for the future of such right or option, but the same shall continue and remain in full force and effect. The continued performance by either party of this Agreement with knowledge of the breach of any term or condition hereof shall not be deemed a waiver of such breach, and no waiver by either party of any provision hereof, shall be deemed to have been made, or operate as estoppel, unless expressed in writing and signed by such party. (d) Notices. All notices herein authorized or required to be given to Donee shall be sent certified mail, registered mail or overnight express, postage prepaid, to Donee at: City of Crestview Tim Bolduc, City Manager 198 North Wilson Street Crestview, Florida 32536 timbolduc@cityofcrestview.org or to such other address as Donee may from time to time designate in accordance with this Paragraph. All notices herein authorized or required to be given to the Donor shall be sent by certified mail, registered mail or overnight express, postage prepaid, to the Donor at: Page 284 of 719 67, LLC F.W. “Freddie” Schinz, Manager 11 Racetrack Road NE Fort Walton Beach, Florida 32547 Freddie@tifordevelopment.com or to such other address as the Donor may from time to time designate in accordance with this paragraph. All notices herein authorized or required to be given to Benchmark shall be sent by certified mail, registered mail or overnight express, postage prepaid, to Benchmark at: Benchmark Crestview Commons, LLC John Rehak, Director of Acquisitions and Development 4053 Maple Road Amherst, New York 14226 jrehak@benchmarkgrp.com (e) Entire Agreement. This Agreement sets for the complete understanding and agreement of the parties with respect to the Real Property and the transaction that is the subject of this Agreement. No oral statements, representations or agreements other than this Agreement shall have any force or effect and Donee and the Donor agree that they will not rely on any representations or agreements other than those contained in this Agreement. (f) Further Assurances. Either party, upon the request of the other party, shall execute and deliver such further documents and instruments as such other party may reasonably deem appropriate to carry out the terms and conditions of this Agreement, provided that such further documents and instruments are consistent with the terms and conditions of this Agreement. (g) Survival. All agreements, representations, warranties and indemnifications hereunder shall be considered to have been relied upon and shall survive the execution and delivery of this Agreement and the conveyance of the Real Property being conveyed hereunder. (h) Headings. The headings in this Agreement are for the purposes of reference only and shall not affect or define the meanings hereof. (i) Exhibits. The Exhibits attached hereto are a part of this Agreement. (h)(g)Applicable Law and Binding Effect. This Agreement shall be construed and interpreted in accordance with the laws of the State of Florida. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. (i)(h)Counterparts. This Agreement may be signed in multiple identical counterparts with the same effect as if the signatures thereof and hereto were upon the same instrument. Page 285 of 719 IN WITNESS WHEREOF, Donor and Donee have caused this Agreement to be executed under seal as of the date first above written. DONOR: 67, LLC, a Florida limited liability company _______________________________ Name: F.W. Schinz Title: Manager DONEE: CITY OF CRESTVIEW, FLORIDA J.B. WHITTEN Mayor ATTEST: MARYANNE SCHRADER City Clerk BENCHMARK: Benchmark Crestview Commons, LLC, a Florida limited liability company By: Benchmark Properties Management Corp., its Manager _________________________ Name: ____________________ Title: ____________________ Page 286 of 719 EXHIBIT A Property Description PROPOSED VARIABLE WIDTH RIGHT-OF-WAY DONATION A STRIP OF LAND SITUATED IN SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST, CITY OF CRESTVIEW, FLORIDA, BEING A PORTION OF REDSTONE PLAZA SHOPPING CENTER, LYING ADJACENT TO FLORIDA STATE ROAD 85, AND SITUATED NORTH OF THE FORMER McLAIN'S PARCEL (OFFICIAL RECORDS BOOK 3279, PAGE 1881); SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF REDSTONE AVENUE WEST (PUBLIC RIGHT-OF-WAY WIDTH VARIES) WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID FLORIDA STATE ROAD 85 (112 FOOT WIDE RIGHT-OF-WAY AS DEPICTED ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 57050-2505, DATED 1 JUN 1993); THENCE S 1625'59" W ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 173.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 1625'59" W ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 218.76 FEET TO THE NORTHEAST CORNER OF THE AFORESAID FORMER "McLAIN'S PARCEL"; THENCE DEPARTING SAID RIGHT- OF-WAY LINE, PROCEED N 87'48'11" W ALONG THE NORTHERLY PROPERTY LINE THEREOF, A DISTANCE OF 12.84 FEET; THENCE DEPARTING SAID NORTHERLY PROPERTY LINE, PROCEED N 16'21'10" E, A DISTANCE OF 221.87 FEET; THENCE S 73'48'16 E, A DISTANCE OF 12.75 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.06 ACRES, MORE OR LESS. Page 287 of 719 EXHIBIT B Form of Deed This Instrument Prepared By: Jonathan Holloway, P.A. 420 East Pine Avenue Crestview, Florida 32539 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED (“Deed”) made effective as of the ____ day of December, 2021, by 67, LLC, a Florida limited liability company, whose mailing address is 11 Racetrack Road NE, Fort Walton Beach, Florida 32547 (“GRANTOR”), to the City of Crestview, Florida, a municipal corporation, having a mailing address of 198 North Wilson Street, Crestview, Florida 32536 (“GRANTEE”). WITNESSETH: The GRANTOR, for valuable consideration paid, the receipt of which is hereby acknowledged, by these presents does remise, release and convey unto the GRANTEE, its heirs, successors and assigns, all of the right, title, interest, claim and demand which GRANTOR has in the following certain land situated in Okaloosa County, Florida (the “Property”): See Exhibit "A" attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the same, together with the rights, privileges, appurtenances and immunities thereto belonging or in any way appertaining, unto GRANTEE, its successors and assigns, forever. This Deed is made subject to all legal highways, zoning and building laws, ordinances and regulations, to all restrictions, easements, rights-of-way, exceptions, reservations and conditions contained in prior instruments of record in the chain of title to the Property and to any state of facts which an accurate survey would show. GRANTOR, as its sole warranty herein, specially warrants to GRANTEE, and to GRANTEE’S successors and assigns, that GRANTOR, its successors and assigns, will forever defend title to the Property (subject only to the foregoing matters referred to herein) against those claims, and only those claims, of all persons who shall claim title to or assert claims affecting title to the Property or any part thereof, by, through, under or based on the acts of Grantor, but none other. The terms and provisions contained in this Deed shall be binding upon and inure to the benefit of GRANTOR and GRANTEE and their respective successors and assigns. Page 288 of 719 IN WITNESS WHEREOF, GRANTOR has executed this Deed under seal on the date aforesaid. Signed, sealed and delivered in the presence of the following witnesses: _______________________________ Print Name:____________________ _______________________________ Print Name: 67, LLC By: __________________________________________ F.W. Schinz, Manager STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was acknowledged before me this ____ day of January, 2022 by F.W. Schinz, Manager of 67, LLC, a Florida limited liability company, on behalf of the company, [ ] who is personally known to me or [ ] produced ______________________________________ as identification. My Commission Expires: _______________________________________ Notary Public State of Florida Notary Seal Page 289 of 719 EXHIBIT A TO SPECIAL WARRANTY DEED LEGAL DESCRIPTION A STRIP OF LAND SITUATED IN SECTION 29, TOWNSHIP 3 NORTH, RANGE 23 WEST, CITY OF CRESTVIEW, FLORIDA, BEING A PORTION OF REDSTONE PLAZA SHOPPING CENTER, LYING ADJACENT TO FLORIDA STATE ROAD 85, AND SITUATED NORTH OF THE FORMER McLAIN'S PARCEL (OFFICIAL RECORDS BOOK 3279, PAGE 1881); SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF REDSTONE AVENUE WEST (PUBLIC RIGHT-OF-WAY WIDTH VARIES) WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID FLORIDA STATE ROAD 85 (112 FOOT WIDE RIGHT-OF-WAY AS DEPICTED ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 57050-2505, DATED 1 JUN 1993); THENCE S 1625'59" W ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 173.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 1625'59" W ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 218.76 FEET TO THE NORTHEAST CORNER OF THE AFORESAID FORMER "McLAIN'S PARCEL"; THENCE DEPARTING SAID RIGHT- OF-WAY LINE, PROCEED N 87'48'11" W ALONG THE NORTHERLY PROPERTY LINE THEREOF, A DISTANCE OF 12.84 FEET; THENCE DEPARTING SAID NORTHERLY PROPERTY LINE, PROCEED N 16'21'10" E, A DISTANCE OF 221.87 FEET; THENCE S 73'48'16 E, A DISTANCE OF 12.75 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.06 ACRES, MORE OR LESS. Page 290 of 719 Page 291 of 719 Page 292 of 719 Page 293 of 719 Page 294 of 719 Page 295 of 719 Page 296 of 719 Page 297 of 719 Page 298 of 719 Page 299 of 719 Page 300 of 719 Page 301 of 719 CITY OF CRESTVIEW Item # 6.13. Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Maryanne Schrader, City Clerk DATE: 8/3/2022 SUBJECT: Senior Activity Center Facility Use - MOA Renewal - State of Florida Department of Health BACKGROUND: The attached Memorandum of Agreement with the Florida Department of Health is a renewal of the current agreement. The purpose is for their agency to have a facility for use in the north end of the county in case of a potential need to provide continuity of operations for Okaloosa County citizens. DISCUSSION: This agreement is in place for unforeseen circumstances such as a large scale distribution of immunizations, etc. and they may require an alternate location to provide continuity of operations. The proposed location is the City's Senior Center. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview Page 302 of 719 FINANCIAL IMPACT Rental fees are waived. RECOMMENDED ACTION Motion requested to approve the renewal of the MOA with the Florida Department of Health. Attachments 1. MOA Facility Use Health Department Page 303 of 719 1 MEMORANDUM OF AGREEMENT FOR FACILITY USE FOR CONTINUITY OF OPERATIONS IN OKALOOSA COUNTY, FLORIDA Lease Number: Lessor Fed ID: This Agreement entered into by and between the City of Crestview ("Lessor'') and the State of Florida, Department of Health ("Lessee"), is to support the use of the Senior Activity Center in Crestview as an alternate facility for Department of Health operations. The parties agree as follows: 1.PURPOSE: The property shall be used during the term of the Agreement by the State of Florida, its staff and registered volunteers, as an alternate facility for operation of essential public health activities during a disruption of the Lessee's normal facility. 2.TERM: This Memorandum of Agreement will begin effective when signed by all partied and will expire five years from the last signature date, unless amended or canceled in writing. See paragraph 7. a.The Lessor will: 1.Maintain full discretion, based on the nature of an emergency and agencies requesting use of this facility, as to which agency will occupy the facility. 2.Upon Provider approval, provide sole use of the Senior Activity Center located at 325 Stillwell Blvd, Crestview, Florida in the event that the Florida Department of Health (FDOH - Okaloosa) Continuity of Operations Plan (COOP) is activated. This will include the use of electricity, air conditioning and heating, water, telephones, internet and equipment belonging to the facility. 3.Provide tables, chairs and other available equipment located at the facility for set-up of office and clinic work areas. 4.Conduct a brief walk-through to establish the condition of the facility prior to occupation by Department personnel. 5.Provide keys and any other devices needed to secure entrances/exits to the facility. 6.Provide a 24-hour point of contact to help resolve any facility issues that may occur during COOP dislocation operations. Page 304 of 719 2 7.In the event that multiple users are operating from the Senior Activity Center, notify FDOH - Okaloosa Command Staff of preferences for staff and client parking. If no preferences are indicated, clients and staff will park in an "as found" basis in the Spanish Trail parking area. b.The Lessee will: 1.Notify the Provider of the need to use the Senior Activity Center and await Provider approval. 2.Upon approval and dependent upon time and/or manpower, either participate jointly in the facility inspection with the Provider or accept their report as the actual condition of the facility prior to Department operations. The Department's On-site Incident Commander will decide which method will be utilized. 3.Provide all manpower and equipment, not already available at the facility, required to set up, secure, and conduct Department operations at the facility. 4.Occupy the facility for the minimum time possible. Occupation of the facility will not extend past 30 days without coordination with and approval from the City of Crestview. 5.Upon termination of Department operations, restore the facility to the same condition as it was prior to operations being conducted. 3.RENT: No rent or any additional consideration is due to or from either party. 4.ASSIGNMENT AND SUBLETTING: Lessee shall make no unlawful, improper, or offensive use of the property; nor assign or sublet any part of said property without the written consent of the Lessor; and Lessee shall quit and deliver up said property at the end of said term in as good condition as they were at the beginning of said term, excepting only ordinary wear, decay, and damage by the elements. 5.DONATION NATURE OF AGREEMENT: Lessor is donating the temporary use of the property under this Agreement, and the donation will be recorded through the Lessee's procedures. Lessor will establish an approximate value of the donation for this purpose. 6.MAINTENANCE AND REPAIRS: n/a. 7.AMENDMENT OR CANCELLATION: Any amendment must be in writing and signed by both parties. Any cancellation must be in writing and hand-delivered to or faxed to a party signatory. Page 305 of 719 3 8.LESSOR'S ACCESS TO PREMISES: Lessor reserves the right to remain on the property at all times during this Agreement. 9.SCOPE OF USE: Lessee is entitled to quiet enjoyment of the property and shall not be evicted or disturbed while in possession of the property so long as Lessee complies with the terms of this Agreement. Lessee shall be entitled to conduct its legal business on the property in its exclusive discretion during the life of this Agreement. 10.UTILITIES: Lessor shall be responsible for all property utilities and related charges, including charges for water, sewage, and trash pick-up during the term of this Agreement. Lessee will be responsible for the removal of bio-hazard waste or any waste that does not meet the City of Crestview's minimum requirements as state in the Solid Waste Ordinance. 11.INSURANCE. At all times, Lessor is responsible for the insurance of the property for its use under this Agreement. Lessee, a state agency or subdivision, is self-insured through the State of Florida Risk Management Trust Fund, established pursuant to Section 284.30, Florida Statutes, and administered by the State of Florida, Department of Financial Services. Lessee certifies that it maintains and agrees to continue to maintain during the term this Agreement, general liability protection coverage through the Risk Management Trust Fund, and that this protection extends to the Department of Health, its officers, employees, and agents, and covers statutory liability exposure to the limitations described in Section 768.28, Florida Statutes. Lessee will convey a copy of its current Certificate of Coverage upon request. 12.CONFIDENTIALITY. The parties shall maintain confidentiality of all protected health information, including client records, related to the services provided pursuant to this Agreement, in compliance with all applicable state and federal laws, rules and regulations. 13.INDEPENDENT STATUS. No relationship of employer/employee, principal/agent, or other association shall be created by this agreement between the parties or their directors, officers, agents or employees. The parties agree that they will never act or represent that they are acting as an agent of the other or incur any obligations on the part of the other party. 14.AUTHORITY: The signatories below possess authority to enter into this Agreement on behalf of their principals. This Agreement is effective on the date of the last signature on the Agreement, and no amendments or side agreements exist except as provided in paragraph 7 above. 15.This Agreement is made and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws, rules, and regulations of the State of Florida. Venue shall lie in Okaloosa County, Florida. Page 306 of 719 4 16.Notices All notices under the Contract shall be in writing and shall be effective when mailed by certified mail, return receipt requested, or when delivered personally, as provided hereafter, or to such other addresses as may be designated by notice: As to the City: As to the Contractor: Maryanne Schrader City Clerk 198 Wilson Street North Crestview, Florida 32536 Approved this ______ day of _________ 2022. CITY OF CRESTVIEW STATE OF FLORIDA DEPARTMENT OF HEALTH ________________________ _________________________ J. B. Whitten, Mayor Elizabeth Smith, Administrator Date Date _____________________________ Maryanne Schrader, City Clerk ____________________ ____________________ ____________________ ____________________ Page 307 of 719 CITY OF CRESTVIEW Item # 8.1. Staff Report PLANNING AND DEVELOPMENT BOARD MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Ordinance TO: Planning and Development Board CC: City Manager and City Attorney FROM: Community Development Services DATE: 8/4/2022 SUBJECT: Ordinance 1882 - Export Road Annexation BACKGROUND: On June 3, 2022, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located on Export Road. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Mixed Use. The Planning and Development Board recommended approval of the request on August 1st, 2022, with a request that the adjoining property owners are advised of what the development is going to be so that they can voice their concerns about the proposed development when an application for a development order is made. Staff is able, at the discretion of the Community Development Services director, to send out courtesy notices above and beyond the property posting that is required for development orders by the LDC. Staff is also able, at the discretion of the CDS director, to send a development order application to the Planning Board for approval or for recommendation to City Council for approval. In the LDC, the Planning Board is not granted the power to require staff to perform functions above and beyond those functions contained in the LDC, unless that power is specifically imposed or delegated by the City Council. The City Attorney also addressed the Planning Board when the motion for approval was made, to remind the board that for annexations the board conducts the first public hearing but otherwise it is a recommending board to the City Council rather than having the ability to place restrictions or conditions on approvals. DISCUSSION: The property description is as follows: Property Owner: Smith Tiffany P 650 West James Lee Blvd Suite 12 Crestview, FL 32536 Parcel ID: 32-3N-23-0000-0040-0010 Site Size: 2.02 acres Current FLU: Okaloosa County Mixed Use Current Zoning: Okaloosa County Mixed Use Current Land Use: Vacant Page 308 of 719 The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Commercial (C) Commercial High-Intensity District (C-2) Vacant East Okaloosa County Mixed Use Okaloosa County Mixed Use Vacant South Okaloosa County Mixed Use Okaloosa County Mixed Use Vacant West Okaloosa County Mixed Use Okaloosa County Mixed Use Commercial The subject property is currently undeveloped, and a development application has not been submitted. Based on the requested land-use and zoning designations, the property can be developed for commercial use. Staff has reviewed the application based on the criteria detailed in Florida statute 171.043 for annexations and finds the following: - The property is contiguous to the city limits; - The property is comprised of one (1) lot in unincorporated Okaloosa County, and is therefore considered compact; - The annexation of the property would not create an enclave - The subject property is not included in the boundary of another municipality; and, - The subject property meets the definition of urban purposes. Courtesy notices were mailed to property owners within 300 feet of the subject property on July 7, 2022. A letter was sent via certified mail to the Okaloosa Board of County Commissioners on July 7, 2022. The property was posted on July 18, 2022. An advertisement ran in the Crestview News Bulletin on July 14 and 21, 2022. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational – these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability – Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest quality of public services. Quality of Life – these six areas focus on the overall experience when provided by the city. Community Character – Promote desirable growth with a hometown atmosphere. Opportunity – Promote an environment that encourages economic and educational opportunity. Community Culture – Develop a specific identity for Crestview. FINANCIAL IMPACT The fees for annexation have been waived for this application as it was received during the moratorium on annexation fees. The cost of advertising was $544.50. Page 309 of 719 The successful annexation of this property will have positive future impacts, including ad valorem revenue based on future taxable assessed value, development and building permit fees, and utility usage fees. RECOMMENDED ACTION Staff respectfully requests that the council move Ordinance 1882 to second reading for adoption. Attachments 1. Exhibit Packet Page 310 of 719 ORDINANCE: 1882 AN ORDINANCE ANNEXING TO THE CITY OF CRESTVIEW, FLORIDA, ± 2.02 ACRES OF CONTIGUOUS LANDS LOCATED IN SECTION 32, 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 # 32-3N-23-0000-0040-0010 (Deed recorded in Book 2960, page 4200, dated November 16, 2020) Begin at the Southwest corner of the Southwest Quarter of the Northeast Quarter, Section 32, Township 3 North, Range 23 West, run North 120 feet to Point of Beginning of tract herein conveyed, thence continue North 105 feet, thence run East 420 feet, thence run South 105 feet, thence run West 420 feet to Point of Beginning, Less and except any road right of way of record, situated, lying and being in Okaloosa County, Florida. Subject to Oil, Gas & Mineral Reservations of record and reflected below: Mineral Deed to Conrad Lambert, conveying an undivided one half (½) interest to Minerals, as recorded in Deed Book 45, Page 114, records of Okaloosa County, Florida. 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 Page 311 of 719 use category for the parcel, with a zoning designation 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 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 22nd day of August, 2022. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 22nd day of August, 2022. ______________________________________ J. B. Whitten Mayor Page 312 of 719 Page 313 of 719 I-10 S FERDON BLVDP J ADAMS PKWY I-10 S FERDON BLVD Vicinity Map ¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET Not to Scale Subject Parcel(s) Page 314 of 719 HUGO LN S FERDON BLVD EXPORT RD MEADOW LAKE DRRIVERWOOD DR S FERDON BLVD Existing Use¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 300150 Feet Legend Subject Parcel City Limits Existing Use Bowling/RecCommunityHotels andImproved AMulti-FamilyNo AG AcreOffice BuildingRes CommonRestaurantRights-of-waySingle FamilyStoresVacantVacant CommercialVehicle SaleWarehouse Page 315 of 719 HUGO LN S FERDON BLVD EXPORT RD MEADOW LAKE DRRIVERWOOD DR S FERDON BLVD CurrentFuture Land Use¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 300150 Feet Legend Subject Parcel City Limits City Future Land Use Commercial (C)Industrial (IN)Mixed Use (MU)Conservation (CON)Public Lands (PL)Residential (R) County Future Land Use Low Density Residential (LDR)Mixed Use (MU) Page 316 of 719 HUGO LN S FERDON BLVD EXPORT RD MEADOW LAKE DRRIVERWOOD DR S FERDON BLVD CurrentZoning¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 300150 Feet Legend Subject Parcel City Limits City Z oning Single Fa mily Estate Dwelling District (R-1E)Single Fa mily Low Density District (R-1) Single Fa mily Med ium Density District (R-2)Single and Multi-Family Dwelling District(R-3)Mixed Use (MU) Com mercial (C-1) Com mercial (C-2)Industria l (IN) Pub lic Lands (P)Conservation (E) County Zoning Residentia l - 1 (R-1) Mixed Use (MU) Page 317 of 719 HUGO LN S FERDON BLVD EXPORT RD MEADOW LAKE DRRIVERWOOD DR S FERDON BLVD ProposedFuture Land Use ¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 300150 Feet Legend Subject Parcel City Lim its City Futur e Land Use Com me rcia l (C)Industrial (IN) Mixed U se (MU)Conservation (CON) Public La nd s (PL)Residential (R) County Future Land Use Low D ensity Residential (LDR) Mixed U se (MU) Page 318 of 719 HUGO LN S FERDON BLVD EXPORT RD MEADOW LAKE DRRIVERWOOD DR S FERDON BLVD ProposedZoning¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 300150 Feet Legend Subject Parcel City Limits City Zoning Single Family Estate Dwelling District (R-1E)Single Family Low D en sity District (R-1)Single Family Mediu m Density District (R-2)Single and Multi-Family Dwelling D istrict(R-3)Mixed U se (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E) County Zoning Residential - 1 (R-1)Mixed U se (MU) Page 319 of 719 CITY OF CRESTVIEW Item # 8.2. Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Ordinance TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director DATE: 8/3/2022 SUBJECT: Ordinance 1883 - Export Road Comprehensive Plan Amendment BACKGROUND: On June 3, 2022, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located on Export Road. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Mixed Use. The application requests the Commercial (C) future land use designation for the property. The Planning and Development Board recommended approval of the request on August 1, 2022. DISCUSSION: The property description is as follows: Property Owner: Smith Tiffany P 650 West James Lee Blvd Suite 12 Crestview, FL 32536 Parcel ID: 32-3N-23-0000-0040-0010 Site Size: 2.02 acres Current FLU: Okaloosa County Mixed Use Current Zoning: Okaloosa County Mixed Use Current Land Use: Vacant The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Commercial (C) Commercial High-Intensity District (C-2) Vacant East Okaloosa County Mixed Use Okaloosa County Mixed Use Vacant South Okaloosa County Mixed Use Okaloosa County Mixed Use Vacant West Okaloosa County Mixed Use Okaloosa County Mixed Use Commercial Page 320 of 719 The subject property is currently undeveloped, and a development application has not been submitted. Based on the requested land-use and zoning designations, the property can be developed for commercial use. Staff reviewed the request for a comprehensive plan amendment and finds the following: - The proposed future land use map designation is compatible with the surrounding area. - The proposed future land use map designation is consistent with the city’s comprehensive plan and land development code. - The process for adoption of the future land use map amendment follows all requirements of Florida statute sections 163.3184 (3) and (5). - The proposed amendment does not involve a text change to goals, policies, and objectives of the comprehensive plan. It only proposes a land use change to the future land use map for a site- specific small-scale development. - The subject property is not located within an area of critical state concern. Courtesy notices were mailed to property owners within 300 feet of the subject property on July 7, 2022. The property was posted on July 18, 2022. An advertisement ran in the Crestview News Bulletin on July 14 and 21, 2022. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational – these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability – Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest quality of public services. Quality of Life – these six areas focus on the overall experience when provided by the city. Community Character – Promote desirable growth with a hometown atmosphere. Opportunity – Promote an environment that encourages economic and educational opportunity. Community Culture – Develop a specific identity for Crestview. FINANCIAL IMPACT The fees for the comprehensive plan amendment have been waived for this application as it was received during the moratorium on annexation fees. There is no additional cost of advertising as the comprehensive plan amendment request was included in the advertisement for annexation. RECOMMENDED ACTION Staff respectfully requests that the council move Ordinance 1883 to second reading for adoption. Attachments 1. Exhibit Packet Page 321 of 719 ORDINANCE: 1883 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, AMENDING ITS ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PURPOSE; PROVIDING FOR CHANGING THE FUTURE LAND USE DESIGNATION FROM OKALOOSA COUNTY MIXED USE TO COMMERCIAL (C) ON APPROXIMATELY 2.02 ACRES, MORE OR LESS, IN SECTION 32, TOWNSHIP 3 NORTH, RANGE 23 WEST; PROVIDING FOR FUTURE LAND USE MAP AMENDMENT; 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 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 – FINDINGS OF FACT. The City Council of the City of Crestview finds the following: A. This amendment will promote compact, orderly development and discourage urban sprawl; and B. 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 C. A public hearing has been conducted by the City Council after "due public notice"; and D. This amendment involves changing the future land use designation from Okaloosa County Mixed Use to Commercial (C) on a parcel of land containing 2.02 acres, more or less, lying within the corporate limits of the City; and E. This amendment is consistent with the adopted Comprehensive Plan and is in the best interests of the City and its citizens. SECTION 3 – PURPOSE. The purpose of this Ordinance is to adopt an amendment to the "City of Crestview Comprehensive Plan: 2020." The amendment is described in Section 4 below. SECTION 4 – FUTURE LAND USE MAP AMENDMENT. The Future Land Use Map is amended by changing the future land use category of a parcel containing approximately 2.02 acres of land, more or less, from Okaloosa County Mixed use to Commercial (C). For the purposes of this Ordinance and Comprehensive Plan Amendment, the 2.02 acres, more or less, is known as Parcel 32-3N-23-0000-0040-0010 and commonly described as: Begin at the Southwest corner of the Southwest Quarter of the Northeast Quarter, Section 32, Township 3 North, Range 23 West, run North 120 feet to Point of Beginning of tract herein conveyed, thence continue North 105 feet, thence run East 420 feet, thence run South 105 feet, thence run West 420 feet to Point of Beginning, Less and except any road right of way of record, situated, lying and being in Okaloosa County, Florida. Subject to Oil, Gas & Mineral Reservations of record and reflected below: Page 322 of 719 Mineral Deed to Conrad Lambert, conveying an undivided one half (½) interest to Minerals, as recorded in Deed Book 45, Page 114, records of Okaloosa County, Florida. The Commercial (C) Future Land Use Category is hereby imposed on Parcel 32-3N-23-0000-0040-0010. Exhibit A, which is attached hereto and made a part hereof by reference, graphically depicts the revisions to the Future Land Use Map and shows Parcel 32-3N-23-0000-0040-0010 thereon. SECTION 5 – 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 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 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 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 by the City Council of Crestview, Florida on the 22nd day of August, 2022. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 22nd day of August, 2022. ______________________________________ J. B. Whitten Mayor Page 323 of 719 Page 324 of 719 I-10 S FERDON BLVDP J ADAMS PKWY I-10 S FERDON BLVD Vicinity Map ¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET Not to Scale Subject Parcel(s) Page 325 of 719 HUGO LN S FERDON BLVD EXPORT RD MEADOW LAKE DRRIVERWOOD DR S FERDON BLVD Existing Use¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 300150 Feet Legend Subject Parcel City Limits Existing Use Bowling/RecCommunityHotels andImproved AMulti-FamilyNo AG AcreOffice BuildingRes CommonRestaurantRights-of-waySingle FamilyStoresVacantVacant CommercialVehicle SaleWarehouse Page 326 of 719 HUGO LN S FERDON BLVD EXPORT RD MEADOW LAKE DRRIVERWOOD DR S FERDON BLVD CurrentFuture Land Use¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 300150 Feet Legend Subject Parcel City Limits City Future Land Use Commercial (C)Industrial (IN)Mixed Use (MU)Conservation (CON)Public Lands (PL)Residential (R) County Future Land Use Low Density Residential (LDR)Mixed Use (MU) Page 327 of 719 HUGO LN S FERDON BLVD EXPORT RD MEADOW LAKE DRRIVERWOOD DR S FERDON BLVD CurrentZoning¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 300150 Feet Legend Subject Parcel City Limits City Z oning Single Fa mily Estate Dwelling District (R-1E)Single Fa mily Low Density District (R-1) Single Fa mily Med ium Density District (R-2)Single and Multi-Family Dwelling District(R-3)Mixed Use (MU) Com mercial (C-1) Com mercial (C-2)Industria l (IN) Pub lic Lands (P)Conservation (E) County Zoning Residentia l - 1 (R-1) Mixed Use (MU) Page 328 of 719 HUGO LN S FERDON BLVD EXPORT RD MEADOW LAKE DRRIVERWOOD DR S FERDON BLVD ProposedFuture Land Use ¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 300150 Feet Legend Subject Parcel City Lim its City Futur e Land Use Com me rcia l (C)Industrial (IN) Mixed U se (MU)Conservation (CON) Public La nd s (PL)Residential (R) County Future Land Use Low D ensity Residential (LDR) Mixed U se (MU) Page 329 of 719 HUGO LN S FERDON BLVD EXPORT RD MEADOW LAKE DRRIVERWOOD DR S FERDON BLVD ProposedZoning¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 300150 Feet Legend Subject Parcel City Limits City Zoning Single Family Estate Dwelling District (R-1E)Single Family Low D en sity District (R-1)Single Family Mediu m Density District (R-2)Single and Multi-Family Dwelling D istrict(R-3)Mixed U se (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E) County Zoning Residential - 1 (R-1)Mixed U se (MU) Page 330 of 719 CITY OF CRESTVIEW Item # 8.3. Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Ordinance TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director DATE: 8/3/2022 SUBJECT: Ordinance 1884 - Export Road Rezoning BACKGROUND: On June 3, 2022, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located on Export Road. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Mixed Use. The application requests the Commercial Low-Intensity District (C-1) zoning designation for the property. The Planning and Development Board recommended approval of the request on August 1, 2022. DISCUSSION: The property description is as follows: Property Owner: Smith Tiffany P 650 West James Lee Blvd Suite 12 Crestview, FL 32536 Parcel ID: 32-3N-23-0000-0040-0010 Site Size: 2.02 acres Current FLU: Okaloosa County Mixed Use Current Zoning: Okaloosa County Mixed Use Current Land Use: Vacant The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Commercial (C) Commercial High-Intensity District (C-2) Vacant East Okaloosa County Mixed Use Okaloosa County Mixed Use Vacant South Okaloosa County Mixed Use Okaloosa County Mixed Use Vacant West Okaloosa County Mixed Use Okaloosa County Mixed Use Commercial Page 331 of 719 The subject property is currently undeveloped, and a development application has not been submitted. Based on the requested land-use and zoning designations, the property can be developed for commercial use. Staff reviewed the request for rezoning and finds the following: - The proposed zoning is consistent with the proposed future land use designation. - The uses within the requested zoning district are compatible with uses in the adjacent zoning districts. - The requested use is not substantially more or less intense than allowable development on adjacent parcels. Courtesy notices were mailed to property owners within 300 feet of the subject property on July 7, 2022. The property was posted on July 18, 2022. An advertisement ran in the Crestview News Bulletin on July 14 and 21, 2022. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational – these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability – Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest quality of public services. Quality of Life – these six areas focus on the overall experience when provided by the city. Community Character – Promote desirable growth with a hometown atmosphere. Opportunity – Promote an environment that encourages economic and educational opportunity. Community Culture – Develop a specific identity for Crestview. FINANCIAL IMPACT The fees for the rezoning request have been waived for this application as it was received during the moratorium on annexation fees. There is no additional cost of advertising as the rezoning request was included in the advertisement for annexation. RECOMMENDED ACTION Staff respectfully requests that the council move Ordinance 1884 to second reading for adoption. Attachments 1. Exhibit Packet Page 332 of 719 ORDINANCE: 1884 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR THE REZONING OF 2.02 ACRES, MORE OR LESS, OF REAL PROPERTY, LOCATED IN SECTION 32, TOWNSHIP 3 NORTH, RANGE 23 WEST, FROM THE OKALOOSA COUNTY MIXED USE ZONING DISTRICT TO THE COMMERCIAL LOW-INTENSITY DISTRICT (C-1) ZONING DISTRICT; PROVIDING FOR AUTHORITY; PROVIDING FOR THE UPDATING OF THE CRESTVIEW ZONING MAP; 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 Section 166.041, Florida Statutes and Chapter 102, City Code. SECTION 2 – PROPERTY REZONED. The following described 2.02 acres, more or less, of real property lying within the corporate limits of Crestview, Florida, with 2.02 acres, more or less, being formerly zoned Okaloosa County Mixed Use with the Commercial (C) Future Land Use Map designation recently ratified by the City Council through adoption of Ordinance 1883, is hereby rezoned to Commercial Low-Intensity District (C- 1) to wit: PIN # 32-3N-23-0000-0040-0010 Begin at the Southwest corner of the Southwest Quarter of the Northeast Quarter, Section 32, Township 3 North, Range 23 West, run North 120 feet to Point of Beginning of tract herein conveyed, thence continue North 105 feet, thence run East 420 feet, thence run South 105 feet, thence run West 420 feet to Point of Beginning, Less and except any road right of way of record, situated, lying and being in Okaloosa County, Florida. Subject to Oil, Gas & Mineral Reservations of record and reflected below: Mineral Deed to Conrad Lambert, conveying an undivided one half (½) interest to Minerals, as recorded in Deed Book 45, Page 114, records of Okaloosa County, Florida. SECTION 3 – MAP UPDATE. The Crestview Zoning Map, current edition, is hereby amended to reflect the above changes concurrent with passage of this ordinance, which is attached hereto. 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 – 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. Page 333 of 719 SECTION 6 – 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 7 – 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 8 – EFFECTIVE DATE. The effective date of this Ordinance shall be the date Comprehensive Plan Amendment is adopted by Ordinance # 1883 and becomes legally effective. Passed and adopted on second reading by the City Council of Crestview, Florida on the 22nd day of August, 2022. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 22nd day of August, 2022. ______________________________________ J. B. Whitten Mayor Page 334 of 719 Page 335 of 719 I-10 S FERDON BLVDP J ADAMS PKWY I-10 S FERDON BLVD Vicinity Map ¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET Not to Scale Subject Parcel(s) Page 336 of 719 HUGO LN S FERDON BLVD EXPORT RD MEADOW LAKE DRRIVERWOOD DR S FERDON BLVD Existing Use¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 300150 Feet Legend Subject Parcel City Limits Existing Use Bowling/RecCommunityHotels andImproved AMulti-FamilyNo AG AcreOffice BuildingRes CommonRestaurantRights-of-waySingle FamilyStoresVacantVacant CommercialVehicle SaleWarehouse Page 337 of 719 HUGO LN S FERDON BLVD EXPORT RD MEADOW LAKE DRRIVERWOOD DR S FERDON BLVD CurrentFuture Land Use¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 300150 Feet Legend Subject Parcel City Limits City Future Land Use Commercial (C)Industrial (IN)Mixed Use (MU)Conservation (CON)Public Lands (PL)Residential (R) County Future Land Use Low Density Residential (LDR)Mixed Use (MU) Page 338 of 719 HUGO LN S FERDON BLVD EXPORT RD MEADOW LAKE DRRIVERWOOD DR S FERDON BLVD CurrentZoning¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 300150 Feet Legend Subject Parcel City Limits City Z oning Single Fa mily Estate Dwelling District (R-1E)Single Fa mily Low Density District (R-1) Single Fa mily Med ium Density District (R-2)Single and Multi-Family Dwelling District(R-3)Mixed Use (MU) Com mercial (C-1) Com mercial (C-2)Industria l (IN) Pub lic Lands (P)Conservation (E) County Zoning Residentia l - 1 (R-1) Mixed Use (MU) Page 339 of 719 HUGO LN S FERDON BLVD EXPORT RD MEADOW LAKE DRRIVERWOOD DR S FERDON BLVD ProposedFuture Land Use ¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 300150 Feet Legend Subject Parcel City Lim its City Futur e Land Use Com me rcia l (C)Industrial (IN) Mixed U se (MU)Conservation (CON) Public La nd s (PL)Residential (R) County Future Land Use Low D ensity Residential (LDR) Mixed U se (MU) Page 340 of 719 HUGO LN S FERDON BLVD EXPORT RD MEADOW LAKE DRRIVERWOOD DR S FERDON BLVD ProposedZoning¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 300150 Feet Legend Subject Parcel City Limits City Zoning Single Family Estate Dwelling District (R-1E)Single Family Low D en sity District (R-1)Single Family Mediu m Density District (R-2)Single and Multi-Family Dwelling D istrict(R-3)Mixed U se (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E) County Zoning Residential - 1 (R-1)Mixed U se (MU) Page 341 of 719 CITY OF CRESTVIEW Item # 8.4. Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Ordinance TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director DATE: 8/3/2022 SUBJECT: Ordinance 1885 - Airport Road Annexation BACKGROUND: On June 13, 2022, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located at 2906 Airport Road. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Low Density Residential and Residential-1, respectively. The Planning and Development Board recommended approval of the request on August 1, 2022. DISCUSSION: The property description is as follows: Property Owner: Trimcor LLC 3517 Retail Dr Phenix City, AL 36869 Parcel ID: 04-3N-23-0000-0016-0000 Site Size: 9.62 acres Current FLU: Okaloosa County Low Density Residential Current Zoning: Okaloosa County Residential-1 Current Land Use: Residential The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Okaloosa County Low Density Residential Okaloosa County Residential-1 Residential East Okaloosa County Low Density Residential Okaloosa County Residential-1 Residential South Okaloosa County Low Density Residential Okaloosa County Residential-1 Vacant West Okaloosa County Mixed Use and Commercial (C) Okaloosa County Mixed Use and Commercial Low-Intensity District (C-1) Residential & Vacant Page 342 of 719 The subject property is currently developed for residential use and a development application has not been submitted. Based on the requested land-use and zoning designations, the property use could continue as a residential use or be developed for low intensity commercial use. Staff has reviewed the application based on the criteria detailed in Florida statute 171.043 for annexations and finds the following: - The property is contiguous to the city limits; - The property is comprised of one (1) lot in unincorporated Okaloosa County, and is therefore considered compact; - The annexation of the property would not create an enclave - The subject property is not included in the boundary of another municipality; and, - The subject property meets the definition of urban purposes. Courtesy notices were mailed to property owners within 300 feet of the subject property on July 7, 2022. A letter was sent via certified mail to the Okaloosa Board of County Commissioners on July 7, 2022. The property was posted on July 18, 2022. An advertisement ran in the Crestview News Bulletin on July 14 and 21, 2022. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational – these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability – Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest quality of public services. Quality of Life – these six areas focus on the overall experience when provided by the city. Community Character – Promote desirable growth with a hometown atmosphere. Opportunity – Promote an environment that encourages economic and educational opportunity. Community Culture – Develop a specific identity for Crestview. FINANCIAL IMPACT The fees for annexation have been waived for this application as it was received during the moratorium on annexation fees. The cost of advertising was $544.50. The successful annexation of this property will have positive future impacts, including ad valorem revenue based on future taxable assessed value, development and building permit fees, and utility usage fees. RECOMMENDED ACTION Staff respectfully requests that the council move Ordinance 1885 to second reading for adoption. Attachments 1. Exhibit Packet Page 343 of 719 ORDINANCE: 1885 AN ORDINANCE ANNEXING TO THE CITY OF CRESTVIEW, FLORIDA, ± 9.62 ACRES OF CONTIGUOUS LANDS LOCATED IN SECTION 4, 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 # 04-3N-23-0000-0016-0000 (Deed recorded in Book 3626, page 2828, dated June 7, 2022) A Parcel of land situated in the Northwest 1/4 of the Northeast 1/4 of Section 4, Township 3 North, Range 23 West, Okaloosa County, Florida and being more particularly described as follows. Commencing at a PK nail marking the Northwest comer of the Northeast 1/4 of said Section 4; thence South 01 degrees 49 minutes 03 seconds East a distance of 34.87 feet to a 5/8 inch rebar #7237 and the South right of way of Airport Road and the Point of Beginning; thence along said South right of way South 87 degrees 52 minutes 56 seconds East a distance of 325.66 feet to a 1/2 inch rebar #8113; thence departing said South right of way South 01 degrees 54 minutes 45 seconds West a distance of 16.52 feet to a 1/2 inch rebar #8113; thence South 01 degrees 54 minutes 45 seconds West a distance of 150.07 feet to a 5/8 inch rebar (BENT); thence South 01 degrees 56 minutes 50 seconds West a distance of 1,120.53 feet to a 1/2 inch rebar #4419; thence North 87 degrees 52 minutes 10 seconds West a distance of 323.41 feet to a 1/2 inch rebar #8113; thence North 01 degrees 50 minutes 48 seconds East a distance of 690.08 feet to a 5/8 inch rebar #5024; thence North 01 degrees 50 minutes 18 seconds East a distance of 596.99 feet to the Point of Beginning. 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 Page 344 of 719 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, with a zoning designation 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 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 22nd day of August, 2022. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 22nd day of August, 2022. ______________________________________ J. B. Whitten Mayor Page 345 of 719 Page 346 of 719 AIRPORT RD HWY 85 N N FERDON BLVD OLD BETHEL RD HWY 85 N N FERDON BLVD Vicinity Map ¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET Not to Scale Subject Parcel(s) Page 347 of 719 AIRPORT RD FARMER ST REINKE DR HOUSTON LN FLORA LEE LN H U N T E R D R PEAR ORCHARD BLVD BORDER CREEK RDM O S L E Y L N N Existing Use¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 400200 Feet Legend Subject Parcel City Limits Existing Use ChurchesHolding PondMunicipalNo AG AcreRes CommonRights-of-wayRivers andSingle FamilySupermarketVacant Page 348 of 719 AIRPORT RD FARMER ST REINKE DR HOUSTON LN FLORA LEE LN H U N T E R D R PEAR ORCHARD BLVD BORDER CREEK RDM O S L E Y L N N CurrentFuture Land Use¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 400200 Feet Legend Subject Parcel City Limits City Future Land Use Commercial (C)Industrial (IN)Mixed Use (MU)Conservation (CON)Public Lands (PL)Residential (R) County Future Land Use Low Density Residential (LDR)Mixed Use (MU) Page 349 of 719 AIRPORT RD FARMER ST REINKE DR HOUSTON LN FLORA LEE LN H U N T E R D R PEAR ORCHARD BLVD BORDER CREEK RDM O S L E Y L N N CurrentZoning¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 400200 Feet Legend Subject Parcel City Limits City Z oning Single Fa mily Estate Dwelling District (R-1E)Single Fa mily Low Density District (R-1) Single Fa mily Med ium Density District (R-2)Single and Multi-Family Dwelling District(R-3)Mixed Use (MU) Com mercial (C-1) Com mercial (C-2)Industria l (IN) Pub lic Lands (P)Conservation (E) County Zoning Residentia l - 1 (R-1) Mixed Use (MU) Page 350 of 719 AIRPORT RD FARMER ST REINKE DR HOUSTON LN FLORA LEE LN H U N T E R D R PEAR ORCHARD BLVD BORDER CREEK RDM O S L E Y L N N ProposedFuture Land Use ¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 400200 Feet Legend Subject Parcel City Lim its City Futur e Land Use Com me rcia l (C) Industrial (IN)Mixed U se (MU)Conservation (CON) Public La nd s (PL)Residential (R) County Future Land Use Low D ensity Residential (LDR) Mixed U se (MU) Page 351 of 719 AIRPORT RD FARMER ST REINKE DR HOUSTON LN FLORA LEE LN H U N T E R D R PEAR ORCHARD BLVD BORDER CREEK RDM O S L E Y L N N ProposedZoning¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 400200 Feet Legend Subject Parcel City Limits City Zoning Single Family Estate Dwelling District (R-1E)Single Family Low D en sity District (R-1)Single Family Mediu m Density District (R-2)Single and Multi-Family Dwelling D istrict(R-3)Mixed U se (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E) County Zoning Residential - 1 (R-1)Mixed U se (MU) Page 352 of 719 CITY OF CRESTVIEW Item # 8.5. Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Ordinance TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director DATE: 8/3/2022 SUBJECT: Ordinance 1886 - Airport Road Comprehensive Plan Amendment BACKGROUND: On June 13, 2022, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located at 2906 Airport Road. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Low Density Residential and Residential-1, respectively. The application requests the Mixed Use future land use designation for the property. The Planning and Development Board recommended approval of the request on August 1, 2022. DISCUSSION: The property description is as follows: Property Owner: Trimcor LLC 3517 Retail Dr Phenix City, AL 36869 Parcel ID: 04-3N-23-0000-0016-0000 Site Size: 9.62 acres Current FLU: Okaloosa County Low Density Residential Current Zoning: Okaloosa County Residential-1 Current Land Use: Residential The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Okaloosa County Low Density Residential Okaloosa County Residential-1 Residential East Okaloosa County Low Density Residential Okaloosa County Residential-1 Residential South Okaloosa County Low Density Residential Okaloosa County Residential-1 Vacant West Okaloosa County Mixed Use and Commercial (C) Okaloosa County Mixed Use and Commercial Low-Intensity District (C-1) Residential & Vacant Page 353 of 719 The subject property is currently developed for residential use and a development application has not been submitted. Based on the requested land-use and zoning designations, the property use could continue as a residential use or be developed for low intensity commercial use. Staff reviewed the request for a comprehensive plan amendment and finds the following: - The proposed future land use map designation is compatible with the surrounding area. - The proposed future land use map designation is consistent with the city’s comprehensive plan and land development code. - The process for adoption of the future land use map amendment follows all requirements of Florida statute sections 163.3184 (3) and (5). - The proposed amendment does not involve a text change to goals, policies, and objectives of the comprehensive plan. It only proposes a land use change to the future land use map for a site- specific small-scale development. - The subject property is not located within an area of critical state concern. Courtesy notices were mailed to property owners within 300 feet of the subject property on July 7, 2022. The property was posted on July 18, 2022. An advertisement ran in the Crestview News Bulletin on July 14 and 21, 2022. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational – these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability – Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest quality of public services. Quality of Life – these six areas focus on the overall experience when provided by the city. Community Character – Promote desirable growth with a hometown atmosphere. Opportunity – Promote an environment that encourages economic and educational opportunity. Community Culture – Develop a specific identity for Crestview. FINANCIAL IMPACT The fees for the comprehensive plan amendment have been waived for this application as it was received during the moratorium on annexation fees. There is no additional cost of advertising as the comprehensive plan amendment request was included in the advertisement for annexation. RECOMMENDED ACTION Staff respectfully requests that the council move Ordinance 1886 to second reading for adoption. Attachments 1. Exhibit Packet Page 354 of 719 ORDINANCE: 1886 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, AMENDING ITS ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PURPOSE; PROVIDING FOR CHANGING THE FUTURE LAND USE DESIGNATION FROM OKALOOSA COUNTY LOW DENSITY RESIDENTIAL TO MIXED USE (MU) ON APPROXIMATELY 9.62 ACRES, MORE OR LESS, IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST; PROVIDING FOR FUTURE LAND USE MAP AMENDMENT; 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 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 – FINDINGS OF FACT. The City Council of the City of Crestview finds the following: A. This amendment will promote compact, orderly development and discourage urban sprawl; and B. 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 C. A public hearing has been conducted by the City Council after "due public notice"; and D. This amendment involves changing the future land use designation from Okaloosa County Low Density Residential to Mixed Use (MU) on a parcel of land containing 9.62 acres, more or less, lying within the corporate limits of the City; and E. This amendment is consistent with the adopted Comprehensive Plan and is in the best interests of the City and its citizens. SECTION 3 – PURPOSE. The purpose of this Ordinance is to adopt an amendment to the "City of Crestview Comprehensive Plan: 2020." The amendment is described in Section 4 below. SECTION 4 – FUTURE LAND USE MAP AMENDMENT. The Future Land Use Map is amended by changing the future land use category of a parcel containing approximately 9.62 acres of land, more or less, from Okaloosa County Low Density Residential to Mixed Use (MU). For the purposes of this Ordinance and Comprehensive Plan Amendment, the 9.62 acres, more or less, is known as Parcel 04-3N-23-0000-0016-0000 and commonly described as: A Parcel of land situated in the Northwest 1/4 of the Northeast 1/4 of Section 4, Township 3 North, Range 23 West, Okaloosa County, Florida and being more particularly described as follows. Commencing at a PK nail marking the Northwest comer of the Northeast 1/4 of said Section 4; thence South 01 degrees 49 minutes 03 seconds East a distance of 34.87 feet to a 5/8 inch rebar #7237 and the South right of way of Airport Road and the Point of Beginning; thence along said South right of way South 87 degrees 52 minutes 56 seconds East a distance of 325.66 feet to a 1/2 inch rebar #8113; thence departing said South right of way South 01 degrees 54 minutes 45 seconds Page 355 of 719 West a distance of 16.52 feet to a 1/2 inch rebar #8113; thence South 01 degrees 54 minutes 45 seconds West a distance of 150.07 feet to a 5/8 inch rebar (BENT); thence South 01 degrees 56 minutes 50 seconds West a distance of 1,120.53 feet to a 1/2 inch rebar #4419; thence North 87 degrees 52 minutes 10 seconds West a distance of 323.41 feet to a 1/2 inch rebar #8113; thence North 01 degrees 50 minutes 48 seconds East a distance of 690.08 feet to a 5/8 inch rebar #5024; thence North 01 degrees 50 minutes 18 seconds East a distance of 596.99 feet to the Point of Beginning. The Mixed Use (MU) Future Land Use Category is hereby imposed on Parcel 04-3N-23-0000-0016-0000. Exhibit A, which is attached hereto and made a part hereof by reference, graphically depicts the revisions to the Future Land Use Map and shows Parcel 04-3N-23-0000-0016-0000 thereon. SECTION 5 – 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 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 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 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 by the City Council of Crestview, Florida on the 22nd day of August, 2022. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 22nd day of August, 2022. ______________________________________ J. B. Whitten Mayor Page 356 of 719 Page 357 of 719 AIRPORT RD HWY 85 N N FERDON BLVD OLD BETHEL RD HWY 85 N N FERDON BLVD Vicinity Map ¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET Not to Scale Subject Parcel(s) Page 358 of 719 AIRPORT RD FARMER ST REINKE DR HOUSTON LN FLORA LEE LN H U N T E R D R PEAR ORCHARD BLVD BORDER CREEK RDM O S L E Y L N N Existing Use¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 400200 Feet Legend Subject Parcel City Limits Existing Use ChurchesHolding PondMunicipalNo AG AcreRes CommonRights-of-wayRivers andSingle FamilySupermarketVacant Page 359 of 719 AIRPORT RD FARMER ST REINKE DR HOUSTON LN FLORA LEE LN H U N T E R D R PEAR ORCHARD BLVD BORDER CREEK RDM O S L E Y L N N CurrentFuture Land Use¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 400200 Feet Legend Subject Parcel City Limits City Future Land Use Commercial (C)Industrial (IN)Mixed Use (MU)Conservation (CON)Public Lands (PL)Residential (R) County Future Land Use Low Density Residential (LDR)Mixed Use (MU) Page 360 of 719 AIRPORT RD FARMER ST REINKE DR HOUSTON LN FLORA LEE LN H U N T E R D R PEAR ORCHARD BLVD BORDER CREEK RDM O S L E Y L N N CurrentZoning¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 400200 Feet Legend Subject Parcel City Limits City Z oning Single Fa mily Estate Dwelling District (R-1E)Single Fa mily Low Density District (R-1) Single Fa mily Med ium Density District (R-2)Single and Multi-Family Dwelling District(R-3)Mixed Use (MU) Com mercial (C-1) Com mercial (C-2)Industria l (IN) Pub lic Lands (P)Conservation (E) County Zoning Residentia l - 1 (R-1) Mixed Use (MU) Page 361 of 719 AIRPORT RD FARMER ST REINKE DR HOUSTON LN FLORA LEE LN H U N T E R D R PEAR ORCHARD BLVD BORDER CREEK RDM O S L E Y L N N ProposedFuture Land Use ¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 400200 Feet Legend Subject Parcel City Lim its City Futur e Land Use Com me rcia l (C) Industrial (IN)Mixed U se (MU)Conservation (CON) Public La nd s (PL)Residential (R) County Future Land Use Low D ensity Residential (LDR) Mixed U se (MU) Page 362 of 719 AIRPORT RD FARMER ST REINKE DR HOUSTON LN FLORA LEE LN H U N T E R D R PEAR ORCHARD BLVD BORDER CREEK RDM O S L E Y L N N ProposedZoning¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 400200 Feet Legend Subject Parcel City Limits City Zoning Single Family Estate Dwelling District (R-1E)Single Family Low D en sity District (R-1)Single Family Mediu m Density District (R-2)Single and Multi-Family Dwelling D istrict(R-3)Mixed U se (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E) County Zoning Residential - 1 (R-1)Mixed U se (MU) Page 363 of 719 CITY OF CRESTVIEW Item # 8.6. Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Ordinance TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director DATE: 8/3/2022 SUBJECT: Ordinance 1887 - Airport Road Rezoning BACKGROUND: On June 13, 2022, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located at 2906 Airport Road. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Low Density Residential and Residential-1, respectively. The application requests the Mixed Use zoning designation for the property. The Planning and Development Board recommended approval of the request on August 1, 2022. DISCUSSION: The property description is as follows: Property Owner: Trimcor LLC 3517 Retail Dr Phenix City, AL 36869 Parcel ID: 04-3N-23-0000-0016-0000 Site Size: 9.62 acres Current FLU: Okaloosa County Low Density Residential Current Zoning: Okaloosa County Residential-1 Current Land Use: Residential The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Okaloosa County Low Density Residential Okaloosa County Residential-1 Residential East Okaloosa County Low Density Residential Okaloosa County Residential-1 Residential South Okaloosa County Low Density Residential Okaloosa County Residential-1 Vacant West Okaloosa County Mixed Use and Commercial (C) Okaloosa County Mixed Use and Commercial Low-Intensity District (C-1) Residential & Vacant Page 364 of 719 The subject property is currently developed for residential use and a development application has not been submitted. Based on the requested land-use and zoning designations, the property use could continue as a residential use or be developed for low intensity commercial use. Staff reviewed the request for rezoning and finds the following: - The proposed zoning is consistent with the proposed future land use designation. - The uses within the requested zoning district are compatible with uses in the adjacent zoning districts. - The requested use is not substantially more or less intense than allowable development on adjacent parcels. Courtesy notices were mailed to property owners within 300 feet of the subject property on July 7, 2022. The property was posted on July 18, 2022. An advertisement ran in the Crestview News Bulletin on July 14 and 21, 2022. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational – these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability – Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest quality of public services. Quality of Life – these six areas focus on the overall experience when provided by the city. Community Character – Promote desirable growth with a hometown atmosphere. Opportunity – Promote an environment that encourages economic and educational opportunity. Community Culture – Develop a specific identity for Crestview. FINANCIAL IMPACT The fees for the rezoning request have been waived for this application as it was received during the moratorium on annexation fees. There is no additional cost of advertising as the rezoning request was included in the advertisement for annexation. RECOMMENDED ACTION Staff respectfully requests that the council move Ordinance 1887 to second reading for adoption. Attachments 1. Exhibit Packet Page 365 of 719 ORDINANCE: 1887 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR THE REZONING OF 9.62 ACRES, MORE OR LESS, OF REAL PROPERTY, LOCATED IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST, FROM THE OKALOOSA COUNTY RESIDENTIAL-1 ZONING DISTRICT TO THE MIXED USE (MU) ZONING DISTRICT; PROVIDING FOR AUTHORITY; PROVIDING FOR THE UPDATING OF THE CRESTVIEW ZONING MAP; 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 Section 166.041, Florida Statutes and Chapter 102, City Code. SECTION 2 – PROPERTY REZONED. The following described 9.62 acres, more or less, of real property lying within the corporate limits of Crestview, Florida, with 9.62 acres, more or less, being formerly zoned Okaloosa County Residential-1 with the Mixed Use (MU) Future Land Use Map designation recently ratified by the City Council through adoption of Ordinance 1886, is hereby rezoned to Mixed Use (MU) to wit: PIN # 04-3N-23-0000-0016-0000 A Parcel of land situated in the Northwest 1/4 of the Northeast 1/4 of Section 4, Township 3 North, Range 23 West, Okaloosa County, Florida and being more particularly described as follows. Commencing at a PK nail marking the Northwest comer of the Northeast 1/4 of said Section 4; thence South 01 degrees 49 minutes 03 seconds East a distance of 34.87 feet to a 5/8 inch rebar #7237 and the South right of way of Airport Road and the Point of Beginning; thence along said South right of way South 87 degrees 52 minutes 56 seconds East a distance of 325.66 feet to a 1/2 inch rebar #8113; thence departing said South right of way South 01 degrees 54 minutes 45 seconds West a distance of 16.52 feet to a 1/2 inch rebar #8113; thence South 01 degrees 54 minutes 45 seconds West a distance of 150.07 feet to a 5/8 inch rebar (BENT); thence South 01 degrees 56 minutes 50 seconds West a distance of 1,120.53 feet to a 1/2 inch rebar #4419; thence North 87 degrees 52 minutes 10 seconds West a distance of 323.41 feet to a 1/2 inch rebar #8113; thence North 01 degrees 50 minutes 48 seconds East a distance of 690.08 feet to a 5/8 inch rebar #5024; thence North 01 degrees 50 minutes 18 seconds East a distance of 596.99 feet to the Point of Beginning. SECTION 3 – MAP UPDATE. The Crestview Zoning Map, current edition, is hereby amended to reflect the above changes concurrent with passage of this ordinance, which is attached hereto. 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. Page 366 of 719 SECTION 5 – 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 6 – 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 7 – 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 8 – EFFECTIVE DATE. The effective date of this Ordinance shall be the date Comprehensive Plan Amendment is adopted by Ordinance # 1886 and becomes legally effective. Passed and adopted on second reading by the City Council of Crestview, Florida on the 22nd day of August, 2022. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 22nd day of August, 2022. ______________________________________ J. B. Whitten Mayor Page 367 of 719 Page 368 of 719 AIRPORT RD HWY 85 N N FERDON BLVD OLD BETHEL RD HWY 85 N N FERDON BLVD Vicinity Map ¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET Not to Scale Subject Parcel(s) Page 369 of 719 AIRPORT RD FARMER ST REINKE DR HOUSTON LN FLORA LEE LN H U N T E R D R PEAR ORCHARD BLVD BORDER CREEK RDM O S L E Y L N N Existing Use¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 400200 Feet Legend Subject Parcel City Limits Existing Use ChurchesHolding PondMunicipalNo AG AcreRes CommonRights-of-wayRivers andSingle FamilySupermarketVacant Page 370 of 719 AIRPORT RD FARMER ST REINKE DR HOUSTON LN FLORA LEE LN H U N T E R D R PEAR ORCHARD BLVD BORDER CREEK RDM O S L E Y L N N CurrentFuture Land Use¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 400200 Feet Legend Subject Parcel City Limits City Future Land Use Commercial (C)Industrial (IN)Mixed Use (MU)Conservation (CON)Public Lands (PL)Residential (R) County Future Land Use Low Density Residential (LDR)Mixed Use (MU) Page 371 of 719 AIRPORT RD FARMER ST REINKE DR HOUSTON LN FLORA LEE LN H U N T E R D R PEAR ORCHARD BLVD BORDER CREEK RDM O S L E Y L N N CurrentZoning¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 400200 Feet Legend Subject Parcel City Limits City Z oning Single Fa mily Estate Dwelling District (R-1E)Single Fa mily Low Density District (R-1) Single Fa mily Med ium Density District (R-2)Single and Multi-Family Dwelling District(R-3)Mixed Use (MU) Com mercial (C-1) Com mercial (C-2)Industria l (IN) Pub lic Lands (P)Conservation (E) County Zoning Residentia l - 1 (R-1) Mixed Use (MU) Page 372 of 719 AIRPORT RD FARMER ST REINKE DR HOUSTON LN FLORA LEE LN H U N T E R D R PEAR ORCHARD BLVD BORDER CREEK RDM O S L E Y L N N ProposedFuture Land Use ¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 400200 Feet Legend Subject Parcel City Lim its City Futur e Land Use Com me rcia l (C) Industrial (IN)Mixed U se (MU)Conservation (CON) Public La nd s (PL)Residential (R) County Future Land Use Low D ensity Residential (LDR) Mixed U se (MU) Page 373 of 719 AIRPORT RD FARMER ST REINKE DR HOUSTON LN FLORA LEE LN H U N T E R D R PEAR ORCHARD BLVD BORDER CREEK RDM O S L E Y L N N ProposedZoning¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 400200 Feet Legend Subject Parcel City Limits City Zoning Single Family Estate Dwelling District (R-1E)Single Family Low D en sity District (R-1)Single Family Mediu m Density District (R-2)Single and Multi-Family Dwelling D istrict(R-3)Mixed U se (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E) County Zoning Residential - 1 (R-1)Mixed U se (MU) Page 374 of 719 CITY OF CRESTVIEW Item # 8.7. Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Ordinance TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director DATE: 8/3/2022 SUBJECT: Ordinance 1888 - Brookmeade Drive Annexation BACKGROUND: On May 18, 2022, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located on Brookmeade Drive. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Low Density Residential and Residential-1, respectively. The Planning and Development Board recommended approval of the request on August 1, 2022. DISCUSSION: The property description is as follows: Property Owner: Wicker Roy 8124 Jordan Rd Baker, FL 325317271 Parcel ID: 20-3N-23-0000-0136-0020 Site Size: 0.48 acre Current FLU: Okaloosa County Low Density Residential Current Zoning: Okaloosa County Residential-1 Current Land Use: Residential The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Commercial (C) Commercial High-Intensity District (C-2) Commercial East Okaloosa County Low Density Residential Okaloosa County Residential-1 Vacant South Commercial (C) Commercial High-Intensity District (C-2) Residential West Commercial (C) Commercial High-Intensity District (C-2) Commercial Page 375 of 719 The subject property is currently developed for residential use and a development application has not been submitted. Based on the requested land-use and zoning designations, the property can be developed for commercial use. Staff has reviewed the application based on the criteria detailed in Florida statute 171.043 for annexations and finds the following: - The property is contiguous to the city limits; - The property is comprised of one (1) lot in unincorporated Okaloosa County, and is therefore considered compact; - The annexation of the property would not create an enclave - The subject property is not included in the boundary of another municipality; and, - The subject property meets the definition of urban purposes. Courtesy notices were mailed to property owners within 300 feet of the subject property on July 7, 2022. A letter was sent via certified mail to the Okaloosa Board of County Commissioners on July 7, 2022. The property was posted on July 18, 2022. An advertisement ran in the Crestview News Bulletin on July 14 and 21, 2022. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational – these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability – Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest quality of public services. Quality of Life – these six areas focus on the overall experience when provided by the city. Community Character – Promote desirable growth with a hometown atmosphere. Opportunity – Promote an environment that encourages economic and educational opportunity. Community Culture – Develop a specific identity for Crestview. FINANCIAL IMPACT The fees for annexation have been waived for this application as it was received during the moratorium on annexation fees. The cost of advertising was $544.50. The successful annexation of this property will have positive future impacts, including ad valorem revenue based on future taxable assessed value, development and building permit fees, and utility usage fees. RECOMMENDED ACTION Staff respectfully requests that the council move Ordinance 1888 to second reading for adoption. Attachments 1. Exhibit Packet Page 376 of 719 ORDINANCE: 1888 AN ORDINANCE ANNEXING TO THE CITY OF CRESTVIEW, FLORIDA, ± 0.48 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-23-0000-0136-0020 (Deed recorded in Book 2156, page 9, dated June 8, 1998) The South 1/2 of the following described property: Beginning at the NE corner of the SE 1/4 of the SE 1/4 of S20, T3N, R23W, thence on East boundary of said forty run South 498 ft. to the Point of Beginning of land herein conveyed; thence at right angle run West 250 ft.; thence at right angle run South 168 ft.; thence at right angle run East 250 ft. to said East boundary of said forty; thence North of said East boundary of said forty acres, run 168 ft. to the Point of Beginning. 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, with a zoning designation to be assigned and run concurrent with the approval and adoption of the Comprehensive Plan amendment by the proper authorities. Page 377 of 719 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 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 22nd day of August, 2022. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 22nd day of August, 2022. ______________________________________ J. B. Whitten Mayor Page 378 of 719 Page 379 of 719 I-10 S FERDON BLVD I-10 S FERDON BLVD Vicinity Map ¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET Not to ScaleSubject Parcel(s) Page 380 of 719 E REDSTONE AVE BROOKMEADE DR GOODWIN AVE RUNNYMEADE DR BANNER CT Existing Use¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 200100 Feet Legend Subject Parcel City Limits Existing Use CountyMobile HomeMulti-FamilyOffice BuildingPrivate HoProfessionPrivate SchoolSingle FamilyStorage/OfficeTrailer ParkVacantVacant CommercialVacant/ResidentialWarehouse Page 381 of 719 E REDSTONE AVE BROOKMEADE DR GOODWIN AVE RUNNYMEADE DR BANNER CT CurrentFuture Land Use¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 200100 Feet Legend Subject Parcel City Limits City Future Land Use Commercial (C)Industrial (IN)Mixed Use (MU)Conservation (CON)Public Lands (PL)Residential (R) County Future Land Use Low Density Residential (LDR)Mixed Use (MU) Page 382 of 719 E REDSTONE AVE BROOKMEADE DR GOODWIN AVE RUNNYMEADE DR BANNER CT CurrentZoning¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 200100 Feet Legend Subject Parcel City Limits City Z oning Single Fa mily Estate Dwelling District (R-1E)Single Fa mily Low Density District (R-1) Single Fa mily Med ium Density District (R-2)Single and Multi-Family Dwelling District(R-3)Mixed Use (MU) Com mercial (C-1) Com mercial (C-2)Industria l (IN) Pub lic Lands (P)Conservation (E) County Zoning Residentia l - 1 (R-1) Mixed Use (MU) Page 383 of 719 E REDSTONE AVE BROOKMEADE DR GOODWIN AVE RUNNYMEADE DR BANNER CT ProposedFuture Land Use ¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 200100 Feet Legend Subject Parcel City Lim its City Futur e Land Use Com me rcia l (C) Industrial (IN)Mixed U se (MU)Conservation (CON) Public La nd s (PL)Residential (R) County Future Land Use Low D ensity Residential (LDR) Mixed U se (MU) Page 384 of 719 E REDSTONE AVE BROOKMEADE DR GOODWIN AVE RUNNYMEADE DR BANNER CT ProposedZoning¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 200100 Feet Legend Subject Parcel City Limits City Zoning Single Family Estate Dwelling District (R-1E)Single Family Low D en sity District (R-1)Single Family Mediu m Density District (R-2)Single and Multi-Family Dwelling D istrict(R-3)Mixed U se (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E) County Zoning Residential - 1 (R-1)Mixed U se (MU) Page 385 of 719 CITY OF CRESTVIEW Item # 8.8. Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Ordinance TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director DATE: 8/3/2022 SUBJECT: Ordinance 1889 - Brookmeade Drive Comprehensive Plan Amendment BACKGROUND: On May 18, 2022, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located on Brookmeade Drive. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Low Density Residential and Residential-1, respectively. The application requests the Commercial (C) future land use designation for the property. The Planning and Development Board recommended approval of the request on August 1, 2022. DISCUSSION: The property description is as follows: Property Owner: Wicker Roy 8124 Jordan Rd Baker, FL 325317271 Parcel ID: 20-3N-23-0000-0136-0020 Site Size: 0.48 acre Current FLU: Okaloosa County Low Density Residential Current Zoning: Okaloosa County Residential-1 Current Land Use: Residential The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Commercial (C) Commercial High-Intensity District (C-2) Commercial East Okaloosa County Low Density Residential Okaloosa County Residential-1 Vacant South Commercial (C) Commercial High-Intensity District (C-2) Residential West Commercial (C) Commercial High-Intensity District (C-2) Commercial Page 386 of 719 The subject property is currently developed for residential use and a development application has not been submitted. Based on the requested land-use and zoning designations, the property can be developed for commercial use. Staff reviewed the request for a comprehensive plan amendment and finds the following: - The proposed future land use map designation is compatible with the surrounding area. - The proposed future land use map designation is consistent with the city’s comprehensive plan and land development code. - The process for adoption of the future land use map amendment follows all requirements of Florida statute sections 163.3184 (3) and (5). - The proposed amendment does not involve a text change to goals, policies, and objectives of the comprehensive plan. It only proposes a land use change to the future land use map for a site- specific small-scale development. - The subject property is not located within an area of critical state concern. Courtesy notices were mailed to property owners within 300 feet of the subject property on July 7, 2022. The property was posted on July 18, 2022. An advertisement ran in the Crestview News Bulletin on July 14 and 21, 2022. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational – these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability – Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest quality of public services. Quality of Life – these six areas focus on the overall experience when provided by the city. Community Character – Promote desirable growth with a hometown atmosphere. Opportunity – Promote an environment that encourages economic and educational opportunity. Community Culture – Develop a specific identity for Crestview. FINANCIAL IMPACT The fees for the comprehensive plan amendment have been waived for this application as it was received during the moratorium on annexation fees. There is no additional cost of advertising as the comprehensive plan amendment request was included in the advertisement for annexation. RECOMMENDED ACTION Staff respectfully requests that the council move Ordinance 1889 to second reading for adoption. Attachments 1. Exhibit Packet Page 387 of 719 ORDINANCE: 1889 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, AMENDING ITS ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PURPOSE; PROVIDING FOR CHANGING THE FUTURE LAND USE DESIGNATION FROM OKALOOSA COUNTY LOW DENSITY RESIDENTIAL TO COMMERCIAL (C) ON APPROXIMATELY 0.48 ACRES, MORE OR LESS, IN SECTION 20, TOWNSHIP 3 NORTH, RANGE 23 WEST; PROVIDING FOR FUTURE LAND USE MAP AMENDMENT; 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 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 – FINDINGS OF FACT. The City Council of the City of Crestview finds the following: A. This amendment will promote compact, orderly development and discourage urban sprawl; and B. 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 C. A public hearing has been conducted by the City Council after "due public notice"; and D. This amendment involves changing the future land use designation from Okaloosa County Low Density Residential to Commercial (C) on a parcel of land containing 0.48 acres, more or less, lying within the corporate limits of the City; and E. This amendment is consistent with the adopted Comprehensive Plan and is in the best interests of the City and its citizens. SECTION 3 – PURPOSE. The purpose of this Ordinance is to adopt an amendment to the "City of Crestview Comprehensive Plan: 2020." The amendment is described in Section 4 below. SECTION 4 – FUTURE LAND USE MAP AMENDMENT. The Future Land Use Map is amended by changing the future land use category of a parcel containing approximately 0.48 acres of land, more or less, from Okaloosa County Low Density Residential to Commercial (C). For the purposes of this Ordinance and Comprehensive Plan Amendment, the 0.48 acres, more or less, is known as Parcel 20-3N-23-0000-0136-0020 and commonly described as: The South 1/2 of the following described property: Beginning at the NE corner of the SE 1/4 of the SE 1/4 of S20, T3N, R23W, thence on East boundary of said forty run South 498 ft. to the Point of Beginning of land herein conveyed; thence at right angle run West 250 ft.; thence at right angle run South 168 ft.; thence at right angle run East 250 ft. to said East boundary of said forty; thence North of said East boundary of said forty acres, run 168 ft. to the Point of Beginning. Page 388 of 719 The Commercial (C) Future Land Use Category is hereby imposed on Parcel 20-3N-23-0000-0136-0020. Exhibit A, which is attached hereto and made a part hereof by reference, graphically depicts the revisions to the Future Land Use Map and shows Parcel 20-3N-23-0000-0136-0020 thereon. SECTION 5 – 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 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 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 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 by the City Council of Crestview, Florida on the 22nd day of August, 2022. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 22nd day of August, 2022. ______________________________________ J. B. Whitten Mayor Page 389 of 719 Page 390 of 719 I-10 S FERDON BLVD I-10 S FERDON BLVD Vicinity Map ¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET Not to ScaleSubject Parcel(s) Page 391 of 719 E REDSTONE AVE BROOKMEADE DR GOODWIN AVE RUNNYMEADE DR BANNER CT Existing Use¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 200100 Feet Legend Subject Parcel City Limits Existing Use CountyMobile HomeMulti-FamilyOffice BuildingPrivate HoProfessionPrivate SchoolSingle FamilyStorage/OfficeTrailer ParkVacantVacant CommercialVacant/ResidentialWarehouse Page 392 of 719 E REDSTONE AVE BROOKMEADE DR GOODWIN AVE RUNNYMEADE DR BANNER CT CurrentFuture Land Use¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 200100 Feet Legend Subject Parcel City Limits City Future Land Use Commercial (C)Industrial (IN)Mixed Use (MU)Conservation (CON)Public Lands (PL)Residential (R) County Future Land Use Low Density Residential (LDR)Mixed Use (MU) Page 393 of 719 E REDSTONE AVE BROOKMEADE DR GOODWIN AVE RUNNYMEADE DR BANNER CT CurrentZoning¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 200100 Feet Legend Subject Parcel City Limits City Z oning Single Fa mily Estate Dwelling District (R-1E)Single Fa mily Low Density District (R-1) Single Fa mily Med ium Density District (R-2)Single and Multi-Family Dwelling District(R-3)Mixed Use (MU) Com mercial (C-1) Com mercial (C-2)Industria l (IN) Pub lic Lands (P)Conservation (E) County Zoning Residentia l - 1 (R-1) Mixed Use (MU) Page 394 of 719 E REDSTONE AVE BROOKMEADE DR GOODWIN AVE RUNNYMEADE DR BANNER CT ProposedFuture Land Use ¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 200100 Feet Legend Subject Parcel City Lim its City Futur e Land Use Com me rcia l (C) Industrial (IN)Mixed U se (MU)Conservation (CON) Public La nd s (PL)Residential (R) County Future Land Use Low D ensity Residential (LDR) Mixed U se (MU) Page 395 of 719 E REDSTONE AVE BROOKMEADE DR GOODWIN AVE RUNNYMEADE DR BANNER CT ProposedZoning¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 200100 Feet Legend Subject Parcel City Limits City Zoning Single Family Estate Dwelling District (R-1E)Single Family Low D en sity District (R-1)Single Family Mediu m Density District (R-2)Single and Multi-Family Dwelling D istrict(R-3)Mixed U se (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E) County Zoning Residential - 1 (R-1)Mixed U se (MU) Page 396 of 719 CITY OF CRESTVIEW Item # 8.9. Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Ordinance TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director DATE: 8/3/2022 SUBJECT: Ordinance 1890 - Brookmeade Drive Rezoning BACKGROUND: On May 18, 2022, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located on Brookmeade Drive. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Low Density Residential and Residential-1, respectively. The application requests the Commercial High-Intensity District (C-2) zoning designation for the property. The Planning and Development Board recommended approval of the request on August 1, 2022. DISCUSSION: The property description is as follows: Property Owner: Wicker Roy 8124 Jordan Rd Baker, FL 325317271 Parcel ID: 20-3N-23-0000-0136-0020 Site Size: 0.48 acre Current FLU: Okaloosa County Low Density Residential Current Zoning: Okaloosa County Residential-1 Current Land Use: Residential The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Commercial (C) Commercial High-Intensity District (C-2) Commercial East Okaloosa County Low Density Residential Okaloosa County Residential-1 Vacant South Commercial (C) Commercial High-Intensity District (C-2) Residential West Commercial (C) Commercial High-Intensity District (C-2) Commercial Page 397 of 719 The subject property is currently developed for residential use and a development application has not been submitted. Based on the requested land-use and zoning designations, the property can be developed for commercial use. Staff reviewed the request for rezoning and finds the following: - The proposed zoning is consistent with the proposed future land use designation. - The uses within the requested zoning district are compatible with uses in the adjacent zoning districts. - The requested use is not substantially more or less intense than allowable development on adjacent parcels. Courtesy notices were mailed to property owners within 300 feet of the subject property on July 7, 2022. The property was posted on July 18, 2022. An advertisement ran in the Crestview News Bulletin on July 14 and 21, 2022. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational – these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability – Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest quality of public services. Quality of Life – these six areas focus on the overall experience when provided by the city. Community Character – Promote desirable growth with a hometown atmosphere. Opportunity – Promote an environment that encourages economic and educational opportunity. Community Culture – Develop a specific identity for Crestview. FINANCIAL IMPACT The fees for the rezoning request have been waived for this application as it was received during the moratorium on annexation fees. There is no additional cost of advertising as the rezoning request was included in the advertisement for annexation. RECOMMENDED ACTION Staff respectfully requests that the council move Ordinance 1890 to second reading for adoption. Attachments 1. Exhibit Packet Page 398 of 719 ORDINANCE: 1890 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR THE REZONING OF 0.48 ACRES, MORE OR LESS, OF REAL PROPERTY, LOCATED IN SECTION 20, TOWNSHIP 3 NORTH, RANGE 23 WEST, FROM THE OKALOOSA COUNTY RESIDENTIAL-1 ZONING DISTRICT TO THE COMMERCIAL HIGH- INTENSITY DISTRICT (C-2) ZONING DISTRICT; PROVIDING FOR AUTHORITY; PROVIDING FOR THE UPDATING OF THE CRESTVIEW ZONING MAP; 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 Section 166.041, Florida Statutes and Chapter 102, City Code. SECTION 2 – PROPERTY REZONED. The following described 0.48 acres, more or less, of real property lying within the corporate limits of Crestview, Florida, with 0.48 acres, more or less, being formerly zoned Okaloosa County Residential-1 with the Commercial High-Intensity District (C-2) Future Land Use Map designation recently ratified by the City Council through adoption of Ordinance 1889, is hereby rezoned to Commercial High-Intensity District (C-2) to wit: PIN # 20-3N-23-0000-0136-0020 The South 1/2 of the following described property: Beginning at the NE corner of the SE 1/4 of the SE 1/4 of S20, T3N, R23W, thence on East boundary of said forty run South 498 ft. to the Point of Beginning of land herein conveyed; thence at right angle run West 250 ft.; thence at right angle run South 168 ft.; thence at right angle run East 250 ft. to said East boundary of said forty; thence North of said East boundary of said forty acres, run 168 ft. to the Point of Beginning. SECTION 3 – MAP UPDATE. The Crestview Zoning Map, current edition, is hereby amended to reflect the above changes concurrent with passage of this ordinance, which is attached hereto. 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 – 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 6 – 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. Page 399 of 719 SECTION 7 – 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 8 – EFFECTIVE DATE. The effective date of this Ordinance shall be the date Comprehensive Plan Amendment is adopted by Ordinance # 1889 and becomes legally effective. Passed and adopted on second reading by the City Council of Crestview, Florida on the 22nd day of August, 2022. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 22nd day of August, 2022. ______________________________________ J. B. Whitten Mayor Page 400 of 719 Page 401 of 719 I-10 S FERDON BLVD I-10 S FERDON BLVD Vicinity Map ¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET Not to ScaleSubject Parcel(s) Page 402 of 719 E REDSTONE AVE BROOKMEADE DR GOODWIN AVE RUNNYMEADE DR BANNER CT Existing Use¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 200100 Feet Legend Subject Parcel City Limits Existing Use CountyMobile HomeMulti-FamilyOffice BuildingPrivate HoProfessionPrivate SchoolSingle FamilyStorage/OfficeTrailer ParkVacantVacant CommercialVacant/ResidentialWarehouse Page 403 of 719 E REDSTONE AVE BROOKMEADE DR GOODWIN AVE RUNNYMEADE DR BANNER CT CurrentFuture Land Use¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 200100 Feet Legend Subject Parcel City Limits City Future Land Use Commercial (C)Industrial (IN)Mixed Use (MU)Conservation (CON)Public Lands (PL)Residential (R) County Future Land Use Low Density Residential (LDR)Mixed Use (MU) Page 404 of 719 E REDSTONE AVE BROOKMEADE DR GOODWIN AVE RUNNYMEADE DR BANNER CT CurrentZoning¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 200100 Feet Legend Subject Parcel City Limits City Z oning Single Fa mily Estate Dwelling District (R-1E)Single Fa mily Low Density District (R-1) Single Fa mily Med ium Density District (R-2)Single and Multi-Family Dwelling District(R-3)Mixed Use (MU) Com mercial (C-1) Com mercial (C-2)Industria l (IN) Pub lic Lands (P)Conservation (E) County Zoning Residentia l - 1 (R-1) Mixed Use (MU) Page 405 of 719 E REDSTONE AVE BROOKMEADE DR GOODWIN AVE RUNNYMEADE DR BANNER CT ProposedFuture Land Use ¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 200100 Feet Legend Subject Parcel City Lim its City Futur e Land Use Com me rcia l (C) Industrial (IN)Mixed U se (MU)Conservation (CON) Public La nd s (PL)Residential (R) County Future Land Use Low D ensity Residential (LDR) Mixed U se (MU) Page 406 of 719 E REDSTONE AVE BROOKMEADE DR GOODWIN AVE RUNNYMEADE DR BANNER CT ProposedZoning¯ PREPARED BY CITY OF CR ESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 S TATE PLANE , NORTH ZONEU.S. SURVEY FEET 0 200100 Feet Legend Subject Parcel City Limits City Zoning Single Family Estate Dwelling District (R-1E)Single Family Low D en sity District (R-1)Single Family Mediu m Density District (R-2)Single and Multi-Family Dwelling D istrict(R-3)Mixed U se (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E) County Zoning Residential - 1 (R-1)Mixed U se (MU) Page 407 of 719 CITY OF CRESTVIEW Item # 8.10. Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Ordinance TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director DATE: 8/3/2022 SUBJECT: Ordinance 1891 - Land Development Code Amendment BACKGROUND: In February of 2021, significant changes were made to the City's Land Development Code, zoning map, future land use map, and Comprehensive Plan. The need for these amendments were identified by staff due to a number of map inconsistencies, and the outdated nature of the Land Development Code, which was not sufficiently updated, and therefore was difficult to efficiently utilize. DISCUSSION: Since the adoption of the code in 2021, it has undergone amendments about every 6 months for a number of reasons. Staff can never know what new types of development may occur, or be desired. Over time, we see developers and homeowners alike ask new questions that we hadn't previously thought of, and that the code may have not restricted at all, or may have over-restricted. It's important that the code is revised every so often to best fit the development in Crestview. As development occurs, staff finds provisions that may be unnecessarily restrictive for developers and homeowners or that, through rigorous and repeated implementation, don't logically work with other provisions of the code, or the code's overall intent. Additionally, some portions of the code are covered by other regulatory codes (fire, building, city ordinance) or could be modified to be more in-line with the provisions of each of those codes. These changes include:  Removing unused or redundant definitions in Chapter 2  Corrections to Chapter 3 regarding inconsistent or redundant verbiage, lot splits, and other minor verbiage adjustments.  Correction to Chapter 4, allowing an exemption to Landscape Code for development in the Downtown Overlay District.  Revisions to zoning table to account for a handful of changes determined by staff.  Revisions to Chapter 6 to allow more flexible orientation for dwellings on flag lots, to explicitly prohibit RVs, campers or camp trailers as single family dwellings, and various verbiage changes to the Landscape Code to make easier to understand and utilize.  Revisions to Chapter 7 to allow more flexible placement of accessory buildings and carports, and to revise sign provisions to allow signs at a size more similar to what was allowed under the previous code in certain areas, and to revise the verbiage to better reflect building code terminology.  Revisions to Chapter 8 to allow payment into a sidewalk fund in lieu of constructing "sidewalks to nowhere." Various verbiage changes to reduce and improve redundant information. Page 408 of 719 In all cases, it is the staff's desire to allow homeowners and developers to maximize their right to improve their property, with regulations to adequately protect the rights of those around them and contribute to the City in regards to public safety, healthy growth, and economic development. The amendments proposed herein help to remove unnecessary roadblocks or regulations or developers and homeowners, while retaining or instating regulations that protect the rights of citizens around them. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT This item will not result in any direct financial impact. RECOMMENDED ACTION Staff respectfully requests that the council move Ordinance 1891 to second reading for adoption. Attachments 1. Attachment 1 Page 409 of 719 ORDINANCE: 1891 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR THE AMENDMENT OF PORTIONS OF CHAPTERS TWO, THREE, FOUR, SIX, SEVEN, AND EIGHT OF THE LAND DEVELOPMENT CODE; PROVIDING FOR AUTHORITY; 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. WHEREAS, the City is authorized and empowered to adopt and enforce ordinances and codes, not inconsistent with state law that are necessary to regulate development; and WHEREAS, staff has determined that various Land Development Code amendments would positively impact the capacity for both developers and citizens to develop their property in a way that is within their rights and with respect to the rights of other citizens. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA, AS FOLLOWS: SECTION 1 – LAND DEVELOPMENT CODE AMENDMENTS. Chapters two, three, four, five, six, seven, and eight of the Land Development Code are amended to revise various elements of the Code to make the code more cohesive, logical, and beneficial for both developers and citizens, as attached to this ordinance (Attachment 1). SECTION 2 – AUTHORITY. The authority for enactment of this ordinance is Section 166.041, Florida Statutes and The City of Crestview Land Development Code. SECTION 3 – 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 4 – 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 5 – 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 6 – 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 7 – 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 ________________, 2022. Page 410 of 719 Approved by me this ______________________ day of ________________________, 2022. ______________________________________ J. B. Whitten Mayor ATTEST: _____________________________________ Maryanne Schrader City Clerk Page 411 of 719 LAND DEVELOPMENT CODE Style Definition: LDC Paragraph Page 412 of 719 ~ 2 ~ TABLE OF CONTENTS CHAPTER 1 ............................................................................................................................ 9 GENERAL ADMINISTRATION .................................................................................................. 9 1.00.00 - GENERALLY ................................................................................................................................. 9 1.00.01 - Purpose and Intent ................................................................................................................ 9 1.01.00 - TITLE ........................................................................................................................................... 9 1.02.00 - AUTHORITY AND JURISDICTION ................................................................................................. 9 1.03.00 - APPLICABILITY ............................................................................................................................ 9 1.03.01 - Generally ................................................................................................................................ 9 1.03.02 - Exceptions .............................................................................................................................. 9 1.04.00 - ADMINISTRATIVE RESPONSIBILITY FOR IMPLEMENTATION .................................................... 10 1.04.01 - City Manager ........................................................................................................................ 10 1.04.02 - Community Development Services Director ....................................................................... 10 1.05.00 - INTERPRETATIONS ................................................................................................................... 10 1.05.01 - Generally .............................................................................................................................. 10 1.05.02 - Responsibility for Interpretation ......................................................................................... 10 1.05.03 - Rules for Interpretation of Boundaries ................................................................................ 10 1.05.04 - Rules of Construction ........................................................................................................... 11 1.05.05 - Days; Computation of Time ................................................................................................. 11 1.06.00 - BOARDS .................................................................................................................................... 11 1.06.01 - Generally .............................................................................................................................. 11 1.06.02 - Requirements for All Boards ................................................................................................ 11 1.07.00 - DOCUMENTS REFERENCED ...................................................................................................... 12 CHAPTER 2 .......................................................................................................................... 13 ACRONYMS AND DEFINITIONS ............................................................................................. 13 2.00.00 – GENERAL ................................................................................................................................. 13 2.01.00 – ACRONYMS .............................................................................................................................. 13 2.02.00 – DEFINITIONS ............................................................................................................................ 14 CHAPTER 3 .......................................................................................................................... 35 ADMINISTRATIVE PROCEDURES ........................................................................................... 35 3.00.00 - GENERALLY ............................................................................................................................... 35 3.00.01 - Purpose ................................................................................................................................ 35 3.00.02 - Classification of Development Review Procedures ............................................................. 35 Page 413 of 719 ~ 3 ~ 3.00.03 - Development Approval Process ........................................................................................... 35 3.00.04 - Application Timeline Table .................................................................................................. 37 3.00.05 - Application submittals ......................................................................................................... 37 3.00.06 - Pre-application meetings ..................................................................................................... 38 3.00.07 - Fees Required ...................................................................................................................... 38 3.00.08 - Complete Applications Required ......................................................................................... 38 3.00.09 - Determination of Completeness .......................................................................................... 39 3.00.10 - Review for Sufficiency and Code Requirements .................................................................. 39 3.00.11 - Decision Making ................................................................................................................... 39 3.00.12 - General Review Procedure .................................................................................................. 40 3.01.00 - PLANNING AND DEVELOPMENT BOARD ................................................................................. 40 3.01.01 - Powers and Duties ............................................................................................................... 40 3.01.02 - Membership, Vacancy, Compensation ................................................................................ 40 3.01.03 - Meetings, Quorum, Required Vote...................................................................................... 41 3.01.04 - Staff, Attorney ...................................................................................................................... 41 3.01.05 - Rules and Records ................................................................................................................ 42 3.02.00 - PUBLIC NOTICE AND HEARINGS ............................................................................................... 42 3.02.01 - Public Notice Requirements ................................................................................................ 42 3.02.02 - Public Hearing Requirements and Procedures. ................................................................... 45 3.03.00 - ADMINISTRATIVE DECISION MAKERS AND ENFORCEMENT OFFICERS.................................... 49 3.04.00 - SPECIFIC REVIEW PROCEDURES - ADMINISTRATIVE ORDERS, PERMITS AND APPROVALS ..... 50 3.04.01 - Zoning Verification Letter or Flood Verification Letter ........................................................ 50 3.04.02 - Administrative Interpretations and Similar Use Determinations ........................................ 50 3.04.03 - Lot Splits and Lot line Adjustments ..................................................................................... 51 3.04.04 - Special Exception Uses and Supplemental Standards ......................................................... 52 3.04.05 - Administrative Waivers ........................................................................................................ 52 3.04.06 - Development Orders ........................................................................................................... 53 3.04.07 - Administrative Permits ........................................................................................................ 57 3.04.08 - Temporary Use Permits ....................................................................................................... 57 3.04.09 - Minor Re-Plat ....................................................................................................................... 59 3.04.10 - Periodic Inspection Required; Correction of Deficiencies ................................................... 59 3.04.11 - Final Inspection and Certificate of Occupancy .................................................................... 59 3.04.12 - Stop Work Orders for Site Development ............................................................................. 60 Page 414 of 719 ~ 4 ~ 3.04.13 - Violation of an Approved Development Plan ...................................................................... 61 3.04.14 - Phased Projects .................................................................................................................... 61 3.04.15 - Guarantees and Sureties ...................................................................................................... 61 3.05.00 - SPECIFIC REVIEW PROCEDURES - QUASI-JUDICIAL PERMITS AND APPROVALS ...................... 63 3.05.01 - General Requirements ......................................................................................................... 63 3.05.02 - Variances .............................................................................................................................. 63 3.05.03 - Vacations of Plats, Easements, and Rights-Of-Way ............................................................. 63 3.05.04 - Conceptual Plats .................................................................................................................. 64 3.05.05 - Final Plats ............................................................................................................................. 65 3.05.06 - Planned Unit Developments (PUD) ...................................................................................... 66 3.05.07 - Zoning Change (Re-Zoning) .................................................................................................. 69 3.06.00 SPECIFIC REVIEW PROCEDURES - LEGISLATIVE APPROVALS ...................................................... 69 3.06.01 - Annexations ......................................................................................................................... 69 3.06.02 - Future Land Use Map Amendments .................................................................................... 70 3.06.03 - Comprehensive Plan Amendments ..................................................................................... 70 3.06.04 - Land Development Code Text Amendments ....................................................................... 71 CHAPTER 4 .......................................................................................................................... 72 ZONING DISTRICTS AND OVERLAYS ...................................................................................... 72 4.00.00 - GENERALLY ............................................................................................................................... 72 4.01.00 - LAND USE DISTRICTS, DENSITY AND INTENSITY ...................................................................... 72 4.02.00 - OFFICIAL ZONING MAP ............................................................................................................ 72 4.03.00 - ESTABLISHMENT AND PURPOSE OF ZONING DISTRICTS ......................................................... 72 4.04.00 - ZONING DISTRICT COMPARISON TO FUTURE LAND USE CATEGORIES ................................... 73 4.05.00 - ESTABLISHMENT AND PURPOSE OF OVERLAY DISTRICTS ....................................................... 74 4.06.00 - LAND USES PERMISSIBLE IN EACH ZONING DISTRICT .............................................................. 77 4.07.00 - CHANGE OF USE REQUIREMENTS ............................................................................................ 84 CHAPTER 5 .......................................................................................................................... 85 ENVIRONMENT AND RESOURCE PROTECTION ...................................................................... 85 5.00.00 - GENERALLY ............................................................................................................................... 85 5.00.01 - Purpose and Intent .............................................................................................................. 85 5.00.02 - Applicability ......................................................................................................................... 85 5.01.00 - WETLANDS PROTECTION ......................................................................................................... 85 5.02.00 - HABITAT PROTECTION ............................................................................................................. 85 5.03.00 - AIR QUALITY ............................................................................................................................. 86 Page 415 of 719 ~ 5 ~ 5.03.01 - Compliance with State and Federal Regulations ................................................................. 86 5.03.02 - Testing Required .................................................................................................................. 86 5.04.00 - HISTORICAL AND ARCHAEOLOGICAL RESOURCES ................................................................... 86 5.04.01 - Applicability ......................................................................................................................... 86 5.04.02 - Survey Requirements ........................................................................................................... 86 5.05.00 - FLOOD DAMAGE PREVENTION ................................................................................................ 86 5.05.01 - General ................................................................................................................................. 86 5.05.02 - Applicability ......................................................................................................................... 87 5.05.03 - Duties and Powers of the Floodplain Administrator ........................................................... 88 5.05.04 - Permits ................................................................................................................................. 90 5.05.05 - Site Plans and Construction Documents .............................................................................. 91 5.05.06 - Inspections ........................................................................................................................... 92 5.05.07 - Variances and Appeals ......................................................................................................... 93 5.05.08 - Violations ............................................................................................................................. 94 5.05.09 - Definitions ............................................................................................................................ 94 5.05.10 - Buildings and Structures ...................................................................................................... 99 5.05.11 - Subdivisions ......................................................................................................................... 99 5.05.12 - Site Improvements, Utilities, and Limitations...................................................................... 99 5.05.13 - Manufactured Homes ........................................................................................................ 100 5.05.14 - Recreational Vehicles and Park Trailers ............................................................................. 100 5.05.15 - Tanks .................................................................................................................................. 101 5.05.16 - Other Development ........................................................................................................... 101 CHAPTER 6 ........................................................................................................................ 102 DEVELOPMENT STANDARDS .............................................................................................. 102 6.00.00 - GENERALLY ............................................................................................................................. 102 6.00.01 - Applicability ....................................................................................................................... 102 6.00.02 - Measurements ................................................................................................................... 102 6.00.03 - Compatibility Standards Pertaining to Building Height in All Zoning Districts .................. 104 6.00.04 - Standards Pertaining to Metal Buildings in All Zoning Districts ........................................ 104 6.01.00 - DEVELOPMENT STANDARDS IN RESIDENTIAL DISTRICTS ...................................................... 104 6.01.01 - Site Development Standards ............................................................................................. 104 6.01.02 - Residential Design Standards ............................................................................................. 105 6.02.00 - DEVELOPMENT STANDARDS IN MIXED-USE DISTRICTS ......................................................... 106 Page 416 of 719 ~ 6 ~ 6.02.01 - Site Development Standards ............................................................................................. 106 6.02.02 - Standards for Mixing Uses on One (1) Lot ......................................................................... 106 6.02.03 - Standards for Mixing Uses Within One (1) Building .......................................................... 107 6.02.04 - Site Development Standards for the Downtown Overlay District (DOD) .......................... 107 6.02.05 - Site Development Standards for the Foxwood Overlay District (FOD) .............................. 108 6.03.00 - DEVELOPMENT STANDARDS FOR COMMERCIAL AND INDUSTRIAL DISTRICTS ..................... 108 6.03.01 - Site Development Standards ............................................................................................. 108 6.03.02 - Nuisance/Pollution Standards for Industrial Developments ............................................. 109 6.04.00-6.05.00 - RESERVED ................................................................................................................. 110 6.06.00 - STANDARDS FOR SITE PREPARATION AND IMPROVEMENTS ................................................ 110 6.06.01 - Site Lighting ........................................................................................................................ 110 6.07.00 - DESIGN STANDARDS FOR SUBDIVISIONS ............................................................................... 111 6.08.00 - STANDARDS FOR LANDSCAPE DEVELOPMENT ...................................................................... 113 6.08.01 - Intent ................................................................................................................................. 113 6.08.02 - Definitions .......................................................................................................................... 113 6.08.03 - Applicability ....................................................................................................................... 113 6.08.04 - Administrative Modifications ............................................................................................ 114 6.08.05 - Landscape Plan Required ................................................................................................... 114 6.08.06 - Requirements - Perimeter Landscape ............................................................................... 115 6.08.07 – Requirements - Parking Landscape ................................................................................... 115 6.08.08 – Requirements - Right-of-Way Landscape Buffer Yard ...................................................... 115 6.08.09 - Protected Trees .................................................................................................................. 117 CHAPTER 7 ........................................................................................................................ 120 ACCESSORY, TEMPORARY, AND SPECIAL USE SITUATIONS ................................................. 120 7.00.00 - INTENT ................................................................................................................................... 120 7.01.00 - ACCESSORY STRUCTURES ...................................................................................................... 120 7.01.01 - Generally ............................................................................................................................ 120 7.01.02 - Accessory Buildings ............................................................................................................ 120 7.01.03 - Fences ................................................................................................................................ 121 7.01.04 - Swimming Pools ................................................................................................................. 123 7.02.00 - SIGNS ...................................................................................................................................... 123 7.02.01 - Generally ............................................................................................................................ 123 7.02.02 - Exempt Signs ...................................................................................................................... 123 Page 417 of 719 ~ 7 ~ 7.02.03 - Prohibited Signs ................................................................................................................. 126 7.02.04 - Temporary Signs ................................................................................................................ 126 7.02.05 - Permitted Permanent Accessory Signs .............................................................................. 126 7.02.06 - Directional Signs ................................................................................................................ 128 7.02.07 - Signs at Entrances to Residential Developments, Farms and Ranches ............................. 128 7.02.08 - Utility Signs ........................................................................................................................ 128 7.03.00 - ACCESSORY DWELLINGS ........................................................................................................ 128 7.03.01 - Detached Accessory Dwellings in Residential Zoning Districts .......................................... 128 7.03.02 - Detached Caretaker/Security Dwellings (Accessory Dwellings) in Specified Nonresidential Zoning Districts ................................................................................................................................. 129 7.04.00 - HOME OCCUPATIONS ............................................................................................................ 129 7.05.00 - SUPPLEMENTAL STANDARDS FOR SPECIAL EXCEPTION USES ............................................... 130 7.05.01 - Generally ............................................................................................................................ 130 7.05.02 - Pharmaceutical Sales ......................................................................................................... 131 7.05.03 - Recreational Camps ........................................................................................................... 132 7.05.04 - Recreational Vehicle Parks ................................................................................................. 133 7.05.05 - Telecommunications Antennae and Towers ..................................................................... 134 7.05.06 - Manufactured Home Communities ................................................................................... 135 7.05.07 – Food Truck Sites ................................................................................................................ 136 7.05.08 – Townhouses ...................................................................................................................... 137 7.06.00 - TEMPORARY USES .................................................................................................................. 138 7.06.01 - Temporary Vendors ........................................................................................................... 138 7.06.02 - Mobile Food Dispensing Vehicles ...................................................................................... 139 CHAPTER 8 ........................................................................................................................ 141 STANDARDS FOR TRANSPORTATION, ACCESS, PARKING AND LOADING ............................. 141 8.00.00 - PURPOSE AND INTENT ........................................................................................................... 141 8.01.00 - APPLICABILITY ........................................................................................................................ 141 8.02.00 - STREETS, VISIBILITY, ACCESS MANAGEMENT, AND RIGHT-OF-WAY PROTECTION ............... 141 8.03.00 - ACCESS MANAGEMENT ......................................................................................................... 142 8.04.00 - STREET ACCESS AND DRIVEWAY DESIGN REQUIREMENTS ................................................... 142 8.05.00 - BICYCLE AND PEDESTRIAN WAYS .......................................................................................... 143 8.06.00 - REQUIREMENTS FOR PARKING AND LOADING ...................................................................... 144 8.06.01 - Generally ............................................................................................................................ 144 8.06.02 - Standards for Parking ......................................................................................................... 145 Page 418 of 719 ~ 8 ~ 8.06.03 - Standards for Parking Lot Design ....................................................................................... 147 8.06.04 - Standards for Loading Spaces ............................................................................................ 148 8.06.05 - Standards for Parking Off the Development Site............................................................... 148 8.06.06 - Parking Studies ................................................................................................................... 149 8.06.07 - Standards for Stacking Lanes and Drive-Through Facility Lanes ....................................... 150 8.06.08 - On-Street Parking Area ...................................................................................................... 151 CHAPTER 9 ........................................................................................................................ 152 VARIATIONS FROM STANDARDS IN THE LDC ...................................................................... 152 9.00.00 - GENERALLY ............................................................................................................................. 152 9.00.01 - Waiver of Standards Pertaining to Metal Buildings ........................................................... 153 9.01.00 - NONCONFORMING SITUATIONS............................................................................................ 153 9.01.01 - Generally ............................................................................................................................ 153 9.01.02 - Types of Nonconformities .................................................................................................. 153 9.01.03 - Continuation of Nonconformities ...................................................................................... 154 9.01.04 - Change of Use .................................................................................................................... 154 9.01.05 - Damage and Restoration of Nonconforming Buildings or Structures ............................... 155 9.01.06 - Expansion or Modification of Benign Nonconformities..................................................... 155 9.01.07 - Expansion or Modification of Detrimental Nonconformities ............................................ 155 9.01.08 - Specific Requirements for Lots of Record .......................................................................... 156 9.02.00 - VARIANCES ............................................................................................................................. 156 9.02.01 - Generally ............................................................................................................................ 156 9.02.02 - Required Findings for a Grant of Variance......................................................................... 156 9.02.03 - Procedures for Variances ................................................................................................... 157 9.02.04 - Appeal of Planning and Development Board Decisions .................................................... 157 9.02.05 - Specific Requirements for Variances Regarding Historic Buildings ................................... 157 9.03.00 - APPEALS OF ADMINISTRATIVE DECISIONS ............................................................................ 157 9.03.01 - Applicability ....................................................................................................................... 157 9.03.02 - Notice of Intent to File an Appeal of an Administrative Decision ..................................... 158 9.03.03 - Filing an Appeal of an Administrative Decision ................................................................. 158 9.03.04 - Stay of Work ...................................................................................................................... 158 9.03.05 - Procedures for Consideration of an Appeal of an Administrative Decision ...................... 158 9.03.06 - Appeal of Planning and Development Board Decisions .................................................... 158 Page 419 of 719 ~ 9 ~ CHAPTER 1 GENERAL ADMINISTRATION 1.00.00 - GENERALLY 1.00.01 - Purpose and Intent A. The primary purpose of this Land Development Code (LDC) is implementation of the goals and objectives of the City of Crestview Comprehensive Plan (Comprehensive Plan). B. This LDC is further intended to accomplish the following: 1. Protecting, promoting, and improving the public health, safety, comfort, order, appearance, convenience, morals, and general welfare; 2. Guiding and accomplishing coordinated and harmonious development in accordance with the existing and future needs of the City; 3. Conserving the value of land, buildings, and resources, and protecting landowners from potential adverse impacts of proposed developments; 4. Protecting the character and maintaining the stability of residential, business, industrial, recreation, and public areas; 5. Guiding and regulating the growth of the City, concentrating the more intense development in areas of high capability and limiting development in areas of low capability; 6. Directing and controlling the type, distribution, and intensity of development; and 7. Being equitable, in terms of consistency, with established regulation and procedures, respecting the rights of property owners while taking into consideration the interests of all the citizens of the City. 1.01.00 - TITLE This code shall be known as and entitled the "Crestview Land Development Code" and may be referred to as the "LDC." 1.02.00 - AUTHORITY AND JURISDICTION A. This LDC is enacted pursuant to the requirements and authority of Chapter 163, Part II, F.S., and Chapter 166, F.S. B. The lands subject to this chapter shall include all area within the corporate limits of the city (and, as applicable, any areas to which the city provides municipal services). 1.03.00 - APPLICABILITY 1.03.01 - Generally Except as otherwise provided in this LDC: A. The use of any parcel of land, or any structure, or any combination thereof, within the corporate limits of the City shall be in conformance with the requirements of this LDC. B. All development shall conform to the standards, criteria, requirements, and procedures of this LDC. C. This chapter is not intended to repeal, abrogate or interfere with any existing easements, covenants or deed restrictions duly recorded in the public records of the city or the county. 1.03.02 - Exceptions Previously approved projects that are identified as exempt from the provisions of this LDC are exempt only to the extent of the previous approval and are exempt from the provisions of this LDC only to the extent that such provisions are inconsistent with the prior, unexpired approval. Specific requirements regarding existing, valid development orders and permits are set forth in the appropriate chapters. Page 420 of 719 ~ 10 ~ 1.04.00 - ADMINISTRATIVE RESPONSIBILITY FOR IMPLEMENTATION (Refer to Chapter 3, 3.03.00 - Administrative Decisions Makers and Enforcement Officers, for further and more specific information pertaining to these and other positions.) 1.04.01 - City Manager The City Manager is the chief administrative official of the City (see the Crestview Code of Ordinances). For the purposes of this LDC, the City Manager is assigned to administer, interpret, and implement the standards, criteria, and procedures of this LDC where the Community Development Services Director or other specific staff position within the City has not been designated for such action. 1.04.02 - Community Development Services Director The Community Development Services Director, or assignee, is the City staff person designated to issue development orders for expedited development, approve compliance reports, authorize administrative waivers, and other actions required for implementation of this LDC as specifically designated by the Community Development Services Director. The Community Development Services Director shall be responsible for agendas for boards identified in Chapter 3. 1.05.00 - INTERPRETATIONS 1.05.01 - Generally A. In interpreting and applying the provisions of this LDC, the provisions shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and general welfare of the community. B. In the interpretation and application of this LDC, all standards, provisions, and requirements shall be liberally construed in favor of the objectives and purposes of the City and shall not be construed to limit or repeal any other powers granted to the City under State law. C. It is not intended by this LDC to interfere with, abrogate, or annul any easement, covenant, or other agreement between parties. D. Specific provisions of this LDC shall be followed in lieu of general provisions that may be in conflict with the specific provision. E. Where provisions of this LDC conflict with other regulations, the more stringent restrictions shall be applied. F. Where written text and illustrations are in conflict, the written text shall govern. G. Where necessary, the Community Development Services Director may at his or her sole discretion ameliorate decisions based on elements of this chapter that are determined to significantly hinder development that is consistent with the purpose and intent of this chapter. 1.05.02 - Responsibility for Interpretation A. In the event that any question arises concerning the application of regulations, standards, definitions, development criteria, or any other provision of this LDC, the Community Development Services Director shall be responsible for interpretation. In the interpretation of this LDC, the Community Development Services Director shall be guided by the requirements of the Comprehensive Plan. B. Responsibility for interpretation by the Community Development Services Director shall be limited to standards, regulations, and requirements of this LDC, and shall not be construed to include interpretation of any technical codes adopted by reference in this LDC. Interpretation shall not be construed to override the responsibilities given to any commission, board, or official named in other sections or chapters of this LDC. 1.05.03 - Rules for Interpretation of Boundaries Where uncertainty exists as to the boundaries of any district shown on the official zoning map, the rules set forth in this section shall apply. A. Where such district boundaries are indicated as approximately following section or quarter section lines, street lines, alley lines, or lot lines, such lines shall be construed to be such boundaries. B. In unsubdivided property or where a district boundary divides a lot, the location of such boundary, unless the boundary is indicated by dimensions, shall be determined by use of the scale appearing on the official zoning map. Page 421 of 719 ~ 11 ~ C. Where a district boundary divides the area of a lot unequally, the district classification and regulations of the larger portion shall apply to the remaining smaller portion of the lot. D. Where any public street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment. E. In case any further uncertainty exists, the City Council shall interpret the intent of the official zoning map as to the location of such boundaries. 1.05.04 - Rules of Construction The rules of construction set forth in the Crestview Engineering Standards Manual shall apply to the provisions set forth in this LDC. 1.05.05 - Days; Computation of Time Throughout this LDC, "day" or "days" means calendar days, except where business days are specifically identified. The method required for the computation of time shall be as set forth in the Crestview Code of Ordinances. 1.06.00 - BOARDS 1.06.01 - Generally A. The City Council has established the boards identified in this chapter for the purpose of implementing the provisions of this LDC. B. All procedures pertaining to matters before the boards are set forth in the appropriate chapters of this LDC. C. The City Clerk shall maintain records for all boards and requirements listed in this Chapter. 1.06.02 - Requirements for All Boards A. The City Council shall make appointments to boards identified in this chapter, based on the eligibility and board composition requirements, if any, set forth for each board. 1. Specific rules for each board can be found in Chapter 3 - Administrative Procedures. B. The City Council shall have authority to revoke any appointment for reasonable cause, including but not limited to, failure to be a resident or qualified elector of the City, conviction of a felony, or conviction of an offense involving moral turpitude while in office. C. Absences. The City Council shall revoke the appointment of any board member who fails, without good cause, to attend three (3) consecutive regular board meetings, or a total of four (4) regular meetings or special meetings within any twelve (12) month period. The City Clerk shall determine whether an absence is excused. D. Officers. 1. At the last regular meeting of each fiscal year, each board shall elect a chairperson and vice chairperson, both of whom shall serve for the subsequent calendar year. 2. Officers may serve up to two (2) consecutive one (1) year terms. 3. When the chairperson departs, an election shall be held at the next meeting of the board to elect a new chairperson who shall serve for the remainder of the calendar year. 4. The chairman shall be responsible for procedures of meetings and hearings and shall take such action as may be necessary to preserve order and the integrity of all proceedings. 5. The vice Chairperson shall act as Chairperson in the absence of the Chairperson. E. Meetings, hearings, and workshops. 1. Each board shall establish a regular meeting day, time, and place. 2. Special meetings and workshops may be called by the Chairperson or upon the majority vote of members at a regular meeting. 3. When required, a public hearing may be held during a regular or special meeting, provided that notice has been given in accordance with the requirements set forth in the appropriate section of this code or State Statute. 4. When a public hearing is a quasi-judicial hearing, the hearing shall comply with the requirements set forth in the appropriate section or State Statute. Page 422 of 719 ~ 12 ~ 5. If there is no business scheduled for a regular meeting prior to the deadline for applications, the Chairperson may cancel the regularly scheduled meeting. F. Rules of procedure. A board shall take actions and transact business in conformity with the provisions of applicable State law. A board may adopt additional rules of procedure as needed. G. Records. 1. Any decision made by a board shall be recorded and entered into the minutes of the meeting or hearing. 2. All records shall be public records as set forth by applicable State law. 3. A board shall keep a record of minutes of meetings and decisions, including recommendations, resolutions, findings, and determinations. H. The City Clerk shall be responsible for support to boards, including making a record of meetings, providing required notices, providing notices of vacancies to the City Council, providing notices of absences per Section 1.06.02.C, and other such support as may be required for the appropriate conduct of board business. I. Compensation. All board members serve without compensation. However, where travel is required by the City Council, travel expenses shall be paid in accordance with City policy for travel reimbursement. 1.07.00 - DOCUMENTS REFERENCED The City shall annually publish a list of documents, codes, and manuals which are adopted for regulation of development within the City in addition to this LDC. Page 423 of 719 ~ 13 ~ CHAPTER 2 ACRONYMS AND DEFINITIONS 2.00.00 – GENERAL Words used in this Land Development Code (LDC) shall be construed according to the common meaning as defined in a standard dictionary, such as the Merriam-Webster Collegiate Dictionary, or other source, such as The Florida Building Code, or the Florida Statutes. Words not defined shall be given their common and ordinary meaning. For the purpose of this LDC the following terms, phrases, words, abbreviations and their derivations shall have the following meaning herein given. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. 2.01.00 – ACRONYMS The following are the most common acronyms used throughout the LDC. ADA Americans with Disabilities Act CRA Community Redevelopment Agency DBH (dbh) Diameter at breast height DOD Downtown Overlay District DO Development order DRI Development of regional impact EPA Environmental Protection Agency ERP Environmental Resource Permit FAA Federal Aviation Administration FAC Florida Administrative Code FBC Florida Building Code FCC Federal Communications Commission FDEP Florida Department of Environmental Protection FDOT Florida Department of Transportation FEMA Federal Emergency Management Agency FIRM Flood Insurance Rate Map FLUM Future Land Use Map FS Florida Statutes ITE Institute of Transportation Engineers LDC Land development code LOS Level of service NEC National Electric Code NGVD National Geodetic Vertical Datum PUD Planned Unit Development ROW Right-of-way USACOE United States Army Corps of Engineers Page 424 of 719 ~ 14 ~ 2.02.00 – DEFINITIONS Abut - To physically touch or border upon, or to share a common property line. Access - A way or means of vehicular or pedestrian approach to provide physical entrance to a property. Accessory Dwelling - A secondary dwelling unit established in conjunction with and clearly subordinate to a principle dwelling, whether part of the same structure as the principle dwelling or a detached dwelling. Accessory dwellings may be called helpers quarters, guest quarters, mother-in-law suites, granny flats, or other similar terms, all having the same meaning as "accessory dwelling." Accessory Sign - A permanent ground or building sign that is permitted under this Code as incidental to an existing or proposed use of land. Accessory signs advertise only the business located on the premises and is synonymous with the term on-site signs. Accessory Use or Building - A subordinate use or building customarily incidental to the principle building or use and which is on the same lot or parcel of ground as the principle building or use. Accessway - The principal means of ingress and egress to a parcel of land from a public right-of-way. Addition (to an Existing Building) - Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common loadbearing wall other than a firewall. Any walled and roofed addition which is connected by a firewall or is separated by independent perimeter loadbearing walls is new construction. Adjacent to A Protected Environmentally Sensitive Area - Any location within 500 feet of the boundary of any protected environmentally sensitive area, whether the location is on or off the development site. Administrative Permit - Official city document which is issued after the effective date of this chapter which authorizes the commencement of construction or land alteration without need for further application and approval. Administrative permits include all types of construction permits. Adult Congregate Living Facility - A type of residential care facility, defined in F.S. Chapter 400. Adverse Effects - Any modifications, alterations, or effects or waters, associated wetlands, or shore lands, including their quality, quantity, hydrology, surface area, species composition, or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the reasonable use of property, including outdoor recreation. The term includes secondary and cumulative as well as direct impacts. Adversely Affected Person - Any person who is suffering or will suffer an adverse effect to an interest protected or furthered by the local government comprehensive plan, including but not limited to: interests related to health and safety; police and fire protection services; densities or intensities of development; transportation facilities; recreational facilities, equipment, or services; and environmental or natural resources. The alleged adverse effect may be shared in common with other members of the community at large but must exceed in degree the general interest in community good shared by all persons. Advertising - Sign copy intended to directly or indirectly promote the sale or use of a product, service, commodity, entertainment, or real or personal property. Agricultural Activity - Any farming and forestry operation affecting land or waters such as site preparation, clearing, fencing, contouring, soil preparation, plowing, planting, harvesting, construction of access roads, extraction of stumps and submerged logs, and placement of bridges and culverts. Alter or Alteration - Work done on a stormwater management system other than that necessary to maintain the system's original design and function. Alteration of a Watercourse - A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. Page 425 of 719 ~ 15 ~ Alternative Site - One or more separate locations within the search ring at which a provider could place its antenna to serve substantially all of the area intended to be served by the site requiring special exception. Alternative sites must be available to the provider on commercially reasonable terms. Anchor or Anchored - As defined in the Florida Building Code Animated Sign - A sign that flashes or moves or otherwise changes at intervals more frequently than once each six (6) seconds. Antenna - Any exterior apparatus designed for the sending and/or receiving of electromagnetic waves for telephonic, radio, television, or personal wireless services. Appeal - A request for a review of an interpretation from staff by the appropriate party of any provisions of this LDC Applicant - The person(s) filing the application, the representative of the person(s) filing the application, or the attorney representing the person(s) filing the application. Application - The application form and supporting documents and, where the context so requires, the variance requested by the application, or special exception required by the application, or the administrative action or interpretation being reviewed by the application. Appurtenant Structure - A structure which is on the same parcel of property as the principal structure to be insured under the federal flood insurance program and where the use is incidental to the use of the principal structure. Aquifer - An underground formation, group of formations, or part of a formation that is permeable enough to transmit, store or yield usable quantities of water. Archaeological Site - A property or location which has yielded or may yield information on the city's and local area's history or prehistory. Archaeological sites are evidenced by the presence of artifacts and features indicating the past use of a location by people. Architectural Planter - A permanent container within which plantings may be placed to meet the requirements of this article. Area of Shallow Flooding - A designated AO or VO zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Area of Special Flood Hazard - The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Arena or Auditorium or Stadium - An open, partially enclosed or fully enclosed facility primarily used or intended for commercial spectator sports or entertainment. Typical uses include convention and exhibition halls, sports arenas, and amphitheaters. Artisan Studio - A workplace for a person skilled in an applied art. As-Built Plans - The amended site development plans specifying the locations, dimensions, elevations, capacities and capabilities of structures or facilities as they have been constructed. ASCE- 24 - A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE- 24 is developed and published by the American Society of Civil Engineers, Reston, VA. Associated Wetlands - Any wetland that is adjacent or contiguous to waters, or which has a direct hydrologic connection to waters. Awning Sign - Any sign attached to, in any manner, or otherwise made a part of any awning or awning-like structure which projects beyond a building or extends along and projects beyond the wall of the building, generally designed and constructed to provide protection from the weather. Banner Sign - A sign constructed of cloth, paper, or other non-rigid material, with or without frames, and secured at both ends. Flags are not banners. Page 426 of 719 ~ 16 ~ Base Flood - A flood having a 1-percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as the "100 -year flood" or the "1-percent-annual chance flood." Base Flood Elevation - The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 1612.2.] Basement - The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 1612.2.] Bench Sign - Any sign painted on or attached to a bench. Beneficial Functions of a Protected Environmentally Sensitive Area - Those functions, described in the conservation element of the comprehensive plan, that justify designating an area as environmentally sensitive. Board - Any group established by the City Council for the purposes of implementing the provisions of this LDC, as per the provisions of section 1.06.00. Breakaway Wall - A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. Buffer Area - The terms "buffer area," "buffer yard" "buffer zone" and "buffer strip" are synonymous to each other as utilized within this articleLDC. It is the designated area between different zoning districts. Building - Any structure built for support, shelter, or enclosure for any occupancy or storage. Building Face - The furthest extent of any exterior wall of a building Building Line - The line marking the furthest extent of any extension of each building face Building Official - The officer or other designated authority charged with the administration and enforcement of the Florida Building Code, or a duly authorized representative. [Also defined in FBC, B, Section 1612.2.] Building Permit - An official document or certificate issued by the community which authorizes performance of specific activities that are determined to be compliant with the Florida Building Code. Building Sign - A sign displayed upon or attached to any part of the exterior of a building which projects no more than 12 inches from the building wall to which there are attached, including walls, windows, doors, parapets, marquees, and roof slopes of greater than 45 degrees that form a side of a building or unit. Canopy Sign - Any message or copy incorporated into or affixed to a canopy attached to a building or walkway. Capital Improvement - Land acquisition, right-of-way acquisition, site improvements, engineering fees, permitting fees, building and equipment, but excludes maintenance and operation. Chairman - The chairperson of any board as elected by the board, as per the provisions in section 1.06.00 Changeable Copy Sign - A sign that is designed so that characters, letters, or illustrations can be changed or rearranged without altering the face or the surface of the sign. Clearing - The removal of trees and brush from a substantial part of the land but shall not include mowing of grass. Code - The Codified Ordinances of the City of Crestview, Florida, unless otherwise designated. Commercial Vehicle - Any vehicle whether motor-driven or towed, and used constructed or equipped for the transportation of goods, wares, merchandise, tools, or equipment in the trade, commerce or industry. The following vehicles shall be excluded from the effect of this LDC: Passenger vehicles including station wagons, SUVs, and vehicles constructed for recreational purposes or other non commercial purposes, vehicles used by governmental agencies for official business, and vehicles which are or may be required to be similarly identified by State or Federal law Page 427 of 719 ~ 17 ~ Commercially Developed Parcel - A parcel of property on which there is at least one walled and roofed structure used, or designed to be used, for other than residential or agricultural purposes. Commissary - A public food service establishment licensed by the division or a food establishment permitted by the department of agriculture and consumer services, which is utilized by a mobile food dispensing vehicle for the purpose of providing all required support services, including potable water and wastewater disposal that are not available on the mobile food dispensing vehicle. (61-C-0001 FAC.) Common Open Space - An area of land, or an area of water, or combination of land and water within the area of a subdivision which is designed and intended for the use or enjoyment by residents of the subdivision in common. Common open space may contain such recreation structures and improvements as are desirable and appropriate for the common benefit and enjoyment of residents of the subdivision. Comprehensive Plan - An ordinance adopted pursuant to the Florida Growth Management Act to manage development and growth of the city. Computations of Area of Individual Signs - The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by the area of the smallest square, circle, rectangle, triangle, or geometric figure that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display, or used to differentiate the sign from the backdrop or structure against which it is placed, also including any supporting framework, bracing, decorative fence, or wall. Integral decorative or architectural features of buildings and structures shall not be considered in the computation of the area of the individual sign. Computations of Area of Multifaced Signs - The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any vantage point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any one point at the same time, and when such sign faces are part of the same structure, the sign area shall be computed by the measurement of one of the faces. Concurrency - A condition where specified facilities and services have or will have the necessary capacity to meet the adopted level of service standard at the time of impact of the development project. Conditional Letter of Map Revision (CLOMR) - A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. Copy - The linguistic or graphic content of a sign. Corner Lot - A lot abutting upon two (2) or more streets at a street intersection, or abutting upon two (2) adjoining and deflected lines of the same street and thereby forming an interior angle of less than 135 degrees. Cottage Industry - The creation or assembly of products in a home-based setting rather than a factory. CRA - Community Redevelopment Agency Cross-Access - A vehicular and/or pedestrian connection between abutting properties which permits the exchange of trips between the two adjacent sites without the need to use the public street system. Crown - The main point of branching or foliage of a tree or plant. Crown Spread - The distance measured across the greatest diameter of a plant. Cultural or Historic Resource - Any prehistoric or historic district, site, building, object, or other real or personal property of historical, architectural, or archaeological value. The properties may include, but are not limited to, monuments, memorials, Native American habitations, ceremonial sites, abandoned settlements, artifacts or other objects with intrinsic historical or archaeological value, or any part thereof relating to the history, government, and culture of the city, the state, or the nation. Page 428 of 719 ~ 18 ~ DBH - Diameter at breast height. "Breast height" is defined to be 54 inches above the surface of the ground at the base of the plant or tree. In the case of a tree with multiple main stems, the diameter shall be the sum of the diameters of the stems. De Minimis - A matter so minor as to be disregarded. Dedication - The deliberate appropriation of land by its owner for any general and public use, reserving to such owner no other rights than such as are compatible with the full exercise and enjoyment of the public use to which the property has been devoted. Demolition - The tearing down or razing of 25 percent or more of a structure's external walls. Density or Gross Density - The total number of dwelling units by the total site area, less the public right-of-way. Design Flood - The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 1612.2.] 1. Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or 2. Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Design Flood Elevation - The elevation of the "design flood," including wave height, relative to the datum specified on the City's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 1612.2.] Detention - The collection and storage of surface water for subsequent controlled discharge at a rate which is less than the rate of inflow. Developed Area - The portion of a plot or parcel of land, excluding public right-of-way, upon which a building, structure, pavement, landscape material, or other improvements have been placed. Developer - Any person, excluding the city and its agencies, who engages in or proposes to engage in a development activity either as the owner or as the agent of an owner of property. Development - Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities. Development Agreement - A document complying with the requirements of Section 163.3220-.3243, F.S. Development of Regional Impact - Development that impacts on infrastructure, concurrency, the environment or other considerations beyond the political jurisdiction in which development occurs. Development or Development Activity - The following list are a variety of examples showing the scope and intention of this definition. This list is not exhaustive and is intended to be examples of scope: 1. Construction, clearing, filling, excavating, grading, paving, dredging, mining, drilling or otherwise significantly disturbing the soil of a site. 2. Building, installing, enlarging, replacing or substantially restoring a structure, impervious surface, or water management system, and including the long-term storage of materials. 3. Subdividing land into two or more parcels. 4. A tree removal for which authorization is required under this chapter. 5. Erection of a permanent sign unless expressly exempted by this chapter. 6. Alteration of a historic property for which authorization is required under this chapter. 7. Changing the use of a site so that the need for parking is increased. 8. Construction, elimination or alteration of a driveway onto a public street. Page 429 of 719 ~ 19 ~ Development Order - Development order means, after the effective date of this chapter, the final authorization of a development project, the authorization which must be granted prior to issuance of a administrative permit as defined for purposes of this chapter. The development order authorizes the project, whereas the administrative permit authorizes specific components of the project, such as building construction, parking lot installation, landscaping, and the like. For purposes of this chapter the development plan approval is the development order. Direct Hydrologic Connection - A surface water connection which, under normal hydrological conditions, occurs on an average of thirty (30) or more consecutive days per year. In the absence of reliable hydrologic records, a continuum of wetlands may be used to establish a direct hydrologic connection. Directional Sign - A sign located on premises to identify exits, entrances, driveways, or off-street parking. Discharge or Discharge Point - The point of outflow of water from a project, site, aquifer, drainage basin, or facility. District - A geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, objects, or areas, which are united historically or aesthetically by plan or physical development. A district may be comprised of individual resources which are separated geographically but are linked by association or history. Division - The Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulations. Double Frontage Lot - A lot having two (2) non-adjoining property lines abutting upon a street. Drainage - Surface water runoff; the removal of surface water or groundwater from land by drains, grading or other means which include runoff controls. Drip Line - The outer perimeter of the crown of a plant or tree. Dwelling Unit - A single housing unit providing complete, independent living facilities for one housekeeping unit, including permanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling, Duplex - A single building containing two (2) contiguous and independent dwelling units separated by a common wall and sharing a common roof and foundation. Dwelling, Multiple Family - A structure containing three (3) or more dwelling units attached to each other by walls, garages, carports, utility rooms, breezeways, etc. or conventional dwelling units, whether attached or detached from each other, which share a single deeded lot. Each dwelling unit of the multiple family structures may be located on one (1) deeded lot or may be on separately deeded lots. Multifamily dwellings include structures commonly called garden apartments, apartments, and condominiums. Dwelling, Single-Family - A structure containing a single dwelling unit, detached from other dwelling units by horizontal or vertical space with no connection provided by walls, garages, carports, utility rooms, breezeways, etc. Easement - An interest in land owned by another which entitles its holder to a specific use or enjoyment. Electric Sign - Any sign containing electric wiring. Elevated Building - A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls. Elevation (Geography) - Vertical distance to a point or object from sea level or some other datum, as specified within the LDC. Elevation (Structures) - A drawing showing the vertical elements of a building, either exterior or interior, as a direct projection to a vertical plane. Encroachment - The advancement or infringement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. Erect a Sign - To construct, reconstruct, build, relocate, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish; but it shall not include any of the foregoing activities when performed as an incident to the change of message, or routine maintenance. Page 430 of 719 ~ 20 ~ ERU (Sewer) - Equivalent residential unit of sewer usage ERU (Water) - Equivalent residential unit of potable water usage Ex Parte - An oral and/or written communication with a decision-maker regarding an application for development approval which occurred prior to the quasi-judicial hearing at which the decision-maker is to consider such application. An ex parte communication includes a private site visit to the property that is the subject of the application for development approval. Existing - The average condition immediately before development or redevelopment commences. Existing Building and Existing Structure - Any buildings and structures for which the "start of construction" commenced before July 27, 1976. [Also defined in FBC, B, Section 1612.2.] Existing Construction - Any structure for which the start of construction commenced before enactment of this article which establishes the area of special flood hazard. Existing Manufactured Home Park or Subdivision - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before July 27, 1976. Expansion to an Existing Manufactured Home Park or Subdivision - The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Facade - That portion of a building encompassing the area extending in a generally vertical plane from the ground to the highest point of the building, marquee, or canopy and extending in a horizontal plane between the vertical ends of the structure. Facade Area - The area within a two-dimensional geometric figure coinciding with the edges of the walls, windows, doors, parapets, marquees and roof slopes of greater than 45 degrees that form a side of a building or unit. Except roof slopes of greater than 45 degrees that are above a roof slope of less than 45 degrees and form the roofline of the building shall not be considered as a facade area. Farmers Market - A group of vendors principally involved in the sale of locally produced and grown fruits, vegetables, meats, prepared foods, and art and crafts. Feepayer - A person who is obligated to remit or who has remitted all, or a portion of the impact fee described herein. Finished Floor Elevation - The top of a floor surface of an enclosed area in a building (including basement) i.e. top of slab in concrete slab construction or top of wood flooring in wood frame construction measured from the mean sea level. Flag - A sign made of fabric or other similar non-rigid material supported or anchored along only one edge or supported or anchored at only two (2) corners. Flood Damage-Resistant Materials - Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 1612.2.] Flood Hazard Area - The greater of the following two areas: [Also defined in FBC, B, Section 1612.2.] 1. The area within a floodplain subject to a 1-percent or greater chance of flooding in any year. 2. The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Flood Hazard Boundary Map (FHBM) - An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as zone A. Page 431 of 719 ~ 21 ~ Flood Insurance Rate Map (FIRM) - The official map of the City on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the City. [Also defined in FBC, B, Section 1612.2.] Flood Insurance Study (FIS) - The official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 1612.2.] Flood or Flooding - A general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in FBC, B, Section 1612.2.] 1. The overflow of inland or tidal waters. 2. The unusual and rapid accumulation or runoff of surface waters from any source. Floodplain - Land which will be inundated by floods known to have occurred or reasonably characteristic of what can be expected to occur from the overflow of inland or tidal waters and the accumulation of runoff of surface waters from rainfall. Floodplain Administrator - The office or position designated and charged with the administration and enforcement of the provisions of Section 5.05.00 of this LDC (may be referred to as the Development Administrator). Floodplain Development Permit or Approval - An official document or certificate issued by the City, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with Section 5.05.00 of this LDC. Floodway - The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Also defined in FBC, B, Section 1612.2.] Floodway Encroachment Analysis - An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. Floor - The top surface of an enclosed area in a building (including basement), i.e. top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles. Floor Area Ratio (FAR) - A measurement of the intensity of development on a site. The floor area ratio is the relationship between the total floor area of all buildings on a site and the gross site area. The FAR is calculated by adding together the floor areas of all floors except mechanical areas and parking areas and dividing this total by the gross site area. FAR = Total building floor area divided by total lot area. Florida Building Code - The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas. Food Code - This term as used in chapters 61C-1, 61C-3 and 61C-4, F.A.C., means paragraph 1-201.10(B), chapter 2, chapter 3, chapter 4, chapter 5, chapter 6, chapter 7, and sections 8-103.11 and 8-103.12 of the Food Code, 2009 Recommendations of the United States Public Health Service/Food and Drug Administration including Annex 3: Public Health Reasons/Administrative Guidelines; Annex 5: Conducting Risk-based Inspections, herein adopted by reference. A copy of the food code, as adopted by the division, is available on the division's Internet website www.MyFloridaLicense.com/dbpr/hr. A copy of the entire Food Code is available on the U.S. Food and Drug Administration Internet website. Printed copies of the entire food code are available through the National Technical Information Service, 5301 Shawnee Road, Alexandria, VA 22312. Food Establishment - As utilized in the Food Code, this term shall apply to public lodging establishments and food service establishments as defined in F.S. Chapter 509, according to the context of the applicable rule language. Page 432 of 719 ~ 22 ~ Foundation - The site built supporting parts upon which the manufactured home is placed, whether constructed to encompass the perimeter of the home or in the form of piers and including all exterior materials required to physically screen, veneer or shield. Frontage - The length of the property line of any one (1) premises parallel to and along a public right-of-way, excluding alleyways. Functionally Dependent Facility - A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking facility or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacture, sales, or service facilities. Functionally Dependent Use - A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities. Governmental Sign - A sign that directs and guides traffic to include signs for announcing government related facilities, activities, and public service announcements. Grade - The established average level of ground exclusive of mounds and berms. Gross Acreage - The total number of acres within the perimeter boundaries of a development site. Gross Density or Density - The total number of dwelling units divided by the total site area, less public right-of-way. Gross Floor Area - The floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts. Ground Cover - Natural mulch or low-growing plants other than deciduous varieties installed to form a continuous cover over the ground. Ground Sign - A sign that is supported by one (1) or more columns, upright poles, or braces extended from the ground or from an object on the ground, or that is erected on the ground, where no part of the sign is attached to any part of a building. Groundwater - Water beneath the surface of the ground whether or not flowing through known and definite channels. Harmful to Minors - With regard to sign content, any description or representation, in whatever form, of nudity, sexual conduct or sexual excitement, when it: 1. Predominately appeals to the prurient, shameful or morbid interest of minors in sex; 2. Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; 3. Taken as a whole, lacks serious literary, artistic, political or scientific value. The term "harmful to minors" shall also include any non-erotic word or picture when it is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable for viewing by minors; and taken as a whole, lacks serious literary, artistic, political or scientific value. Highest Adjacent Grade - The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. Historic Resource - Any prehistoric or historic district, site, building, object, or other real or personal property of historical, architectural, or archaeological value. These properties or resources may include, but are not limited to, monuments, memorials, Indian habitations, ceremonial sites, abandoned settlements, engineering works, Page 433 of 719 ~ 23 ~ architectural interiors, artifacts, or other objects with intrinsic historical or archaeological value, or any part thereof, relating to the history, government, and culture of the City. Historic Structure - Any structure: 1. That is listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a. By an approved state program as determined by the Secretary of the Interior; or b. Directly by the Secretary of the Interior in states without approved programs. Historical Site - Any place, building, or district of historical, architectural or archaeological significance or value which has been officially identified in the National Register of Historic Places, or by the State Division of Archives, History and Records Management or by the City. Illegal Sign - Any sign not conforming to or provided an exception by this article. Illuminated Sign - A sign which contains a source of light or which is designed or arranged to reflect light from an artificial source including indirect lighting, neon, incandescent lights, and backlighting and shall also include signs with reflectors that depend upon automobile headlights for an image. Impact Fee - A fee levied for development to help defray costs associated with the impact of development upon existing services. Impervious Surface - A surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. The term includes most conventionally surfaced streets, roofs, sidewalks, parking lots, and similar structures. Improvement - Any manmade, immovable item which becomes part of, is placed upon, or is affixed to real estate. Interior Area - The entire parcel to be developed, exclusive of the front perimeter landscape area. Interstate Highway I-10 Corridor Sign - A sign constructed within 1,000 feet of the nearest edge of the right-of-way of Interstate I-10. Itinerant Vending Operations - A term used that generally refers to the itinerant vending categories as a whole, with respect to certain site requirements or components of an itinerant vending use. Itinerant Vendor - Any and all persons, firms and corporations, as well as their agents and employees, who engage in the temporary and/or transient business which offers services, merchandise, wares, goods, and/or other articles for purchase from one or more stationary or mobile locations and who, for the purpose of carrying on such business may rent, lease, hire, or otherwise occupy a space in any building, structure or occupy any area on a lot or parcel of land or who occupies a vehicle, self-propelled or otherwise, through which any services, merchandise, wares, goods, and/or other articles, may be traded, bartered, sold, offered for sale, or exhibited for sale within the city. Junkyard - Premises or portions thereof used for the storage or sale of used and discarded materials, including but not limited to paper, rags, metal, building materials, appliances, household furnishings, machinery, vehicles, equipment, or parts thereof. The storage for a period of two or more months of two or more wrecked or partly dismantled motor vehicles, parts of dismantled motor vehicles, or the sale of parts thereof, not capable of or not intended to be restored to highway operating condition shall also constitute a junkyard. For the purposes of this chapter, such uses as automobile reclaiming businesses, automotive wrecking businesses, automotive salvage businesses and recycling centers shall be considered junkyards. Page 434 of 719 ~ 24 ~ Labor Intensive Transportation - Signage, striping of roadways, installation of sidewalks, recreational or bicycle lanes, sidewalk ramps and other facilities designed for the handicapped, or to otherwise provide safe and convenient nonmotorized traffic circulation in conjunction with motorized traffic. Land - The earth, water, air, above, below, or on the surface. Land Development Regulations - Any ordinance, foundation documents, rules and regulations adopted to carry out the goals, objectives and policies of the comprehensive plan. Landmark - A building, structure, or location of architectural, archaeological, or historic significance to Crestview and which meets one (1) or more of the criteria for designation. A landmark may include an historical site which was the location of a significant historical event. References to landmarks shall include any or all designated landmarks, landmark sites, and archaeological sites. Landowner - The legal or beneficial owner or owners of land Landscape Plan - The placement of landscape material including, but not limited to, trees, shrubs, vines, lawn grass, ground cover, landscape water features, and nonliving durable material commonly used in landscaping, including, but not limited to, rocks, pebbles, sand, landscape fabric, brick pavers, earthen mounds, bu t excluding impervious surfaces for vehicular use. Fifty percent of such area shall be living material. Legal Advisor - The city attorney or other attorney appointed by the city council to serve in the capacity of legal advisor to the Board of Adjustment of the City of Crestview. Letter of Map Amendment (LOMA) - An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. Letter of Map Change (LOMC) - An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: Letter of Map Revision (LOMR) - A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. Letter of Map Revision Based on Fill (LOMR-F) - A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the City's floodplain management regulations. Light-Duty Truck - As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is: 1. Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or 2. Designed primarily for transportation of persons and has a capacity of more than 12 persons; or 3. Available with special features enabling off-street or off-highway operation and use. Living Unit - Any temporary or permanent unit utilized for human habitation. Lot - The latest fractional part of subdivided lands having limited fixed boundaries, and an assigned number, letter, or other name through which it may be identified. The word "lot" shall include the words “property”, "plot," "parcel," or "tract." Lot Depth - The distance measured in a mean direction of the side lines of the lot from the midpoint of the front line to the midpoint of the opposite rear line of the lot. Lot, Interior - A lot other than a corner lot, and abutting one (1) street. Alleys shall not be considered as streets. Lot Line - A line that marks the boundary of a lot. Lot Line, Front - Any lot line that abuts a public right of way Page 435 of 719 ~ 25 ~ Lot Line, Side - Any lot line that intersects a front lot line Lot Line, Rear - Any lot line that is not a front or side lot line Lot Width - The horizontal distance between the side lot lines measured at the median point between the foremost point and the rearmost point of the side lot lines. Lowest Floor - The floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.] Macro Telecommunications Facilities - Those which are located on existing buildings, poles or other existing support structures and which project more than three feet above the top of the structure but no more than ten feet above the roof line, parapet or top of the structure. Macro telecommunication facilities may exceed the height limitation specified for the zoning district. Maintenance - Action taken to restore or preserve the original design and function of any development or improvement Major Arterial - U.S. Highway 90 and S.H. 85, within the city limits. Major Deviation - A deviation other than a minor deviation from a final development plan. Manufactured Home - A structure, transportable in one or more sections, which is eight (8) feet or more in width and greater than 400 square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer." [Also defined in 15C-1.0101, F.A.C.] Manufactured Home Park or Subdivision - A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. Manufactured Housing - A structure having the following features or characteristics, which is: 1. Mass-produced in a factory; 2. Designed and constructed for transportation to a site for installation and use when connected to required utilities; 3. Either an independent, individual building or a module for combination with other elements to form a building on the site. Manufactured/Modular Building - A structure fabricated in an offsite manufacturing facility for installation or assembly as a finished building or as part of a finished building on the building site. This shall include, but not be limited to, residential, commercial, institutional, storage and industrial structures. The building must bear an insignia of approval certifying that it is built in compliance with the requirements of the Florida Manufactured Building Act of 1979. Market Value - The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used herein, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser. Marquee - A structure projecting from and supported by a building which extends beyond the building line or property line and fully or partially covers a sidewalk, public entrance or other pedestrian way. Message - Any wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other activity. Micro Irrigation (Low Volume) - The frequent application of small quantities of water directly on or below the soil surface, usually as discrete drops, tiny streams, or miniature sprays through emitters placed along the water delivery Page 436 of 719 ~ 26 ~ pipes (laterals). Micro irrigation encompasses a number of methods or concepts including drip, subsurfaces, bubbler, and spray irrigation, previously referred to as trickle, low volume, or low flow irrigation. Micro Telecommunications Facilities - Those which are located an existing buildings, poles or other existing support structures where antennae do not project more than three feet above the top of the structure and there are no more than six antennae per site. Minor Deviation - A deviation from a final development plan that falls within the following limits and that is necessary in light of technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process: 1. Alteration of the location of any road, walkway, landscaping or structure by not more than five feet. 2. Reduction of the total amount of open space by not more than five percent, or reduction of the yard area or open space associated with any single structure by not more than five percent; provided that such reduction does not permit the required yard area or open space to be less than that required by this code. Minor Subdivision/Replat - The subdivision of a single lot or parcel of land into two lots or parcels or the subdivision of a parcel into two or more lots solely for the purpose of increasing the area of two or more adjacent lots or parcels of land, where there is no roadway, drainage or other required improvements, and where the resultant lots comply with the standards of this code. Mobile Food Dispensing Vehicle - Any vehicle that is a public food service establishment and that is self-propelled or otherwise movable from place to place and includes self-contained utilities, including, but not limited tom gas, water, electricity, or liquid waste disposal. Mobile Food Vendor - Any itinerant vendor, which travels by self-propelled or non-self-propelled vehicle, trailer, wagon, or any other conveyance, from place to place, or from street to street, carrying, conveying or transporting edible goods, such as meats, fish, vegetables, fruit, or other, which are sold, offered for sale, and/or exhibited for sale. The term mobile food vendor includes but is not limited to the terms lunch wagon, cart, ice cream truck, mobile food truck and others. Mobile Home - A structure fabricated prior to June 15, 1976, and transportable in one (1) or more sections, which is eight (8) feet or more in width and which is built on an integral chassis and designed to be used as a one -family dwelling when connected to the required utilities. Monopole Tower - A telecommunications tower consisting of a single pole, constructed without guy wires or ground anchors. Monument Sign - A sign, which is attached to a self-supporting structure and is not attached or affixed in any way to a building or other structure. Multifamily Dwelling - any residential structure containing two or more separate dwelling units. Multiple-Occupancy Complex - a commercial use, i.e., any use other than residential or agricultural, consisting of a parcel of property, or parcel of contiguous properties, existing as a unified or coordinated project, with a building or buildings housing more than one occupant. National Geodetic Vertical Datum (NGVD) (As Corrected In 1929) - A vertical control used as a reference for establishing varying elevation within the floodplain. Natural Systems - Systems which predominantly consist of or are used by those communities of plants, animals, bacteria and other flora and fauna which occur indigenously on the land, in the soil or in the water. Net Acreage - The total number of acres within the perimeter boundaries of a PUD excluding areas devoted to streets, rights-of-way, easements, lakes, public and private open space and recreation areas. New Construction - For the purposes of administration of Section 5.05.00 and the Florida Building Code, structures for which the "start of construction" commenced on or after July 27, 1976, and includes any subsequent improvements to such structures. Page 437 of 719 ~ 27 ~ New Manufactured Home Park or Subdivision - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after July 27, 1976. Nonresidential - Any building or structure or portion thereof that is not classified residential in accordance with the Florida Building Code, Building (Residential Group R or Institutional Group I) and ASCE 24. [Also see definition in ASCE 24.] Object - A material thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature of design, movable, yet related to a specific setting or environment. Occupant (Occupancy) - A commercial use, i.e., any use other than residential or agricultural. Ordinary Maintenance - Work which does not require a construction permit and that is done to repair damage or to prevent deterioration or decay of a building or structure or part thereof as nearly as practicable to its condit ion prior to the damage, deterioration, or decay. Original Appearance - The appearance (except for color) which, to the satisfaction of the director (preservation planner), closely resembles the appearance of either (1) the feature on the building as it was originally built or was likely to have been built, or (2) the feature on the building as it presently exists so long as the present appearance is appropriate, in the opinion of the planning director, to the style and materials of the building. Outdoor Advertising Sign - A permanent ground sign meeting the structural requirements of the Florida Building Code, attached to which is a sign face the bottom of which is at least 20 feet above the ground, and which is at least 200 square feet in size. Outdoor advertising signs advertise businesses not located on the premises and is synonymous with the term off-site sign. Owner - The person in who is vested the fee ownership, dominion, or title of property. Parcel - A unit of land within legally established property lines. Park Trailer - A transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. [Defined in 15C-1.0101, F.A.C.] Peddler - Any person who carries from place to place any goods wares or merchandise which may be sold, is exhibited for sale, and may or may not be immediately delivered, or bartered the same, shall be deemed to be a peddler. All persons who do not keep a regular place of business, open at all times during regular business hours and at the same place, who shall offer for sale goods, wares and merchandise, shall be deemed peddlers under this article. All persons who keep a regular place of business, open at all times in regular business hours and at the same place, who shall, elsewhere than at such regular place of business, personally or through their agents, offer for sale or sell and, at the time of such offering for sale, deliver goods, wares and merchandise, shall also be deemed peddlers as above. Permanent - Designed, constructed and intended for more than short term use. Person - Any individual, group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. Plan - Any plan or set of plans illustrating or defining the proposed development of land Planned Mixed Development District (PMDD) - An area of land devoted by its owner to development as a single entity for a number of dwelling units, and/or commercial uses in accordance with a plan which does not necessarily comply with the provisions of this ordinance with respect to lot size, lot coverage, setbacks, off-street parking, bulk or type of dwelling, density and other regulations. Planned Unit Development (PUD) - A parcel or combination of contiguous parcels designed and developed as a single, integrated unit rather than as an aggregate of individual lots or buildings, with design flexibility from the development standards applicable to the zoning district. Page 438 of 719 ~ 28 ~ Planting Area - Any area designed for landscape material installation having a minimum of 50 square feet and a minimum depth as measured perpendicular to the adjacent property line, of five feet, and consisting of suitable growing medium with proper drainage. Plat - A map or drawing depicting the division of lands and lots, blocks, parcels, tracts, or sites, and streets. Pole Sign - A freestanding sign that is not attached or affixed in any way to a building or other structure. The sign must have a concealed means of support equal to a minimum of thirty (30) percent of the overall sign width. Pollutant - Any substance, contaminant, noise, or manmade or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation. Portable Sign - Any sign which is manifestly designed to be transported by trailer or on its own wheels, including such signs even though the wheels may be removed and the remaining chassis or support structure converted to an A- or T-frame sign and attached temporarily or permanently to the ground. Premises - A parcel of land consisting of a lot, tract, parcel, other unit, or combinations thereof, recorded in the public records of Okaloosa County. Principal Use or Building - The main or primary purpose for which a structure or lot is designed, arranged, or intended or for which it may be occupied or maintained. Projecting Sign - A sign attached to and supported by a building or other structure and which extends at any angle there from. Protected Environmentally Sensitive Area - An environmentally sensitive area designated for protection in the conservation element of the city comprehensive plan. Protected Tree - Native (indigenous) trees protected and identified by species and size in section 6.08.09. Protected Wellhead - Those wellheads with a permitted capacity of 100,000 gpd or more. Public Food Service Establishments - As defined in F.S. § 509.013(5), are licensed in accordance with the following classifications and requirements: Non-seating: 1. Permanent. Permanent non-seating establishments are classified as those fixed public food service establishments for which the sole service provided is intended as take-out or delivery, or which do not otherwise provide accommodations for consumption of food by guests on the premises, or premises under the control of the operator. For the purposes of this section, establishments located at food courts and malls are classified in this manner as long as seating is not provided within the premises of the establishment itself. 2. Mobile food dispensing vehicle. Mobile food dispensing vehicles are classified as any vehicle mounted public food service establishments which are self-propelled or otherwise movable from place to place and include self-contained utilities, such as gas, water, electricity and liquid waste disposal. 3. Caterer. Caterers are classified as any public food service establishments where food or drink is prepared for service elsewhere in response to an agreed upon contract for a function or event. The term includes catering kitchens. For the purpose of this rule, the term "caterer" does not include those establishments licensed pursuant to F.S. Chapter 500 or F.S. Chapter 381, or any other location where food is provided or displayed for sale by the individual meal. A licensed public food service establishment that also provides catering services is not required to hold a separate catering license from the division. Caterers must meet all applicable standards of a public food service establishment as provided in rules 61C-1.004, 61C-4.010 and 61C-4.023, F.A.C. Separate independent caterers utilizing the equipment or premises of a licensed public food service establishment are deemed operators as defined by section F.S. § 509.013(2), of such public food service establishment and subject to all applicable requirements of law and rule. Temporary public food service establishments and vendors: Formatted: Indent: Left: 0", Space After: 0 pt Page 439 of 719 ~ 29 ~ 1. Temporary public food service establishments are classified as those establishments operated at temporary food service events as defined in F.S. § 509.013(8). If upon inspection the temporary public food service establishment does not meet minimum sanitation standards as provided in chapters 61C-l and 61C-4, F.A.C., food service operations shall be discontinued until corrections are complete and verified by the division of hotels and restaurants of the department of business and professional regulation. 2. Public food service establishments that have a current license may operate one facility at a temporary event as part of the existing license. Each additional facility operated by the same licensee must acquire a separate temporary food service event license. Rate - Volume per unit of time. Reader Board - A sign with letters that can be changed or rearranged to display a message that is attached to a permitted permanent accessory ground sign. May be a sign with electronic automatic changeable copy. Real Estate Sign - A sign on premises that are offered for sale or lease. Recreational Vehicle - A vehicle, including a park trailer, which is: [Defined in section 320.01(b), F.S.) 1. Built on a single chassis; 2. Four hundred square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light-duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Redevelopment - The demolition or removal of the principal structure or more than 50 percent of the impervious surface of a site. Redevelopment also applies to properties or structures undergoing a change of occupancy or which are being reoccupied after being vacant for six months or more. Regulatory Floodway - The channel of a river or other watercourse and the adjacent land areas that must be unobstructed in order to discharge the base flood without increasing the water surface elevation of that flood more than one foot at any point. Remove - To relocate, cut down, damage, poison, or in any other manner destroy or cause to be destroyed, a tree. Retention - The collection and storage of water runoff without subsequent surface discharge to surface waters. Right-of-Way (ROW) - Land dedicated, deeded, used or to be used, for a street, alley, walkway, boulevard, drainage facility, access for ingress, egress, or other purpose. Roof Sign - A sign erected over or on the roof, or extending above the roof line, which is dependent upon the roof, parapet or upper walls of any building, or portion thereof, for support. Roofline - A horizontal line intersecting the highest point or points of a roof. Runoff - Water which is not absorbed by the soil or landscape to which it is applied and flows from the area. Runoff Coefficient - The ratio of the amount of rain which runs off a surface to that which falls on it, a factor from which runoff can be calculated. Sandwich or Sidewalk Sign - A moveable sign not secured or attached to the ground constructed in such a manner as to form an "A" or a tent-like shape, hinged or not hinged at the top. Search Ring - The geographic area in which a provider's antenna is intended to be located to serve the provider's coverage area. Sediment - The mineral or organic particulate material that is in suspension or has settled in surface waters or groundwaters. Setback - A perpendicular measurement made from all property lines where contstruction of the principal structure is prohibited Page 440 of 719 ~ 30 ~ Shade Tree - Any species of tree identified in section 6.08.09 that is well-shaped, well-branched and well-foliated, which normally grows to an overall height of at least 25 feet and normally develops an average mature spread of crown greater than 20 feet in the city. Shrub - A woody perennial plant differing from a perennial herb by its persistent and woody stems and from a tree by its low stature and habit of branching from the base. Sidewalk or Sandwich Sign - A moveable sign, no greater than six square feet, not secured or attached to the ground or any building or structure and displayed in or proximate to areas of pedestrian traffic. Sign - Any writing, pictorial presentation, number, illustration, or decoration, banner or pennant, or other device which is used to announce direct attention to, identify, advertise, or otherwise make anything known. The term "sign" shall not be deemed to include the terms "building" or "landscaping," or any architectural embellishment of a building not intended to communicate information. Sign Face - The part of a sign that is or may be used for copy. Sign Face Area - The area of any regular geometric shape which contains the entire surface area of a sign upon which copy may be placed. Sign Structure - Any construction used or designed to support a sign. Significant Adverse Effect - Any modification, alteration, or effect upon a protected environmentally sensitive area which measurably reduces the area's beneficial functions as delineated in the conservation element of the city comprehensive plan. Single-Family Dwelling - A structure containing one dwelling unit, and not attached to any other dwelling unit by any means. Site - Any tract, lot or parcel of land or combination of tracts, lots, or parcels of land which are in one (1) ownership, or are contiguous and in diverse ownership where development is to be performed as part of a unit, subdivision, or project. Site (Archaeological) - The location of a significant event, activity, building, structure, or archeological resource where the significance of the location and any archeological remains outweighs the significance of any existing structures. Site Plan - A drawing, to scale, which accurately depicts the property and proposed improvements. Sketch Plan - An informal plan indicating the salient existing features of a site and its surroundings, and the general layout of a proposed development. Snipe Sign - Any sign of any material whatsoever that is attached in any way to a utility pole, tree, or any object located or situated on any public road rights-of-way, easements, or alleys. Solicitation - A request, directly or indirectly, for money, property, financial assistance, or any other thing of value on the plea or representation that such money, property, financial assistance, or other thing of value or a portion of it will be used for a charitable or sponsor purpose or will benefit a charitable organization or sponsor. The term includes, but is not limited to, the following methods of requesting or securing the promise, pledge, or grant of money, property, financial assistance, or any other thing of value: 1. Making any oral or written request; 2. Making any announcement to the press, on radio or television, by telephone or telegraph, or by any other communication device concerning an appeal or campaign by or for any charitable organization or sponsor or for any charitable or sponsor purpose; 3. Distributing, circulating, posting, or publishing any handbill, written advertisement, or other publication that directly or by implication seeks to obtain any contribution; or 4. Selling or offering or attempting to sell any advertisement, advertising space, book, card, coupon, chance, device, magazine, membership, merchandise, subscription, sponsorship, flower, admission, ticket, food, or other service or tangible good, item, or thing of value, or any right of any description in connection with Page 441 of 719 ~ 31 ~ which any appeal is made for any charitable organization or sponsor or charitable or sponsor purpose, or when the name of any charitable organization or sponsor is used or referred to in any such appeal as an inducement or reason for making the sale or when, in connection with the sale or offer or attempt to sell, any statement is made that all or part of the proceeds from the sale will be used for any charitable or sponsor purpose or will benefit any charitable organization or sponsor. A solicitation is considered as having taken place regardless of whether the person making the solicitation receives any contribution. A solicitation does not occur when a person applies for a grant or an award to the government or to an organization that is exempt from federal income taxation under section 50l(a) of the Internal Revenue Code and described in section 501(c) of the Internal Revenue Code and is duly registered with the department. Solicitor - Any person, firm, or corporation as well as their agents and employees, who engage in any means of request, directly or indirectly, for money, property, financial assistance, or any other thing of value on the plea or representation that such money, property, financial assistance, or other thing of value or a portion of it will be used for a charitable purpose or will benefit a charitable organization or sponsor. The term shall also include, but is not limited to, taking or attempting to take orders for the sale of goods, wares or merchandise, subscriptions or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of such sale or wheth er he is collecting advance payments on such sale or not; distributing, circulating, posting, or publishing any handbill, written advertisement, or other publication that directly or by implication seeks to obtain any contribution shall also be included in this term. Special Flood Hazard Area - An area in the floodplain subject to a one (1) percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. The term also includes areas shown on other flood hazard maps, if such maps are adopted by the City of Fort Walton Beach or otherwise legally designated. [Also defined in FBC, B Section 1612.2.] Start of Construction - The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B Section 1612.2.] Statuary - Any three-dimensional, man-made representation of a plant, animal or other thing intended primarily to attract attention and not intended or used to entertain or amuse customers of the business of which the statuary belongs or is part. Stormwater - The flow of water which results from, and that occurs immediately following, a rainfall. Stormwater Management System - The system, or combination of systems, designed to treat stormwater, or collect, convey, channel, hold, inhibit, or divert the movement of stormwater on, through and from a site. Stormwater Runoff - The portion of stormwater that flows from the land surface of a site either naturally, in manmade ditches, or in a closed conduit system. Street - A public or private right-of-way for vehicular traffic, including highways, thoroughfares, lanes, roads, ways and boulevards. Where access to a parcel is a two-way drive within a parking facility, the two-way drive shall be considered the street and signage located abutting the entrance side only of the drive. Page 442 of 719 ~ 32 ~ Structure - Anything constructed, installed, or portable, the use of which requires a location on a parcel of land. It includes a movable structure while it is located on land which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. "Structure" also includes fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks, and advertising signs. Specifically excluded from the definition of "structure" are canvas or vinyl covers up to 120 square feet in area. Substantial Damage - Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceeds fifty (50) percent of the market value of the building or structure before the damage occurred. [Also defined in FBC, B Section 1612.2.] Surface Water - Water above the surface of the ground, whether or not flowing through definite channels, including the following: 1. Any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water, and which has a discernible shoreline; 2. Any natural or artificial stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, street, roadway, swale or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed or banks; or 3. Any wetland. Survey - A sketch or survey prepared by a registered land surveyor and certified within the last 90 days prior to the date of application. Swimming Pool - As used in this article, the term "swimming pool" is hereby defined as a permanent receptacle for water or an artificial pool of water, having a depth, at any point, of more than two feet, intended for the purpose of immersion or a partial immersion therein of human beings, and including all pertinent equipment. Telecommunications Facilities - Antennae, towers and related accessory structures either individually or together. Temporary - Designed, constructed and intended to be used on a short-term basis. Temporary Food Service Event - Any event of 30 or fewer consecutive days in duration, advertised and recognized in the community, where food is prepared, served, or sold to the general public. Temporary Sign - An attached on-premises sign made of non-rigid materials and intended to be displayed for a limited time period. Tower - A structure, such as a lattice tower, guy tower or monopole tower, constructed as a free-standing structure or in association with a building, other permanent structure or equipment, on which is located one or more antennae intended for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication. The term includes microwave towers, common carrier towers, and cellular telephone towers. Tree - Any self-supporting, woody plant of a species which normally grows to an overall height of at least 12 feet and normally develops an average mature spread of crown greater than 12 feet in the city. Tree Protection Zone - A circular zone around each protected tree defined as follows: 1. If the dripline is less than six feet from the trunk of the tree, the zone shall be that area within a radius of six feet around the tree. 2. If the dripline is more than six feet from the trunk of the tree, but less than 20 feet, the zone shall be that area within a radius of the full dripline around the tree. 3. If the dripline is 20 feet or more from the trunk of the tree, the zone shall be that area within a radius of 20 feet around the tree. Tree Removal - Any act which causes a tree to die within a period of two years, such acts including, but not being limited to: 1. Cutting; 2. Inflicting damage upon a root system by machinery, storage of materials, or soil compaction; Page 443 of 719 ~ 33 ~ 3. Changing of the natural grade above or below a root system or around the trunk; 4. Inflicting damage on a tree; 5. Permitting infection or pest infestation; 6. Excessive pruning; or 7. Paving with concrete, asphalt or other impervious material within such proximity as to be harmful to a tree. Unit - That part of a multiple-occupancy complex housing one occupant. Use - The specific purpose, activity, or function for which land, a building, a lot, a sign, or a structure is intended, designated, arranged, occupied, or maintained. Variance - A grant of relief from the requirements of Section 5.05.00, or the flood load and flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that, would not otherwise be permitted by this LDC or the Florida Building Code. Vehicle Sign - A sign affixed to or painted on the surface of a transportation vehicle, including automobiles, trucks, boats, and trailers. Vehicular Use Area - Any ground surface area, excepting public rights-of-way, used by any type of vehicle, whether moving or at rest, for the purpose of, including, but not limited to, driving, parking, loading, unloading, storage or display, such as, but not limited to, new and used car lots, activities of a drive -in nature in connection with banks, restaurants, service or filling stations, grocery or convenience stores, and other vehicular uses under, on, or within buildings. Vines - Any of a group of woody or herbaceous plants which may climb by twining or which normally require support to reach mature form. Visual Screen - A barrier of living or nonliving landscape material put in place for the purpose of separating and obscuring from view those areas so screened. Wall Sign - A sign, painted on an exterior wall, or a separate structure which is approximately parallel to and supported by a wall or other enclosure, and protrudes no more than six (6) inches from the wall surface. Water Body - Any natural or artificial pond, lake, reservoir, or other area with a discernable shoreline which ordinarily or intermittently contains waters. Water or Waters - This term means, but is not limited to, water on or beneath the surface of the ground or in the atmosphere, including natural or artificial watercourses, streams, rivers, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground. Water Use Zone - A grouping of sprays, sprinklers, or micro irrigation emitters so that they can be operated simultaneously by the control of one (1) valve according to the water requirements of the plants used. Waterbody or Surface Waterbody - Any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water and which has a discernible shoreline. Watercourse - A river, creek, stream, channel, or other topographic feature in, on, through, or over which water flows at least periodically. Water's Edge or Wetland's Edge - The water's or wetland's edge shall be determined by whichever of the following indices yields the most landward extent of waters or wetlands: 1. The boundary established by the average annual high water mark; 2. The landward boundary of hydric soils; or 3. The landward boundary of wetland vegetation, based on the wetland vegetation index. Waters of the State - Includes, but is not limited to, rivers, lakes, streams, springs, impoundments, wetlands, and all other waters or bodies of water, including fresh, brackish, saline, tidal, surface, or underground waters. Wellhead Protection Area - A diameter of 200 feet around a well site where no other land use is permitted. Page 444 of 719 ~ 34 ~ Wetlands - Areas saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a dominance of vegetation adapted for life in saturated soil conditions. Wetlands covered under this chapter shall include the following: 1. Areas within the dredge and fill jurisdiction of the State Department of Environmental Protection. 2. Areas within the jurisdiction of the U.S. Army Corps of Engineers, as authorized by Section 404, Clean Water Act of section 10, River and Harbor Act. 3. Areas within the jurisdiction of the Northwest Florida Water Management District. 4. Areas identified by the state natural areas inventory. Window Sign - A sign affixed or applied to the exterior of a window, or located on the inside of a window or within ten (10) feet of a window or enclosed structure, and which is visib le from the street or building exterior through a window or other opening. Yard - An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except by fences, trees, or shrubbery or as otherwise provided in this LDC. Yard, Front - The area between the front building line and the any front lot line and the nearest building line of the primary structure Yard, Front, Primary – The area between any front lot line and the nearest building line of the primary structure face containing the front door Yard, Front, Secondary – Any front yard that is not a primary front yard Yard, Rear -– The area between the rear building line, and the any rear lot line and the nearest building line of the primary structure Yard, Side - The area between a side building line, and theany side lot line and the nearest building line of the primary structure Zone of Exclusion - All land within a 200-foot radius of an existing or designated protected wellhead. No development activities shall take place in the zone of exclusion. Page 445 of 719 ~ 35 ~ CHAPTER 3 ADMINISTRATIVE PROCEDURES 3.00.00 - GENERALLY 3.00.01 - Purpose The purpose of this Section is to establish the standards and procedures for review of proposed development within the City of Crestview. This section also provides the development review processes that implement the goals, objectives, and policies of the City of Crestview Comprehensive Plan and the other regulations of this Land Development Code. 3.00.02 - Classification of Development Review Procedures A. All development applications are subject to review requirements outlined in this Section. B. Development applications are classified according to the decision-making authority for each type of application, as set forth below. 1. Administrative. The following development applications shall be treated as administrative decisions: a. Zoning or Flood Zone Verification Letters b. Administrative Interpretations & Similar Use Determinations c. Lot Splits and lot line adjustments d. Special Exception Uses e. Administrative Waivers f. Development Orders g. Administrative Permits h. Temporary Use Permits i. Business Tax Receipts j. Minor Re-plats k. Alcohol Beverage License Review l. Appeals of Administrative Decisions 2. Quasi-judicial. The following shall be treated as quasi-judicial decisions: a. Variances b. Vacations - ROW/Easement/Lot/Plat c. Conceptual Plats d. Final Plats e. PUDs and PUD Amendments - Major f. Zoning Changes (Rezoning) g. Appeals of Quasi-Judicial Decisions 3. Legislative. The following shall be treated as legislative decisions: a. Annexations b. LDC Text Amendments c. Future Land Use Map Amendments d. Comprehensive Plan Amendments e. Appeals of Legislative Decisions 3.00.03 - Development Approval Process Table 3.00.03 shows the development review process, the decision-making authority for each type of development approval, and the appeal authority for each type of decision. Page 446 of 719 ~ 36 ~ Table 3.00.03 - Development Approval and Required Notice Decision Maker Re c o m m e n d a t i o n De c i s i o n M a k e r Required Notice Re c o r d i n g PA Planning Administrator Po s t e d Ma i l e d Pu b l i s h e d DIR Director of Community Development Services PDB Planning and Development Board CC City Council CRT Okaloosa County Clerk of Court CDS Community Development Services Clerk City Clerk Application Type Ad m i n i s t r a t i v e a Zoning or Flood Zone Verification Letters PA CDS b Administrative Interpretations & Similar Use Determinations PA DIR CDS c Lot Splits and lot line adjustments PA CRT d Special Exception Uses 0F 1 PA DIR X X X Clerk e Administrative Waivers PA DIR CDS f Development Orders PA DIR X Clerk g Administrative Permits PA CDS h Temporary Use Permits PA CDS i Business Tax Receipts PA Clerk j Minor Re-plats PA CRT k Alcohol Beverage License Review PA Clerk l Appeals of Administrative Decisions1F 2 DIR PDB CC CRT X Clerk Qu a s i -Ju d i c i a l a Variances DIR PDB X X X Clerk b Vacations – ROW/Easement/Lot/Plat PDB CC X X Clerk c Conceptual Plats PDB CC X CDS d Final Plats PDB CC CRT e PUDs and PUD Amendments - Major PDB CC X Clerk f Zoning Changes (Rezoning) PDB CC X X X Clerk g Appeals of Quasi-Judicial Decisions 2F 3 PDB CC CRT X CRT Le g i s l a t i v e a Annexations PDB CC X X X CRT b LDC Text Amendments PDB CC X Clerk c Future Land Use Map Amendments PDB CC X X X Clerk d Comprehensive Plan Amendments PDB CC X Clerk e Appeals of Legislative Decisions3F 4 CC CRT X CRT 1 Special Use Exceptions: more information can be found at 3.04.04. 2 Appeals of Administrative Decisions: more information can be found at 9.03.00. 3 Appeals of Quasi-Judicial Decisions: more information can be found at 9.03.00. 4 Appeals of Legislative Decisions: more information can be found at 9.03.00. Page 447 of 719 ~ 37 ~ 3.00.04 - Application Timeline Table Table 3.01.00.2 defines the application timelines for each application type. Table 3.01.00.2 - Application Timelines4F 5 5F 6 Application Types Ap p l i c a t i o n R e c e i v e d De t e r m i n e C o m p l e t e n e s s Re s p o n s e t o A p p l i c a n t Ap p l i c a n t R e s o l v e De f i c i e n c i e s Te c h n i c a l R e v i e w Re s p o n s e t o A p p l i c a n t Ap p l i c a n t R e v i s i o n s 6F 7 Re s u b m i t t a l 7F 8 Re s u b m i t t a l R e v i e w 8F9 Ap p r o v a l o r D e n i a l - or mo v e t o P D B & C o u n c i l Mi n i m u m D a y s Ma x i m u m D a y s Supplemental Standards Day 1 Days 2-3 Day 4 Days 5-19 Days 20-34 Day 35 Days 36-50 Day 51 Days 52-66 Day 67 15 67 Special Exception Uses Day 1 Day 2 Day 3 Day 4 Days 5-7 Day 8 Days 9-11 Day 12 Days 13-15 Day 16 10 16 Development Order Day 1 Days 2-4 Day 5 Days 6-20 Days 21-35 Day 36 Days 37-67 Day 68 Days 69-83 Day 84 15 84 Variances Day 1 Day 2 Day 3 Day 4 Days 5-7 Day 8 Days 9-11 Day 12 Days 13-15 Day 16 10 16 Vacations - ROW/Easement/Plat Day 1 Day 2 Day 3 Day 4 Days 5-7 Day 8 Days 9-11 Day 12 Days 13-15 Day 16 10 16 Conceptual Plat Day 1 Days 2-3 Day 4 Days 5-19 Days 20-34 Day 35 Days 36-50 Day 51 Days 52-66 Day 67 15 67 Final Plats Day 1 Day 2-3 Day 4 Days 5-19 Days 20-34 Day 35 Days 36-50 Day 51 Days 52-66 Day 67 15 67 Planned Unit Development Day 1 Days 2-4 Day 5 Days 6-20 Days 21-51 Day 52 Days 53- 113 Day 114 Days 115- 145 Day 146 70 146 Zoning Changes Day 1 Day 2 Day 3 Day 4 Days 5-7 Day 8 Days 9-11 Day 12 Days 13-15 Day 16 10 16 Annexations Day 1 Day 2 Day 3 Day 4 Days 5-7 Day 8 Days 9-11 Day 12 Days 13-15 Day 16 10 16 LDC Text Amendments Day 1 Day 2-3 Day 4 Days 5-19 Days 20-34 Day 35 Days 36-50 Day 51 Days 52-66 Day 67 15 67 Future Land Use Maps Amendments Day 1 Day 2 Day 3 Day 4 Days 5-7 Day 8 Days 9-11 Day 12 Days 13-15 Day 16 10 16 Comprehensive Plan Amendments Day 1 Days 2-3 Day 4 Days 5-19 Days 20-34 Day 35 Days 36-50 Day 51 Days 52-66 Day 67 15 67 Staff will provide a process calendar upon request to include all relevant dates and deadlines. 3.00.05 - Application submittals A. Unless otherwise indicated by a specific provision of this Chapter, the applicant for a development order, permit, or approval under this Code must be the owner of the property that is the subject of the application or a duly authorized agent of the owner. An applicant who is a contract purchaser must provide proof that the applicant is an authorized agent for the property owner. 5 The Director may extend review periods by notifying the applicant in writing prior to the due date. 6 The applicant may request an extension to a time period by submitting the request in writing. The request may be approved or denied at the discretion of the Director. 7 Subsequent resubmittals will follow the same number of days as stated in the above table. 8 Subsequent resubmittals will follow the same number of days as stated in the above table. 9 Subsequent resubmittals will follow the same number of days as stated in the above table. Page 448 of 719 ~ 38 ~ 1. For applications to vacate any portion of a platted subdivision, the Homeowners Association (HOA) must provide their approval in writing. 2. Unless otherwise indicated by a specific provision of this Chapter or another City ordinance or regulation, applications for development orders, permits and approvals under this Chapter shall be submitted to Community Development Services. B. Applications shall contain all information required for the type of application being submitted and shall include all plans, data and supporting documentation as required under this code or specified within the application form(s). C. Community Development Services shall establish application forms and submittal requirements for all development applications referenced in this Article. D. Proof of Public Notice shall be required in accordance with Table 3.02.01. E. Applications for various approvals and permits may be submitted for concurrent or simultaneous review. 1. Development order applications and permit applications may be submitted upon adoption of an annexation ordinance but will not be approved until the Comprehensive Plan amendment and zoning change ordinances are adopted. F. The Community Development Services Director shall have the discretion to require a PDB review of a development order application, or administrative permit review for development of buildings, structures, improvements and installations when the director or the City Attorney deems that such review is necessary to protect due process or in cases where a conflict may exists. 3.00.06 - Pre-application meetings A. Pre-application meetings are required for all Subdivision Development and Planned Unit Development (PUD) applications. 1. All other applications for development do not require a pre-application meeting. However, they are highly encouraged. B. Upon request of an applicant, the Director or designee, may schedule a pre-application meeting with applicants and appropriate City staff, for the purpose of reviewing a proposed development prior to the formal submission of an application. C. The pre-application meeting shall be informal, and its purpose shall be to discuss the proposals, views, and concepts of the applicant. The purpose is also to discuss whether any additional information will be required. 1. Failure of staff to identify any required permits, procedures, or improvements at a pre-application meeting shall not relieve the applicant of any such requirements or constitute waiver of the requirement by the decision-making body. D. At the pre-application meeting staff will: 1. Review the proposed project and any preliminary plans with the applicant. 2. Discuss and inform the applicant about the zoning requirements relevant to the proposal, information necessary for an application, and the approval process(es) for the development. This does not preclude the department from requesting additional information or waiving certain requirements for information later during the review process. 3. Advise the applicant whether the proposed project conforms to the Comprehensive Plan or the requirements of this Chapter. E. Any recommendations or determinations reached during pre-application meetings are purely advisory and shall not be binding. 3.00.07 - Fees Required Each applicant for a development order, permit, approval, variance or appeal under this Article shall be required to pay any application fee(s) as established in the Comprehensive Fee Schedule. 3.00.08 - Complete Applications Required No application for a development order, permit, approval, variance or appeal under this Article shall be accepted or reviewed by staff that does not include all required application materials and the required application fee(s). The burden of providing complete and accurate information required by Community Development Services for each type of application shall be on the applicant. Page 449 of 719 ~ 39 ~ 3.00.09 - Determination of Completeness A. When an application for development order, permit, approval, variance or appeal is submitted, the Planning Administrator, or designee, where applicable, shall determine whether the application is complete and in conformance with this Land Development Code and Comprehensive Plan. B. All applications shall be reviewed for completeness within ten three days of receipt. If the application does not meet the requirements of this Article, the department shall notify the applicant or agent in writing, to include electronic messaging, stating the additional information required or the modification(s) necessary for conformance with the code. C. No further action shall be taken on any application unless and until the additional information is submitted and determined to be complete by the administrator. D. If the deficiency has not been remedied within sixty days of receipt of notice thereof, the application shall be automatically voided, and the Planning Administrator shall return the application to the applicant. E. Review. When an application for development order, permit, approval, variance or appeal is determined to be complete, the department shall notify the applicant, and commence review and processing of the application in accordance with this Code. 3.00.10 - Review for Sufficiency and Code Requirements A. Once an application is determined to be complete, City staff shall review the application, consult with other agencies, issue comments to the applicant, consult with the applicant as necessary, and determine if the application and supporting materials are sufficient to proceed forward. B. Sufficiency determination timelines will vary dependent upon the application type. C. For the purposes of this section, "sufficiency" shall constitute an analysis of the application to ascertain if the application: 1. Meets the stated objective requirements of the Comprehensive Plan, this Code, and the City Code of Ordinances; and 2. Includes the necessary analysis and information, in sufficient detail, to enable the decision-making body or official to make the necessary determinations under the Comprehensive Plan and this Code. 3. The sufficiency and code requirements set forth herein shall be used by the City to evaluate the demands created on public services and facilities by a proposed development, as required by this code and the Comprehensive Plan, to ensure level of service standards. The following public services and facilities shall be evaluated: a. Potable water; b. Sanitary Sewer; c. Stormwater and Drainage facilities; d. Environmentally sensitive lands; e. Parks and open space; f. Police and Fire protection; g. Solid waste; h. Transportation facilities. D. If an application is determined to be insufficient, staff shall notify the applicant or agent in writing, to include electronic messaging, stating the additional information required or the modification(s) necessary. E. No further action shall be taken on an application which is determined to be insufficient until the insufficiencies are resolved. If the insufficiencies have not been remedied within sixty days, the Planning Administrator may void the application. 3.00.11 - Decision Making A. Administrative approvals. Upon determination that an application and all supporting information are sufficient to render a decision, the Planning Administrator, or designee, shall prepare a report and recommendation to the Director. The Director shall take administrative action required by this code and approve the application, approve the application with conditions, or deny the application. Page 450 of 719 ~ 40 ~ B. Quasi-judicial and Legislative approvals. Upon determining that an application and all supporting information are sufficient to render a decision and any inadequacies have been resolved, the Director or designee shall prepare a report and recommendation to the appropriate decision-making or recommending body. 3.00.12 - General Review Procedure A. General Requirements for all applications. 1. Applications for orders, permits or approvals shall be submitted on forms supplied by the Department and any required supporting documentation, plans, or materials required by this Code or specified within the application form(s). 2. Applications shall include any required fee(s) as established by the City Council. 3. Incomplete applications will not be accepted. B. Withdrawal of applications. An applicant may withdraw an application at any time by submitting a letter of request to the department or providing testimony of the requested withdrawal in a public hearing. C. Effective date. All permits shall take effect on the day following the expiration of any appeal period as provide in this Code. D. Reliance on permits during pendency of appeals. Any action(s) taken by a permittee during the pendency of an administrative or quasi-judicial appeal shall be at the sole risk of the permittee. 3.01.00 - PLANNING AND DEVELOPMENT BOARD Pursuant to and in accordance with F.S. § 163.3174 and the Local Government Comprehensive Planning and Land Development Regulation Act, as amended, the City Council finds that land use planning and a continuity of growth management within the City benefits the public’s health, safety, and welfare. The City Council further finds that this public purpose can best be achieved by establishing the Planning and Development Board, which is established and designated as the Local Planning Agency (LPA) for the City of Crestview. 3.01.01 - Powers and Duties A. Pursuant to and in accordance with F.S. § 163.3174 of the Local Government Comprehensive Planning and Land Development Regulation Act, the City Council finds that there is a public purpose in coordinating the planning of the City with the Okaloosa County School Board. B. The Planning and Development Board/Local Planning Agency (hereinafter Board or PDB) shall have the authority and responsibility to review land use in the City and evaluate planning and regulatory methods and systems for resolving physical, economic, social, environmental and fiscal issues. The City Council directs the Board to carry out functions and powers identified in this Land Development Code. 1. The Board shall use the power and authority conferred upon it by this Land Development Code (LDC) to further its stated public purposes. C. The Board shall receive and hear appeals in cases involving the LDC. D. The Board shall receive and hear applications for special exceptions/uses and variances to the terms of this LDC, and grant relief where authorized under this LDC. The Board shall also hear, determine and decide appeals, reviewable interpretations, applications or determinations made by an administrative official in the enforcement of this LDC, as provided herein. E. The Board shall have any other powers or duties delegated by the City Council. 3.01.02 - Membership, Vacancy, Compensation A. Membership. The Board shall consist of five core members. All members shall be residents of the City and will be appointed by a majority vote of the City Council. The term of office for each member shall be three years, or until a successor is appointed. Terms of office shall commence on the first day of March of the year in which appointed. B. Ex Officio Members. In addition to the five members, there may be two ex officio members. One may be selected by the Okaloosa County School Board and one may be selected by the Commander at Eglin Air Force Base. Each ex officio member may participate in all discussions of the Board in the same manner and to the same extent as the other members of the Board. The ex officio member may not vote. Each ex officio member may serve at the sole discretion of their represented agency. Page 451 of 719 ~ 41 ~ C. Alternate Members. In addition to the five members, two alternate members may be appointed by a majority vote of the City Council to serve as alternates for the term of one year, or until a successor is appointed. Alternate members shall be residents of the City. Alternate members shall substitute for absent members on a rotating basis. When substituting for an absent member, an alternate member may vote and participate in all discussions of the Board in the same manner and to the same extent as the other members of the Board. When not substituting for an absent member(s), alternate members shall not vote on any matter, but may participate in all discussions in the same manner and to the same extent as the other members. Board members and alternate members shall be subject to any forfeiture of office provisions of the Crestview Code of Ordinances. Whenever a vacancy occurs on the Board, the City Council shall fill the vacancy for the remainder of the term as soon as practicable after the vacancy occurs. D. Vacancies. If a vacancy occurs on the Board as the result of a resignation, death, or removal of a member, the senior alternate member shall temporarily fill such vacancy without action by the City Council, until the City Council appoints a successor regular member. In the event both alternates have served for the same continuous period of time then the alternate who is next scheduled to substitute for an absent regular member according to the rotation schedule shall temporarily fill the vacancy until the City Council appoints a successor. In the event that the alternate member dies, resigns, is removed, or becomes a member, the City Council shall promptly appoint a qualified person to the unexpired term of the alternate. 1. In the event a vacancy occurs on the Board; an alternate member may apply to be a regular member in the same manner as other applicants. In the event an alternate member is appointed as a regular member, then such appointment shall simultaneously terminate such person's position as an alternate member. In that event, the City Council may then appoint another person to fill the resulting alternate member vacancy. E. Attendance. In the event any member should miss three meetings in a 12-month period without justification, they shall be considered as resigned from the board. In that event, the City Council may then appoint another person to fill the resulting vacancy. 1. Alternate members may be allowed to miss up to five meetings in a 12-month period without justification. 2. In the event of an absence of any member, the Chairman of the Board shall determine if Staff had any contact with the absent member providing the reason for the said absence. With that information the Chairman shall ask for a motion and to excuse or not excuse the absence. F. Compensation. Members of the Board shall receive no salary for their services but may receive such travel and other expenses while on official business for the City as are made available by the City Council for these purposes. 3.01.03 - Meetings, Quorum, Required Vote A. Meetings. The Board shall schedule and hold at least one public hearing each month unless there is no business to transact. The Board shall also meet at the call of the chairperson and other times as may be determined by a majority of the Board. B. Quorum 1. Three voting members of the Board shall constitute a quorum for the transaction of business. A smaller number may act only to adjourn meetings for lack of a quorum. 2. The affirmative vote of a simple majority of the quorum shall be required to pass any action of the Board. 3. A member who is present shall vote unless disqualified. C. Officers. The Board shall annually elect a chairperson and a vice-chairperson from among its members. All officers shall be elected for one-year terms and shall be eligible for re-election. 3.01.04 - Staff, Attorney A. Staff. Community Development Services shall provide staff support as necessary to the planning functions of the Board, provide secretarial support for the Board in the execution of its duties, and record and transcribe in summary form, the minutes of all Board meetings. B. Staff shall keep minutes of all meetings and records of all transactions and deliberations. Such minutes and records shall be filed in the appropriate offices of the City and shall be public records. C. Attorney. The City Attorney shall serve as legal counsel to the Board. Page 452 of 719 ~ 42 ~ 3.01.05 - Rules and Records A. The Board shall adopt its own rules of procedure as deemed necessary; provided such rules shall not be contrary to the spirit and intent of the Land Development Code, to the policies of the City, or to the requirements of the State. B. All meetings of the Board shall be open to the public. C. The Board shall set up rules of procedure to monitor and oversee the effectiveness and status of the Comprehensive Plan in order to make any recommendations to the City Council for revisions to the Comprehensive Plan, consistent with the intent and purpose of the Land Development Code. 3.02.00 - PUBLIC NOTICE AND HEARINGS 3.02.01 - Public Notice Requirements A. Public Hearing Notice Requirements 1. Required notice of public hearings. When required by this code, notice of public hearings shall be provided by publication of an advertisement in a newspaper of general circulation, mailed notice to surrounding property owners, or posting of the development site pursuant to the requirements of this section. a. Table 3.02.01 summarizes the public hearing notice requirements for the administrative, quasi-judicial and legislative applications under this Code. B. Website posting. When required by this code, notices of public hearings for development applications may be posted on the City of Crestview website. Failure to post an action on the City website shall not constitute a violation of noticing requirements. In addition, information about public notice and public hearings may be posted by the City on social media outlets. C. Publication. When required by this code, publication of advertisements for public hearings shall meet the minimum requirements outlined in the various sections of Florida Statutes pertaining to individual application types and at least ten days prior to any quasi-judicial hearing taking up an application type not governed by Florida Statutes. D. Posting. When required by this code, the application site shall be posted with a notice of the public hearing on a sign provided by Community Development Services at least fourteen days in advance of the first public hearing. 1. The number and placement of public notice signs shall be determined by the administrator. 2. The signs shall be removed by the applicant or the City after a final decision. 3. Application types requiring Administrative decision shall require posting, on-site, at least 14 days prior to the final decision. 4. When the Director determines an application requires quasi-judicial review, the on-site posting shall be considered satisfied if not removed until after a final decision. E. Mailed notice. When required by this code, notice of a public hearing on a proposed development application shall be mailed to all owners of real property within three hundred feet of the boundary line of the subject property, whose names and addresses are listed on the latest published ad valorem tax records of the Okaloosa County Property Appraiser. F. Content. Generally, all public hearing notices shall contain the following information: 1. The scheduled date, time, and location of the hearing(s); 2. A general layman’s description of the nature of the matter to be addressed; 3. The address of the property or parcel identification number when an address has not been assigned; 4. That persons may appear and be heard; 5. That written comments filed with the department will be entered into the record; 6. That the hearing may be continued as necessary; 7. A telephone number and contact for more information; 8. The case number or title of the ordinance under consideration, if applicable; and 9. Such additional information as may be required pursuant to this code or applicable law for specific types of development approval. G. Timing of mailed notice. Notice shall be mailed a minimum of twenty-one days prior to the date set for the first public hearing by first class mail. A copy of the notice shall be available for public inspection during regular business hours at Community Development Services. If the application includes simultaneous or concurrent actions, such as annexation, future land use map amendment and a rezoning, the notice may include all actions. Page 453 of 719 ~ 43 ~ H. Electronic Notice. Community Development Services may, as a courtesy, send an electronic notice to any person(s) or organization(s) in the City, or to any governmental, public, or quasi-public organization(s) regarding any matter that may affect the interests of that person or organization, or on any matter on which any such person or organization has requested notice. 1. The failure of the Department to send such notice or the failure of any resident or property owner to receive such courtesy notice shall not affect the validity of the public notice requirements. I. Exceptions to Mailing and Posting. The mailing and posting notice requirements shall not apply to a land use map amendment initiated by the Council, in response to a judicial order or compliance agreement as described by Florida Statutes. J. Continued or Rescheduled Meetings. Notice of subsequent hearings shall be mailed and published in accordance with this section for: 1. Any hearing for which the PDB, Community Development Services Director, City Manager, or City Attorney determines new notice should be provided, because of the time elapsed from the original notice, to correct any defect, or apprise affected parties of significant changes to the application as originally noticed; 2. Any hearing continued to an unspecified date, time, and place; or 3. Any hearing where such new notice is required pursuant to applicable law or this Code. Page 454 of 719 ~ 44 ~ Table 3.02.01 - Development Application Notice Requirements Application Type Notice and Timing Requirements Posted Notice Mailed Notice Published Notice Special Exception Uses Posted at least fourteen days prior to the public hearing. Sent first-class at least ten days prior to the public hearing Published at least ten days prior to public hearing. Development Orders Property posted at least fourteen days prior to decision. N/A N/A Appeals of Administrative Decisions N/A N/A Published at least ten days prior to public hearing. Variances Property posted at least fourteen days prior to the public hearing. Sent first-class at least ten days prior to the public hearing Published at least ten days prior to public hearing. Vacations - ROW/Easement/Lot/Plat Property posted at least fourteen days prior to decision. N/A Published in conformance with Florida Statutes. Conceptual Plats Property posted at least fourteen days prior to decision. N/A N/A Planned Unit Developments Property posted at least fourteen days prior to decision. N/A N/A Zoning Changes (Rezoning) Property posted at least fourteen days prior to the public hearing. Sent first-class to all property owners within three hundred feet, twenty-one days prior to first public hearing. Published in conformance with Florida Statutes Appeals of Quasi-Judicial Decisions N/A N/A Published at least ten days prior to public hearing. Annexations Property posted at least fourteen days prior to the public hearing. Sent first-class to all property owners within three hundred feet, twenty-one days prior to first public hearing. Published in conformance with Florida Statutes LDC Text Amendments N/A N/A Published in conformance with Florida Statutes Future Land Use Maps Amendments Property posted at least fourteen days prior to the public hearing. Sent first-class to all property owners within three hundred feet, twenty-one days prior to first public hearing. Published in conformance with Florida Statutes Comprehensive Plan Amendments N/A N/A Published in conformance with Florida Statutes Appeals of Legislative Decisions N/A N/A Published at least ten days prior to public hearing. Page 455 of 719 ~ 45 ~ 3.02.02 - Public Hearing Requirements and Procedures. A. Scheduling for consideration. When an application is deemed sufficient pursuant to this LDC, the department shall schedule a public hearing(s). No application shall be scheduled for consideration by the Planning and Development Board (PDB), or City Council until either: 1. All deficiencies have been resolved; or 2. The applicant has, in writing, asked to proceed notwithstanding the unresolved deficiencies, guaranteed that any insufficiencies will be resolved prior to development order issuance, and indicate that he or she is fully aware that approval is not guaranteed. B. Public Hearing Procedures. 1. General. All public hearings shall be open to the public. Members of the public, with standing, shall be permitted to testify at all public hearings. 2. The applicant may withdraw an application by requesting such withdrawal in writing prior to the commencement of the hearing or by withdrawing the application on the record at the start of the public hearing. 3. Record of hearings. The City Clerk, or designee shall attend all hearings, and the City will whenever possible record (audio, video, or both) all hearings. The City shall retain the original recording(s) in accordance with the laws of the State of Florida, and, if requested, provide a duplicate of the recording(s). 4. Official file. All written communication received by the decision-making body or staff concerning an application, by the public, and all other documents pertaining to the application shall be filed in the official project file, which shall be maintained by staff. a. The Comprehensive Plan, the City Code of Ordinances, and the Land Development Code shall be deemed to be part of the official file. The official file shall be available for inspection during normal business hours. 5. Order of public hearings. The hearing shall, to the extent possible, be conducted as follows: a. The Council President / Mayor shall open the Public Hearing. b. The City Clerk shall read into the record the ordinance or resolution title and number, or the applicant's name, file number, and the subject matter to be decided if there is no ordinance or resolution. c. For quasi-judicial hearings, the applicant, staff, and all parties with standing and requesting to speak or present evidence or both at the hearing, shall be collectively sworn in by an oath or affirmation by the City Attorney. d. The applicant may waive their right to a quasi-judicial or evidentiary hearing if the applicant agrees with staff's recommendation and no one from the audience wishes to speak for or against the application. e. The decision-making body may then vote on the item, rule on the matter or make a recommendation, based upon the staff report and any other materials contained within the official file. (1) Regardless of a waiver by the applicant, a public hearing shall be held for all decisions requiring an ordinance or resolution. f. If there is a quasi-judicial hearing, the order of the presentation shall be as follows, unless the Chair / Mayor determines to proceed in a different order, taking proper consideration of fairness and due process: (1) Staff shall make presentation, including offering any documentary evidence, and introduce any witnesses. (2) Staff shall have the responsibility of presenting the case on behalf of the city. The staff report shall be made available to the applicant and the decision-making body no later than five business days prior to the quasi-judicial hearing. Staff shall present a brief synopsis of the application; introduce any additional exhibits from the official file that have not already been transmitted to the City Council with the agenda materials, summarize the issues, and make a recommendation on the application. Staff shall also introduce any witnesses to provide testimony at the hearing. (3) Public comment. Participants with standing, in opposition to or in support of the application shall make their presentation in any order as determined by the Chair / Mayor. The Chair / Mayor may set time limits for testimony when deemed appropriate. All participants with standing will be afforded an opportunity to speak. Page 456 of 719 ~ 46 ~ (4) Public at large. The general public, those members without standing in the quasi-judicial proceedings, shall be afforded the opportunity to speak on the subject. Each member of the general public wishing to speak shall present their argument in less than three minutes. (5) For hearings on quasi-judicial matters only, the applicant may cross-examine any witness and respond to any testimony presented. (6) For hearings on quasi-judicial matters only, staff may cross-examine any witness and respond to any testimony presented. (7) The Chair / Mayor may choose to allow participants to respond to any testimony if he or she deems the response to be essential in ensuring fairness and due process. (8) Members of the Planning and Development Board or City Council may ask any questions of the staff, applicant, and participants. (9) Final argument may be made by the applicant, related solely to the evidence in the record. (10) Final argument may be made by the staff, related solely to the evidence in the record. (11) For good cause shown, the PDB or City Council may grant additional time to any of the above time limitations. (12) The Chair or Mayor shall keep order, and without requiring an objection, may direct a party conducting the direct examination or the cross-examination to stop a particular line of questioning that, in the sole judgment of the Chair or Mayor merely harasses, intimidates, or embarrasses the individual testifying or being cross-examined; is unduly repetitious, is not relevant; or is beyond the scope of the application or, in the case of cross-examination, is beyond the scope of the testimony by the individual being cross-examined. If the party conducting the direct examination or cross-examination continues to violate directions from the Chair or Mayor to end a line of questioning deemed improper as set forth herein, the Chair or Mayor may terminate the direct examination or the cross-examination. (13) The PDB or City Council may, on its own motion or at the request of any person, continue the hearing to a fixed date, time, and place. The applicant shall have the right to one continuance; however, all subsequent continuances shall be granted at the sole discretion of the PDB or City Council. g. Decisions. For all quasi-judicial hearings in which a decision is made regarding an application for any development order or administrative permit, the decision to approve or deny shall be based on the application meeting all applicable requirements of the Comprehensive Plan, the City Code of Ordinances, and the Land Development Code, based on the entirety of the record before the PDB or City Council. The PDB or Council decisions must be based upon competent substantial evidence in the record. 6. Rules of Evidence for quasi-judicial hearings. a. The decision-making body shall not be bound by the strict rules of evidence and shall not be limited only to consideration of evidence which would be admissible in a court of law. b. The Chair or Mayor may exclude evidence or testimony that is not relevant, material, or competent or testimony which is unduly repetitious or defamatory. c. The Chair or Mayor, with the advice of the City Attorney, will determine the relevancy of evidence. d. Matters relating to an application's consistency with the Comprehensive Plan, the City Code of Ordinances, or the Land Development Code will be presumed to be relevant and material. e. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient by itself to support a finding unless it would be admissible over objection in court. f. Documentary evidence may be presented in the form of a copy of the original, if available. A copy shall be made available to the decision-making body and to the staff no later than three business days prior to the hearing on the application. Upon request, the applicant and staff shall be given an opportunity to compare the copy with the original. Oversized exhibits shall be copied and reduced for convenient record storage. g. Only the applicant, an authorized representative of the applicant, staff, and the decision-making body shall be entitled to conduct cross-examination when testimony is given, or documents are made part of the record. Page 457 of 719 ~ 47 ~ h. The City Attorney shall represent the decision-making body and advise it as to procedures to be followed. i. The PDB or City Council shall take judicial notice of all state and local laws, ordinances, and regulations and may take judicial notice of such other matters as are generally recognized by the courts of the State of Florida. j. Supplementing the record after the quasi-judicial hearing is prohibited, unless specifically authorized by an affirmative vote of the decision-making body, or authorized under the following conditions: (1) The supplementation occurs after a quasi-judicial hearing is continued but prior to final action being taken on the application or appeal. (2) If a question is raised by the PDB or City Council at the hearing which cannot be answered at the hearing, the party to whom the question is directed will submit the requested information in writing to the City Clerk and the decision-making body after the quasi-judicial hearing, with copies to the other parties, provided the hearing has been continued or another hearing has been scheduled for a future date and no final action has been taken by the decision-making body. The information requested will be presented to the decision-making body at least two business days prior to the time of the continued hearing. (3) All parties and participants shall have the same right with respect to the additional information as they had for evidence presented at the hearing. 7. Final decision. The City Council shall reach a written decision without unreasonable or unnecessary delay. A copy of the decision shall be provided to the City Clerk for transmission to the applicant, if the applicant is not the City, a copy shall be provided to the Director of Community Development Services and the City Attorney. 8. The Record. All evidence admitted into the record at the hearing, the official file, and the adopted development order, ordinance, or resolution of the City Council or the written decision shall be maintained by the City Clerk and/or Community Development Services. 9. Adjournment. The Chairperson, upon a vote of the majority present may adjourn a hearing to a date certain without the necessity of additional notice. Adjournment to an uncertain date shall require notice as required for the original hearing and by this Land Development Code. 10. Deferrals. If a hearing is concluded, but action is deferred until a future date, formal notice shall not be required prior to action being taken. 11. Joint hearings. Where deemed necessary, joint hearings may be conducted after proper public notice. In such instances, public notice need only be given by one public body, which shall be the City Council in instances where it is one of the hearing bodies. 12. Regularly scheduled public hearing dates. The City Council may establish regular dates for public hearings on zoning amendments. Such dates, if established by the City Council, shall not prevent the City Council from scheduling additional public hearings whenever such public hearings are deemed necessary. 13. Reading of ordinances. Except for ordinances initiated by the City Council which rezone a parcel or parcels of land involving ten or more contiguous acres, or change permitted, special exception, or prohibited use categories in zoning districts, all ordinances shall be read, either by title or in full, on two separate days at a duly noticed public hearing of the City Council. 14. The printed agenda for the meeting at which the quasi-judicial hearing is scheduled to take place shall identify the hearing as quasi-judicial and indicate where copies of the procedures that apply may be obtained. C. Decisions under this Article. 1. When this Article authorizes the Community Development Services Director, the PDB or City Council to make decisions under this Chapter, that decision shall be made pursuant to this Code of Ordinances and shall make the decision based on whether the application complies with this Article and any regulations authorized by this Code, and will protect the public's health, safety, and welfare. 2. Unless otherwise indicated in a provision of this Article, the Community Development Services Director, PDB, or City Council may approve the application, deny the application, or approve the application subject to conditions as stated in subsection (d) below. 3. Unless otherwise stated in this Article, or unless a different condition is attached to a development order, permit or approval, development orders, permits and approvals granted under this Article are not affected Page 458 of 719 ~ 48 ~ by changes in ownership or tenancy of the property. However, notice of ownership change and a copy of the deed shall be required. D. Conditions on Approvals. 1. The Community Development Services Director, PDB, or City Council may attach conditions to any quasi- judicial order, permit or approval under this Chapter, provided the condition is required to bring the development proposed in the application into compliance with the requirements of the Comprehensive Plan or this LDC. 2. The Community Development Services Director, PDB or City Council may also attach conditions to any quasi- judicial development order, permit or approval under this Code, provided the condition is necessary to minimize or ameliorate potential adverse impacts of the development proposal. a. Such conditions shall be reasonably related to the actual or potential impact(s) of the specific use, activity, or structure in question. E. Appeals. 1. Review by the Director. Applicants for administrative orders, permits and approvals may request a formal review by the Community Development Services Director, within seven days of the date the administrative decision was made. The request for review shall be accompanied by the approval or denial document, a detailed explanation of the reason(s) proposed for reversal of decision, required fees and any relevant documents related to the review as determined by the Planning Administrator. Upon formal request for review, the Administrator shall review the relevant standards and present a written finding to the Community Development Services Director. a. The request for review shall be considered by the Community Development Services Director within ten days of submittal of a complete request. b. The Community Development Services Director may consult with the City Attorney's office on the matter. c. The Director shall provide a written determination to affirm the staff decision, grant the relief requested in the review, with or without conditions, or respond to the applicant or respective manager for further information, documentation, or proceedings. The written determination by the Director shall be the final administrative decision. 2. Appeals of Community Development Services Director decisions (Administrative Appeal). An applicant desiring to appeal a decision of the Community Development Services Director, shall, within ten days from the date of such decision, file a written Notice of Appeal with Community Development Services. The appeal shall then be heard by the PDB, acting as the Board of Adjustment, at a regularly scheduled meeting, provided there is sufficient time to review the appeal and provide the required public notice. a. A staff or Director's recommendation is not a decision and is not appealable. 3. Appeals from decisions of the City Council or PDB. An action to review any decision of the City Council or PDB under these regulations may be taken by any person or persons aggrieved by such decision by presenting to the Circuit Court a petition for issuance of a Writ of Certiorari, duly certified, setting forth that such decision is illegal, in whole or in part, certifying the grounds of the illegality, provided same is done in the manner and within the time provided by Florida Rules of Appellate Procedure. 4. Stay of proceedings. An appeal shall stay all proceedings in the matter appealed from until the final disposition of the appeal by the City Council or PDB. The pendency of an appeal shall toll all time periods applicable to the decision which is subject to appeal until final disposition of the appeal by the City Council or PDB with regard to the appeal. 5. Record. The record to be considered in the appeal shall include any application, exhibits, appeal papers, written objections, waivers, or consents considered by staff, the PDB, or City Council, as well as transcripts and recordings taken at a public hearing, the PDB or City Council minutes, and resolutions or ordinances showing the decision or action being appealed. The record shall also include the record made as a result of any prior applications for development approval on the same property. The City Clerk shall identify all exhibits used at the hearing. All exhibits so identified or introduced shall be a part of the City record. Page 459 of 719 ~ 49 ~ 3.03.00 - ADMINISTRATIVE DECISION MAKERS AND ENFORCEMENT OFFICERS A. City Manager. The City Manager is the chief executive officer for the City of Crestview with ultimate authority over the implementation of these regulations. The City Manager has the authority to delegate his or her authority to City staff as necessary for the effective administration and enforcement of these regulations. B. Department of Community Development Services. Community Development Services is the City department charged with administration and enforcement of the Land Development Code. C. Community Development Services Director. The Community Development Services Director is responsible for the administration of these regulations. Specifically, the Community Development Services Director is responsible for final approval of Development Order applications and construction authorization. The Community Development Services Director shall have administrative responsibility to interpret the Land Development Code. D. Public Services Director. The Public Services Director is charged with the development and maintenance of the City's Code relating to the provision of services including, Potable Water, Sanitary Sewer, Drainage, Recreation and Transportation and implementation related to City maintained facilities. The Public Services Director may establish Engineering Design Standards relating to the design and construction of improvements that consume or otherwise utilize City services. E. Building Official. The Building Official is responsible for the implementation of various building codes adopted pursuant to the Florida Building Code and other applicable state statutes. The Building Official issues building permits and certificates of occupancy, upon a determination by the City of compliance of permit applications with the City regulations and any prior approvals by the City. F. Planning Administrator. The Planning Administrator is responsible for duties under this Code or as assigned by the Community Development Services Director. The Planning Administrator shall be responsible for receiving and reviewing for completeness and sufficiency and for coordinating review of applications for Subdivision and Planned Unit Development approvals, Development Order applications and for coordinating review of said applications, review and approval of Administrative Permits, Zoning Compliance Certificates, and other forms of development. G. Compliance Administrator. The Compliance Administrator is responsible for the enforcement of the City of Crestview's Code of Ordinances, Florida Statute 162 and various state statutes. The Compliance Administrator issues Notices of Violation, Correction Notices, Stop Work Orders, Notices of Hearing, Notices of Compliance, and Notices of Non-Compliance to both the public and private sectors regarding violations of the Land Development Code, Code of Ordinances and various state statutes. H. Floodplain Administrator. The Floodplain Administrator shall serve as required to administer and implement the floodplain management regulations set forth in Chapter 3. As required by FEMA, the floodplain administrator shall have the following duties: 1. Review local development permits to assure sites are reasonably safe from flooding; 2. Review all local development permits to assure that the permit requirements of Section 5.05.00 have been satisfied; 3. Require copies of additional Federal, State, or local development permits, especially as they relate to Sections 161.053; 320.8249; 320.8359; 373.036; 380.05; 381.0065; and Chapter 553, Part IV, Florida Statutes, be submitted along with the local development permit application and maintain such permits on file with the development permit; 4. Notify adjacent communities, the Florida Division of Emergency Management - State Floodplain Management Office, the Northwest Florida Water Management District, FEMA, and other Federal and/or State agencies with statutory or regulatory authority prior to any alteration or relocation of a watercourse; 5. Notify FEMA within six (6) months when new technical or scientific data becomes available to the community concerning physical changes affecting flooding conditions so that risk premium rates and flood plain management requirements will be based on current data; 6. Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained; 7. Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (A-Zones) of all new and substantially improved buildings, in accordance with Section 5.05.00; Page 460 of 719 ~ 50 ~ 8. Verify and record the actual elevation (in relation to mean sea level) to which the new and substantially improved buildings have been flood-proofed, in accordance with Section 5.05.00; 9. Review certified plans and specifications for compliance. When flood proofing is utilized for a particular building, certification shall be obtained from a registered engineer or architect certifying that all areas of the building, together with attendant utilities and sanitary facilities, below the required elevation are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy in compliance with Section 5.05.00; 10. Interpret the exact location of boundaries of the areas of special flood hazard. When there appears to be a conflict between a mapped boundary and actual field conditions, the floodplain administrator shall make the necessary interpretation; 11. When base flood elevation data and floodway data have not been provided in accordance with Section 3.05.00, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or any other source, in order to administer the provisions of Section 5.05.00; 12. Coordinate all change requests to the FIS, FIRM, and FBFM with the requester, State, and FEMA; and 13. Where base flood elevation is utilized, obtain and maintain records of lowest floor and flood proofing elevations for new construction and substantial improvements in accordance with Section 5.05.00. 3.04.00 - SPECIFIC REVIEW PROCEDURES - ADMINISTRATIVE ORDERS, PERMITS AND APPROVALS A. The following sections outline the various application types and approvals which shall be reviewed, considered and either approved, approved with conditions, or denied through administrative decision. Administrative decisions shall be made by the Community Development Services Director. B. At the Director's discretion, when he or she finds a discrepancy in the code or a special condition of the application, may forward any application to the PDB for additional review and decision. 3.04.01 - Zoning Verification Letter or Flood Verification Letter A. Purpose and Intent. 1. Zoning Verification Letter. To provide an official determination of the zoning of specific property. 2. Flood Zone Verification Letter. To provide an official determination of the FEMA Flood zone, as shown on the Flood Insurance Rate Map (FIRM) for specific property. B. Review Criteria. 1. The Department will review the applicable City records, maps, and any supporting information and issue a Zoning or Flood Zone verification letter. 2. Verification letters are valid for the date upon which they are issued and may be subject to change. 3. Zoning verification letter issuance shall require payment of an administrative fee as established by City Council. 3.04.02 - Administrative Interpretations and Similar Use Determinations A. Purpose and Intent. 1. To determine whether a proposed use, activity, or site design complies with the comprehensive plan. 2. To interpret specific comprehensive plan policies. 3. To interpret whether a proposed use, activity, or site "design" complies with the LDC. 4. To determine how specific code requirements may apply to a site or a development proposal when application of such requirements is not explicitly set forth in the LDC. 5. To interpret the application of conditions of approval. 6. To determine whether a proposed use that is not otherwise classified as permitted, or permitted by special use exception, in a zoning district or is not currently defined in this code, may be classified as a similar use. Page 461 of 719 ~ 51 ~ B. Review Criteria. 1. To determine whether a proposed use activity or site design complies with specific provisions of the comprehensive plan and is in keeping with the spirit and intent of the comprehensive plan. 2. Consistency with the Land Development Code. 3. Whether the proposed use or activity complies with required policies and procedures. C. Similar Use Determinations. 1. Interpretation of Similar Uses. Notwithstanding the Zoning district requirements of this LDC, the Director may determine that a specific proposed use may be allowed as a permitted or as a special exception use in a specific zoning district(s). 2. Similar Use Determination Process. a. A similar use determination may be issued if all of the following findings can be made: (1) The characteristics and activities associated with the proposed use are similar to those of one or more of the allowed uses listed in the zoning district and will not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, or similar impacts than the uses listed in the zoning district; and (2) The proposed use will meet the purpose and intent of the zoning district that applies to the location of the use; and (3) The proposed use is consistent with the goals, objectives, and policies of the Comprehensive Plan; and (4) The proposed use is not listed a permitted, permitted with specific regulations, supplemental standards, or special exception use in another zoning district. b. If a similar use determination is approved, the Director shall expedite a recommendation to the PDB establishing the use to be a permitted use or special exception use. The department shall prepare a text amendment to this ordinance to include the use in the appropriate district, along with any appropriate use regulations. 3.04.03 - Lot Splits and Lot line Adjustments A. Purpose and Intent 1. To provide standards for the split of lots and tax and parcels along existing platted lot or parcel lines or for the adjustment of a common property line between two parcels, where a plat or replat is not required.. 2. To provide standards for the split of lots or tax parcels that do not require a replat. 3. To provide for the split of property when the lot split does not require approval as a new subdivision plat or replat. 4.2. To provide an expedited path to creating up to two separate parcels from one existing parcel. B. General Requirements 1. All divisions of land in the City shall occur only as a new subdivision plat, a replat, or a lot split. A lot split that does not meet the requirements of this chapter is deemed a subdivision or a replat and shall be defined and processed as set forth in the Subdivision regulations of this Code. 2. No lot split or lot line adjustment shall be recognized by the City, no lot that is a part thereof shall be sold, and no building permit shall be issued unless the lot split or lot line adjustment has been approved by the City prior to recording in accordance with the requirements of this Chapter. 2.3. No lot split shall be allowed in any platted recorded subdivision which was recorded after March 11, 1974, unless allowed by variance through the Board of Adjustment. 3. Any child parcel resulting from the lot split of any parent parcel shall not be split until one (1) year has passed since the original parent parcel split took place. C. Review Criteria and Standards. The Planning Administrator, where appropriate, will review applications for lot splits and lot line adjustments to establish and/or determine the following: 1. Whether the resulting lot split creates nonconforming lots and structures. 2. Whether the result will split a portion of a designed site from the rest of such site. 3. Ensure that the lot split or lot line adjustment does not create split zoning on a parcel. D. Application Requirements. The following documents shall be included with the necessary forms as required by the department: Page 462 of 719 ~ 52 ~ 1. A survey prepared by a licensed professional surveyor indicating the legal description of the parent parcel, legal descriptions of all child parcels, boundaries, dimensions, easements, restrictions or agreements affecting the property, rights-of-way, utilities, location of existing buildings, and other pertinent information including wetland boundaries. a. The survey shall be signed, sealed, dated, and certified to the City. 2. The Deed for the property. E. Approval and recording. Community Development Services shall review the proposed lot split for compliance with the criteria set forth in this LDC. Once approved, the applicant may proceed with the lot split and record the lot split with the Okaloosa County Property Appraiser. 1. A Lot Split Certificate shall be issued upon approval. a. Approval shall expire within one (1) year of issuance if not recorded. 3.04.04 - Special Exception Uses and Supplemental Standards A. Purpose and Intent. 1. The intent of this section is to permit Special Exception uses which are essential to, or would promote the public health, safety, or welfare in one or more zoning districts, but which might impair the integrity and character of the zoning district or an adjoining district, such that restrictions or conditions on location, size, extent, and character of performance may be imposed in addition to those standards already imposed in the Land Development Code. B. General. 1. No variances shall be granted that would reduce or eliminate minimum requirements for special exception uses. 2. The PDB shall prescribe appropriate supplemental standards coincidental with the special exception use. All such conditions shall be added to the Supplemental Standards in Chapter 7 of this Land Development Code. 3. Upon approval, a Special Use will be added to Table 4.06.00. 4. The proposed use shall comply with all requirements of the underlying zoning district(s), the Land Development Code, and all other applicable law. C. Standards and Criteria. The following standards shall apply to all applications for special exception uses. The Community Development Services Director shall submit a report and recommendation to the PDB based on these standards. 1. The proposed Special Use's consistency with the Comprehensive Plan. 2. The proposed Special Use's consistency with the underlying zoning district. 3.04.05 - Administrative Waivers A. Purpose and Intent. 1. To grant relief from the strict application of the Land Development Code requirements to allow for minor waivers. 2. Any relief granted from the strict application of this Land Development Code shall not violate any goals, objectives, or policies of the adopted Comprehensive Plan. 3. The need for the proposed waiver is due to the unusual or unique physical shape, configuration, existing lots, or other physical condition of the development site. These special conditions are not generally applicable to other lands, structures, or buildings in the same zoning district; 4. The special conditions are not the result of actions of the property owner and are not based solely on a desire to reduce development costs; B. Scope. Administrative Waivers may be granted only for the following: 1. Setback requirements where the setback is not decreased by more than ten percent in the applicable zoning district and the encroachment does not extend into an easement, right-of-way, or is an encroachment over the property line for a zero-lot line required site. 2. Reduction in the overall required parking by ten percent. 3. Landscaping or buffers. Up to a ten percent reduction in the width of required buffers or the required number of trees and shrubs. Page 463 of 719 ~ 53 ~ 4. Preservation of Vegetation. A deviation from the following regulations to accommodate the preservation of existing protected tree(s): a. Up to five percent of a required setback; or b. Up to five percent of the required parking spaces. 5. Minor sign deviations as set forth in the sign regulations of this code. 6. Maximum lot coverage. Up to a ten percent increase in the maximum percentage of lot coverage by impervious surfaces, provided the applicant submits calculations by a Florida Registered Professional Engineer showing that the conveyance system for the contributing drainage basin can accommodate the additional stormwater run-off, where applicable. a. A property owner may also add retention storage on-site to compensate for the additional runoff in situations where they propose to exceed the maximum. b. All such calculations and drainage plans must be approved by the City Public Services Department prior to issuance of any building permits. 7. Minor deviations in lot width, depth, or area up to 10%. C. Review Criteria. An Administrative Waiver may be approved based on the following criteria: 1. The proposed deviation will not result in development that is inconsistent with the intended character of the applicable zoning district. 2. The normally required code standard(s) is determined to significantly inhibit development of the site. 3. The deviation will not impede the ability of the project or site to adequately provide for service areas and other development features for the project. 4. Access for service and emergency vehicles will not be impeded. 5. The proposed deviations will result in a building and site design of equal or superior quality. 6. The impacts of the waiver are otherwise addressed. D. Effective date of approval. A deviation shall take effect upon signed approval by the Community Development Services Director. E. If an Administrative Waiver is not approved, the applicant may su bsequently apply for a Variance through the PDB. 3.04.06 - Development Orders A. Applicability. The procedures contained in this Section are applicable to all projects involving land development, including Site Development Plans. Also included are projects which involve the construction of any facility, the expansion of a site through acquisition or lease, alteration or conversion of an existing site or structures, or the change of use of a site or structure where the site or structure does not meet the current standards or criteria of these regulations. 1. The provisions of this Section, where appropriate, are to be applied to on-site and off-site development activity. 2. No land development activity (including land clearing, excavation, or placement of fill) shall commence without obtaining the appropriate approvals and permits required by this code. B. Exceptions. The requirements of this section do not apply to: 1. Single-family dwellings; or 2. Duplex dwellings on existing platted lots. 3. General upkeep or cleaning of debris and dead vegetation. C. Plan Preparation. A professional engineer registered in the state of Florida shall design all required improvements such as streets, drainage systems, water and sewage facilities, etc. 1. All plans, drawings, reports, and calculations shall be prepared, signed, and sealed by the appropriate licensed professional, such as engineers, architects, landscape architects, professional surveyors and mappers, or attorneys, registered in the state of Florida. 2. Other specialized consultants, such as environmental consultants, structural engineers, archaeologists, etc., may be required to assist in the preparation of the plans, drawings, reports, or other documents required for application submittals. D. General Plan Requirements. All site development plans submitted in conjunction with application for a Development Order shall include, at minimum, the following components as applicable: Page 464 of 719 ~ 54 ~ 1. A signed and sealed survey showing the location of existing property and rights-of-way lines, both for private and public property. 2. The location of streets, sidewalks, airports, railroads, buildings, transmission lines, sewers, bridges, culverts, drainpipes, water mains, fire hydrants, and any other public or private easements. 3. Any land rendered unusable for development purposes by easements, deed restrictions or other legally enforceable covenants or limitations. 4. All watercourses, water bodies, floodplains, wetlands, important natural features, wildlife areas, soil types and vegetative cover on or adjacent to the site. 5. The location of environmentally sensitive lands as designated by the US Army Corp of Engineers. 6. The existing land use, future land use and zoning district of the lands involved in the development. 7. The location of the proposed development as well as the intensity and/or density of the proposed development. 8. A parking circulation plan that includes onsite traffic flow, points of ingress and egress and any planned public or private roads, rights-of-way, pedestrian ways, bicycle paths or transportation facilities. 9. A traffic study showing the and impacts from the development on nearby roadways. 10. Any existing and proposed stormwater management systems on the site and proposed linkage, if any, with existing or planned public stormwater management systems. As well as all calculations that were used in design of the management facilities. 11. A stormwater management plan during construction. 12. The proposed location and sizing of potable water and wastewater facilities to serve the proposed development. 13. Proposed open space areas on the development site and types of activities proposed to be permitted on such open space areas. 14. Lands to be dedicated or transferred to a public or private entity and the purposes for which the lands will be held and used. 15. A description of how the development will mitigate or avoid potential conflicts between land uses to include a description of any buffering and transitions. 16. Architectural elevations of all buildings sufficient to convey the basic architectural intent of the proposed improvements. 17. The total project area and total disturbed area. 18. A map of vegetative cover including the location and identity, by common name, of all protected trees. 19. A topographic map with one foot contours of the site clearly showing the location, identification and elevation of benchmarks, including at least one benchmark for each major water control structure. 20. The location of any underground or overhead utilities, culverts and drains on the property and within one hundred feet of the proposed development boundary. 21. Area and percentage of total site to be covered by impervious surfaces. 22. Grading and erosion control plans, specifically including perimeter grading. 23. Construction phase lines. 24. Building plans showing the location, dimensions, gross floor area and proposed use of buildings. 25. Building setback distances from property lines, abutting rights-of-way and all adjacent buildings and structures. 26. The location, dimensions, type, composition and intended use of all ancillary structures. 27. The location and specifications of any proposed garbage dumpsters. 28. Cross sections and specifications of all proposed pavement. 29. Typical and special roadway and drain sections and summaries of quantities. 30. Plan and profiles of each proposed street, including private streets, at a horizontal scale of 50 feet or less to the inch, and a vertical scale of 5 feet or less to the inch, with existing and proposed grades indicated. These profiles must show proposed sanitary sewers, swales, water mains, and storm sewers with grades, length, and sizes indicated for each. 31. Information sufficient to determine compliance with the landscape and tree protection regulations of this Chapter. 32. The location, accompanied by all necessary drawings, construction plans, wiring plans, etc., of all proposed signs. Page 465 of 719 ~ 55 ~ 33. The proposed number, minimum area and location of lots, if the development involves a subdivision of land. 34. All lots shall be numbered either by progressive numbers or in blocks progressively numbered or lettered except that blocks in numbered additions bearing the same name may be numbered consecutively throughout several additions. 35. All interior excluded parcels shall be indicated and labeled accordingly. 36. All contiguous property shall be identified by development title, plat book and page, or if the land is un- platted it shall be so designated. 37. The total number and type of residential units categorized according to number of bedrooms. 38. The total number of residential units per gross acre. 39. Location of onsite wells, if any, and wells within 200 feet of any property line, if any. 40. Restrictions pertaining to the type and use of existing or proposed improvements, waterways, open spaces, buffer strips and the like shall require the establishment of restrictive covenants and such covenants shall be submitted with the final development plan for recordation. 41. If the development includes private streets, an ownership and maintenance association document shall be submitted with the final development plan and the dedication contained on the development plan shall clearly indicate the roads and maintenance responsibility to the association without recourse to the city or any other public agency. 42. If the development is to be phased for any reason, a master plan for the entire project shall be submitted with the development plan for the first phase or phases for which approval is sought. In addition, a schedule indicating approximate development phasing, including the sequence for each phase, shall be included. 43. The manner in which historic and archaeological sites on or near the site will be protected. E. Review Process. The application review and approval process for Administrative approvals of development plans shall be in accordance with the application, review, and decision procedures as outlined above. Development Order application approval shall generally adhere to the following process: 1. A complete application is submitted by the applicant; 2. Staff determines sufficiency and compliance through coordinated departmental review; 3. Once sufficiency and compliance with the City's Comprehensive Plan and Land Development Code is established the Planning Administrator shall issue a final report to the Director; 4. This report shall include the following: a. Proof of completeness; b. All plans and related documents; c. All staff comments and reports; d. A staff recommendation based on the approval criteria as outlined in subsection 102-29.7(f); and e. All public comment received relating to the proposed development. F. Criteria. The Director may approve, approve with conditions, or deny the application, after consideration and review of the following: 1. The development, as proposed, conforms to the comprehensive plan and is consistent with the recommendations of any applicable PUD Concept Plan, Conceptual Plats, or master plans which have been approved or accepted by the City Council; 2. The proposed development plans, landscape plans, engineering plans, lighting plans, and other required plans conform or will conform with all applicable City codes, any engineering design standards, and other standards as set forth in this code; 3. The development will efficiently use or will not unduly burden or deteriorate levels of service standards for the drainage, water, sewer, solid waste disposal, education, recreation, or other necessary public facilities existing, being constructed or are planned and budgeted for construction in the area; 4. The development provides sufficient on-site storm water management improvements to meet state water quality and flood protection standards; 5. The development will efficiently use or will not unduly burden or affect public transportation facilities, including public transit, public streets, roads, and highways which have been planned and budgeted for construction in the area, Page 466 of 719 ~ 56 ~ 6. The development provides necessary and adequate vehicular circulation, pedestrian access, ingress and egress, and is configured in a manner to minimize hazards and impacts on adjacent properties and adjacent rights-of-way. 7. The Public Services Director may require utility, drainage or other easements be accepted by City Council and recorded in the public records prior to approval of a Development Order application or administrative permit. 8. Projects that involve a vacation of plat or release of easement may have review or approval withheld until such vacation or release of easement has been approved or recorded, as determined by the Director. 9. The Director may attach any reasonable conditions, safeguards, limitations, or requirements to the approval of a plan which are found necessary and consistent with this section and to carry out the purposes of this Code and the Comprehensive Plan. 10. The Director, may at his or her discretion, forward any application to the PDB for approval or review and recommendation to City Council. G. Final Approval. After a final development order has been issued, the applicant may, within 12 months of the issuance of the final development order, apply for the necessary construction and/or administrative permits. Following any required appeal period, the city shall issue the necessary permits if the proposed construction is consistent with the final development order. 1. If the application for a construction permit deviates from the final development plan the Director shall notify the applicant within five working days of the permit application. H. Effect of Plan Approval. Approved site development plans are valid for 12 months from the date of approval. If a Development Order extension has not been obtained prior to the expiration date, the approval expires and becomes null and void. 1. The issuance of a Development Order shall serve as authorization for an applicant to apply for construction and administrative permits only. 2. An applicant may apply for a one-year extension for good cause. Such an extension may be granted for any plan approved after the effective date of this ordinance and two years prior to adoption. The extension request must be filed prior to the expiration date of plan approval. If the project is within a PUD, or a phased development, the expiration of plan approvals may differ, as established in the original approval. I. Pre-construction Meeting. At the discretion of the Director, Building Official, or an Administrator, the applicant may be required to schedule a preconstruction meeting where representatives of the developer, the City, contractors, and franchise utilities shall discuss the construction of the planned improvements. No work shall take place prior to the preconstruction meeting when one is required. J. Development Order Amendments 1. Site Development Plan Amendments. Plan amendments include changes to projects which impact multiple aspects of the development, may affect multiple plans, and will require multiple departmental reviews to evaluate the proposed amendment to the plan(s). a. The amendment process may not be used to substantively modify the scheme of development as originally approved. b. Proposed amendments that impact PUD approval criteria or conditions must receive approval of an amendment to the PUD prior to receiving approval. c. Amendments may apply to projects that are currently under review, projects under construction or phased projects that have yet to be completed. d. The applicant shall submit a letter of intent, the applicable fee, the amended plan(s) and any other documentation required to review the proposed amendment. e. The Director shall determine if the proposed changes to the plan can be processed as an amendment, qualify for a lesser review process or require a a complete review as equivalent to the original review process. f. Site Development Plan Amendments are subject to additional review and processing fees. 2. Limited Review Revisions to an approved plan while under construction may be approved in writing by the Planning Administrator, where applicable, provided such revisions fully conform to all existing City regulation. a. The limited review process shall be utilized when the proposed plan revisions meet the following: (1) Does not affect the projects minimum technical requirements of this Code; Page 467 of 719 ~ 57 ~ (2) Does not require review by multiple staff or departments; (3) Does not change the gross square footage of a building by more than ten percent; (4) Does not adversely impact compliance with the approved plan; and (5) The proposed revision will not alter the required infrastructure and improvements necessary to serve the project. b. The Planning Administrator, where applicable, will determine if the revision requires an approved plan revision or if the revision can be shown on the As-built Drawings. 3. Changes that exceed the criteria or the scope of a limited review as specified in this subsection or, as determined by the Planning Administrator, where applicable, may be processed as an amendment or as a full review in accordance with this section. 3.04.07 - Administrative Permits A. Certain buildings, structures, improvements, and installations are either exempted by the Florida Building Code from building permit issuance or are required to meet the additional standards of this Land Development Code. Therefore, such buildings, structures, improvements and installations shall be subject to the various development review processes and/or the zoning compliance certificate standards contained in this Article. B. An administrative permit is required for all development that does not necessitate the issuance of a development order or that is not otherwise exempted by this Land Development Code. In instances where the Florida Building Code requires building permit issuance, an administrative permit may not be is sued but a site development review will occur concurrent with the building review. The Community Development Services Director, or designee will determine which divisions and departments will participate in the review of building permits and administrative permits. C. Applicability. An administrative permit shall be required for the following development types and/or instances of construction, improvements and installations. 1. Land Clearing and Protected Tree Removal; 2. Home Occupations; 3. Minor non-residential additions and site improvements which create less than 2,200 sq.ft. of impervious surface area, or that create more than 2,200 sq. Ft. of impervious surface area but do not increase the parking requirement or impact on City services; 4. Other similar minor developments, as determined by the Community Development Services Director, or designee. D. Staff Approval. An administrative permit application shall be approved provided all departmental reviewers have accepted the plans and/or accepted the plans with conditions. E. Review. The applicant for an administrative permit shall be notified in writing, to include electronic messaging, of any deficiencies in their application within seven (7) days of submittal. 1. Staff shall act upon complete and sufficient applications for site administrative permits within seven (7) calendar days from the date of a complete application submittal. F. Administrative Permit Approvals. 1. All approvals will be issued in compliance with the approved plans, if applicable, and may contain relevant conditions of the associated plan approval. 2. If the proposed construction or alteration conforms with all applicable provisions of this Code and all other applicable laws, staff shall issue an administrative permit or other construction authorization. 3. If the proposed construction or alteration fails to conform, staff shall deny the application and shall deliver written notice, to include electronic messaging, to the applicant stating the reason for denial. G. Effect of Approval, Expiration, and Extensions. A site development order shall expire six months from the date of issuance unless the permitted improvements are under construction and have passed a required inspection within the thirty days prior to the expiration of the approval. Erosion control inspections, if applicable, will not extend the expiration date. 1. An approval may be extended for an additional ninety days. Failure to either pass a required inspection or request an extension within the ninety-day period provided, will result in the expiration of the approval. 2. Thereafter, a new approval will be required to continue construction. 3.04.08 - Temporary Use Permits Page 468 of 719 ~ 58 ~ A. Purpose and Intent. To authorize the temporary uses and activities which do not exceed specific time frames. B. General Standards. 1. Only uses listed below, or otherwise approved as temporary uses in Article VII, may be allowed as temporary uses. 2. Each temporary use shall be evaluated by Community Development Services for compliance with the standards and conditions set forth in this LDC and the applicable zoning district. 3. A temporary use permit shall take effect at the time of permit issuance and is in effect only for the specific time-period established in the temporary use approval. C. Review Criteria. When considering an application for a temporary use, the Community Development Services Director or Community Recreation and Enrichment Services Director, as appropriate, shall consider whether and the extent to which: 1. The temporary use is consistent with the purposes, goals, objectives, and policies of the Comprehensive Plan; 2. The temporary use complies with all relevant and appropriate portions of Article VI and any established Development Standards; 3. The temporary use is not incompatible with the character of the immediate surrounding area; 4. The design, duration, and hours of operation of the temporary use minimizes adverse impacts on nearby properties, including visual and noise impacts; 5. Whether the use complies with all relevant standards related to health, sanitation, and transportation; 6. The temporary use complies with all other applicable provisions of this Code; 7. Any permanent structures used in conjunction with a temporary use must comply with the requirement for adequate public facilities; and 8. Whether any public safety detail will be necessary. D. Allowable temporary uses. The following temporary uses shall require a permit: 1. Firework, pumpkin, and Christmas tree sales, to include a sales office. 2. Outdoor display of merchandise. 3. Temporary Storage Containers. 4. Temporary Off-Site Vehicle Sales. 5. Tents for other than Special Events. 6. Other events not named but similar to those enumerated in this subsection. E. Outdoor Display of Merchandise 1. Purpose and Intent. a. To provide standards and criteria for review and approval of outdoor display of merchandise. b. To provide reasonable limitations or special conditions for outdoor display to address, minimize, or ameliorate potential impacts of the use on surrounding property and for the protection of the public health, safety, and welfare. 2. General Requirements. a. Outdoor display of merchandise is prohibited in all residential districts, except within the Agricultural zoning district for approved fruit and/or vegetable sales. b. Unless otherwise permitted, outdoor display of merchandise in the C-1 and C-2 districts is prohibited, except on improved property in accordance with the following standards: c. The following items may be displayed in conjunction with an existing licensed business location which retails these items: boats; new or used cars by auto dealerships or auto rental companies; bicycles; motorcycles; garden equipment such as lawnmowers; landscaping nursery items displayed by a nursery business; tires at auto repair businesses; and temporary uses authorized by this code. d. In addition to outdoor display listed above, the outdoor displays of fruit, vegetables, flowers, jewelry, books or antiques are allowed in the C-1, C-2, and in the mixed-use zoning district in conjunction with an approved commercial use, as an approved Temporary use. e. These restrictions shall not apply to approved Special Events. (1) If such displays are placed on a public sidewalk or right-of-way during a special event, such displays shall comply with the following regulations: (a) Displays may be placed on the public sidewalk only directly in front of the lawfully existing business which retails the items being displayed. Page 469 of 719 ~ 59 ~ (b) At no time shall a display create a hazard for pedestrian or vehicular traffic. (2) Displays shall be placed on tables, shelves and/or racks that are moved indoors or off-site during any hours the business is not open or the duly approved event is not permitted. f. All other outdoor display of merchandise must be approved by the City Manager or designee following review at a public meeting. 3.04.09 - Minor Re-Plat A. A minor plat shall be defined as modifying only the geometry of the lots of an existing platted subdivision within the limitations of the existing zoning and future land use designations. B. Where development involves a minor replat as defined by this Chapter, the City may issue an administrative permit without requiring an application review process and a final development order. C. Developers shall be required to record the minor replat in the official county records at no expense to the city and provide a copy to the city. D. Prior to approval of a minor replat by the Planning Administrator, or designee, the following standards shall be met: 1. Each proposed lot must conform to the requirements of this chapter and adopted ordinances of the city. 2. If any lot abuts a street right-of-way that does not conform to the design specifications provided in this chapter, the owner may be required to dedicate one-half the right-of-way width necessary to meet the minimum design requirements. 3.04.10 - Periodic Inspection Required; Correction of Deficiencies A. Authorized City Staff, the City Engineer, and utility inspectors shall periodically inspect all phases of construction of streets, drainage improvements and utility installations including those improvements which are not to be dedicated to the public but are subject to this chapter. The City official will immediately call to the attention of the developer, or the developer's engineer, any nonconforming work or deficiencies in the work. B. Correction of deficiencies in the work is the responsibility of the developer. 1. It is the responsibility of the developer's contractor to schedule the appropriate inspections as identified on the approvals or permits. 2. Duly authorized representatives shall have the right to enter upon the property for the purpose of inspecting the quality of materials and workmanship and reviewing the construction of required improvements during the progress of such construction. 3.04.11 - Final Inspection and Certificate of Occupancy A. Prior to the issuance of a Certificate of Occupancy an As -built Survey and Certification of Completion must be submitted which identifies and specifies the locations, dimensions, elevations, capacities, and capabilities of the infrastructure and facilities as they have been constructed. B. Upon completion of all improvements required under the approved plans or phase thereof, an inspection must be performed by the developer's engineer and the landscape architect, where applicable. Upon finding the development to be completed and in substantial compliance with the approved plans, the engineer and landscape architect must each submit a letter of substantial compliance along with an As-built Survey to the City, together with certified building as-built drawings. C. No final inspection will be performed by the City until the letter(s) of substantial compliance and As-built Survey have been accepted. 1. The letter(s) of substantial compliance shall include a description of any minor changes as shown on the As- built Survey. 2. The letter must certify that the project was completed in accordance with the plans approved and attached to the Development Order or any addendums to the Development Order. 3. The letter must be signed and sealed by the Project Engineer of record for the project. D. Only minor changes which do not substantially affect the technical requirements of the approved plans and this code are to be indicated on the As-built Survey. E. Letters of substantial compliance shall be digitally signed and sealed in PDF format. 1. Substantial compliance requires that the development, as determined by an on-site inspection by a professional engineer, is completed to all the specifications of the approved plans and that any deviation Page 470 of 719 ~ 60 ~ between the approved plans and actual as-built construction is so inconsequential that, on the basis of accepted engineering practices, it is not significant enough to be shown on the As-built Survey. F. The respective professionals shall prepare and submit to the City, a digitally signed and sealed As-built Survey, in PDF format, of the completed project improvements. The As-Built Survey shall be provided for the complete civil engineering and landscape features of the project G. The As-built survey shall be the complete set of approved plans which show strikethrough and markup of the as-built information obtained from direct field observation, survey, or contractor "as-built" drawings. Topographic surveys will not be accepted. H. Upon acceptance of the letter of substantial compliance and As-built Survey, City staff shall perform final inspections. I. If the final inspections reveal that the development or phase is in substantial compliance with the approved plans, a Certificate of Occupancy will be issued. J. If the final inspections reveal that the development or phase thereof is not in substantial compliance with the approved plans, a list of all deviations will be forwarded to the engineer. All deviations must be corrected prior to re-inspection. A new letter of substantial compliance may be required prior to re-inspection. Re-inspection fees will be charged for each re-inspection in accordance with the adopted fee schedule and must be paid prior to receiving a Certificate of Occupancy. K. Projects involving permits or approvals issued by County, State, or Federal agencies shall provide evidence that the respective agencies have approved, accepted, or certified that the improvements or work subject to their review has been satisfactorily completed and are ready for use or to be placed into service, prior to Certificate of occupancy issuance. L. Turnover of developer installed improvements. Projects that include construction of improvements that will be turned over to the City for ownership and maintenance must also provide a complete package of turnover documents, acceptable to the City, as required by the Director of Public Services. 1. Improvements shall be conveyed to the City by bill of sale in a form satisfactory to the City Attorney, together with such other evidence as may be required by the City that the improvements proposed to be transferred to the City are free of all liens and encumbrances. 2. Turnover documents must be provided to the Director of Public Services with the submittal of a Certification of Substantial Completion and As-built Survey. 3. Improvements constructed pursuant to this Section may not be placed into service or otherwise utilized until the Director of Public Services has authorized such use. M. Ongoing compliance. A development project must remain in compliance with the approved development plans, including all conditions, after a letter of certificate of occupancy has been issued by the City. This requirement applies to any property covered by the development plan, whether or not it continues to be owned by the original developer. For purposes of determining compliance, the development plan as approved and constructed, or subsequently amended in accordance with this section, will control. 1. The standards applicable to review for compliance purposes will be based upon the regulations in effect at the time the of plan approval and any applicable amendment, or revision was constructed. 3.04.12 - Stop Work Orders for Site Development A. The Director shall have authority to stop work if improvements not authorized in approved plans are being installed or upon failure of the applicant or his engineer to coordinate the construction of the required improvements so as to minimize activities which may have adverse impacts on surrounding property. 1. Authority. Whenever the Director finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the Director is authorized to issue a stop work order. 2. Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, all work on the construction site shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. 3. Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. Page 471 of 719 ~ 61 ~ 3.04.13 - Violation of an Approved Development Plan A. Where construction is commenced for improvements not authorized by an approved development plan, the applicant will be issued a stop work order until an application to amend or correct the respective plan approval has been submitted and approved. 1. An application to amend or correct an approved development plan after construction has commenced in violation of the original approval will be charged an application fee equal to four times the original application base fee. 2. The Director shall have the sole discretion to waive the above fee. B. Submittal of the application and payment of the application fee does not protect the applicant from the remedies described in this Code. Any of these forms of relief can be sought or maintained by the City until the problem is abated. C. Failure to maintain a development in compliance with an issued and approved Development Order and/or Certificate of Occupancy, constitutes a violation of this Code. 3.04.14 - Phased Projects A. Development projects may be split into phases to accommodate the development plans and schedules of the developer. B. Development projects may be required by the City to be split into phases to in order to m aintain adopted level of service standards. C. Site Development Plans. The phasing plan shall show all required facilities, infrastructure, and buildings, if applicable, on the entire development site that is covered by the Development Order application. D. If more than one building is covered by the development plan and the developer does not intend to receive certificates of occupancy (CO) for all the buildings at one time, a separate Site Administrative Permit or written construction authorization will be required for each build or buildings to receive a CO apart from the other buildings. E. A certificate of compliance for streets, utilities, parking areas, and drainage serving each building(s) will be required from the engineer of record prior to the City performing final inspection and closing that phase of the project and prior to receiving a certificate of occupancy from Community Development Services. F. If a final inspection is requested for only a portion of a development, that portion must be an approved phase of the development in accordance with the approved Phased Site Development Plan. 3.04.15 - Guarantees and Sureties A. Applicability. The provisions of this section apply to all proposed developments in the city, including private road subdivisions. Nothing in this section shall be construed as relieving the developer or applicant of any requirement relating to concurrency or maintenance of levels of service as may be required by this chapter or the Comprehensive Plan. 1. This section does not modify any existing agreements between a developer and the city for subdivisions platted and final development orders granted prior to the effective date of this chapter. B. Improvements, agreements required. The approval of any Development Order application shall be subject to the developer providing assurance that all required improvements, including, but not limited to, storm water and drainage facilities, streets and roadways, water and sewer lines and appurtenances, parking facilities, sidewalks, curbs, gutters, markers, monuments, open space and recreation facilities, shall be satisfactorily constructed according to the approved development plan. The following information shall be provided: 1. A written agreement that all improvements, whether required by this chapter or constructed at the developer's option, shall be constructed in accordance with the standards and provisions of this chapter. a. The term of the agreement indicating that all required improvements shall be satisfactorily constructed within the period stipulated. The term shall not exceed five years from the recording of the plat or thirty percent occupancy of the development, whichever comes first. 2. The projected total cost for each improvement. Cost for construction shall be determined by: a. An estimate prepared and provided by the applicant's engineer; or b. A copy of the executed construction contract; Page 472 of 719 ~ 62 ~ 3. Specification of the public improvements to be made and dedicated together with the timetable for making improvements; 4. Agreement that, upon failure of the applicant to make required improvements (or to cause them to be made) according to the schedule for making such improvements, the city shall utilize the security provided in connection with the agreement. 5. Provision of the amount and type of security provided to insure performance. 6. Provisions that the amount of the security may be reduced periodically as construction proceeds and improvements are made. C. Amount and type of security. 1. The City Manager shall be responsible for determining the adequacy of the security proposed to be provided by the developer. a. Security requirements may be met but are not limited to the following: (1) Cash in the form of cashier's check or certified check; (2) Provision of an interest-bearing certificate of deposit in honor of the city with interest payable to the city; or 2. Irrevocable letter of credit. The amount of security shall be 120 percent of the total construction costs for the required developer-installed improvements (public and private). The amount of security may be reduced commensurate with the completion and final acceptance of required improvements. In no case, however, shall the amount of the security be less than 120 percent of the cost of completing the remaining required improvements. 3. Completion of improvements. When improvements are completed, final inspection shall be conducted and corrections, if any, shall be completed before final acceptance by the city. The recommendation for final acceptance shall be made upon receipt of a certification of project completion by the city engineer. a. As required improvements are completed and accepted, the developer may apply for release of all or a portion of the security consistent with the requirements above. 4. Maintenance of improvements. a. A maintenance agreement and security shall be provided to assure the city that all required improvements shall be maintained by the developer according to the requirements of this chapter relating to roads, streets, stormwater drainage, open space and recreation areas. b. The period of maintenance shall be for a period of 18 months. c. The maintenance period shall begin with the acceptance by the city of construction of the improvements. 5. The security shall be in an amount equal to 15 percent of the construction cost of the improvements and shall be in effect for a period of not less than 24 months. 6. Whenever proposed development provides for the creation of facilities or improvements which are not proposed for dedication to the city, a legal entity shall be created that shall be responsible for the ownership and maintenance of such facilities and/or improvements. 7. When the proposed development is to be organized as a condominium under the provisions of Florida Statutes, common facilities and property shall be conveyed to the condominium association pursuant to that law. 8. When no condominium is to be organized, an owner's association shall be created, and all common facilities and properties shall be conveyed to that association. 9. No Development Order shall be issued for a development for which an owner's association is required until the association is established, and proof thereof filed with the Director of Community Development Services. 10. An organization established for the purpose of owning and maintaining common facilities not proposed for dedication to the city shall be created by covenants running with the land. Such covenant shall be included with the final plat. Such organization shall not be dissolved, nor shall it dispose of any common facilities or open space by sale or otherwise without first offering to dedicate the same to the city. Page 473 of 719 ~ 63 ~ 3.05.00 - SPECIFIC REVIEW PROCEDURES - QUASI-JUDICIAL PERMITS AND APPROVALS The following sections outline the various application types and approvals which shall require quasi-judicial proceedings. The Public hearing processes outlined in Section 3.02.02 shall apply. 3.05.01 - General Requirements Effective Date. Final decisions for quasi-judicial permits shall take effect on the date the Order for the application in question is recorded in the public record. 3.05.02 - Variances A. General. 1. A variance may be sought from any bulk, area, or dimensional standard contained this LDC. 2. Nonconforming use of neighboring lands, structures, or buildings in the same district, and permitted use of land, structures, or buildings in other districts, shall not be considered grounds for the issuance of a variance. B. Approval Criteria. In order to authorize a variance, the PDB must find that the application meets all of following criteria: 1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district; 2. That the special conditions and circumstances do not result from the actions of the applicant; 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by these regulations to other lands, buildings, or structures in the same zoning district; 4. That literal interpretation of the provisions of the regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of these regulations and would cause or impart unnecessary and undue hardship on the applicant; 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure; 6. That granting the variance will not change the use to one that is not permitted in the zoning district or different from other land in the same district; and 7. That the granting of the variance will be in harmony with the general intent and purpose of these regulations, and that the variance will not be injurious to the area involved or otherwise detrimental to the public welfare. C. Effect of Approval. An approved variance shall run with the land. 3.05.03 - Vacations of Plats, Easements, and Rights-Of-Way A. Purpose and Intent. 1. The purpose and intent of this section is to provide procedures for City Council to vacate rights-of-way, easements, and plats pursuant to authority granted under Florida law. The City Council may adopt ordinances vacating plats in whole or in part of subdivisions within the corporate limits of the city, returning the property covered by such plats either in whole or in part into acreage for the purpose of taxation, or vacating public rights-of-way, public easements, or other property in response to applications filed from adjoining property owners. B. General. 1. The city may retain an easement for utilities or drainage over any vacated right-of-way and that no use may be made of vacated right-of-way which will be inconsistent with or interfere with the retained easement. The party seeking vacation of a plat, city street, alley, other right-of-way, public easement, or other property must show or submit the following: a. A completed application on forms provided by Community Development Services. b. Petitioner has title to the tract or parcel of land covered by the plat or portion of the plat of which vacation is sought, unless the petitioner is the City of Crestview; c. Letter of approval from Okaloosa County, if applicable; d. Letter of approval from affected telephone companies; e. Letter of approval from affected cable companies; and Page 474 of 719 ~ 64 ~ f. Letter of approval from any other affected utility companies (e.g., water, sewer); g. If a Vacation is being sought, the signatures of all abutting property owners consenting to such a vacation. 2. Applicants requesting to vacate rights-of-way or easements shall provide a recent boundary survey or survey sketch of the property prepared by a registered surveyor showing the area to be vacated and provide a complete legal description(s). The survey or sketch shall show all pavement and all utility and drainage facilities, including water, sewer, cable lines, utility poles, swales, ditches, manholes, and catch basins. Separate drawings and legal descriptions are required for each vacation area when right-of-way and easement configurations differ. C. Standards and Criteria. Applications for vacations shall be reviewed in accordance with the following criteria: 1. Whether the plat, easements, or rights-of-way are required by the City for any future transportation, access, water management, or public utility purposes. 2. Whether any required easements are necessary to accommodate the vacation of any plat, easement, or right-of-way. 3. If alternate routes are required or available that do not cause adverse impacts to surrounding areas. 4. If the closure of a right-of-way negatively affects areas utilized for vehicles to turn around and exit an area. 5. Whether local utility providers have given consent to the vacation of the plat, easements, or rights-of-way. The local utility providers may require additional easements or relocation of existing utilities facilities to complete the vacation. D. Additional Procedures and Requirements. In addition to the standard notice requirements required by this Code, the following additional notice requirements apply for vacations: 1. If the parcel to be vacated includes an alley, all property owners serviced by the alley and all property owners serviced by a connecting alley shall be noticed. 2. Adoption and recording of resolution and ordinance. After public hearing, the City Council may approve an application for a vacation if it determines there is no reasonably foreseeable public use for the vacated area. Approval of a vacation shall be by resolution or ordinance. The City may retain easements for utilities or drainage in and upon the vacated area. Upon adoption of the resolution vacating the plat or portion thereof, the City Clerk shall furnish to the petitioner a certified copy thereof and the petitioner shall cause the same to be recorded in the public records of the county and shall return a copy, showing the recording information, to Community Development Services. 3. Effect. The adoption and recording of a vacation shall have the effect of vacating all streets and alleys and city-owned easements shown on the portion of the plat so vacated, unless the resolution or ordinance specifically reserved unto the city such city-owned easements or such streets or alleys. If public rights-of- way are vacated, the resolution or ordinance shall specify whether or not easements are reserved therein for utilities and drainage. The resolution or ordinance shall not have the effect of vacating any public canal shown on the portion of the plat vacated, unless the resolution or ordinance specifically so provides. 4. Petitioner's responsibility. The city, City Council, and all officers, employees, and agents thereof shall not assume any responsibility or liability for any matters and things to be done or completed by the petitioner pursuant to the provisions hereof. It is recognized that this procedure may affect substantial interests in real property and other proprietary rights, and the petitioner shall assume full and complete responsibility for compliance with the requirements of law and these procedures in connection with or arising out of any vacation proceedings instituted by the petitioner. 3.05.04 - Conceptual Plats A. General. 1. A conceptual plat is a preliminary document, resembling a legally recordable plat, that describes the intended division of land, including lots, alleys, rights-of-way, common areas, easements, and other elements defined in F.S. 177.031. B. Purpose and Intent. 1. Conceptual plats allow the Planning and Development Board as well as the City Council to review a proposed subdivision of land prior to the approval of any subdivision construction plans. C. Specific Conceptual Plat Requirements. 1. Conceptual plat shall include a signed and sealed boundary survey of the proposed land to be subdivided. Page 475 of 719 ~ 65 ~ D. Conceptual Plat Application and Review Procedure. 1. Conceptual Plat shall be included with subdivision construction plans, as part of a subdivision development application. 2. Conceptual Plats shall first be reviewed by planning staff, who will then provide the Conceptual Plat to the Planning and Development board for approval and recommendation. 3. If approved by the Planning and Development Board, the Board shall then provide the Conceptual Plat and their recommendation to the City Council for approval. 4. The Conceptual Plat shall then be reviewed for approval by the City Council. E. Review Standards and Criteria. 1. Conceptual Plats will be reviewed by planning staff for conformance with applicable City Codes, the Comprehensive Plan and F.S. Chapter 177. 2. Conceptual Plats will be reviewed by the Planning and Development board for conformance with applicable City Codes and the Comprehensive Plan. 3. Conceptual Plats will be reviewed by the City Council for conformance with applicable City Codes and the Comprehensive Plan. 3.05.05 - Final Plats A. Generally 1. No final plat is to be recorded, or land divided until final plat is approved and signed by all parties in section 3.05.05(E). B. Submission. 1. Final plats may be submitted any time following the issuance of a development order for their associated subdivision construction plans. 2. Along with the final plat, all copies of easements, restrictions and covenants, and HOA documents related to the plat shall be provided for review. C. Specific Final Plat Requirements. 1. Each final plat shall be prepared and signed by all those required pursuant to F.S. Chapter 177, as amended. D. Review Process. 1. Planning staff will review the final plat for conformance with F.S. Chapter 177, as well as send the final plat to the licensed surveyor on contract with the City to review the plat for conformance with F.S. Chapter 177. 2. If planning staff approves plat for presentation to the City Council, the plat along with any related documents including easements, restrictions and covenants and HOA documents, along with staff's recommendation shall be provided to the City Council for approval. E. Approval and Signatures. 1. Signature shall be provided by the LPA Chairman based on the Planning and Development Board's decision made at the time of Conceptual Plat review. 2. Signature shall be provided by the Community Development Services director upon approval of As-Built construction plans for the subdivision and following a compliant site inspection from planning staff. 3. Signature shall be provided by the City Engineer upon approval of As-built construction plans for the subdivision and following a compliant site inspection from the City Engineer. 4. Signature shall be provided by the City Council President upon approval of the final plat by the City Council. F. Warranty Period, Defect Security, and Performance Bonds 1. Defect Security. a. Developer may be required to post a defect security in the amount and manner prescribed by law covering any maintenance for improvements which may be accepted by the City. b. Such security shall become effective upon acceptance of the final plat and shall be in an amount determined by the Public Services department to be sufficient to cover 25 percent of the initial cost of the improvements. c. Any damage to city infrastructure, including street pavement, curbing, swales, road shoulders, water and sewer piping during construction within the subdivision will be the responsibility of the individual permittee. 2. Warranty Period. Page 476 of 719 ~ 66 ~ a. The warranty period shall run for 18 months on street paving, water, sewer, storm drainage or other improvements and shall be guaranteed by a 24-month defect security. Warranty period may be extended at the discretion of the City Engineer or Public Services Director. b. During the 18-month warranty period and prior to release of the required 24-month defect security, the city will cause improvements to be inspected from time to time. The developer shall be notified of any deficiencies identified during the inspections and will be given 30 days to correct them. If deficiencies remain after 30 days, the city will notify the developer of the city's intention to correct the deficiencies with compensation from the defect security bond instrument on file. No notice shall be required in emergency situations where the defect poses a safety hazard or detriment to the public health and welfare. 3.05.06 - Planned Unit Developments (PUD) A. General. 1. A Planned Unit Development (PUD) is an area designed for development as a cohesive unit, where uses and innovations in design and layout of the development provide public benefits when compared to standard zoning or uniform lot and block subdivision patterns and design features. 2. In a PUD, the various land use elements are designed so that they interrelate with each other. The boundary between a PUD and adjacent land area(s) requires particular attention to ensure transition and that land use patterns are compatible. 3. Permitted uses in a PUD must be consistent with the Comprehensive Plan future land use classification for the site(s) in question. B. Purpose and Intent. The purpose and intent of a PUD are to: 1. Innovation in Design. To encourage innovations in residential, commercial, mixed-use, and industrial development so that the needs of the population may be met by greater variety in type, design and layout of buildings and land uses and by the conservation and more efficient use of the space. 2. Appropriate Land Use. To promote the most appropriate use(s) of the land. 3. High Quality Development. To improve the design, character, and quality of new development. 4. Infrastructure. To facilitate the adequate and efficient provisions of roads and utilities. 5. Increased Compatibility. To achieve compatibility with surrounding neighborhoods and developments. 6. Provision of Open Space. To preserve open space as development occurs. 7. Clustering of Uses. To provide for necessary commercial, recreational, and public facilities that are conveniently located to housing. 8. Increased Flexibility. To provide for flexibility in design for new development and future redevelopment. 9. Comprehensive Plan. To achieve the goals of the Comprehensive Plan. 10. To provide a method for previously approved Planned Development Projects to continue to develop under the terms of an approved PDP Development Order and to allow modification to existing PDP approvals under the PUD procedures. C. Minimum Parcel Size. The minimum parcel size for a PUD is: 1. Non-residential or mixed-use PUD. One acre. 2. All other PUDs. Three acres. D. PUD approval steps. The PUD review and approval process includes: 1. A rezoning to the PUD zoning district, which establishes the densities, intensities, and permitted uses within the PUD; and 2. A Master Concept Plan, which establishes the design, layout, and dimensional standards of the PUD. E. Application and submittal requirements. Application and submittal requirements for a PUD are established in this Article. A PUD requires: 1. An application for a rezoning to the PUD zoning district; and 2. A Master Concept Plan submittal. 3. Submittal of the specific PUD application requirements listed below. 4. PUD application for parcels ten acres or larger may apply for a rezone to the PUD zoning district without submitting a Master Concept Plan for concurrent review and processing. Page 477 of 719 ~ 67 ~ F. Pre-application meeting required. A pre-application meeting shall be held with City Staff prior to the submittal of a PUD application. The applicant shall indicate the requested PUD zoning district and a sketch of the PUD Master Concept Plan, if applicable, at the meeting. G. Specific PUD Submittal Requirements. A PUD application shall include the following: 1. A Letter of Intent, including: a. Reasons the PUD procedure is more desirable than a conventional plan; b. General site description including all parcels and acreages; and c. General project description. 2. A PUD Master Concept Plan indicating: a. Location of the uses within the site; b. Dimensional standards such as height, setbacks, and lot sizes; c. Vehicle circulation patterns, parking areas, and points of access; d. Pedestrian and bicycle circulation with links to other external path systems; e. Open space plan; and f. Landscape and buffer plans. 3. Sample formation of HOA or other organization to operate and maintain open space and other on-site public or private improvements. 4. Phasing plan, if applicable. H. Review Standards and Criteria. 1. Every PUD shall be in conformance with the adopted Comprehensive Plan. The maximum density and/or intensity within any PUD shall be consistent with the future land use designation of the site as determined by the Comprehensive Plan. 2. Specific uses, densities, and intensities for each PUD shall be established in the PUD rezoning ordinance. The approved uses, densities, and intensities for a PUD shall take precedence over other standards and requirements in these regulations. The uses approved in a PUD shall be considered permitted uses. 3. Specific bulk, area, and dimensional standards for each PUD shall be approved in the MCP for a PUD and shall take precedence over the standards and requirements in these regulations for development that are not within an approved PUD. Elements to be evaluated for a PUD shall include: a. Appropriateness of the proposed density and/or intensity of the development; b. Internal and external compatibility of the development and surrounding uses; c. Transition and separation between surrounding uses; d. Public amenities, if applicable; e. Access points and vehicular and pedestrian circulation patterns; f. Details and design of internal and external buffers; g. Arrangement and functionality of open space; and h. Additional amenities that will serve the project. 4. Open Space. a. For all PUDs, a minimum of twenty percent of the total land area shall consist of open space. (1) The City may consider a request by the applicant for less than twenty percent open space when deemed appropriate because of size, location, or nature of the proposed development. b. The amenities or off-site improvements shall be utilized by the City or developed by the applicant to mitigate the reduction of open space or to fulfill the recreational needs of the City as required by the Comprehensive Plan. c. Areas that Do Not Count as Open Space. (1) Parking and loading areas, (2) Streets, and rights-of-way shall not count toward usable open space. d. Areas that Count as Open Space. (1) Water bodies, (2) Surface water retention areas, (3) Preservation areas, and riparian areas that are preserved as open space shall count towards this minimum standard, even when they are not usable by or accessible to the residents of the PUD. (4) All other open space shall be conveniently accessible from all occupied structures in the PUD. Page 478 of 719 ~ 68 ~ e. Improvements Required. All common open space and recreational facilities shall be shown on the PUD Master Concept Plan and shall be constructed and fully improved according to the development schedule established for each development phase of the PUD. f. Landscaping along Sidewalks. All sidewalks within a PUD must be shaded by canopy trees. The area used for shading the sidewalks can be considered as part of the minimum open space requirement. g. Maintenance of Open Space. All open space shall continue to conform to its intended use, as specified on the PUD Master Concept Plan. To ensure that public open space identified in the PUD will be used as open space, restrictions, easements, or covenants shall be recorded in deeds or the open space areas may be dedicated to the public to ensure their maintenance and to prohibit the division of any public open space. h. Any subdivision of land will require a Property Owners Association (POA) or Home Owners Association (HOA) to ensure that open spaces within a PUD are maintained. i. The City is not required to accept dedication of open space areas. 5. PUD Perimeter Buffers. The boundary between a PUD and adjacent land uses shall be landscaped with a buffer that has sufficient width and shall include screening to ensure a proper transition and increase compatibility between land uses. The buffer shall be approved in conjunction with the Master Plan. 6. Street Standards. All streets, roads, and drive aisles shall be designed and constructed in conformance with the Right-of-way Standards identified in this Land Development Code. 7. Phasing. When a PUD is developed in phases, a proportional amount of the open space and recreation areas shall be included in each phase, in order to comply with the open space requirements of this chapter at the completion of each phase of the development. I. Master Concept Plan and concurrent Preliminary Subdivision Plan review. The approved Master Concept Plan may be used for Preliminary Subdivision Plan approval, provided the required details and information for review are included in the Master Plan. J. Amendments to Planned Unit Developments. 1. Administrative Amendments. Amendments to an approved PUD may be approved administratively if they meet the following criteria: a. Density or intensity is increased by less than ten percent. b. Open space is not decreased by more than five percent. c. There are no changes to any condition of approval. d. There is no change in permitted uses or types of structures. e. Dimensional standards are changed by no more than ten percent. 2. Review Standards for amendments. An approved PUD Master Concept Plan may be amended if the applicant demonstrates that the proposed modification: a. Is consistent with the efficient development and preservation of the entire PUD; b. Does not affect in a substantially adverse manner either the enjoyment of the land abutting upon, adjoining or across a street from the planned unit development; c. Is not granted solely to confer a special benefit upon any person; d. Does not contain proposed uses that detract from other uses approved in the PUD; e. Does not contain an open space plan that differs substantially in quantity or quality from the originally approved plan; and f. Contains streets and utilities that are coordinated with planned and existing street and utilities for the remainder of the PUD. 3. Amendments that require City Council Approval. Any amendment to a PUD that does not meet the criteria in subsections 1 through 2 above, must be approved by the City Council. K. Effect of PUD approvals. 1. PUD zoning. A rezoning to a PUD zoning district shall run with the land. 2. Master Concept Plans. A Master Concept Plan shall be valid for any time period established in the conditions of approval for the Plan. If a specific time period is not specified then the MCP shall run with the land. OR 3. If a Site Development Plan, a building permit for vertical construction, or a subdivision plat has not been approved within 2 years, the Master Concept Plan shall be null and void, unless an extension has been approved by the City Council. Page 479 of 719 ~ 69 ~ L. Extensions. A PUD may receive one extension that is valid for two years. Upon expiration of the extension, the Master Concept Plan shall be null and void. 3.05.07 - Zoning Change (Re-Zoning) A. Initiation. Applications for a change in zoning may be initiated in the following manner: 1. The City Council, upon its own motion; 2. The Planning and Development Board, upon its own motion; 3. The property owner(s) of at least fifty-one percent of the land in the proposed rezoning area; 4. The City Manager for a City initiated rezoning; or 5. Community Development Services, following approval of a similar use determination. B. Review Criteria. An application for a rezoning shall be reviewed in accordance with the following criteria: 1. Whether the proposed zoning district is consistent with the City Comprehensive Plan; 2. Whether the full range of uses allowed in the proposed zoning district will be compatible with existing uses in the area under consideration; 3.2. Whether the range of uses allowed in the proposed zoning district will be compatible with existing and potential uses in the area under consideration; 4.3. Whether the proposed zoning district will serve a community need or broader public purpose; 5.4. To ensure there are not multiple zoning districts assigned to one parcel. Except if secondary zoning is Conservation (E), designated on a plat or development plans as a parcel or easement of conservation or jurisdictional wetlands; 6.5. The characteristics of the proposed rezoning area are suitable for the uses permitted in the proposed zoning district; and 7.6. Whether a zoning district other than the district requested will create fewer potential adverse impacts to existing uses in the surrounding area. C. Effective date of approval. A rezoning shall take effect upon City Council adoption of the ordinance approving the zoning change. D. Effect of Denial. An application for a rezoning which has been previously denied by the City Council shall not be accepted for at least one year after the date of denial. An application to rezone property to a designation that is different than the designation, which was denied by the City Council, will be accepted and considered without consideration of time since the previous application was denied. 3.06.00 SPECIFIC REVIEW PROCEDURES - LEGISLATIVE APPROVALS The following sections outline the various application types and approvals which shall require legislative proceedings. The Public hearing processes outlined in Section 3.02.02 shall apply. 3.06.01 - Annexations A. Purpose of Annexations. Annexations shall be considered for the following reasons: 1. The annexation implements the Comprehensive Plan. 2. The annexation increases the City's inventory of non-residential lands. 3. The annexation results in the removal of enclaves. 4. The annexation results in the logical extension of City boundaries. B. Manner of Initiation. Applications to annex property into the City may be initiated in the following manner: 1. The City Council; or 2. By a petition of one or more owners of property within an area proposed for annexation. C. Review Criteria. Proposed annexations shall be reviewed in accordance with the requirements of Chapter 171, Florida Statutes. D. Effective date of approval: The effective date of an annexation will take place in accordance with Chapter 171, Florida Statutes. Page 480 of 719 ~ 70 ~ 3.06.02 - Future Land Use Map Amendments A. Purpose of Amendments. Future Land Use Map amendments shall be considered for the following reasons: 1. The amendment implements the goals, objectives, and policies of the Comprehensive Plan. 2. The amendment promotes compliance with changes to other city, state, or federal regulations. 3. The amendment results in compatible land uses within a specific area. 4. The amendment implements findings of reports, studies, or other documentation regarding functional requirements, contemporary planning practices, environmental requirements, or similar technical assessments. 5. The amendment is consistent with the City's ability to provide adequate public facilities and services. 6. The amendment prepares the City for future growth, such as reflecting changing development patterns, identifying demands for community services, reflecting changes necessary to accommodate current and planned growth in population, and facilitating community infrastructure and public services. B. Manner of Initiation. Applications for a Future Land Use Map amendments may be initiated in the following manner: 1. The City Council by its own motion; 2. The Planning and Development Board by its own motion; 3. The City Manager for City initiated requests; or 4. By a petition of one or more property owners of at least 51% of the property owners of an area proposed for amendment. C. Review Criteria. Proposed future land use map amendments shall be reviewed in accordance with the requirements of Chapter 163, Florida Statutes, and the following criteria: 1. Whether the proposed future land use amendment is consistent with the goals, policies, and future land use designations of the City Comprehensive Plan; 2. The amendment protects the health, safety, and welfare of the community; 3. The proposed amendment and all of the consistent zoning districts, and the underlying permitted uses, are compatible with the physical and environmental features of the site; 4. The range of zoning districts and all of the allowed uses in those districts are compatible with surrounding uses in terms of land suitability or density and that a change will not result in negative impacts on the community or traffic that cannot be mitigated through application of the development standards in this Code; 5. The site is capable of accommodating all of the allowed uses, whether by right or otherwise, considering existing or planned infrastructure for roads, sanitary and water supply systems, stormwater, parks, etc.; and 6. Other factors deemed appropriate by the Planning and Development Board and City Council. D. Effective date of approval. The effective date of a future land use map amendment shall be in accordance with Chapter 163, Florida Statutes. 3.06.03 - Comprehensive Plan Amendments A. Purpose of Amendments. Comprehensive Plan amendments shall be considered for the following reasons: 1. The amendment clarifies the intent of the Comprehensive Plan. 2. The amendment corrects an error in the Comprehensive Plan. 3. The amendment addresses changes to state legislation, recent case law, or opinions from the Attorney General of the State of Florida. 4. The amendment implements the Comprehensive Plan. 5. The amendment promotes compliance with changes to other city, state, or federal regulations. 6. The amendment results in compatible land uses within the future land use designation. 7. The amendment implements findings of reports, studies, or other documentation regarding functional requirements, contemporary planning practices, environmental requirements, or similar technical assessments. 8. The amendment promotes the City's ability to provide adequate public facilities and services. B. Manner of Initiation. Comprehensive Plan Amendments may be initiated in the following manner: 1. The City Council; Page 481 of 719 ~ 71 ~ 2. The Planning and Development Board; or 3. The City Manager for City initiated requests. C. Review Criteria. Proposed comprehensive plan amendments shall be reviewed in accordance with the requirements of Florida Statutes, Chapter 163, and the following criteria: 1. The amendment is consistent with the goals and policies of the City Comprehensive Plan; 2. The amendment protects the health, safety, and welfare of the community; or 3. Other factors deemed appropriate by the Planning and Development Board and City Council. D. Effective date of approval. The effective date of a comprehensive plan amendment shall be in accordance with Chapter 163, Florida Statutes. 3.06.04 - Land Development Code Text Amendments A. Purpose of Amendments. Land Development Code (LDC) text amendments shall be considered for the following reasons: 1. The amendment clarifies the intent of the LDC. 2. The amendment corrects an error in the LDC. 3. The amendment addresses changes to state legislation, recent case law, or opinions from the Attorney General of the State of Florida. 4. The amendment implements the LDC or Comprehensive Plan. 5. The amendment promotes compliance with changes to other city, state, or federal regulations. 6. The amendment adds district uses that are consistent with the character of the current range of allowed uses. 7. The amendment results in providing compatible land uses within the City. 8. The amendment implements findings of reports, studies, or other documentation regarding functional requirements, contemporary planning practices, environmental requirements, or similar technical assessments. B. Manner of Initiation. Applications for a LDC text amendment may be initiated in the following manner: 1. The City Council by its own motion; 2. The Planning and Development Board by its own motion; or 3. The City Manager for City initiated requests, including text amendments associated with a similar use determination. C. Review Criteria. Proposed LDC text amendments shall be reviewed in accordance with the following criteria: 1. Whether the proposed LDC text amendment is consistent with the goals, policies, and future land use designations of the City Comprehensive Plan; 2. The amendment results in compatible land uses within a zoning designation; 3. The amendment protects the health, safety, and welfare of the community; or 4. Other factors deemed appropriate by the Planning and Development Board and City Council. D. Effective date of approval. The effective date of a LDC text amendment shall take place upon adoption. Page 482 of 719 ~ 72 ~ CHAPTER 4 ZONING DISTRICTS AND OVERLAYS 4.00.00 - GENERALLY The purpose of this chapter is to describe the zoning districts and permissible uses of land within the City of Crestview, in accordance with the City Code and Comprehensive plan. Any violation of this Chapter shall be punished as provided for in section 1-11 of the City Code and Chapter 162, Florida Statutes. 4.01.00 - LAND USE DISTRICTS, DENSITY AND INTENSITY Land use categories and adopted densities and intensities are as described below: Land Use Category Use Description Allowed Density/Intensity R - Residential Residential Development Maximum of 8 units per acre MU - Mixed Use Mixed Use development with residential and non-residential uses Maximum of 20 units per acre or FAR of 2.0 C - Commercial Commercial Development FAR of 3.0 IN - Industrial Industrial Development FAR of 3.0 PL - Public Lands Limited to development of recreation, schools, churches, institutional uses, utilities, and government facilities. FAR of 2.0 CON - Conservation Educational or recreational uses coincidental to and compatible with the conservation purpose of the district Maximum impervious surface coverage of 5% 4.02.00 - OFFICIAL ZONING MAP Zoning districts and zoning district boundaries are hereby established and declared to be in effect upon all land and water areas included within the boundaries of each district as shown on the map designated the as "Official Zoning Map of the City of Crestview, Florida." The Official Zoning Map is on file in the City of Crestview City Hall. Such map and all notations, references and other information shown thereon are as much a part of this chapter as if the information set forth thereon was fully described and set out in this section. 4.03.00 - ESTABLISHMENT AND PURPOSE OF ZONING DISTRICTS A. Residential Districts. 1. R-1E – Single-Family Estate District. The Single-Family Estate zoning district is established to provide for single-family dwellings and allowed accessory structures customarily associated with residential development in legacy neighborhoods and un-platted residential areas where larger lot sizes are customary. The maximum density is 2.0 dwelling units per acre. Each single-family dwelling must be placed on one parcel, lot, tract or other division of land. 2. R-1 - Single-Family Low-Density District. The Single-Family Low-Density zoning district is established to provide for single-family dwellings, accessory dwelling units and allowed accessory structures customarily associated with residential development in legacy neighborhoods and un-platted residential areas. The maximum density is 4.0 dwelling units per acre. Each single-family dwelling must be placed on one parcel, lot, tract or other division of land. 3. R-2 - Single-Family Medium-Density District - The Single-Family Medium-Density zoning district is established to provide for single-family dwellings in traditional residential neighborhoods. The R-2 zoning district is limited to single-family homes and allowed accessory structures. The maximum density is 6.0 dwelling units per acre. Each single-family dwelling must be placed on one parcel, lot, tract or other division of land. Page 483 of 719 ~ 73 ~ 4. R-3 - Single and Multi-Family Dwelling District - The Multi-Family Dwelling Density zoning district is established to provide for single-and multi-family dwellings in higher-density residential neighborhoods. The R-3 zoning district is limited to single- and multi-family dwellings and accessory structures. The maximum density is 8.0 dwelling units per acre in the Residential (R) Future Land Use, and 10.0 dwelling units per acre in the Mixed-Use (MU) Future Land Use. Each parcel, lot, tract or other division of land may contain multiple single- or multi-family dwellings according to the density allowed by the size of each piece of land. B. Mixed Use Districts. 1. MU - Mixed-Use District - The Mixed-Use district is established to provide for a variety of land uses, including single- and multi-family dwellings and small, low-impact commercial developments, including retail sales, professional offices, service industries, bed-and-breakfasts, other similar uses and accompanying accessory uses. Uses may be limited by location due to impacts and compatibility issues. The maximum density for dwellings is 20.0 dwelling units per acre, and the maximum allowed floor area ratio (FAR) for commercial uses is 2.0. Each parcel, lot, tract or other division of land may contain multiple single- or multi-family dwellings according to the density allowed by the size of each piece of land. C. Commercial and Industrial Districts. 1. C-1 - Commercial Low-Intensity District - The Commercial Low-Intensity District is established to provide for multi-family apartments, condominiums and low-intensity commercial uses including restaurants, small- scale retail sales, service industries, entertainment, light manufacture and repair, small professional offices, hotels, gas stations, other similar uses and allowed accessory uses. Uses may be limited by location due to impacts and compatibility issues. The maximum allowed density for dwelling units is 25 dwelling units per acre. The maximum allowed floor area ratio (FAR) is 2.0 for commercial uses. 2. C-2 - Commercial High-Intensity District - The Commercial High-Intensity District is established to provide for high-intensity commercial developments including restaurants, large-scale retail sales and service industries, entertainment, light manufacture and repair, professional offices, hotels, gas stations, other similar uses and allowed accessory uses. Uses may be limited by location due to impacts and compatibility issues. The maximum allowed floor area ratio (FAR) is 3.0. 3. IN - Industrial District - The Industrial District is established to provide for all types of manufacture and repair as well as gas stations, other similar uses and accompanying accessory uses. Uses may be limited by location due to impacts and compatibility issues. The maximum allowed floor area ratio (FAR) is 3.0. D. Public Land and Conservation Districts. 1. P - Public Lands District - The Public Lands district is established to provide for municipal, governmental or otherwise institutional uses such as City, County, State or Federal buildings, parks, schools, other similar uses and allowed accessory uses. Uses may be limited by location due to impacts and compatibility issues. The maximum allowed floor area ratio (FAR) is 2.0. 2. E - Conservation District - The Conservation District is established to provide for passive recreation or educational uses that are compatible with the conservation purpose of the district. Such passive uses include passive parks, open spaces and areas designated for protection, such as water bodies, wetlands, and habitats for protected species. 4.04.00 - ZONING DISTRICT COMPARISON TO FUTURE LAND USE CATEGORIES A. The Future Land Use Map of the Comprehensive Plan establishes allowable land uses within the City. The zoning districts set forth within this LDC must be consistent with the Future Land Use Map. Any rezoning of land must maintain this consistency. Table 4.04.00 sets forth the allowable zoning districts which are consistent with each land use category from the Future Land Use Map. B. When a parcel of land is annexed or rezoned, it is necessary to assign a new zoning district to a piece of land. The following criteria shall be applied to the determination of the appropriate zoning district: 1. Whether the requested zoning district is consistent with the future land use category according to Table 4.04.00. 2. Whether the uses within the requested zoning district are compatible with the uses in adjacent zoning districts. Compatibility is determined by considering scale of use; intensity of use as determined by floor area ratio and impervious surface coverage; hours of operation; impacts from noise in parking lots or structures; noise from outdoor gathering places; noise from outdoor speakers; noise from processes such Page 484 of 719 ~ 74 ~ as from body shops, equipment shops, and industrial activities; lighting from parking lots or structures and vehicles; and security lighting. Compatibility shall consider the range of allowable uses on parcels adjacent to the proposed rezoning parcel and the typical impacts for those uses. 3. Whether the requested use is substantially more intense or less intense than allowable development on adjacent parcels. The range of uses permissible according to the land use category and zoning district on the adjacent parcels is the basis for determination. The existence of a nonconforming use on adjacent parcels which is substantially more or less intense than the requested zoning shall not establish the sole reason for denial of the requested zoning. 4. Whether the requested use is based on soil types, topography, protection of natural resources, and protection of designated historic areas. Table 4.04.00 - Zoning Districts in Future Land Use Categories Future Land Use Zoning Districts R-1E R-1 R-2 R-3 MU C-1 C-2 IN PL E Residential (R) X X X X Mixed Use (MU) X X X Commercial (C) X X Industrial (I) X Public Lands (P) X Conservation (CON) X 4.05.00 - ESTABLISHMENT AND PURPOSE OF OVERLAY DISTRICTS A. Purpose. The purpose of overlay districts is to provide a means of modifying the site design and development requirements applicable to the underlying zoning district(s). B. Downtown Overlay District. The Downtown Overlay District is established to preserve and promote the downtown area of Crestview. The intent of the Downtown Overlay District is to provide flexibility in location and design requirements to support and encourage economic development in the downtown area. 1. The Downtown Overlay District is intended as a location where specific site design features will be provided to ensure flexibility in the location of activities, accessory structures, and other site design requirements, consistent with a downtown location. 2. The Downtown Overlay District is intended to encourage the provision of design features necessary to support economic development and to maintain appropriate development characteristics within the Downtown Overlay District. Specific design requirements can be found in Chapter 6 of this code. 2.3. Developments within the Downtown Overlay District are exempt from the requirements of Section 6.08.00. 3.4. The See figure 4.05.00 below for the boundary of the Downtown Overlay District. Page 485 of 719 ~ 75 ~ Figure 4.05.00 - Downtown Overlay District C. Foxwood Overlay District. The Foxwood Overlay District is established to preserve a number of the original site design characteristics required by Okaloosa County prior to the area’s annexation. The intent of the Foxwood Overlay District is to allow any future residential development to conform to the same site requirements as the residential dwellings that exist in this area as of February 2021. 1. The Foxwood Overlay District is intended create specific setback requirements for the area that deviate from and supersede those required by the underlying assigned zoning designation. These specific deviations can be found in Chapter 6 of this code. 2. Figure 4.05.01 below reflects the boundary of the Foxwood Overlay District. Page 486 of 719 ~ 76 ~ Figure 4.05.01 - Foxwood Overlay District Page 487 of 719 ~ 77 ~ 4.06.00 - LAND USES PERMISSIBLE IN EACH ZONING DISTRICT A. How to read the Table of Permissible Uses (Table 4.06.00) 1. Within the Table 4.06.00, the letter "P" indicates that the land use is permissible, subject to compliance with the standards of the zoning district. 2. The letter "S" indicates that the use is permissible, subject to compliance with the standards of the zoning district, and the supplemental standards specified for the use. Supplemental standards are contained in Chapter 7. 3. An empty cell indicates the use is prohibited. 4. Reference back to 4.05.00B3 for uses not allowed in the Downtown Overlay District. 5. Any use that is not identified in Table 4.06.00 is prohibited unless it is found to be substantially similar by the Planning Administrator. a. A requested use shall be considered substantially similar when the characteristics of the requested use are equivalent in type, intensity, degree, or impact when compared to a use named in Table 4.06.00. Examples of characteristics to be considered include the following: (1) Typical hours of operation; (2) Use of outdoor storage; (3) Trip generation rates; (4) Generation of noise, light pollution, odor, smoke, electromagnetic interference, or vibration; and (5) Customary activities associated with the use. b. A requested use shall be consistent with the Comprehensive Plan. c. A requested use shall be consistent with the purposes of the zoning district applicable to the parcel. d. The administrative interpretation of uses shall be subject to appeal, as set forth in Chapter 9. Table 4.06.00 - Permissible Uses in Each Zoning District Principle Land Use Zoning District R-1E R-1 R-2 R-3 MU C-1 C-2 IN P E Residential Uses Single-family dwelling P P P P P Duplex or Triplex P P Multifamily / Apartments / Condos P P P Townhouse S 7.05.08 S 7.05.08 Manufactured homes P P P P Manufactured home community S 7.05.06 Non-Residential Uses Alcohol package store (no consumption on premises) P P Animal hospital or veterinary clinic P P Arenas, band shell, amphitheater, outdoor performance area P P P Page 488 of 719 ~ 78 ~ Principle Land Use Zoning District R-1E R-1 R-2 R-3 MU C-1 C-2 IN P E Artisan studio P P P Asphalt or concrete plant P ATM kiosk P P P P P Bait and tackle P P P Barber, beauty salon, nail salons, aesthetician, and other similar uses P P P Bed and breakfast lodging P P P Building materials, building supply, enclosed lumber yard P P P Business support services, such as copying, mailing, printing, private mail service P P P P Car wash or detailing facility P (7.05.01.B) P P Cemetery P Community Center, club, or lodge P P P Commercial recreation, including bowling, laser tag, video arcades, go karts, and other similar uses P P P Residential subdivision public community/amenity center P P P P P Cultural facility, such as library, museum, or gallery P P P Day-care (child), nursery school, kindergarten, or pre-kindergarten P P P Day-care (adult) P P P Page 489 of 719 ~ 79 ~ Principle Land Use Zoning District R-1E R-1 R-2 R-3 MU C-1 C-2 IN P E Distribution centers, may include warehousing, dispatch offices, vehicle yards P P Essential public / municipal services P P P P P P P P P P Farmer’s market, outdoor sales, roadside vendors P P P P Financial institutions, banks, credit unions, brokerages, no drive-up window P P Financial institutions, banks, credit unions, brokerages, with drive-up window P P Food stores, specialty, such as bakeries, candy, ethnic groceries, catering services P P P Food Truck Sites S 7.05.07 S 7.05.07 S 7.05.07 S 7.05.07 Fortune tellers and psychics P P Freight and moving companies P (7.05.01.B) P P Fuel/gasoline station, may include convenience store, restaurant, automotive supplies, but not repair P (7.05.01.B) P P Funeral homes, mortuaries, crematoria P (7.05.01.B) P Garden, community or neighborhood P P P P P P P P Golf course P P P P P P Grocery store, supermarket P P Page 490 of 719 ~ 80 ~ Principle Land Use Zoning District R-1E R-1 R-2 R-3 MU C-1 C-2 IN P E Group home, congregate living facility and similar uses P P P Health clubs, exercise clubs, spas, gyms P P P Hospital P P P P Hotels, motels, inns and similar lodging facilities P P Ice vending machine P P P P P Industrial uses, heavy industry with nuisance factors, such as odor, noise, vibration, electronic interference P Junk or salvage yards, recycling facilities P Kennel with outdoor runs P (7.05.01.B) P Kennel, no outdoor runs P P (7.05.01.B) P P Laboratories, medical P P P Laboratories, industrial P P Landscaping materials sales: plants, stone, mulch, gravel, supplies, greenhouse, nursery yards P (7.05.01.B) P P Laundry facility, self-service P P P P Lounge, bar or nightclub P P Light manufacturing, light assembly, fully enclosed building, no nuisance factors P P P P Page 491 of 719 ~ 81 ~ Principle Land Use Zoning District R-1E R-1 R-2 R-3 MU C-1 C-2 IN P E Heavy manufacturing and intense industrial activities including production, fabrication, assembly, outdoor storage, with nuisance factors P Medical and dental clinics, outpatient facilities P P Medical facility for recovery or rehabilitation services, includes substance abuse center, physical or mental rehabilitation, overnight stays P P Medical marijuana dispensary, Drug stores and pharmacies S 7.05.02 S 7.05.02 Nursing home or convalescent facility, overnight stay P P P P Offices, general, includes offices for trades or construction businesses P P P P Parking lot or parking garage, commercial P P P Pawnshops P P Personal services, such as jewelry repair, shoe repair, tailoring, dry cleaning pick-up center P P P Page 492 of 719 ~ 82 ~ Principle Land Use Zoning District R-1E R-1 R-2 R-3 MU C-1 C-2 IN P E Professional offices, accounting, government operations, legal services, bookkeeping, realtors, brokers, insurance, etc. P P P Recreational camping S 7.05.03B S 7.05.03B S 7.05.03 S 7.05.03 Recreational vehicle park S 7.05.04 S 7.05.04 S 7.05.04 Religious facility P P P P P P P P Repair shops, small equipment, small appliances P P P Restaurants, drive- through and fast food P P Restaurants, (drive- through not allowed) P P P Retail shops, freestanding or within centers, includes department stores or specialty shops such as art, antiques, furniture, florist, appliances, jewelry, media, office supplies, automotive supplies, etc. P P P Retail, large-scale discount establishments, big- box stores P P RV, motor homes, travel trailers, or manufactured home sales lot P (7.05.01.B) P P Schools: academic, charter, public or private P P P P P P P Schools: business, commercial, trade, vocational P P P P P Page 493 of 719 ~ 83 ~ Principle Land Use Zoning District R-1E R-1 R-2 R-3 MU C-1 C-2 IN P E Self-storage, mini- storage facilities P P P P Stone, granite, monument sales P (7.05.01.B) P Studios for personal instruction, such as music, dancing, art or photography P P P Tattoo parlors and body-piercing studios P P P Terminals, bus, transit, includes truck stop P P Theaters, movie or performing arts P P Towers, radio, TV, telecommunication S 7.05.05 S 7.05.05 S 7.05.05 S 7.05.05 S 7.05.05 S 7.05.05 S 7.05.05 S 7.05.05 S 7.05.05 Trades, maintenance services, and heavy repair services, including outdoor storage, equipment yards, machine shops, welding shops, towing services P P Uses that are adult- oriented, including bookstores, movie stores, theaters, entertainment, and retail stores P Vehicle: repair, body shop P P Vehicle: sales and rentals, including automobiles, trucks, and motorcycles P (7.05.01.B) P Vehicle: construction, heavy equipment sales and rental P P Vehicle: storage yards P (7.05.01.B) P Warehousing, not including self- services storage P (7.05.01.B) P P Page 494 of 719 ~ 84 ~ Principle Land Use Zoning District R-1E R-1 R-2 R-3 MU C-1 C-2 IN P E Wholesalers P (7.05.01.B) P 4.07.00 - CHANGE OF USE REQUIREMENTS A. A request to change the permissible use of a parcel of land or structure shall be considered according to the procedures established in Chapter 9 - Variations from Standards in the LDC. B. A change of the permissible use of a parcel of land or structure shall meet the following criteria: 1. The requested use is permissible according to Table 4.06.00, Permissible Uses in Each Zoning District. 2. When the requested use has greater impacts than the existing use it shall be established only in compliance with the following site design and development standards: a. Parking, loading, handicapped access, stacking lanes, or driveway standards set forth in Chapter 8. b. Landscaping and buffering requirements set forth in Chapter 6. c. Level of service standards set forth in the City of Crestview Engineering Standards Manual. d. Impervious surface coverage standards for the applicable zoning district, set forth in Chapter 6. 3. The requested use does not require exterior building alterations, except that such alterations may be permissible in compliance with applicable building and safety codes. 4. The requested use can be granted a new Certificate of Occupancy. Page 495 of 719 ~ 85 ~ CHAPTER 5 ENVIRONMENT AND RESOURCE PROTECTION 5.00.00 - GENERALLY 5.00.01 - Purpose and Intent The purpose of this chapter is to protect the existing natural resources in the City. These standards preserve the natural environment and protect wildlife habitat and migration corridors. 5.00.02 - Applicability The standards in this chapter shall apply to all new development and redevelopment within the City, except for development on lots of record that were approved for single-family residential use prior to the effective date of this LDC. 5.01.00 - WETLANDS PROTECTION A. The natural function of wetlands within the City shall be protected. Potential wetlands are identified in the Comprehensive Plan; however, final delineation shall be established by an independent survey conducted in accordance with the methodology set forth in the Florida Statutes. 1. Wetlands shall not be removed, altered, or destroyed, except where permitted and mitigated as required by the Florida DEP, NWFWMD, and the U.S. Army Corps of Engineers. Proof of permit shall be provided by the City. Areas approved for mitigation shall be protected through a conservation easement with the City as a party to the easement. 2. A de minimus exemption may be granted by the Florida DEP, NWFWMD, and the U.S. Army Corps of Engineers. Where exempted, proof of exemption shall be provided to the City. 3. Where an applicant is exempt from permitting requirements of the State of Florida or the U.S. Army Corps of Engineers, the City shall determine whether a local development permit is required to protect the natural function of the wetlands. B. Setbacks required. 1. Principle buildings and all site development shall be setback from wetlands and water bodies a minimum of twenty-five (25) feet unless Florida DEP, NWFWMD and the U.S. Army Corp of Engineers provide written approval for the proposed development to encroach into the 25-foot setback. 2. Within the required setback the following activities are permissible: a. Marinas; b. Piers; c. Boardwalks; d. Walking trails; e. Riprap, but not shoreline armoring; f. Installation of buoys or other aids to navigation; g. Fences; h. Bridges, both pedestrian and vehicular; or i. Docks. 3. Development activity which is determined by the City to be water dependent or water related may be allowed. 5.02.00 - HABITAT PROTECTION A. It is the purpose of this section to provide standards necessary to protect the habitats of species, both flora and fauna, of endangered, threatened or special concern status in the City. It is the intent of this section to require that an appropriate amount of land shall be set aside to protect habitat of rare, endangered or special concern plant and animal species. B. Areas subject to the standards of this section shall be those identified in Chapter 11 of the Comprehensive Plan as habitat for rare and endangered species, threatened species, or species of special concern. Page 496 of 719 ~ 86 ~ C. A habitat management plan shall be prepared as a prerequisite to the approval of any development proposed on a site containing areas subject to this section. The habitat management plan shall be prepared by an ecologist, biologist, or other related professional. The plan shall document the presence of affected species, the land needs of the species that may be met on the development site and shall recommend appropriate habitat management plans and other measures to protect the subject wildlife. D. The site development plan for a site containing protected habitat shall not be approved except in compliance with the requirements for habitat protection set forth in the habitat management plan. Where land is set aside as protected habitat, such land shall be adjacent to existing viable habitat, a wetland, floodplain, or wildlife corridor, except when such locations are not available. 5.03.00 - AIR QUALITY 5.03.01 - Compliance with State and Federal Regulations To protect and enhance the air quality of the City, all sources of air pollution shall comply with rules set forth by the Environmental Protection Agency (Code of Federal Regulations, Title 40) and the Florida DEP. In all cases the strictest of the applicable standards shall apply. No person shall operate a regulated source of air pollution without a valid operation permit. 5.03.02 - Testing Required Air pollution emissions shall be tested, and results reported in accordance with techniques and methods adopted by the Florida DEP and submitted to the State. These tests shall be carried out under supervision of the State and at the expense of the person responsible for the source of emissions. 5.04.00 - HISTORICAL AND ARCHAEOLOGICAL RESOURCES 5.04.01 - Applicability The requirements of this section pertain to all structures and sites with identified historical of archaeological significance as determined by listing on the Florida Master Site File or the National Register of Historic Places. 5.04.02 - Survey Requirements A. Where a proposed development is located on a protected historical or archaeological site, a survey shall be conducted by a State of Florida qualified archaeologist or similar expert. The survey shall contain recommendations on methods of preservation, protection, or mitigation of resources on the site. The survey shall be submitted along with the application according to the submittal, review, and decision-making procedures set forth in Chapter 3. Any proposed development shall be consistent with the findings and recommendations contained in the survey. B. Where previously unidentified historical or archaeological resources are unearthed during site preparation, excavation, construction or development activity on a site, development shall be suspended, and the City shall be notified. The City shall determine if a survey is required. 5.05.00 - FLOOD DAMAGE PREVENTION 5.05.01 - General A. Title. These regulations shall be known as the Floodplain Management Article of Crestview, hereinafter referred to as "this article." B. Scope. The provisions of this article shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development. C. Intent. The purposes of this article and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general Page 497 of 719 ~ 87 ~ welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: 1. Minimize unnecessary disruption of commerce, access and public service during times of flooding; 2. Require the use of appropriate construction practices in order to prevent or minimize future flood damage; 3. Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; 4. Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; 5. Minimize damage to public and private facilities and utilities; 6. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; 7. Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and 8. Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. D. Coordination with the Florida Building Code. This article is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code. E. Warning. The degree of flood protection required by this article and the Florida Building Code, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based 011 scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this article. F. Disclaimer of Liability. This article shall not create liability on the part of City Council of Crestview or by any officer or employee thereof for any flood damage that results from reliance on this article or any administrative decision lawfully made thereunder. 5.05.02 - Applicability A. General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. B. Areas to which this article applies. This article shall apply to all flood hazard areas within the City of Crestview, as established in Section 102-402(c) of this article. C. Basis for establishing/food hazard areas. The Flood Insurance Study for Okaloosa County, Florida and Incorporated Areas dated December 6, 2002, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this article and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file in the Community Development Services at City Hall, 198 Wilson Street North, Crestview, FL 32536. D. Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Section 5.05.05 of this article the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations: 1. Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this article and, as applicable, the requirements of the Florida Building Code. 2. Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the special flood hazard area. Page 498 of 719 ~ 88 ~ E. Other laws. The provisions of this article shall not be deemed to nullify any provisions of local, state or federal law. F. Abrogation and greater restrictions. This article supersedes any regulations in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this article and any other ordinance, the more restrictive shall govern. This ordinance shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this article G. Interpretation. In the interpretation and application of this article, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under state statutes. 5.05.03 - Duties and Powers of the Floodplain Administrator A. Designation. The Community Development Services Director is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees or select a qualified candidate from Staff to serve as designee. B. Certification requirements for the Floodplain Administrator. The Floodplain Administrator shall become certified and maintain said certification in good standing during employment with the City of Crestview. The requirements for certification are as follows: 1. Within one year of being hired or designated as such, the Floodplain Management Administrator shall apply to sit for and obtain a passing grade on the Certified Floodplain Manager® examination administered by the Association of State Floodplain Managers (ASFPM). 2. The Floodplain Management Administrator shall maintain the Certified Floodplain Manager® certification through continuing education credits as required by ASFPM. C. General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this article. The Floodplain Administrator shall have the authority to render interpretations of this article consistent with the intent and purpose of this article and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this article without the granting of a variance pursuant to Section 5.05.07 of this article. D. Applications and permits. The Floodplain Administrator, in coordination with other pertinent offices of the community, shall: 1. Review applications and plans to determine whether proposed new development will be located in flood hazard areas; 2. Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this article; 3. Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation; 4. Provide available flood elevation and flood hazard information; 5. Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant; 6. Review applications to determine whether proposed development will be reasonably safe from flooding;· 7. Issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this article is demonstrated, or disapprove the same in the event of noncompliance; and 8. Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this article. E. Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change Page 499 of 719 ~ 89 ~ of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: 1. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; 2. Compare the cost to perform the improvement, the cost to repair a damaged building to its pre- damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; 3. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; for proposed work to repair damage caused by flooding, the determination requires evaluation of previous permits issued to repair flood-related damage as specified in the definition of "substantial damage" and evaluation of previous permits issued for improvements and repairs as specified in the definition of "substantial improvement"; and 4. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this article is required. F. Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 5.05.07 of this article. G. Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this article. H. Inspections. The Floodplain Administrator shall make the required inspections as specified in Section 5.05.06 of this article for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. I. Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties, including but not limited to: 1. Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 5.05.03 of this article; 2. Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA); 3. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available; 4. Review required design certifications and documentation of elevations specified by this article and the Florida Building Code to determine that such certifications and documentations are complete; and 5. Notify the Federal Emergency Management Agency when the corporate boundaries of Crestview are modified. J. Floodplain management records. Regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this article and the flood resistant construction requirements of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Map Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation o f elevations specified by the Florida Building Code and this article; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or Page 500 of 719 ~ 90 ~ denial; and records of enforcement actions taken pursuant to this article and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at City Hall, 198 Wilson St. N, Crestview, FL 32536. 5.05.04 - Permits A. Permits required Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any development activity within the scope of this article, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this article and all other applicable codes and regulations has been satisfied. B. Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this article for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit. C. Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this article: 1. Railroads and ancillary facilities associated with the railroad. 2. Nonresidential farm buildings on farms, as provide in Section 604.50, F.S. 3. Temporary buildings or sheds used exclusively for construction purposes. 4. Mobile or modular structures used as temporary offices. 5. Those structures or facilities of electric utilities, as defined in Section 366.02, F.S., which are directly involved in the generation, transmission, or distribution of electricity. 6. Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features. 7. Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. 8. Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. 9. Structures identified in Section 553.73(10)(k), F.S., are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on Flood Insurance Rate Maps. D. Application for a permit or ·approval. To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the community. The information prov ided shall: 1. Identify and describe the development to be covered by the permit or approval. 2. Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site. 3. Indicate the use and occupancy for which the proposed development is intended. 4. Be accompanied by a site plan or construction documents as specified in Section 5.05.05 of this article. 5. State the valuation of the proposed work. 6. Be signed by the applicant or the applicant's authorized agent. 7. Give such other data and information as required by the Floodplain Administrator. E. Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this article shall not be construed to be a permit for, or approval of, any violation of this article, the Florida Building Codes, or any other ordinance of this community. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. Page 501 of 719 ~ 91 ~ F. Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and justifiable cause shall be demonstrated. G. Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a floodplain development permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this article or any other ordinance, regulation or requirement of this community. H. Other permits required Floodplain development permits and building permits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted development, including but not limited to the following: 1. The Northwest Florida Water Management District; Section 373.036, F.S. 2. Florida Department of Health for onsite sewage treatment and disposal systems; Section 381.0065, F.S. and Chapter 64E-6, F.A.C. 3. Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; Section 161.055, F.S. 4. Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Anny Corps of Engineers; Section 404 of the Clean Water Act. 5. Federal permits and approvals. 5.05.05 - Site Plans and Construction Documents A. Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this article shall be drawn to scale and shall include, as applicable to the proposed development: 1. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary, for review of the proposed development. 2. Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 5.05.05(B)(2) or (3) of this article. 3. Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 5.05.05(B)(1) of this article. 4. Location of the proposed activity and proposed structures, and locations of existing buildings and structures. 5. Location, extent, amount, and proposed final grades of any filling, grading, or excavation. 6. Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. 7. Existing and proposed alignment of any proposed alteration of a watercourse. 8. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this article but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this article. B. Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator shall: 1. Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices. 2. Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source. 3. Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: Page 502 of 719 ~ 92 ~ a. Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or b. Specify that the base flood elevation is three (3) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than three (3) feet. 4. Where the base flood elevation data are to be used to support a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. C. Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this Section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents: 1. For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 102-405(d) of this article and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents. 2. For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. 3. For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in Section 5.05.05(D) of this article. D. Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. 5.05.06 - Inspections A. General. Development for which a floodplain development permit or approval is required shall be subject to inspection. B. Development other than buildings and structures. The Floodplain Administrator shall inspect all development to determine compliance with the requirements of this article and the conditions of issued floodplain development permits or approvals. C. Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this article and the conditions of issued floodplain development permits or approvals. D. Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator: 1. If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or Page 503 of 719 ~ 93 ~ 2. If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 5.05.05(B)(3)(b) of this article, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent. E. Buildings, structures and facilities ·exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in Section 102- 406(d) of this article. F. Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this article and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Floodplain Administrator. 5.05.07 - Variances and Appeals A. General. The Board of Adjustment shall hear and decide on requests for appeals and requests for variances from the strict application of this article. Pursuant to Section 553.73(5), F.S., the Board of Adjustment shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code. B. Appeals. The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of this article. Any person aggrieved by the decision of the Board of Adjustment may appeal such decision to the Circuit Court, as provided by Florida Statutes. C. Limitations on authority to grant variances. The Board of Adjustment shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 5.05.07(G) of this article, the conditions of issuance set forth in Section 5.05.07(H) of this article, and the comments and recommendations of the Floodplain Administrator and the Building Official. The Board of Adjustment has the right to attach such conditions as it deems necessary to further the purposes and objectives of this article. D. Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in Section 5.05.05(C) of this article. E. Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code. F. Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this article, provided the variance meets the requirements of Section 5.05.07(D), is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. G. Considerations for issuance of variances. In reviewing requests for variances, the Board of Adjustment shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this article, and the following: 1. The danger that materials and debris may be swept onto other lands resulting in further injury or damage; 2. The danger to life and property due to flooding or erosion damage; 3. The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; 4. The importance of the services provided by the proposed development to the community; 5. The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion; Page 504 of 719 ~ 94 ~ 6. The compatibility of the proposed development with existing and anticipated development; 7. The relationship of the proposed development to the comprehensive plan and floodplain management program for the area; 8. The safety of access to the property in times of flooding for ordinary and emergency vehicles; 9. The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; 10. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilitiefas such as sewer, gas, electrical and water systems, streets and bridges; and 11. The request for variance shall be submitted prior to commencement of any development or the start of any construction. H. Conditions for issuance of variances. Variances shall be issued only upon: 1. Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this article or the required elevation standards; 2. Determination by the Board of Adjustment that: a. Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship; b. The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and c. The variance is the minimum necessary, considering the flood hazard, to afford relief; 3. Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land; and 4. If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25 for $100 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property. 5.05.08 - Violations A. Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this article that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this article, shall be deemed a violation of this article. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this article or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. B. Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this article and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's ag ent, or to the person or persons performing the work. C. Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by the Crestview Code of Ordinances. Section 1-11. 5.05.09 - Definitions A. Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this article, have the meanings shown in this Section. Page 505 of 719 ~ 95 ~ B. Terms defined in the Florida Building Code. Where terms are not defined in this article and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. C. Terms not defined Where terms are not defined in this article or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision of this article. ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA. Base flood. A flood having a I-percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 202.] The base flood is commonly referred to as the "100-year flood" or the "I-percent-annual chance flood." Base flood elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 202; see Basement (for flood loads).] Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 202.] Declaration of Land Restriction. A form, provided by the City, signed by the owner and recorded on the property deed in Official Records of the Clerk of Courts, to agree not to convert or modify in any manner that is inconsistent with the terms of the building permit and these regulations, enclosures that are 6 feet in height or greater below elevated buildings. Design flood. The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 202.] 1. Area with a floodplain subject to a I-percent or greater chance of flooding in any year; or 2. Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Design flood elevation. The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 202.] Development. Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities. Encroachment. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before February 3, 1993. [Also defined in FBC, B, Section 202.] Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pour ing of concrete pads) is completed before February 3, 1993. Page 506 of 719 ~ 96 ~ Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in FBC, B, Section 202.] 1. The overflow of inland or tidal waters. 2. The unusual and rapid accumulation or runoff of surface waters from any source. Flood damage-resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 202.] Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section 202.] 1. The area within a floodplain subject to a I-percent or greater chance of flooding in any year. 2. The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. [Also defined in FBC, B, Section 202.] Flood Insurance Study (FIS). The official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 202.] Floodplain Administrator. The office or position designated and charged with the administration and enforcement of this article (may be referred to as the Floodplain Manager). Floodplain development permit or approval. An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this article. Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that must be r eserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. [Also defined in FBC, B, Section 202.] Floodway encroachment analysis. An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. Florida Building Code. The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas. Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities. Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. Historic structure. Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings. Page 507 of 719 ~ 97 ~ Letter of Map Change (LOMC). An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: Letter of Map Amendment (LOMA). An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. Letter of Map Revision (LOMR). A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. Letter of Map Revision Based on Fill (LOMR-F). A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations. Conditional Letter of Map Revision (CLOMR). A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is: 1. Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or 2. Designed primarily for transportation of persons and has a capacity of more than 12 persons; or 3. Available with special features enabling off-street or off-highway operation and use. Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 202.] Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer." [Also defined in 15C-1.0101, F.A.C.] Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market value. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this article, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser. New construction. For the purposes of administration of this article and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after February 3, 1993 and includes any subsequent improvements to such structures. New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after February 3, 1993. Page 508 of 719 ~ 98 ~ Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. [See Section 320.01, F.S.] Recreational vehicle. A vehicle, including a park trailer, which is: [See Section 320, F.S.) 1. Built on a single chassis; 2. Four hundred (400) square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light-duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, Al-A30, AE, A99, AH, Vl-V30, VE or V. [Also defined in FBC, B Section 202.] . Start of construction. The date of issuance of permits for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. ·Fora substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B Section 202.] Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. The term also includes flood- related damage sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. [Also defined in FBC, B Section 202.] Substantial improvement. Any combination of repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure taking place during a two (2)-year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. For each building or structure, the two (2)-year period begins on the date of the first improvement or repair of that building or structure subsequent to October 14, 1996. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. [Also defined in FBC, B, Section 202.] Variance. A grant of relief from the requirements of this article, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this article or the Florida Building Code. Watercourse. A river, creek, stream, channel or other topographic feature in, on, though, or over which water flows at least periodically. Page 509 of 719 ~ 99 ~ 5.05.10 - Buildings and Structures Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to Section 5.05.04(C) of this article, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of Section 5.05.16 of this article. 5.05.11 - Subdivisions A. Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that: 1. Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; 2. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and 3. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. B. Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required: 1. Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats; 2. Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 5.05.05(B)(1) of this article; and 3. Compliance with the site improvement and utilities requirements of Section 5.05.12 of this article. 5.05.12 - Site Improvements, Utilities, and Limitations A. Minimum requirements. All proposed new development shall be reviewed to determine that: 1. Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; 2. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and 3. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. B. Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. C. Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. D. Limitations on sites in regulatory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory :floodway unless the floodway encroachment analysis required in Section 5.05.05(C)(1) of this article demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. E. Limitations on placement of fill. Subject to the limitations of this article, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings and structures, fill shall comply with the requirements of the Florida Building Code. Page 510 of 719 ~ 100 ~ 5.05.13 - Manufactured Homes A. General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to Section 320.8249, F.S., and shall comply with the requirements of Chapter 15C -l, F.A.C., City of Crestview Code of Ordinances and the requirements of this article. B. Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that are either: 1. Consistent with the site and flood limitations and design criteria and the recommended prescriptive designs specified in FEMA P-85, Protecting Manufactured Homes from Floods and Other Hazards. Foundations for manufactured homes subject to 5.05.13 are permitted to be reinforced piers or other foundation elements of at least equivalent strength. 2. Engineered by a licensed design professional for the base flood conditions at the site in accordance with the foundation requirements of ASCE-24, ASCE-7, and this article. C. Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored fow1dation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. D. Elevation. Manufactured homes that are placed, replaced, or substantially improved shall comply with Section 5.05.13(E) or 5.05.13(F) of this article, as applicable. E. General elevation requirement. Unless subject to the requirements of Section 5.05.13(F) of this article, all manufactured homes that are placed, replaced, or substantially improved on sites located: 1. outside of a manufactured home park or subdivision; 2. in a new manufactured home park or subdivision; 3. in an expansion to an existing manufactured home park or subdivision; or 4. in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2. F. Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 5.05.13(E) of this article, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: 1. Bottom of the frame of the manufactured home is at or above the elevation required in the Florida Building Code, Residential Section R322.2 (Zone A); or 2. Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade. G. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322 for such enclosed areas. A declaration of land restriction must be submitted for any enclosed areas that are 6 feet in height or greater as a condition for issuance of a final Certificate of Occupancy. H. Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322. 5.05.14 - Recreational Vehicles and Park Trailers A. General. Permanent placement of recreational vehicles and park trailers is not permitted. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall: · 1. Comply with the outside storage and temporary use as shown in the City of Crestview Code of Ordinances Chapter 38, Article VIII – Vehicle Storage; and 2. Be on the site for fewer than 180 consecutive days; and Page 511 of 719 ~ 101 ~ 3. Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches. 5.05.15 - Tanks A. Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty. B. Above-ground tanks, not elevated Above-ground tanks that do not meet the elevation requirements of Section 5.05.15(C) of this article shall be permitted in flood hazard areas, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris. C. Above-ground tanks, elevated Above-ground tanks in flood hazard areas shall be-attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area. D. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: 1. At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and 2. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. 5.05.16 - Other Development A. General requirements for other development. All development, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in this article or the Florida Building Code, shall: 1. Be located and constructed to minimize flood damage; 2. Meet the limitations of Section 5.05.12(D) of this article if located in a regulated floodway; 3. Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; 4. Be constructed of flood damage-resistant materials; and 5. Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations. B. Fences in regulated floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 5.05.12(D) of this article. C. Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 5.05.12(D) of this article. D. Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of Section 5.05.12(D) of this article. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 5.05.05(C)(3) of this article. Page 512 of 719 ~ 102 ~ CHAPTER 6 DEVELOPMENT STANDARDS 6.00.00 - GENERALLY 6.00.01 - Applicability A. The purpose of this chapter is to provide development standards applicable to all development activity within the City. Subdivisions, new land uses and structures, and alterations to exist ing land uses and structures shall be designed, constructed, and established in compliance with the development standards for the applicable zoning district and the development standards for all zoning districts as set forth in this chapter. B. Infrastructure Standards for roads and streets, sanitary sewer, potable water, stormwater drainage, solid waste and natural groundwater aquifers shall be found in the Crestview Engineering Standards Manual. 6.00.02 - Measurements A. Lot Width and Lot Frontage. 1. Lot width is the horizontal distance between side lot lines measured at the intersection of the front setback and the side lot lines. Figure 6.00.02 (A). Lot Width 2. Lot frontage is the property line affronting a right-of-way. a. Minimum lot frontage for residential zoned property shall be forty (40) feet, except for flag lots. B. Setbacks and yards. 1. Setbacks are measured as the shortest distance from the face of the exterior building wall to the property line. 2. A yard is the space from the property line or right of way line to the vertical face of a building. 3. The rear yard setback for any waterfront lot is measured to the mean high-water line. 4. Eave overhangs of the primary structure shall meet the specifications and requirements of the current Florida Building Code. a. Eave overhangs of equal to or less than the limits of the Florida Building Code shall not be included as a main part of any building. b. No eave overhang shall be closer than three (3) feet from any property line. c. The City Building Official may provide additional requirements. Page 513 of 719 ~ 103 ~ Figure 6.00.02 (B). Setbacks and Yards C. Specific measurement requirements for flag lots. 1. The design requirements for platting flag lots are set forth in Section 6.07.00(C). 2. A flag lot is exempt from the frontage requirements set forth in this LDC, provided that the width of the pole or access portion of the lot is not less than twenty-five (25) feet. 3. The maximum length of the pole portion of the lot, measured from the right-of-way to the end of the pole at the point of connection to the flag is 150 feet. 4. The setbacks for a flag lot are measured for the flag portion of the lot, excluding the pole portion of the lot. D. The impervious surface ratio is calculated by dividing the total of all impervious surfaces on the lot by the total lot area. Water bodies are impervious surfaces. E. Building height 1. Building height is measured from the top of the floor at the finished floor elevation to the eave of the highest habitable floor. 2. Calculation of maximum building height shall not include the roof above the eave of the highest habitable floor. 3. Calculation of maximum building heights shall not include water towers, utility facility, or appurtenances or attachments such as chimneys, elevator shafts, antennas, decorative architectural features, steeples, air conditioning equipment enclosures, cupolas, weather vanes, and other similar building features. All appurtenances or attachments which are exempt for purposes of calculating the maximum height shall not be habitable. In certain zoning districts, it may be necessary to calculate the height of a building from mean sea level in order to determine compatibility with the Eglin Air Force Base mission, in which case appurtenances shall also be considered. Page 514 of 719 ~ 104 ~ Figure 6.00.02 (E). Building Height 6.00.03 - Compatibility Standards Pertaining to Building Height in All Zoning Districts A. Applicability. The standards set forth in this section apply to buildings other than single-family dwellings when such buildings are located adjacent to parcels zoned to allow single-family residential use. B. Maximum height standards 1. The maximum height for buildings located 100 feet or less from a parcel with a single-family residential use shall not exceed two (2) times the average height of single-family dwellings in the adjacent or surrounding block. Figure 6.00.03 (B). Building Height & Distance from SFR 6.00.04 - Standards Pertaining to Metal Buildings in All Zoning Districts A. Applicability 1. The standards set forth in this section apply to principal buildings and accessory buildings larger than 1,000 sq. Ft. 2. The requirement for a veneer applies to metal building facades that are visible from a public right-of-way. 3. Metal buildings within the IN zoning district are exempt from the requirements in this section. B. Standards. 1. Facades subject to this section shall have a veneer added consisting of brick, stucco, stone, or a similar decorative material. 2. The decorative material shall be applied to 100 percent of the façade. C. Waiver Entitlement. The requirements of this section may be waived by the Planning and Development Board, pursuant to certain review criteria as outlined in Chapter 3. 6.01.00 - DEVELOPMENT STANDARDS IN RESIDENTIAL DISTRICTS 6.01.01 - Site Development Standards A. Lots existing before the effective date of this Chapter shall continue to be considered as compliant regardless of any requirements of this Chapter that are not met. B. The base standards for development in residential zoning districts are provided in Table 6.01.01. C. A lot of record is a lot established on or before December 31, 2020. A lot of record is exempt from the lot area requirements set forth in Table 6.01.01. Page 515 of 719 ~ 105 ~ Table 6.01.01 - Development Standards in Residential Zoning Districts Development Feature R-1E R-1 R-2 R-3 Maximum base density (dwelling units per acre) 2 4 6 FLU Minimum lot area (square feet) 14,000 10,000 7,000 5,000 Minimum lot width (feet) 75 75 50 40 Maximum impervious surface (percent) 50 50 50 75 Minimum setbacks (feet) R-1E R-1 R-2 R-3 Front setback (along right of way) 30 30 25 20 Side setback (Lot line intersecting right of way) 10 10 7.5 5 Rear setback (intersecting side lot lines) 25 25 20 15 6.01.02 - Residential Design Standards All single-family dwellings, whether site-built or built off-site and moved onto the lot shall comply with the following design standards. In all cases below, the Florida Building Code, Residential shall be complied with. A. The minimum length and width of the building shall be twenty (20) feet. B. The minimum roof pitch shall be 3:12. C. The minimum roof overhang shall be twelve (12) inches, exclusive of porches and patios. D. All single family dwellings shall be situated on the lot so that the front door of the home faces the front yard. 1. Mobile homes, manufactured homes, or modular homes not located within a manufactured home community may be oriented up to 90 degrees to the front yard on the lot in any way which the location of the front door may face the side yard. In no case shall the front door of the home face a rear yard. 2. Properties containing mobile homes, manufactured homes, or modular homes placed per the provisions of 6.01.02(D)(1) may not have any fences taller than 4 feet located between the front door of the homes and the front property line. 2.3. Single family dwellings located on flag lots may be oriented so that the front door faces the access drive. 3.4. All other aforementioned development standards in section 6.00.00 shall be required, other than those that are superseded in this subsection. E. The building shall be constructed according to standards established by the Florida Building Code, Residential. F. The exterior siding material shall consist of approved materials in accordance with the Florida Building Code, Residential. Where vinyl lap siding is used, the siding shall not have a glossy surface or be reflective. G. The dwelling shall be attached to a permanent foundation system, including supporting, blocking, leveling, securing, and anchoring the home and connecting multiple and expandable sections of the home. The foundation shall be designed and constructed according to the requirements of the current Florida Building Code, Residential. H. Roof materials shall be any material approved by the Florida Building Code, Residential. I. For dwellings elevated forty-eight (48) inches or less, the area beneath the home shall be enclosed by brick, concrete, wood, rock, vinyl or other materials specifically manufactured for this purpose and shall enclose the space between the floor joists and the ground level, except for the required minimum ventilation and access. Such access shall remain closed when not being used for that purpose. J. For manufactured homes, all tongues, wheels, axles, transporting lights and other towing apparatus shall be removed from the site prior to occupancy. K. For manufactured homes, none manufactured before June 15, 1976 shall be permitted. L. At each exterior door, there shall be a landing that is in accordance with the Florida Building Code, Residential. M. Duplex (two connected single-family dwelling unit) structures 1. May be placed across a single side property line, at the line of unit separation, provided all other zoning requirements and setbacks are observed, and the unit-separating wall meets the appropriate standards of the Florida Building Code and any applicable fire codes. Page 516 of 719 ~ 106 ~ 2. The minimum length and width of each duplex unit shall be twenty (20) feet. 3. All other aforementioned design standards in section 6.01.02 shall be required, other than those that are superseded in this subsection. 4. Each unit in a duplex structure must have its own utility connections. 4.N. Recreational Vehicles, Campers, Camp Trailers or mobile dwelling vehicles that are not regulated by the Florida Building Code, Residential, are not permitted for use as dwellings. 6.02.00 - DEVELOPMENT STANDARDS IN MIXED-USE DISTRICTS 6.02.01 - Site Development Standards A. The base standards for development in the mixed-use zoning districts are provided in Table 6.02.01, except as modified below. B. Specific site development standards apply within the Downtown Overlay District, as set forth in Section 6.02.04. Standards in the DOD supersede the standards in the underlying zoning district. Table 6.02.01 - Development Standards in Mixed-Use Zoning Districts Development Feature MU Maximum base density (dwelling units per acre) 20 Maximum gross floor area ratio 2.0 Minimum lot area None Minimum lot width (feet) 50 Maximum impervious surface (%) 80 Maximum building height (feet) 70 Minimum setbacks (feet) MU Front yard 20 Side yard 7.5 Rear yard 15 6.02.02 - Standards for Mixing Uses on One (1) Lot A. Uses identified in Table 4.06.00 for the mixed-use zoning district may be combined on one (1) development lot or parcel. B. When combining uses, the development may include the maximum number of residential units based on the density calculation plus the maximum amount of floor area based on the floor area ratio. Residential dwelling units are not included in the calculation of floor area. C. Shared parking is required. A parking study shall be prepared according to the standards set forth in Section 8.06.06 to demonstrate the actual parking requirements for the project. D. Where multiple uses and multiple buildings are proposed on one (1) lot, there is no buffer requirement between buildings containing different uses. E. Multiple buildings proposed on one (1) lot shall have an integrated design. An integrated design shall not be construed to mean that buildings are identical. F. Access to residential units shall be separated from access to nonresidential development in order to provide privacy for residents. A shared entrance to a building may be established, provided that the interior entrances to the residential areas and nonresidential areas are separated. G. Balconies, courtyards, plazas, recreation areas, and outdoor gathering places shall be located and designed to ensure privacy for residents. Formatted Page 517 of 719 ~ 107 ~ H. Buildings may have a common wall. However, when separated, the separation shall be a minimum of five (5) feet to ensure space for maintenance of each building. 6.02.03 - Standards for Mixing Uses Within One (1) Building A. Uses identified in Table 4.06.00 for the mixed-use zoning district may be combined within one (1) building. The building may stand alone on a development parcel or may be integrated into a mixed-use development consisting of multiple buildings. B. When combining uses, the development may include the maximum number of residential units based on the density calculation plus the maximum amount of floor area based on the floor area ratio. Residential dwelling units shall not be included in the calculation of floor area. C. Shared parking is required. A parking study shall be prepared according to the standards set forth in Section 8.06.06 to demonstrate the actual parking requirements for the project. D. Access to residential units shall be separated from access to nonresidential development in order to provide privacy for residents within the building. This requirement may be met when an elevator serves upper floor residential units through a secured access method, such as key-activated access to residential floors. E. Balconies, courtyards, plazas, recreation areas, and outdoor gathering places shall be located and designed to ensure privacy for residents. 6.02.04 - Site Development Standards for the Downtown Overlay District (DOD) A. The DOD is intended to provide development standards specific to the downtown area of Crestview. The boundary is shown on the Official Zoning Map. B. The development standards shown in Table 6.02.04 below supersede and replace the development standards otherwise required for the underlying zoning district. Where no standard is provided in Table 6.02.04, the standards of the underlying zoning district are required. C. Buildings within the DOD are not subject to the standards set forth in Section 6.00.03, 6.03.01. D. In addition to signs permissible subject to the standards set forth in Section 7.02.00, development within the DOD may have one (1) sandwich sign in compliance with the following standards: 1. The sign shall not exceed two (2) feet in width. 2. The color and font shall be consistent with the color and font of other signs for the business displaying the sandwich sign. 3. The sign shall include the business name or logo. 4. The sign shall be located on private property. Where five (5) feet of width on the sidewalk can be maintained free of obstruction, the sign may be placed on the public sidewalk. When a sign is proposed to be located on the public sidewalk, the owner shall provide proof of insurance naming the City as an insured party. 5. A sandwich sign shall only be displayed during the hours of operation of the business named on the sign. 6. The sign shall have no lights of any kind. E. New development or redevelopment shall include sidewalks that are consistent with the requirements in the Engineering Standards Manual of Crestview. F. Awnings or permanent canopies sufficient to provide weather protection to pedestrians consistent with the district for all new construction and any modifications exceeding 25% of the value of the building. G. Development in the DOD is exempt from providing additional off-street parking spaces as set forth in Section 8.06.05 provided that there is sufficient public parking capacity in the block in which the proposed business is located. Twenty-five (25) percent of the parking in adjacent blocks may be counted. 1. The City shall evaluate the available capacity of public parking in the Downtown Overlay District on a regular basis and make the information available to applicants upon request. 2. If the City determines that available public parking capacity is insufficient for the proposed business, the applicant shall provide the required number of off-street parking spaces. The applicant may submit a parking study acceptable to the City that demonstrates the parking needs of the proposed business. Table 6.02.04 - Development Standards Within the Downtown Overlay District Development Feature Standards Minimum lot width (feet) None Page 518 of 719 ~ 108 ~ Maximum impervious surface (%) 100 Maximum building height (feet) 120 Minimum setbacks (feet) Front setback 0 Side setback 0 Rear setback 0 Setback abutting an alley 5 6.02.05 - Site Development Standards for the Foxwood Overlay District (FOD) A. The Foxwood Overlay District is intended to provide development standards specific to the Foxwood area of Crestview. The boundary is shown on the Official Zoning Map. B. The development standards shown in Table 6.02.05 below supersede and replace the development standards otherwise required for the underlying zoning district. Where no standard is provided in Table 6.02.05, the standards of the underlying zoning district are required. C. All existing platted lots as of the annexation of this neighborhood shall be deemed to be in compliance with the LDC. Table 6.02.05 - Development Standards Within the Foxwood Overlay District Development Feature Standards Minimum lot width (feet) 75 Minimum lot frontage (feet) 20 Maximum impervious surface (%) 55 Maximum building height (feet) 45 Minimum setbacks (feet) Front setback 20 Side setback 10 Rear setback 10 6.03.00 - DEVELOPMENT STANDARDS FOR COMMERCIAL AND INDUSTRIAL DISTRICTS 6.03.01 - Site Development Standards A. The base standards for development in commercial and industrial zoning districts are provided in Table 6.03.01. B. Specific site development standards apply within the Downtown Overlay District, as set forth in Section 6.02.04. C. Proposed building height, including appurtenances and building attachments, in any district shall be analyzed to determine if it exceeds any limitations of the Eglin Air Force Base. In consultation with an Eglin AFB representative, the City may establish the maximum height at less than the heights in the table below, but no less than the maximum structure height (above mean sea level) causing no major negative mission impacts for Eglin AFB, as depicted in the Map. Table 6.03.01 - Development Standards in Commercial and Industrial Zoning Districts Page 519 of 719 ~ 109 ~ Development Feature C-1 C-2 IN Maximum gross floor area ratio 2.0 3.0 3.0 Minimum lot area None 32,000 s.f. 65,000 s.f. Minimum lot width (feet) None 100 100 Maximum impervious surface (%) 80 80 95 Maximum building height (feet) 50 100 None Minimum setbacks (feet) C-1 C-2 IN Front yard 20 30 40 Side yard 10 20 30 Rear yard 10 20 30 6.03.02 - Nuisance/Pollution Standards for Industrial Developments All uses and activities conducted in the IN zoning district shall conform to the standards of performance described below. The failure to conform to any such standards is hereby declared to be a public nuisance. A. Fire and explosion hazards: All activities and all storage of flammable and explosive materials or products at any place shall be provided with adequate safety devices against the hazards of fire and explosion, including adequate firefighting and fire suppression equipment, as prescribed by all applicable fire prevention laws, ordinances, and regulations. B. Radiation: Any operation involving radiation (e.g. the use of neutrons, protons and other atomic or nuclear particles) shall be conducted in accordance with the codes, rules, and regulations of State and Federal regulating agencies. Radiation limitations shall not exceed quantities established as safe by the United States Bureau of Standards. C. Electromagnetic radiation: For the purpose of these regulations, electromagnetic interference shall be defined as disturbances of an electromagnetic nature which are generated by the use of electrical equipment, other than planned and intentional sources of electromagnetic energy, which would interfere with the proper operation of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure or any other use directly or indirectly associated with these purposes which does not comply with the current regulations of the Federal Communications Commission (FCC) regarding such sources of electromagnetic radiation. Further, said operations, in compliance with the FCC regulation s, shall be unlawful if such radiation causes an abnormal degradation of performance of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious re-radiation, conducted energy in power or telephone systems or harmonic content. The determination of "abnormal degradation of performance" and of "quality and proper design" shall be made in accordance with good engineering practices as defined in the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers and the Radio Manufacturers' Association. D. Toxic or hazardous matter: Any activity involving the use or storage of toxic or hazardous matter shall comply with all State, Federal and local laws and all regulations of any Federal, State, or local agency concerning pollution control or toxic substances. E. Waste disposal: No activity shall be conducted which results in the discharge of any liquid or solid waste, including industrial wastes, into any public or private sewage system, the ground, or any lake, stream, or other body of water, in violation of any provision of State, Federal or local law or any regulation of any State, Federal or local agency. F. Vibration: No use of any property shall cause perceptible earth vibrations beyond any property line, except when pilings are driven for structure foundations. All stamping machines, punch presses, press brakes, hot forgings, steam board hammers, or similar devices shall be placed on shock absorption mountings and on Page 520 of 719 ~ 110 ~ suitable reinforced concrete footings. No machine shall be loaded beyond the capacity, as described by the manufacturers. G. Heat, cold, dampness, or movement of air: Activities on any property which produce any adverse effect on the temperature, motion, or humidity of the atmosphere beyond the lot lines are not permitted. H. Glare: There shall be no direct or sky-reflected glare, whether from floodlights, high temperature processing, combustion, welding, or otherwise so as to be visible at, or interfere with uses on, adjacent properties. I. Smoke, dust, and particulate matter: There shall be no emission of visible smoke, dust, dirt, fly ash, or any particulate matter from any pipes, vents, or other openings or from any other source, into the air which can cause damage or irritation to health, animals, vegetation, or to any form of property or which results in the violation of any applicable Federal, State or local requirements. J. Odor: There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at the points of measurement. Any process which may involve the creation or emission of any such odors shall be provided with both a primary and a secondary safeguard system so that control may be maintained in the event of failure of the primary safeguard system. K. Noise: Reserved 6.04.00-6.05.00 - RESERVED 6.06.00 - STANDARDS FOR SITE PREPARATION AND IMPROVEMENTS Site preparation and site improvements for all developments within the City of Crestview shall comply with the requirements set forth in the Crestview Engineering Standards Manual. Any deviations for any reason from that Manual shall be only at the sole discretion of the Director of Public Services. 6.06.01 - Site Lighting Site lighting is required for all new developments. A lighting plan shall be provided as part of the initial submittal to demonstrate compliance with the following standards. A. Lighting shall be designed to shine downward and not skyward. B. Lighting shall be shielded to avoid glare and direct illumination of adjacent properties. C. Only full-cut off lighting fixtures shall be permitted. D. Lighting shall not create glare or other hinderance to any roadways and drivers. E. Lighting within a subdivision, the light poles must be in place at the time of infrastructure installation, before the final plat is recorded. The light fixtures shall be in place and operational before each residence receives a CO. In addition, all lighting shall be in place and operational prior to the end of the applicable warranty period. F. Streets lights within residential zones must have a spacing of no more than 400 feet. Page 521 of 719 ~ 111 ~ 6.07.00 - DESIGN STANDARDS FOR SUBDIVISIONS A. Blocks. 1. The lengths, widths, and shapes of blocks shall be determined with due regard to: a. The provision of adequate building sites suitable to the special needs of the type of use contemplated; b. The need for convenient and safe access, circulation, and control of pedestrian and vehicular traffic; c. Zoning requirements as to lot sizes and dimensions; and d. Limitations and opportunities of topography. 2. Blocks shall be a maximum of 1,320 feet in length. 3. Rights-of-way for pedestrian crosswalks may be required in order to provide direct pedestrian access to schools, shopping centers, and parks. Such crosswalks shall be a minimum of ten (10) feet in width. B. Lots. 1. The lot size, width, depth, shape, orientation, and the minimum building setback lines shall comply with the requirements for the zoning district set forth in this LDC. 2. Corner lots for residential use shall have sufficient additional width to maintain same average buildable area as adjacent lots. 3. Side lot lines shall be approximately at right angles to straight right-of-way lines or radial to curved right-of- way lines. Side lot lines are defined as any lot line that intersects a Right of Way line. 4. Double frontage and reverse frontage lots shall be avoided. Where such lots are necessary to provide separation of residential development from arterial streets or to meet specific orientation requirements, the access to such lots shall be from the street with the lower functional classification. A landscaped buffer strip with a fence, in addition to landscaping and buffering required by Section 6.08.05 shall be provided along the property line abutting the street with the higher functional classification. C. Specific requirements for flag lots 1. A flag lot is any lot that does not entirely front on a public street. Frontage is provided by a private driveway. See Figure 6.07.03(C) for an illustration of a flag lot. 2. Flag lots are permissible in the R-1E, and R-1 and R-2 zoning districts and shall be measured and meet the dimensional requirements set forth in Sections 6.00.02(C) and Table 6.01.01. 3. Each private driveway shall serve only up to two (2) flag lots. 4. There shall be no more than two (2) abutting private driveways. 5. The design, dimensions, and construction requirements for driveways shall comply with the Crestview Engineering Standards Manual. 6. Nothing in this section shall be construed to prohibit flag lots in a planned unit development. Figure 6.07.03 (C). Illustration of a flag lot D. Access requirements 1. Each lot shall have frontage on and permanent access to an existing or proposed paved public street. a. Private Streets are only allowed where an HOA is established in perpetuity. b. No streets will be accepted by the City for ownership or maintenance until the streets have met the standards for all streets as identified in the current edition of the Crestview Engineering Standards Manual. Page 522 of 719 ~ 112 ~ 2. A subdivision plat shall include streets as established by transportation plans in the Comprehensive Plan, the Transportation Planning Organization, or other similar plan. The arrangement, character, extent, width, grade, and location of all streets shall conform to the plans of the State, Okaloosa County, and the City, respectively, and shall be considered in their relation to existing and planned streets, to topographical conditions, and to public convenience and safety. 3. Alleys shall be provided to serve multifamily development, commercial development, and industrial development. 4. All streets shall be designed and constructed in compliance with the standards of the City set forth in the Crestview Engineering Standards Manual. All costs shall be paid by the developer. 5. Subdivisions shall include sidewalks and bicycle paths or lanes in compliance with the standards set forth in Chapter 8 of this Land Development Code and the Crestview Engineering Standards Manual. E. Easements. All lots within a subdivision shall provide easements for stormwater drainage, water systems, sanitary sewer systems, gas lines, electric lines, cables, telephone lines, and utility poles. Standards for such utility easements are set forth in the Crestview Engineering Standards Manual. F. Site improvements. 1. All subdivisions shall be required to have underground utility service (electrical, cable television, telephone, water, and sewer) unless all lots within the subdivision front existing streets that currently are serviced above ground. 2. If the subdivision plat proposes more than ten (10) lots or more then, a recreation facilities assessment equal to 5% of the predevelopment land value according to the property appraiser shall be due prior to the issuance of a Preliminary Development Order. In some cases, land can be deeded to the City provided that land is deemed of sufficient size and quality to be utilized as a public City Park. This shall be at the sole discretion of the Director of Crestview Recreation Enrichment Services Department. 3. Land which is determined to be unsuitable for subdivision due to flooding, bad drainage, or other features likely to be harmful to the health, safety, and general welfare of future residents, shall not be subdivided, unless adequate methods of correction and mitigation are formulated by the developer and approved by the City and any other agency having jurisdiction. 4. All applicable standards set forth in Chapter 5, Environmental and Resource Protection, shall be met. 5. All applicable standards set in the Crestview Engineering Standards manual shall be met. G. The street and block layout. 1. Streets. The street layout of the subdivision shall be in general conformity with a plan for the most advantageous development of adjoining areas and the entire neighborhood. This shall apply to all streets, including private streets. a. Where appropriate to the design, proposed streets shall be continuous and in alignment with existing, planned, or platted streets with which they are to connect. b. Proposed streets may be required to extend to the boundary lines of the tract to be subdivided where such an extension is required to connect with streets in an existing, platted, or planned subdivision. The extension or connection requirement by the city will be based upon traffic circulation or public safety issues and compatibility of adjacent land uses. c. In a proposed subdivision of 50 lots or more adjacent to an existing or platted subdivision where extension of proposed streets to the boundaries would dead end with no feasible street connections, there shall be at least two entrance streets into the subdivision where feasible. Interior streets shall be designed so as to provide more than one route to as many residences as feasible. d.c. If the proposed subdivision is adjacent to an undeveloped area, at least one proposed street shall terminate at a boundary line of the undeveloped area. A temporary turning circle shall be required at the end of that street or streets with an outside diameter of 60 feet. This requirement may be waived if the traffic pattern of the subdivision contains more than one exit to a city or county road or if traffic circulation or public safety requirements do not dictate a street terminus at a boundary line of the undeveloped area. e.d. If an existing half-width public or private street or other right-of-way easement is parallel and contiguous with the boundary of a proposed subdivision, the other half-width right-of-way will be dedicated in the proposed subdivision and shall be the width necessary to create a right-of-way along the entire boundary of the proposed subdivision which meets minimum width requirements as set Page 523 of 719 ~ 113 ~ forth in article VIII of this chapter. If the additional right-of-way required to continue the existing dedicated road or other easement in a continuous, orderly manner is not in the proposed subdivision, the developer will prepare the agreement or easement for dedicating the additional right-of-way required and will attempt to obtain such right-of-way. However, the city may assist in acquisition of such right-of-way when in the public interest, where governmental action is necessary to acquire the property and the developer advances all costs and expenses incurred by the city in taking such action. f.e. A cul-de-sac or local dead-end street shall not exceed 1,320 feet in length. g.f. Street lighting shall be provided in accordance with Section 6.06.01 of this code. The Developer shall make arrangements with the power company and bear the cost of power during the warranty period. Then the street light electrical account shall transfer to the Home Owners Association serving the same. H. Subdivision Landscaping Requirements 1. Any subdivision landscaping or island must be in a platted common area, dedicated to the Homeowner’s Association. 6.08.00 - STANDARDS FOR LANDSCAPE DEVELOPMENT 6.08.01 - Intent It is the intent of this Section to: A. Establish minimum landscaping standards for all development within the City; B. Protect the public's health, safety, and welfare; C. Protect the natural environment, ecosystem, existing wetlands, and waterways; D. Improve the quality of appearance of the built environment by preserving natural elements where possible and incorporating new landscaped areas; E. Protect and improve property values; F. Establish an integrated system of landscaping and beautification of the City's corridors; G. Ensure visual accessibility to businesses. H. The City of Crestview encourages innovative water conservation planning, design and techniques, including xeriscape landscaping methods as defined in the Crestview Engineering Standards Manual. 6.08.02 - Definitions Definitions of terms used in this chapter can be found in Chapter 2 -– Acronyms and Definitions. 6.08.03 - Applicability A. This section applies to all new development. 1. New development within an existing multi-use structure, non-residential, or multi-family development shall be required to provide landscaping in conformance with this section only to the portions of the site containing the new development, unless Sub-Section 6.08.03(C) applies. B. This section shall apply to existing development and redevelopment when any of the following occurs: 1. When a Change in Use requires the construction of additional parking and/or vehicle use area(s). 2. When any principal nonresidential structure or complex of structures is enlarged by 50 percent or more in gross floor area, the entire site shall conform to the requirements of this Section. 3. When alterations to any principal nonresidential or multifamily structure or complex of structures exceed 30 percent of the assessed value over an 18-month period, the entire site shall be made to conform to the requirements of this Section. 4.3. When any vehicle use area is constructed or established, or when an existing vehicle use area is enlarged by 50 percent or greater, the entire vehicle use area shall conform to the requirements of this Section. a. When an existing vehicle use area is enlarged by less than 50 percent, that portion of the vehicle use area shall conform to the requirements of this Section. C. The following development is exempted from the requirements of this section: 1. Single Family detached dwellings. 2. Duplex dwellings. Page 524 of 719 ~ 114 ~ 6.08.04 - Administrative Modifications A. The Director of Community Development Services, or designee, shall have the authority to modify the requirements of this section when he or she determines that it is physically impossible or, for all intents and purposes, wholly impractical, for a development to meet the requirements of this Section. B.1. This determination shall be based upon the location, placement, or configuration of existing structures, site dimensions, site topography, underground and overhead utilities, and other physical characteristics of the development site itself. C.2. If it is determined that modifications are required, the Director, or designee, may allow for the following only: 1.a. Placement of required trees elsewhere on site; 2.b. Grouping(s) of required trees; 3.c. Waiver of a portion of the requirements, provided that the requirements of this section are implemented to the fullest extent on those portions of the development site that can physically accommodate these requirements. 6.08.05 - Landscape Plan Required A. To ensure compliance with the standards of this section, a landscape plan demonstrating how landscaping will be planted on a development site shall be included as a part of any application for development approval for the following: any commercial development. 1. Special Use Permit; 2. Commercial Site Plan of any size; 3. Any commercial Subdivision; B. No submittal for any development shall be deemed complete unless a landscape plan has been submitted. C. No development order or development permit shall be issued until a landscape plan has been submitted and approved as meeting the requirements of this section. D. Landscape plans shall be signed and sealed by a landscape architect who is licensed to practice in the State of Florida, and in good standing. E. Landscape plans shall be submitted to the Planning and Zoning Department, separately from or as a component part of required development plans. In either case, the application process will not proceed to review without the Landscape Plan. F. All landscape materials depicted on the approved landscape plan shall be installed prior to the issuance of a Certificate of Occupancy. G.D. Landscape plans shall include the following contents and information: 1. Location of all existing protected trees that are on the protected trees list on a development site, with their species (common name), and DBH, and crown or spread identified. 2. Denote existing protected trees to be removed and those to be saved., together with a table of this information. a. For all protected trees being removed, a certified arborist, landscape architect, or similarly qualified professional is required to determine if those trees can be safely moved to another location on the site, or state if they cannot. 3. Locations of all landscaping improvements including species (common name), crown, and DBH of trees and species of shrubs, grasses and ground cover(s). 4. Total landscaped area, total impervious surface areas, and total project limits. 5. Location of all proposed driveways, parking areas, sidewalks, buildings, walls, fences, signs, and any other non-landscape components which will intersect and/or improvements to be constructed or installed within the required landscape areas. 6. Any utilities, overhead or underground, in the vicinity of the landscape areas shall be shown. Any potential impacts with the utilities shall be noted. Acceptance of the landscape material by an effected utility company may be required, such as trees adjacent to an overhead power line. 7. Location of any proposed irrigation system if applicable. or other watering apparatus. 8. Reference to the applicable sections identifying the minimum landscape and installation requirements of this code. Formatted Formatted Page 525 of 719 ~ 115 ~ 9.8. A statement indicating that the balance of all areas within the required landscape, outside of the trees and shrubs shall be planted with turf grass and or groundcover plants. 10.9. A statement indicating that all disturbed areas outside of the planned improvements shall be sodded or seeded. 11. A statement(s) and/or graphic(s) providing for the protection of saved trees onsite. 12. Any other required or pertinent design or detail information in written or graphic form. 6.08.06 - Requirements - Perimeter Landscape A. There are different types of perimeter landscape yards that developments may be required to install. Perimeter landscape requirements reflect the proposed property use and the adjacent property uses and/or zoning districts. B. The following perimeter landscape areas shall be required in accordance with the applicable portions of this Section: 1. Right-of-Way (ROW) Landscape Buffer 2. Side Perimeter Landscape Buffer 3. Adjacent Use Buffer 6.08.067 – Requirements - Interior Parking Landscape Areas A. Interior parking landscape. The following criteria shall apply regarding interior parking landscape: 1.A. Overhang areas. Vehicles may overhang no more than two feet into landscape areas. The overhang area shall not be included as part of the landscape area requirement. 2.B. Generally. Interior portions of off-street parking facilities which are not specifically designed as parking or loading spaces andor maneuvering areas drive aisles shall not be paved for vehicle use. Said areas shall be planted and permanently maintained with trees and shrubs and finished with ground cover or other landscape material. 3.C. Maximum number of continuous parking spaces. Landscaping areas with a minimum dimension of nine feet and a minimum total area of 171 square feet shall be provided to break up excessively long, continuous runs of parking spaces. No parking bay rows shall containing more than 15 continuous parking spaces. without being broken up by a landscaped area. These landscaped areas must shall have a minimum dimension of nine feet and a total area of at least 171 square feet. Each area shall have contain one tree that measures a minimum of 1.5 inches DBH. in diameter., four feet above grade at time of planting. B. Termination of parking rows. Each row of interior parking spaces shall be terminated at each end by a landscaped area which shall be a minimum of 100 square feet with a minimum dimension of ten feet. These landscaped areas must have one tree that measures a minimum of 1.5 inches DBH. in diameter, four feet above grade at time of planting. D. Vehicles may overhang no more than two feet into landscape areas. 6.08.08 – Requirements - Right-of-Way Landscape Buffers Yard A. Excluding driveways, Tthere shall be a continuous landscaped area, a minimum of 10-foot feet wide, adjacent to abutting all rights-of-way. 1. When parking areas abut ROW Landscape Buffer yards, wheel stops shall be provided to prevent more than eighteen (18) inches two feet of overhang into the landscape area. 2. Sidewalks shall not be located within the right-of-way landscape buffer yard. 3. A maximum of two vehicle accessways, meeting the width requirements of Crestview Engineering Standards Manual, through ROW Landscape Buffer yards, per right-of-way shall be allowed. a. Developments with greater than 500 linear feet of right-of-way frontage shall be allowed one additional accessway through the ROW Adjacent Landscape Yard. b. Accessways shall at no time be less than 50 feet apart, as measured from the centerline of driveway throats of each accessway. B. When a development's disturbed area or project area, does not extend the full length of the right-of-way frontage of the property, the required perimeter ROW landscape buffer may be placed within the dedicated project area only, provided the following:landscape plan identifies that the area is to be maintained in a natural state. Formatted: Indent: Left: 0.25", No bullets or numbering Formatted Page 526 of 719 ~ 116 ~ 1. When the remainder of the frontage contains natural growth of native trees, shrubs and grasses to sufficiently create or maintain a visual barrier between the right-of-way and the proposed development. 2. The remainder of the frontage is kept and maintained in its natural state. 3. The landscape plan identifies that the area is to be maintained in a natural state. and that when the area no longer provides an acceptable visual barrier, landscaping improvements in keeping with the provisions of this code shall be installed. 4.1. If this area is developed in the future, then it will be required to meet the requirements of this code. C. Right-of-way adjacent landscape areas shall utilize, to the greatest extent practical, existing trees, provided those trees are identified within the Approved Tree Species List. See Section 6.08.09 for the approved species list and tree protection bonuses. D.C. Right-of-way adjacent landscape areas shall provide vegetation in accordance with the following: 1. One tree per 25 linear feet, or fraction thereof, of total right-of-way frontage with 50 percent of the trees being a shade species. a. Any required trees deemed to be within the visibility triangle will be required to be planted elsewhere. (Refer to the Crestview Engineering Standards Manual for more information) b. Any trees that would conflict with existing utilities, such as overhead power, shall be planted elsewhere. c. In no case will driveways, utilities, or other such conflicts result in a reduction of the required trees or landscape area. Such required landscape shall be moved elsewhere within the development. 2. The balance of the landscaped area shall be planted with turf grass and other landscaping treatments. E. Side Perimeter Landscape Yards. 1. There shall be a continuous side perimeter landscape yard, a minimum of five-foot-wide, adjacent to the property line, in accordance with the following: a. When there is an existing use on the adjacent property and a buffer yard is not required. b. When there is a planned use on the adjacent property and a buffer yard is not required. c. Cross Vehicle Access-drives meeting the minimum width requirements as per the Crestview Engineering Standards Manual, shall be allowed up to three per side. (1) When not connecting to an existing Cross Vehicle Access drive, landscaping shall be required to meet this Chapter. 2. Side perimeter landscape yards shall provide vegetation in accordance with the following: a. The balance of the landscaped area shall be planted with turf grass and other landscaping treatments. F.D. Buffer Yards 6.08.09 – Adjacent Use Landscape Buffers 1.A. Adjacent use landscape Bbuffers yards shall generally be located along the outer perimeter of a parcel and shall extend inward from the property line inward the required width. 2.B. Adjacent use landscape Bbuffer yards shall be required between uses with different densities and/or intensities and between different zoning districts in accordance with the following: a. A buffer yard shall be provided in the following situations and/or circumstances: (1) Buffer widths shall be determined based on Table 6.08.08. (a) Where redevelopment of an existing single-family dwelling occurs adjacent to single family or duplex residential development, in conformance with this code and the character of the single- family dwelling is preserved and there are 10 or less required parking spaces, the buffer yard requirement may be satisfied by the placement of an eight-foot tall wood or vinyl/plastic privacy fence around the entire side and rear yards. Table 6.08.098 - Required Adjacent Use Landscape Buffer Widths R-1E R-1 R-2 R-3 MU C-1 C-2 IN R-1E N/A 5 feet 10 feet 15 feet 15 feet 20 feet 30 feet 50 feet R-1 5 feet N/A 5 Feet 10 Feet 15 feet 15 Feet 20 Feet 30 Feet R-2 10 feet 5 Feet N/A 5 Feet 10 feet 15 Feet 20 Feet 30 Feet Formatted: Indent: Left: 0.5", No bullets or Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 3 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Numbered + Level: 4 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Page 527 of 719 ~ 117 ~ R-3 15 feet 10 Feet 5 Feet N/A 7.5 feet 15 Feet 15 Feet 15 Feet MU 15 feet 15 feet 10 feet 7.5 feet N/A 7.5 feet 10 feet 15 feet C-1 20 feet 15 Feet 15 Feet 15 Feet 7.5 feet N/A 5 Feet 5 Feet C-2 30 feet 20 Feet 20 Feet 15 Feet 10 feet 5 Feet N/A 5 Feet IN 50 feet 30 Feet 30 Feet 15 Feet 15 feet 5 Feet 5 Feet N/A C. The buffer requirement may be satisfied by the placement of an eight-foot tall privacy fence when a single- family dwelling is redeveloped for commercial use and when: 1. The character of the single-family dwelling is preserved. 2. There are 10 or less required parking spaces. 3.D. Buffer Yard vegetation requirements: a.1. The expectation with intent of this section is that a visual and audible barrier or screen is created between dissimilar uses through the use of aesthetically appealing landscaping, fencing, walls, or other methods. b.2. All plants in the buffer shall be bushes and trees of an approved species that will reach a mature height of no less than 6'. (1)a. Small shrubs will not be allowed unless coupled with a 6' privacy fence. c.3. Buffer Yard approved vegetation list. Vegetation not on this list must be approved by the Community Development Services Director, or designee: (1)a. Japanese privet (Ligustrum japonicum) (2)b. Azalea (Rhododendron spp.) (3)c. Japanese cleyera (Cleyera japonica) (4)d. Pampas grass (Cortaderia selloana) (5)e. Silverthorn (Elaeagnus pungens) (6)f. Cherry elaeagnus, Gumi (Elaeagnus multiflora) (7)g. English holly (Ilex aquiifolium) (8)h. Chinese holly (Ilex cornuta) (9)i. Japanese holly (Ilex crenata) (10)j. Yaupon holly (Ilex vomitoria) (11)k. Oleander (Nerium oleander) (12)l. Chinese juniper (Juniperus chinensis) (13)m. Savin juniper (Juniperus sabina) (14)n. Rocky mountain juniper (Juniperus scopulorum) (15)o. Bottlebrush buckeye (Aesculus parviflora) d.4. Bushes shall be planted sufficiently close so that at full maturity, there will be no visual space between the bushes. e.5. Walls and fences may be allowed provided they are constructed in such a manner as to create the intended visual and audible barrier. (1)a. No wall or fence may be constructed less than 6' in height. (2)b. All fences and walls will require approval from the Building Department. 6.08.09 - Protected Trees A. No person shall cut, remove or damage any protected tree in a manner which causes the tree to die within a period of two years without first obtaining a Land Clearing and Protected Tree Removal permit, or without such removal being approved as part of a development order that provided a landscape plan as required by 6.08.05. A one (1) two (2) or three (3) family dwelling is exempt from the requirements of this section as provided for in 6.08.03 except that they must replant a tree listed on the Protected Tree List or Tree Replant List, with such replacement tree measuring a minimum of 1.5 inches DBH. B. Protected Tree List. The following types of species comprise the protected tree list (* denotes shade trees): 1. Species type A: Small, four-inch to seven-inch DBH Formatted: List Paragraph Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 3 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 3 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 3 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Page 528 of 719 ~ 118 ~ a. Dogwood (Cornus florida) b. Redbud (Ceris Canadensis) c. Ashe's magnolia (Magnolia ashei) 2. Species type B: Medium, eight-inch to 13-inch DBH. a. American holly (Ilex opaca) b. Southern magnolia (Magnolia grandiflora)* c. Eastern (or Southern) red cedar (Juniperus virginiana)* 3. Species type C: Large, 14-inch and larger DBH. a. Live oak (Quercus virginiana) b. Laurel oak (Quercus laurifolia)* c. Sweet gum (Liquidambar styraciflua)* d. Sycamore (Platanus occidentalis)* e. Pecan (Carta illinoensis)* f. Water oak (Quercus nigra)* g. Red maple (Acer rubrum)* C. Trees identified by a certified arborist as diseased or dead shall not be required to be replaced. D. Every effort shall be made to save the trees on this list during any site development or clearing for any reason. E. Allowances to the site development may be provided to encourage retaining protected trees. The Director of Community Development Services, or designee, may review a plan submitted by the developer to determine the extent of such allowances. Those may include such allowances as reduced parking requirements, reduced landscape area requirements or other allowances. F. Trees on this list must be preserved based at a ratio of one tree for each 3,600 square feet of impervious surface area proposed by any site development. G. Where protected trees cannot be kept or relocated, they must be replaced by a species listed in the Tree Replant and Protected Trees list. Enough trees shall be planted to replace a minimum of fifty percent the diameter of the removed protected tree. Multiple trees shall be used to reach fifty percent, but in no case shall any of these replacement trees be less than 2" in diameter. H. On sites proposed for development where no existing protected trees are identified, the developer shall be required to plant one new tree from either the Protected Tree List or Tree Replant List per 3,600 square feet of proposed impervious surface area. One third of trees planted, or fraction thereof shall each be of Species type A, one third or fraction thereof shall be of Species type B, and one third or fraction thereof shall be of Species type C, respectively. The size of each new tree shall be no less than 2" in diameter. I. Tree Replant List. In addition to the three categories of trees identified in subsection 1(B), the following trees may be planted to meet the minimum tree replanting requirements of subsection 5. Replanted tree must be of the same species type as the tree removed. Trees not on this list may be used only if approved by the Community Development Services director or designee. (* Denotes shade trees): 1. Species type A: Small. a. Dahoon holly (Ilex cassine)* b. Fringe tree (Chionanthus virginicus) c. Red bay (Persea borbonia)* d. Swamp bay (Persea palustris)* e. Sassafras (Sassafras albidum) f. Yaupon (Ilex vomitoria) g. Wild olive (Osmanthus americanus) h. Scrubby post oak (Quercus margaretta) i. Southern crabapple (Malus angustifolia) j. Eastern Hophornbeam (Ostrya virginiana) k. Red buckeye (Aesculus pavia) l. Pindo palm (Butia capitata) m. Sago palm (Cycas revoluta) 2. Species type B: Medium. a. Cherry laurel (Prunus caroliniana)* b. Large-leafed magnolia (Magnolia macrophylla)* Page 529 of 719 ~ 119 ~ c. American hornbeam (Carpinus caroliniana) d. River birch (Betula nigra)* e. Florida maple (Acer barbatum)* f. Sweetbay (Magnolia virginiana)* g. Ginko (Ginko biloba)* h. Bradford pear (Pyrus calleryana "Bradford") i. Ash (Fraxinus spp.)* j. London planetree (Plantanus x acerfolia)* k. Sabal (cabbage) palm (Sabal palmetto) 3. Species type C: Large. a. Tulip tree (Liriodendron tulipifera) b. Willow oak (Quercus phellos) c. Black gum (Nyssa sylvatica) d. Southern red oak (Quercus falcata)* e. Shumard's red oak (Quercus shumardii)* f. Hackberry (Celtis laevigata)* g. White oak (Quercus alba)* h. Bald cypress (Taxodium distichum) i. Walnut (Juglans nigra)* j. Chinese elm (Ulmus parvifolia)* k. Hickory (Carya spp.)* l. Yellow buckeye (Aesculus flava)* m. Canary island date palm (Phoenix canariensis) J. Prohibited tree list. 1. The following prohibited species may not be used to meet any landscape requirement: a. Paper mulberry (Broussonetia papyrifera) b. Australian pine (Casuarina equisetifolia) c. Ear tree (Enterolobium cyclocarpum) d. Punk tree (Melaleuca spp.) e. Chinaberry (Melia azedarach) f. Brazilian pepper (Schinus terebinthifolius) g. Downy rosemyrtle (Rhodomytrus tomentosa) h. Bishopwood (Bischofia javanica) i. Chinese Tallow Tree or Popcorn Tree (Triadica sebifera) Page 530 of 719 ~ 120 ~ CHAPTER 7 ACCESSORY, TEMPORARY, AND SPECIAL USE SITUATIONS 7.00.00 - INTENT The purpose of this chapter is to provide standards for accessory, temporary, and special use situations within the City of Crestview, in accordance with the City Code and Comprehensive plan. Any violation of this Chapter, including a property owner’s unpermitted accessory structure, or non-compliant property use shall be punished as provided for in section 1-11 of the City Code and Chapter 162, Florida Statutes. 7.01.00 - ACCESSORY STRUCTURES 7.01.01 - Generally Any number of different accessory structures may be located on a parcel, provided that the following requirements are met. A. There shall be a permitted principal structure on the parcel, located in full compliance with all standards and requirements of this chapter. B. All accessory structures shall comply with standards pertaining to the principal use, unless exempted or superseded elsewhere in this chapter. C. Accessory structures shall not be located in a required buffer or landscape area. D. Accessory structures shall be included in all calculations of impervious surface and storm water runoff. E. Accessory structures shall be shown on any concept development plan with full supporting documentation. F. No accessory structures used for industrial storage of hazardous, incendiary, noxious or pernicious materials shall be located nearer than 100 feet from any property line. 7.01.02 - Accessory Buildings Site Development standards for accessory buildings (storage buildings, utility buildings, sheds, greenhouses, etc.). A. Accessory buildings in all zoning districts shall abide by the following requirements and standards: 1. In lLots within recorded subdivisions and non-platted lots with a depth less than 250 feet: a. Accessory buildings shall only be placed in side and rear yards and shall be setback three (3) feet from side and rear property lines. b. Accessory buildings on lots facing multiple rights-of-way may be placed in any front yard not abutting the face of the structure containing the front door, up to the required front setbacksecondary front yard but shall be setback a minium three (3) feet from the adjoining front property line and shall not impact visibility from any adjacent intersection or driveway. See figure 7.01.02. b.(1) If placed in a secondary front yard that abuts a primary front yard on an adjacent property, structure shall not be placed within any required front setback. c. Accessory buildings closer than ten five (105) feet to the principle structure must meet the setbacks of said principle structure. 2. In llots not within recorded subdivisions and lots with a lot depth of 250 feet or greater: a. Accessory buildings shall be setback three (3) feet from side and rear property lines and shall not be within any required front setback. a.b. Accessory buildings on lots facing multiple rights-of-way may be placed in any secondary front yard but shall be setback a minium three (3) feet from the adjoining front property line and shall not impact visibility from any adjacent intersection or driveway. (1) If placed in a secondary front yard that abuts a primary front yard on an adjacent property, structure shall not be placed within any required front setback. b.c. Accessory buildings closer than tenfive (105) feet to the principle structure must meet the setbacks of said principle structure. Formatted Formatted Formatted: List Paragraph Page 531 of 719 ~ 121 ~ Figure 7.01.02. Allowed Accessory Building and Fence Location on Lots Facing Multiple Rights-Of-Way. B. Storage buildings, storage sheds and detached garages in the C-1, C-2 and IN zoning districts that exceed 600 square feet of floor area must provide brick veneer, stone, stucco, or other similar decorative materials to the façade on all sides of the building visible from the public right of way. C. Carports in any zoning district are allowed according to the following requirements: 1. Carports are allowed in front yards but shall not encroach into any front setback and must remain under twenty (20) feet in height.Carports shall be no taller than the primary structure on site, and no less than 8 feet in height. 2.1. Carports located in any front yard shall not be enclosed on any side and shall be setback at least three (3) feet from any front property line. 3.2. Carports are allowed in side yards up to property line, regardless of distance to the main structure. 4.3. Eaves of carports shall not extend over any property line. 5.4. Carports shall be at least three (3) feet from any rear property line. D. Screen rooms, enclosed patios, porch coverings, or any other similar structure are allowed in the R-1E, R-1, R-2, R-3 and MU zones according to the following requirements: 1. Shall be at least 3 feet from any rear property line. 2. Shall not be placed within any front or side setback area. 7.01.03 - Fences Site Development Standards for Fences, Hedges and Walls A. Location of fences, perimeter hedges and walls. 1. Fences, perimeter hedges and retaining walls may be located on, at, or inside the property line. All fence material must be located on, at or inside the property line, and shall not be located outside of the property line. 2. A fence located on the property line may be shared by adjacent properties. Page 532 of 719 ~ 122 ~ 3. Setback requirements applicable to principle buildings shall not prohibit or restrict the installation of a retaining wall. 4. Fences, perimeter hedges, and walls shall not be located within the any required visibility triangle. B. Materials and appearance requirements. 1. Fences and walls must be constructed of wood, masonry, stone, wrought iron, chain link, vinyl, welded wire, or composite materials. 2. All fences shall be installed with the finished side facing outward, except for the following: a. Where a fence cannot be constructed on the property line due to an existing fence on the adjacent property line, the finished side may face inward. b. When an applicant is not granted permission to access the adjacent property to install the fence, the finished side may face inward. 3. A fence installed for security purposes in C-2 or IN zoning may include barbed wire or razor wire, provided that such wire is at least six (6) feet off the ground. C. Electrical fencing may be installed for security purposes and shall meet the following standards: 1. Electrical fencing may be installed on top of a fence in C-2 or IN zoning districts, provided that the electrical fencing is a minimum of six (6) feet above the ground. 2. Electrical fencing may be installed in residential areas provided that such fencing shall be limited to side and rear yards and shall be contained within a fence structure. 3. All electrical fencing shall be accompanied by signs to provide a warning of the type of fence and the voltage of the fence. Warning signs shall be placed at each corner of the enclosed area; additional signs shall be placed fifteen (15) feet apart along the entire fence. Warning signs shall not exceed four (4) square feet in area each. D. Height standards. 1. Fence and wall height shall be measured from the natural grade at the base of the fence to the topmost part of the fence, including any decorations, barbed wire, or other fixtures. 2. The maximum height for a fence on a lot line on a property zoned R-1E, R-1, R-2, R-3 or MU and adjacent to a property zoned C-1, C-2 or IN shall be eight (8) feet. 3. Fence may contain decorative columns spaced no less than six (6) feet apart that shall not exceed eight (8) feet in height. 4. Height standards provided in Table 7.01.03. Table 7.01.03 - Standards for Fence Heights Zoning District Maximum Height in a Side or Rear Yard (feet) Maximum Height in a Front Yard 10, 11 R-1E 8 4 R-1 8 4 R-2 8 4 R-3 8 4 MU 8 4 C-1 8 4 C-2 8 4 IN 8 6 P 8 6 E N/A N/A 10 Fences on lots facing multiple rights-of-way may be up to 8 feet in height in any secondary front yard not abutting the face of the structure containing the front door, where the fence will not obstruct visibility from any intersection or adjacent driveway, as determined by the Planning Administrator, or designee. 11 Fences that allow for at least 50 percent visibility through the material, including but not limited to chain link, wrought iron, or welded wire, may be up to 8 feet in height. Formatted: No Spacing Page 533 of 719 ~ 123 ~ 7.01.04 - Swimming Pools A. Location. Swimming pools shall be placed only in side and rear yards. There shall be at least six (6) feet between a building and the water's edge of an outdoor swimming pool. There will also be at least six (6) feet between any side or rear property line or building line and the water's edge of an outdoor swimming pool. B. All pool enclosures (enclosure constructed of metal, wood, or similar type material for framing and consisting of screen mesh or any similar material between framing members making up the roof and walls, and which specifically covers a swimming pool or spa), shall have the same front setback as the principal structure and shall be erected at least three (3) feet from the rear or side property line. C. Pool Fencing. 1. See Florida Building Code for all design and construction requirements. 7.02.00 - SIGNS 7.02.01 - Generally A. Purpose. It is the purpose of this section to provide comprehensive and balanced sign regulations that are consistent with constitutional guarantees, promote business growth and retention, achieve clear and effective communication in the City's environment, and to authorize signs which are: 1. Consistent with the objectives of the comprehensive plan; 2. Compatible with their surroundings; 3. Integrated and harmonious with the appearance of the community; 4. Legible under the circumstances in which they are seen; and 5. Safe for motorists, by preventing visual distraction and visual clutter. B. In interpreting and applying the provisions of Section 7.02.00, the sign regulations are declared to authorize the maximum allowable signage for the purposes set forth. Any sign authorized by Sec. 7.02.00 may display noncommercial messages. Nothing in Section 7.02.00 shall be construed to regulate the content of the message displayed on any sign. C. No person shall move, erect, post, construct, paint, alter, or maintain a sign except in compliance with the standards and requirements set forth in Section 7.02.00. 1. A building permit is required for any sign that is not exempt from the standards and provisions of Section 7.02.00. Application and review procedures for obtaining sign permits are set forth in Chapter 3. 2. The installation and maintenance of signs and sign structures shall comply with the Florida Building Code, current edition and the NEC, current edition. 3. All signs shall be located to comply with the clear visibility requirements set forth in the Crestv iew Engineering Standards Manual. D. All signs shall be adequately maintained in a structurally sound and safe condition. At a minimum, the following standards shall be met: 1. The area around the sign shall be clear of overgrown vegetation or other obstacles so as to make the sign readily visible. 2. All damaged or deteriorated panels or structural components shall be replaced. 3. Any sign copy shall be maintained securely to the face, and all missing copy shall be replaced. 4. All defective, discolored, faded, broken, or torn parts shall be replaced or repaired. 5. A sign that becomes unsafe, dangerous, or a threat to public safety shall be replaced, repaired, or otherwise made safe within the time limit set by the City. 7.02.02 - Exempt Signs The following signs are exempt from the requirement to obtain a development permit. A. Regulatory, statutory, traffic control, or directional signs erected on public property by or with permission of the United States, the State of Florida, Okaloosa County or the City. B. Legal notices and official instruments. C. Signs incorporated into machinery or equipment by a manufacturer or distributor, which identify or advertise only the product or service dispensed by the machine or equipment, such as signs customarily affixed to vending machines, newspaper boxes, and gasoline pumps. Page 534 of 719 ~ 124 ~ D. Advertising and identifying signs located on taxicabs, buses, trailers, trucks, or vehicle bumpers. E. Public warning signs to indicate the dangers of swimming, animals, or similar hazards. F. Memorial signs or tablets, names of buildings, and dates of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials. G. Signs carried by a person. H. Provisionally Exempt Signs. Signs identified in this section may be placed without a permit, provided that such signs comply with the standards set forth in Table 7.02.02. Page 535 of 719 ~ 125 ~ Table 7.02.02 - Standards for Provisionally Exempt Signs Sign Type Standards Entrance, exit, or other directional signs, including parking identification signs. • Maximum area of four (4) s.f. • No individual letters, symbols, logos or designs in excess of eight (8) inches measured vertically or horizontally “No trespassing” or “no dumping” signs • Maximum area of four (4) s.f. Home Occupation Nameplate in R-1E, R-1, R-2, R-3, and MU zoning District • Maximum area of one (1) s.f. • Limited to one (1) per property • Must be affixed to front wall of the dwelling unit containing the Home Occupation • Signs shall not be lighted • May only contain name identifying the Home Occupation Campaign Signs • Maximum area of nine (9) s.f. and maximum height of six (6) feet in R-1, R-2, R-3 and MU zoning districts • Maximum area of thirty-two (32) s.f and maximum height of six (6) feet in C- 1, C-2, IN, P and CON zoning districts • Limited to one sign per property • Limited to the period of the campaign issue • Must be removed within forty-eight (48) hours of the campaign issue being decided Real estate signs in R-1E, R-1, R-2, R-3, and MU zoning districts • One (1) sign per dwelling offered for sale or rent • Located on property offered for sale or rent • Maximum area of nine (9) s.f. • Maximum height of six (6) feet. • Allowed for the duration of contract to sell or until rental vacancy is filled Real estate signs in C-1, C-2, IN, P, and E zoning districts • One (1) sign per street frontage • Located on property offered for sale or lease • Maximum area of thirty-two (32) s.f. • Maximum height of six (6) feet. • Allowed for the duration of contract to sell or lease Construction signs, R-1E, R-1, R-2, R-3, and MU zoning districts • Located on a property where a valid building permit has been issued and has not expired. • Maximum area of thirty-two (32) s.f. • Maximum height of eight (8) feet. • Removed when the certificate of occupancy has been issued Construction signs, C-1, C-2, IN, P, and E zoning districts • Located on a property where a valid building permit has been issued and has not expired. • Maximum area of all signs not to exceed thirty-two (32) s.f. • Maximum height of eight (8) feet. • Removed when the certificate of occupancy has been issued Yard or garage sale signs • Maximum area of four (4) s.f. • Located on the property where a sale is being conducted. • Limited to one sign per property • Must be removed within forty-eight (48) hours of the conclusion of the sale Automatic Teller Machine (ATM) signs • Not more than one (1) wall sign • Maximum area of four (4) s.f. • Mounted not more than eight (8) feet above finished elevation of the ATM Page 536 of 719 ~ 126 ~ 7.02.03 - Prohibited Signs The following signs are prohibited: A. Off-premises signs. B. Portable signs. C. Snipe signs on public right-of-way, including temporary signs stuck in the ground (sometimes also called bandit signs), and signs attached to utility poles, trees, rocks, or other natural objects. D. Any sign which constitutes a traffic hazard or a detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination. E. Signs or sign structures that interfere in any way with free use of any fire escape, emergency exit, or standpipe. F. Signs that are of such intensity or brilliance as to cause glare or impair the vision of any motorist, cyclist, or pedestrian using or entering a public way, or that are a hazard or a nuisance to occupants of any property because of glare or other characteristics. G. Abandoned signs. H. Signs erected on or projecting over any public property or right-of-way, with the exception of signs erected by public authority for public purposes. I. Any other signs that are not specifically permitted or exempted as set forth in Sec. 7.02.00. 7.02.04 - Temporary Signs Temporary signs shall comply with the following standards. A. Temporary signs are permissible subject to receipt of a temporary sign permit specifying type, size, location, and duration of placement. Temporary signs may be displayed for a period not exceeding fifteen (15) days. B. Total permitted temporary sign area shall not exceed a size of sixteen (16) square feet. C. Temporary signs shall not be placed in the public right-of-way. D. Temporary signs shall not flash, blink, spin, or rotate. E. Temporary signs include banners, flags, and pennants. The placement of temporary signs shall comply with the clear visibility requirements set forth in The Crestview Engineering Standards manual. Such signs shall not block traffic or pedestrian visibility or constitute a vehicular or pedestrian traffic hazard. F. The placement of temporary signs shall not cause a public nuisance. G. Permissible temporary signs shall be firmly secured to the ground or to a building according to the requirements of the temporary permit. Temporary signs may be attached to or cover an existing permitted sign only for the period during which the temporary sign is permitted. 7.02.05 - Permitted Permanent Accessory Signs A. Permanent accessory signs to shall be permitted in C-1, C-2, IN zonings, and MU zoning where there is an active business on site. B. Sign types allowed. A permanent accessory sign may be a ground sign to include a thirty -two (32) square foot reader board, or a building sign. Permanent accessory signs and reader board signs may be changeable copy or automatic changeable facing signs; however, facing or copy shall not rotate or change so rapidly as to cause distraction to a motorist. C. Permissible number area, spacing and height of permanent accessory ground signs: Table 7.02.05. Page 537 of 719 ~ 127 ~ Table 7.02.05 - Requirements for Permanent Accessory Signs Sign Type Maximum Number Maximum Sign Face Area Sign Dimensions Maximum Sign Height Setback/Spacing Wall • Single Occupancy - 3 per façade • Multiple Occupancy - 3 per façade per tenant • Single Occupancy- 20% of façade • Multiple Occupancy- 15% of façade per tenant N/A Not to exceed building height of roofline N/A Awning No Maximum N/A 75% of Awning Length 2 feet N/A Projecting/ Perpendicular 1 per tenant 6 sq. ft. Width - 4 feet 3 feet N/A Monument/ Ground12 1 per 500 linear feet of street frontage 2 sq. ft. per linear foot of street frontage to a maximum of 240 sq. ft. No required dimensions 24 feet • Property lines - 5 feet • Other ground signs - 10 feet Interstate Highway I-10 Corridor Accessory Sign10F 13 1 420 sq. ft. N/A 85 feet above the crown of Interstate Highway I-10 nearest the sign • Front Property Line - 25 feet • Side/Rear Property Line - 50 feet • Other permanent ground sign on same site - 100 feet Billboard11F 14 1 310 sq. ft. Width - 38 feet 30 feet • Property lines - 10 feet • Other billboard on same side of thoroughfare - 1,500 feet Interstate Highway I-10 Corridor Billboard.13, 14 12F 15, 13F 16 1 672 sq. ft. Width - 48 feet 50 feet above crown of Interstate Highway I-10 nearest the sign • Interstate I-10 Right of Way - 20 feet • Other property lines - 50 feet • Other billboard on same side of thoroughfare - 1,500 feet 12 Signs for businesses addressed on Highway 85 and Highway 90 may be up to 30 feet in height, with a maximum sign face area of 360 sq. ft. 13 The Interstate I-10 Corridor is defined as 1,000 feet from the Interstate Highway I-10 right-of-way 14 Billboards of any kind are only allowed in the Commercial (C-1, C-2) and Industrial (IN) zoning districts 15 The Interstate I-10 Corridor is defined as 1,000 feet from the Interstate Highway I-10 right-of-way 16 Billboards of any kind are only allowed in the Commercial (C-1, C-2) and Industrial (IN) zoning districts Formatted: Font: 8 pt Formatted: Font: 8 pt Page 538 of 719 ~ 128 ~ 7.02.06 - Directional Signs A. Directional signs giving directions to motorists regarding the location of parking areas and access drives shall be permitted as permanent accessory signs on all parcels and shall not be counted as part of an occupancy's allowable sign area. B. Directional signs located on parcels with single user drives and parking, shall be limited to ten square feet. C. Directional signs located on parcels with shared access drives and interconnected parking, shall be limited to 20 square feet. 7.02.07 - Signs at Entrances to Residential Developments, Farms and Ranches A. Generally. Permanent accessory signs may be displayed at the entrance to residential developments, farms and ranches. B. Restrictions. 1. Signs at the entrances of residential subdivisions shall be placed on lots designated as common area and dedicated to the Homeowner's Association as per the Final Plat. 2. Signs are permitted at each entrance into the development, farm or ranch from each abutting street. The sign may be a single sign with two faces of equal size or may be two single-faced structures of equal size located on each side of the entrance. No face of the sign shall exceed 32 square feet in size and may be illuminated in a steady light only. 3. When considering the placement of such signs, the Community Development Services department shall consider the location of public utilities, sidewalks and future street widening. 4. The Community Development Services department shall ensure that such signs shall be maintained perpetually by the developer, the owner of the sign, a pertinent owners' association, or some other person who is legally accountable under a maintenance arrangement approved by the department. If no accountable person accepts legal responsibility to maintain the signs and no other provision has been made for the maintenance of them, the signs shall be removed by the developer or owner. 7.02.08 - Utility Signs Public utility signs that identify the location of underground utility lines and facilities, high-voltage lines and facilities, and other utility facilities and appurtenances are permitted so long as they do not exceed three feet in height, and so long as the sign face does not exceed one-half square foot. 7.03.00 - ACCESSORY DWELLINGS 7.03.01 - Detached Accessory Dwellings in Residential Zoning Districts A. Purpose. 1. The Purpose of this section is to ensure a wide variety of housing choices to city residents and allow opportunities for extended family living. 2. This section provides for detached accessory dwellings, also called accessory apartments, guesthouses, mother-in-law suites, or similar low intensity second housing unit. 3. The intent of this section is to ensure that the establishment of a detached accessory dwelling in a residential zoning district maintains compatibility of the area by minimizing or avoiding potential negative impacts from a secondary dwelling unit. B. Applicability. Accessory dwelling units are permissible in R-1E, R-1, R-2, R-3 and MU when established in compliance with the standards set forth in this section. C. No more than one (1) accessory dwelling shall be established on any lot, parcel or tract of land. D. Standards for a detached accessory dwelling. 1. A detached accessory dwelling shall not be allowed on a property where the principle structure is a mobile home, trailer, or of any construction that is not a site-built structure. 2. A detached accessory dwelling shall be held to and reviewed against all applicable building codes, fire codes, and life safety codes required for any new construction dwelling unit. 3. Any detached accessory dwelling shall comply with all site development standards for principle dwelling structures required by the zoning district, with the following exceptions: Page 539 of 719 ~ 129 ~ a. Detached accessory dwellings may be placed according to the standards for Accessory Buildings in section 7.01.02. b. Detached accessory dwellings may be less than 20 feet in width. 4. Design standards, roof style and materials, and architectural style of the detached accessory dwelling shall be consistent with the principle dwelling and be built in accordance with the Florida Building Code, Residential. 5. One (1) additional parking space shall be provided. Where on-street parking is established for the neighborhood, on-street parking may be counted to meet this requirement. 6. A detached accessory dwelling shall not exceed 900 square feet or forty (40) percent of the total living area of the principle dwelling on the site, whichever is greater. 7. The existence of a detached accessory dwelling shall not be construed to allow for additional accessory structures on any lot, parcel, or tract of land beyond the number and type of accessory structures permissible with the principle dwelling. 8. There shall be no additional signage to identify the detached accessory dwelling, other than the signage permissible for the principle dwelling. 9. There shall be no additional mailbox, exterior utility equipment, or other evidence of a detached accessory dwelling unit. A detached accessory dwelling unit shall not have separate metered utility service, except as otherwise provided in the Florida Building Code, Current Edition. 7.03.02 - Detached Caretaker/Security Dwellings (Accessory Dwellings) in Specified Nonresidential Zoning Districts A. Purpose. The purpose of this section is to provide for a detached dwelling unit as an accessory to commercial and industrial uses where such dwelling provides for security and caretaking of the principle use. B. Applicability. One (1) caretaker dwelling shall be permissible as an accessory structure in the C-1, C-2, and IN zoning districts. C. Standards. 1. There shall be no more than one (1) detached caretaker dwelling unit per lot or business establishment, whichever is more restrictive. 2. The caretaker dwelling shall be provided by the manager, owner or caretaker of the principle use. 3. The detached caretaker dwelling shall only be located within a side or rear yard. 4. The detached caretaker dwelling shall not exceed 900 square feet. 5. The detached caretaker dwelling shall be included in calculations of maximum impervious surface coverage for the site. 6. The detached caretaker dwelling shall not be located in any required buffer, landscaped area, easement, or stormwater management area. 7. Two (2) parking spaces shall be provided, which may be shared with parking for the principle use. 8. The caretaker dwelling shall comply with the setback and height standards applicable to the principle building. 7.04.00 - HOME OCCUPATIONS Home occupations may be permitted as an accessory use in a lawfully established dwelling unit located in the R-1E, R-1, R-2, R-3, and MU zoning districts. The standards for home occupations are intended to ensure compatibility with other permitted use and with the residential character of the neighborhood. A. The following and similar scope of uses shall be considered home occupations: 1. An office, such as for professionals and general business. 2. Instruction for teaching, such as, but not limited to, academic tutoring, performing arts, or fine arts, provided that no more than two (2) students are instructed at any one (1) time. 3. Administrative or clerical support service, such as transcription, court reporting, stenography, notary public, or word processing, data entry or addressing services. 4. Authors, composers, or creators of intellectual property. 5. Telephone answering services. 6. Beauty salons, barber shops, nail technicians, or similar personal service, limited to one (1) chair or station. Page 540 of 719 ~ 130 ~ 7. Similar uses: An interpretation that a use is similar shall be based on the activities and low level of impact normally associated with the proposed use and similarity of those activities and impacts with those of a listed use. B. The following uses are specifically prohibited as home occupations: 1. Appliance and motor repairs (small or large). 2. Automotive, vehicle, or watercraft repairs. 3. Florist. 4. Veterinary clinic. 5. Medical office accompanied by patient foot traffic for a doctor, dentist, or other medical practitioner. 6. Repair of radios, televisions, computers, CD or DVD players, or other similar equipment. 7. Any occupation involving hazardous materials. 8. Restaurants. 9. Any other occupation that does not meet the standards set in 7.04.00. C. All home occupations shall comply with the following standards: 1. A home occupation shall be required to have a City Business Tax Receipt (BTR). There shall be one (1) BTR for each business conducted in the dwelling. 2. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes and shall not change the residential character of the structure. 3. Not more than twenty-five (25) percent of the habitable floor area of the dwelling unit shall be used in the conduct of the home occupation in R-1E, R-1, R-2, or R-3. MU may have up to thirty-five (35) percent of the habitable floor area of the dwelling unit for the home occupation. 4. There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation including outside storage or signs pertaining to the home occupation. However, one (1) unlighted nameplate, not more than one (1) square foot in area, may be attached to the front wall of the dwelling unit identifying the name of the business which constitutes the home occupation. 5. No home occupation shall be conducted in any accessory building, except for the permissible parking of vehicles in a garage or carport. 6. No open storage of equipment shall be permitted except that which is of a quantity and configuration normally used for purely domestic purposes. 7. The homes occupation shall not generate noise, vibration, glare, fumes, odors, or electrical interference to adjacent properties. 8. Up to two (2) passenger vehicles, which may be commercially marked, are permissible in association with the home occupation. All permissible vehicles shall be parked within a lawful garage, lawful carport, or on the driveway. However, vehicles with a primary purpose of commercial use are prohibited; such vehicles include well-drilling trucks, tow-trucks, cement mixers, semi-trailers, tractors, refrigerated trucks or vans, graders, or other earth moving equipment. Lawn equipment trailers and similar vehicles are permissible provided that they are screened from public view and limited to one (1) per dwelling. Taxi cabs may be permissible, provided that all such vehicles can be parked within a garage, or carport, or on the driveway. 9. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood. The basis for evaluating traffic generated shall be data available from the Institute of Transportation Engineers. 10. Any need for parking generated by the conduct of such home occupation shall be met by the parking areas serving the residential use, such as the driveway, garage, or carport. No vehicle shall block access to the driveway, pedestrian movement on a sidewalk, or be parked in public right-of-way. 7.05.00 - SUPPLEMENTAL STANDARDS FOR SPECIAL EXCEPTION USES 7.05.01 - Generally A. Special exception uses are specific uses allowed in specific zoning districts, with certain supplemental standards required of each special exception use, as described in this section. B. Uses referenced here from Table 4.06.00 - Permissible Uses in Each Zoning District are specifically not allowed in the Downtown Overlay District. C. The following supplemental standards are adopted alongside each special exception use. Page 541 of 719 ~ 131 ~ 7.05.02 - Pharmaceutical Sales A. Stores manufacturing selling, leasing or renting pharmaceutical equipment, supplies and consumables, including prescription and non-prescription medicines and holistic medicine supplies, and Medical Marijuana Treatment Centers licensed by the State of Florida, provided the following requirements are met: 1. Minimum Lot Size Requirements. The minimum required lot size is 32,670 square feet. 2. Building Size Requirements a. Floor Area. The minimum building size is 2,500 square feet floor area. See Chapter 2 for definitions. b. Floor Area Ratio. The maximum building size is limited by a floor area ratio of 0.10. The "floor area ratio" of the building on any lot is the floor area of the building on that lot divided by the area of such lot. 3. Minimum Yard Requirements. The minimum required front, side and rear yards shall meet the requirements of the C-2 zoning district. 4. Minimum Off-Street Parking and Loading Requirements; Location. The parking and loading requirements shall be as follows: a. One space for each 150 square feet of floor area of the retail and office space, plus one space per employee on the largest staffed shift. When calculation of the number of required parking spaces results in a fractional number, a fraction of less than one-half shall be disregarded and a fraction of one-half or more shall be rounded to the next highest whole number. Employee parking shall be designated by permanent signage. b. Provisions for off-street loading and number of required berths shall be made in accordance with Chapter 8 of this code. On-street loading or unloading is prohibited. Loading areas shall not obstruct pedestrian pathways. c. Parking spaces shall meet the minimum size set forth in Chapter 8. d. All driveways, access aisles and parking spaces shall be surfaced in paver bricks, concrete or asphalt. Wheel stops are required for each parking space. e. Parking and loading spaces are prohibited in landscape buffers, easement areas, and right of way areas. f. The provision of parking spaces and passenger loading areas for persons who have disabilities is governed by Chapter 553, Florida Statutes. g. All required parking shall be provided on the same lot or project as the principal use. The location of required parking spaces shall not interfere with normal traffic flow or with the operation of queuing and backup areas. A minimum queuing distance of 25 feet is required between the property line and the first parking space. h. Off-site parking shall not be used to determine compliance with minimum parking spaces set forth in this section. i. A minimum of ten percent of the required parking spaces shall be located at the side or rear of each building it is intended to serve. A public pedestrian walk shall connect all parking areas to a facility entrance. Such pedestrian access way shall be a minimum of four feet in width, clearly marked, well lit, and unobstructed. 5. Number of Structures. Only one structure may be located on the parcel. 6. Landscaping and Buffering. Chapter 6 of this code applies to the uses authorized as special exceptions. 7. Site and Development Plan Review. Site and development plan review shall be required. 8. Outdoor Refuse Collection and Storage Areas. No outdoor refuse collection or storage area shall be located in a street yard, and all such areas shall maintain a minimum setback of ten feet from any lot line and shall be enclosed and on a paved or concrete surface. 9. This use is not allowed in the Downtown Overlay District. Page 542 of 719 ~ 132 ~ 7.05.03 - Recreational Camps A. Recreational camps are allowed by special exception in the MU, C-1, C-2 and E districts in accordance with the following standards. B. For purposes of this subsection, "Recreational camp" or "Recreational camps" means one or more buildings or structures, tents, trailers, or vehicles, or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for recreational or other non-profit purposes. C. The minimum lot area within the MU, C-1, C-2 or E districts shall be 40 acres. D. Recreational camps in the E districts may only be allowed in accordance with an approved management plan. The management plan shall be prepared at the expense of the applicant by a person or persons qualified in the appropriate fields of study and conducted according to professionally accepted standards. At a minimum, the management plan includes the following: 1. Description of goals and objectives based on type of natural resources to be managed; 2. Description of all proposed uses, including existing and any proposed physical and access improvements; 3. Description of prohibited activities, such as mowing in wetland buffers, or removal of native vegetation in protected habitat areas; 4. Descriptions of ongoing activities that will be performed to protect, restore, or enhance the natural resources to be protected. This may include: a. Removal or control of invasive vegetation and debris; b. Replanting with native vegetation as necessary; c. Provision for listed species habitat needs, including restricting, at appropriate times, intrusions into sensitive foraging, breeding, roosting, and nesting areas; d. Fencing or other institutional controls to minimize impact of human activities on wildlife and vegetation, such as predation by pets; e. Prescribed burning, thinning, or comparable activities performed in an environmentally sensitive manner to restore or maintain habitat; f. Cooperative efforts and agreements to help promote or conduct certain management activities, such as cleanups, maintenance, public education, observation, monitoring, and reporting; g. Any additional measures determined to be necessary to protect and maintain the functions and values of conservation areas in conjunction with wildfire mitigation; h. Set of schedules, estimated costs, staffing requirements, and assignments of responsibility for specific implementation activities to be performed as part of the management plan, and identification of means by which funding will be provided; i. Performance standards with criteria for assessing goals and objectives; j. Five-year monitoring plan with schedule and responsibility; k. Ownership and party responsible for management activities; l. Provision for changes to be reviewed and approved by the City; and m. Contingency plans for corrective measures or change if goals not met, and recognition of City enforcement authority. 5. The maximum density of cabins, lodges and/or tent campsites shall not exceed one per five acres. Density shall be calculated as gross density and include all land area exclusive of major water bodies starting at the high water mark. 6. Cabins or lodges shall comply with the Florida Building Code and must contain a minimum of 250 square feet of floor space up to a maximum of 2,500 square feet of floor space, with a maximum occupancy of 10 per cabin or lodge. Use of mobile homes or recreational vehicles for lodging is prohibited. 7. A single permanent residence is allowed. 8. All structures, cabins and tent sites shall be setback a minimum of 200 feet from the property line. 9. Vehicular access shall be from a paved public roadway. 10. A unified plan for water distribution and wastewater disposal meeting the requirements of the Health Department shall be provided as part of any application for a recreational camp. Page 543 of 719 ~ 133 ~ 11. Sanitary facilities including showers, toilets, and sinks shall be provided. Potable water from a municipal water supply shall be used for such sanitary facilities, unless the facility is served by a private well registered, approved and tested by the Department of Health as a limited use public water system. 12. Recreational camps for five or more members of the public as defined in Section 513.01, Florida Statutes, are subject to the provisions of Chapter 513, Florida Statutes and shall not be permitted as a special exception unless the Department of Business and Professional Regulation has issued a permit for such activity and such permit remains valid and current at all times and such property meets every provision of this section not in conflict with the requirements of Chapter 513, Florida Statutes. 13. Any violation of this section, including a property owner's operating or allowing unpermitted recreational camps shall be punished as provided for in section 1-11 of the City Code and each day that such condition continues is regarded as a new and separate offense. 7.05.04 - Recreational Vehicle Parks A. Recreational vehicle parks ("RV Parks") are allowed by special exception in the MU, C-1 and C-2 zoning districts in accordance with the following standards. B. Definitions. 1. "RV Park" or "RV Parks", for purposes of this subsection, means one or more buildings or structures, tents, trailers, or vehicles, or any portion thereof, together with the land appertaining thereto, established, operated, or used as living quarters for one or more resident or transient members of the public and designed and operated for profit. 2. "Unit" or "Units" means one trailer or one vehicle used as living quarters for one or more resident or transient members of the public. 3. "Tent" or "Tents" means a portable shelter of cloth or other material, whether designed for camping or fabricated for some other purpose, used for storage or as living quarters for one or more resident or transient members of the public. C. Minimum lot size and density. The minimum lot size and density for RV Parks shall be as follows: 1. If the parcel is accessed directly from a multi-lane or arterial road as defined in the City of Crestview Comprehensive Plan, the minimum lot size shall be 2.5 acres and the maximum allowable density shall be 18 units per acre, with a maximum of one tent per 25 units. 2. If the parcel is accessed directly from a collector road as defined in the City of Crestview Comprehensive Plan, the minimum lot size shall be 5 acres and the allowable density shall be 9 units per acre, and a maximum of one tent per 25 units. 3. If the parcel is accessed from any road which is not an arterial or collector road as defined in the City of Crestview Comprehensive Plan, the minimum lot size shall be 15 acres and the allowable density shall be 6 units per acre, and a maximum of one tent per 25 units. 4. Density shall be calculated as gross density and include all land area exclusive of major water bodies starting at the high water mark. 5. For cabins or other permanent structures, the density, setback and other requirements of the zoning district in which the property is located shall apply. 6. A single permanent residence is allowed. 7. Cabins and other structures shall comply with the Florida Building Code and must contain a minimum of 250 square feet of floor space per occupant with a maximum capacity of 10. 8. Use of mobile homes for lodging is prohibited, except that one mobile home may be located onsite for an office, resident manager or security watchman if a permanent residence is not located on the property. D. Vehicular access shall be from a paved public roadway. E. A unified plan for water distribution and wastewater disposal meeting the requirements of the Health Department shall be provided as part of any application for a recreational camp. F. Sanitary facilities including showers, toilets, and sinks shall be provided. Potable water from a municipal water supply shall be used for such sanitary facilities, unless the facility is served by a private well registered, approved and tested by the Department of Health as a limited use public water system. G. Any violation of this section, including a property owner's operating or allowing unpermitted recreational camps shall be punished as provided for in section 1-11 of the City Code and each day that such condition continues is regarded as a new and separate offense. Page 544 of 719 ~ 134 ~ 7.05.05 - Telecommunications Antennae and Towers Each applicant requesting a building permit for the location of communication towers and antennas shall meet the following at the time of application. A. Federal approvals. All communication towers must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), Federal Communication Commission (FCC), and any other agency of the Federal government with the authority to regulate communication towers and antennas. The applicant shall submit copies of all FAA, FCC, Eglin Air Force Base, Hurlburt Field, Okaloosa Regional Airport and FDOT approvals, whichever is/are applicable. B. Design. The applicant shall submit the communication tower design plans which shall be designed by an engineer licensed in the State of Florida in accordance with the building code requirements of the City. The design shall show the access that is provided for inspections. Communication towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, non-reflective color with no logos. C. Safety fall zone. Applicants shall submit a report by an engineer licensed in the State of Florida of the safety fall zone of the specified communication tower. The safety fall zone shall be measured from the base of the communication tower to any property line. Communication towers shall be designed to collapse within the lot lines in case of structural failure. D. Co-location. 1. The applicant shall submit a certification from an engineer licensed in the State of Florida that the communications tower has been designed to accommodate co-location. If the communication tower cannot accommodate co-location, then the engineer should certify the reason(s) it cannot accommodate additional antennas. 2. The applicant shall submit a plan for co-location, providing for at least three (3) other providers, with local government needs considered. If co-location is not possible, the applicant shall provide evidence as to the reason(s) it is not possible to meet this requirement. 3. The applicant shall commit to ensuring that each antenna owner will comply with Federal, State, and local regulations. 4. Each antenna owner shall have an approved building permit prior to erecting the antenna on the communication tower. The applicant shall show that the antenna will not extend more than ten (10) feet horizontally beyond the vertical plane of the edge of the communications tower and will not project above the existing communication tower structure's approved height. E. Setback. The applicant shall submit a site plan showing a minimum of one-half (½) the tower height plus fifty (50) feet between the base of the communication tower and any residential property line, otherwise a distance equal to the safety fall zone between the base of the communication tower and any nonresidential property. F. Buffer. The applicant shall submit a plan showing: 1. An eight (8)-foot high fence or wall, with access by a locked gate only, around the base of the communication tower or the property as required by the FCC. The fence or wall shall be equipped with an appropriate anti-climbing device. 2. A minimum of a five (5)-foot landscaping buffer, consistent with the requirements of Section 4.08.05 installed around the entire perimeter of the fence or wall. Additional landscaping may be required if deemed necessary to provide a buffer between the communication tower and adjacent residentially zoned properties. This requirement may be waived by the Development Administrator if the base of the communication tower is a minimum of 500 feet from all property lines. G. Signage. The applicant shall submit a sign plan showing: 1. That no portion of the communication tower will be used for advertising purposes, including a company's name; 2. That the party responsible for the operation and maintenance of the facility, its address, and telephone number is provided; and 3. That all security or safety signs required by Federal, State, or local regulations are provided. H. Lighting. The applicant shall submit a plan that shows the signals, lights, or illumination provided and the Federal, State, or local rule, regulation, or requirement. Page 545 of 719 ~ 135 ~ I. Maintenance and inspections. The applicant shall submit a plan for inspections and maintenance of the communication tower so that it remains in good condition, order, and repair and that the same shall not menace or endanger the life or property of any person. 1. The City may require FCC inspection reports and/or that the communication tower be inspected if there is reason to believe that the structural or electrical integrity of the communication tower is jeopardized. All certifications and inspections required herein shall be made by and at the sole cost of the provider, and certified and submitted to the City. 2. The City and its agents shall have the authority to enter onto the property upon which a communications tower is located, upon reasonable notice to the owner, to inspect the communications tower for purposes of determining whether it complies with all applicable laws and regulations. All expenses relating to such inspections by the City shall be borne by the owner. J. Abandonment. The owner shall submit a plan for abandonment of the communication tower which shall include a copy of the notice to the FCC of intent to cease operations for each user of the communication tower and a plan to remove the communication tower within a minimum of 180 days after abandonment. Any communication tower or antenna that is not operated for a continuous period of twenty-four (24) months shall be considered abandoned, and the owner of each such communication tower or antenna shall remove same within 180 days of receipt of notice from the City notifying the owner of such removal requirement. Removal includes the removal of the tower, all tower and fence footers, underground cables, and support buildings. If there are two (2) or more users of a single communication tower, then this provision shall not become effective until all users cease using the communication tower. 7.05.06 - Manufactured Home Communities A. Manufactured Home Communities are allowed by special exception in the MU zoning district, in accordance with the following standards. B. Mobile homes, manufactured homes, or modular homes may be located within a manufactured home community. Such homes are not required to comply with the standards set forth in Section 6.01.02. The following standards apply to homes in manufactured home communities: 1. In all cases, the Florida Building Code, Residential shall be complied with. 2. The minimum width of each building shall be sixteen (16) feet. 3. The minimum roof pitch shall be 3:12. 4. The minimum roof overhang shall be twelve (12) inches. 5. For dwellings elevated forty-eight (48) inches or less, the area beneath the home shall be enclosed by brick, concrete, wood, rock, vinyl or other material specifically manufactured for this purpose and shall enclose the space between the floor joists and the ground level, except for the required minimum ventilation and access. Such access shall remain closed when not being used for that purpose. 6. All tongues, wheels, axles, transporting lights and other towing apparatus shall be removed from the site prior to occupancy. 7. No home manufactured prior to June 15, 1976 shall be permitted. 8. At each exterior door, there shall be a landing that is in accordance with the Florida Building Code, Residential. C. Each manufactured home community shall be limited to rental of lots or spaces. Where lots or spaces are intended to be sold, the subdivision standards set forth in Section 6.07.00 shall be met. D. The maximum parcel size shall be five (5) acres. E. The following setbacks shall be provided on the perimeter of the manufactured home community parcel: 1. The front yard setback shall be a minimum of thirty-five (35) feet. 2. The side yard setback shall be a minimum of twenty (20) feet. 3. The rear yard setback shall be a minimum of twenty-five (25) feet. F. The impervious surface coverage standard shall be calculated for the manufactured community parcel as a whole. G. Perimeter landscaping shall be provided as set forth in Section 6.08.06. H. Individual lots or spaces for manufactured homes within a manufactured home community shall meet the following standards: 1. Each lot or space shall be clearly defined. Page 546 of 719 ~ 136 ~ 2. Each lot or space shall provide a individual utility connections. 3. The minimum lot or space area shall be 4,000 s.f. 4. The minimum lot or space width shall be forty (40) feet. 5. Lots or spaces shall be located to provide a minimum of thirty (30) feet between adjacent manufactured home units and between a manufactured home unit and any other building within the manufactured home community. The separation shall be measured at the outermost point of each building. I. Each individual manufactured home lot or space shall include a driveway with at least two (2) parking spaces, designed and built in compliance with the Crestview Engineering Standards Manual. J. A manufactured home community may include one (1) building which may include administrative offices, social hall/community meeting space, self-service laundry, and equipment storage. Parking shall be provided for the building according to the standards set forth in Chapter 8. K. The entrance drive and internal streets shall be paved in compliance with the standards set forth in the Crestview Engineering Standards Manual. L. If any home in a manufactured home community is proposed to be replaced, the replacement home must be compliant with all requirements of this section, including all building requirements, separation requirements and parking requirements. 7.05.07 – Food Truck Sites A. Sites designated to maintain one or more stationary food truck spaces, which may or may not also include other site development features, such as parking, seating, or any other accessory and amenity structures are allowed with the following restrictions and/or requirements: 1. Zoning. Food Truck Site developments are permitted in MU, C-1, C-2 and IN zoning districts. 2. General site development requirements shall be the same as what is required for the underlying zoning district, with the following exceptions: a. Food truck spaces and any additional structures shall be setback a minimum three feet from any side or rear property line when the development site is not within the Downtown Overlay District, or otherwise be setback the distance of any required landscape buffers. b. Food truck spaces, and any additional structures shall be placed at least 5 feet from any other space or structure. 3. Drive-thru service is prohibited. 4. Minimum Parking Requirements; Location. The parking and loading requirements shall be as follows: a. Two parking spaces required for each food truck space, except: (1) If the development site is inside the Downtown Overlay District or On-Street Parking District. (2) If the development site is within 250 feet of the Downtown Overlay District or On -Street Parking District. (3) The applicant may provide a shared parking agreement from adjacent developments, where such shared parking does not impact the adjacent development’s ability to meet their parking requirement. b. The provision of parking spaces and passenger loading areas for persons who have disabilities is governed by Chapter 553, Florida Statutes. c. Bicycle and pedestrian ways are required, to the standards of Section 8.05.00 of this code. 5. Landscaping and Buffering. A landscaping plan is required to the following standards for landscaping and buffering, which supersede the general landscaping requirements in Chapter 6: a. At least 50% of a given site area must remain open greenspace. A variety of trees, shrubs, bushes or other vegetation must be placed in greenspace areas. b. When development abuts a property containing a one-, two- or three-family dwelling, a minimum required landscaped buffer of seven and one-half (7.5’) shall be required. A greater sized buffer may be required by staff if deemed necessary to protect adjacent property from noise, lights, or other nuisance factors. 6. Alcohol controls. If alcohol is to be sold on-site, controls are required as per the applicable state regulatory agency. The type, design, and appearance requirements of any required controls will be determined during the site plan review process. Page 547 of 719 ~ 137 ~ 7. Utilities. A utility plan showing proposed location and design for water and sewer services, as well as location of any required grease traps shall be provided for each site. 8. Outdoor Refuse Collection and Storage Areas. No outdoor refuse collection or storage area shall be located in a front setback area, and all such areas shall maintain a minimum setback of three feet from any lot line and shall be enclosed and on a paved or concrete surface. 9. Food trucks housed on approved food truck sites are required to have a City BTR but are not required any other City permits. 10. Any noise-generating activity present on the food truck site is subject to the noise regulations in Sec. 30-1 of the Code of Ordinances. 11. Restrooms. Restrooms are required as part of a food truck site, except when public restroom facilities are available within 250 feet of the development site. 12. Site and Development Plan Review. a. For new developments on vacant or unimproved property, a development order is required as per the procedures set in Chapter 3 of this code. b. For modifying existing site developments to add the food truck site use, or add food truck spaces, an administrative permit is required as per the procedures set in Chapter 3 of this code to determine compliance with the requirements of this section. (1) Proposed food truck sites on existing developed sites shall not cause any additional impact to city services (water, sewer, stormwater, etc.) outside of the impacts approved for the original development order issued. (2) Proposed food truck sites on existing developed sites shall not cause the site to become non- compliant with the site requirements of the original development order issued (parking count, traffic flows, pedestrian ways, etc.). 7.05.08 – Townhouses A. A townhouse is a multi-story single-family dwelling unit attached horizontally to at least one (1) dwelling unit, in a building containing at least three (3) units by a common wall that meets the appropriate standards of the Florida Building Code and any applicable fire codes. B. Townhouse buildings shall sit across multiple lots, with each aforementioned common wall sitting on top of and parallel to the side property lines. Setback requirements shall apply as per the zoning district as the townhouse building relates to the outermost property line for a given project. C. Townhouses and townhouse developments are allowed in the R-3 and MU zoning districts. D. Requirements for townhouse developments 1. The minimum lot area for an individual townhouse unit is 700 s.f. 2. The minimum lot width for all individual townhouse units is twenty (20) feet. 3. Townhouse buildings shall be separated a minimum distance of ten (10) feet. 4. A six (6) foot tall fence shall be provided where a townhouse development abuts a property currently used for single-family or duplex development. The finished side of the fence shall face outward. No fence is required where an alley separates the townhouse development from the single-family or duplex development. Each portion of the fence shall be the property of the owner of the townhouse lot on which it is located; such owner is responsible for maintenance of that portion of the fence. 5. There shall be a maximum of ten (10) individual townhouse units within one (1) structure. 7.05.09 – Commercial Pad Sites A. A pad site is an out-parcel that is part of, or located within, a larger commercial development. B. Pad sites are permitted in the MU, C-1 , C-2 and IN zoning districts. C. Buildings located on pad sites must only meet the setback requirements of the outermost perimeter lot lines for the overall development. D. Pad site interior lot lines are exempt from landscape buffer requirements. E. Pad sites are exempt from the minimum lot area and lot width requirements of the applicable zoning district, provided the overall development meets these requirements. F. Pad sites may share parking with the overall development. Formatted: Font: (Default) +Body (Calibri) Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Font: (Default) Calibri Page 548 of 719 ~ 138 ~ G. Impervious surface and floor area ratio calculations for pad sites will be calculated as part of the overall development. 7.05.10 – Commercial Condominium E. A commercial condominium is a commercial development with accompanying condominium documents prepared to the standards of Florida Statutes Chapter 718. F. Commercial condominums are permitted in the MU, C-1, C-2 and IN zoning districts. G. Commercial condomium developments must meet all pertinent requirements of this code that are not otherwise exempted in this section. H. Surveys, declarations and other pertinent documents relating to commercial condominiums shall be reviewed, approved and recorded prior to issuance of a development order. I. Commercial condominium survey must list all applicable setbacks not otherwise excempted by this section. J. Individual lots parcels within commercial condominium developments that are proposed to contain any principle buildings, units or structures, shall not encroach into the minimum setback required per the zoning district, measured from the outermost property lines of the initial parent parcel. K. Individual lots within commercial condominium developments that are proposed to contain any principle buildings, units, or structures are excempt from minimum setbacks and landscape buffers measured from any interior lot lines. L. Lots within commercial condominium developments are excempt from the minimum lot area and lot width requirements of the applicable zoning district, provided the initial parent parcel meets those requirements. M. Individual lots within a commercial condominium shall share parking areas, loading areas and access aisles, and such provisions shall be included on the survey, in the declaration, or in the other associated documents. 7.06.00 - TEMPORARY USES 7.06.01 - Temporary Vendors A. Applicability. Itinerant Temporary vendors conducting retail sales or displays are permissible as a temporary use in the MU, C-1, C-2 and IN zoning districts, in accordance with the standards of this section. B. Unless otherwise specified, temporary uses subject to this section shall not exceed fifteen (15) days in any one (1) month. C. Temporary vending permits expire one (1) year after approval. D. A temporary vending permit shall be required for any temporary vendor operating within the City limits of Crestview. E. Applicants must also provide the following along with their application for the temporary vending permit: 1. Copies of all applicable state licenses. 2. Written permission from the property owner and the business owner of the site on which temporary vending is proposed. 3. A site plan indicating the following: a. The location of all existing and proposed structures on-site. b. The structural dimensions and locations in relation to property lines, c. The zoning district setback lines, d. Locations of any temporary sanitary facilities (portable toilets) and waste disposal. e. Parking areas, f. Signage, g. Means of ingress and egress for vehicular and pedestrian traffic, h. Any additional information necessary to portray the property and proposed use, i. A description of the proposed use 4. Insurance a. Proof of general liability insurance, in a form acceptable to the City, protecting the applicant from all claims for damages to property or bodily injury, which may arise from operations under or in connection with the vendor's activity. b.4. A signed and notarized hold-harmless agreement. Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted Formatted: Font: (Default) +Body (Calibri) Formatted Page 549 of 719 ~ 139 ~ F. Temporary Auto Sales. 1. Temporary vending involving the sale of automobiles is permitted under this section, provided the applicant for the temporary sale of automobiles shall have a permanent business location within the city limits of Crestview, and shall have a valid City Business Tax Receipt. 7.06.02 - Mobile Food Dispensing Vehicles A. Applicability. Unless otherwise specified, mobile food dispensing vehicles are allowed in the MU, C-1, C-2, or IN zoning districts in accordance with the standards of this section. B. Any mobile food dispensing vehicle operating within the City of Crestview is required to have a City of Crestview Business Tax Receipt. C. Requirements for Mobile Food Dispensing Vehicles. 1. Mobile food dispensing vehicles shall be fully self-contained and shall not connect to any utilities (water, sewer, gas or electricity). 2. Mobile food dispensing vehicles shall not sell alcohol unless specifically approved as part of a special event or other permit approved by the City. The alcohol-related restrictions of Chapter 6 of the City Code are applicable unless otherwise authorized by the City Code, or otherwise waived by the City. 3. Except with the express written permission of the City during an authorized special event, hours of operation shall be limited between 7 a.m. and 10 p.m. The person in charge of the mobile food dispensing vehicle when in operation on the developed site must be present at all times during hours of operation. 4. Mobile food dispensing vehicles selling or dispensing food to customers in a moving vehicle or otherwise engaging in drive-up sales is prohibited. 5. A mobile food dispensing vehicle shall not be allowed to be located on any site upon which uncorrected code violations exist, or which is under citation for code violations. 6. The operation of a mobile food dispensing vehicle shall not create or cause nuisance conditions including, but not limited to, displaying flags or unauthorized signage, loud noises, visual glare, flashing or animated lights, shouting or amplified music or sound, excessive fumes or smoke, environmental hazards, and any vehicular or pedestrian hazard. 7. Mobile food dispensing vehicles must not discharge waste, fat, oil, grease or such other similar substances from the vehicle. All such substances related to or generated from the vehicle shall be taken with the vehicle when the vehicle leaves the subject property. 8. Mobile food dispensing vehicles must comply, as applicable, with the standards specified by Chapter 5k- 4.002m Florida Administrative Code, and the U.S. Food and Drug Administrative 2001 Food Code as such codes may be amended from time to time. It is also prohibited and unlawful for a mobile food dispensing vehicle to fail to comply with all state and City traffic and parking, and stopping and standing laws, codes, ordinances, rules and regulations. 9. A copy of the appropriate license(s) issued from the Florida Department of Business & Professional Regulation (Division of Hotels and Restaurants) shall be maintained on the mobile food dispensing vehicle at all times along with a copy of a valid City Business Tax Receipt when the vehicle is in operation within the City, and shall be made available for inspection upon request by the City's law or code enforcement officers. 10. The property owner shall acknowledge that the property owner require compliance with all ordinances regarding solid waste disposal and must provide the vehicle access to solid waste collection on the subject property. 11. The property owner shall acknowledge that the property owner require that the vehicle meet all applicable federal, state, and local statutes, regulations, laws, ordinances, rules and codes including, but not limited to, applicable land use and zoning requirements regarding the subject property. 12. The property owner shall acknowledge that the property owner understands the regulations governing mobile food dispensing vehicles and will be held responsible, along with the vehicle owner, for any code violations. 13. The property owner shall acknowledge that the property owner ensures that the property will be continuously maintained in a neat, clean and orderly manner, and that the mobile food dispensing vehicle shall be limited to operating as a temporary accessory use on the subject property. 14. The subject property must be a developed site. The subject property must not be vacant or unimproved. Page 550 of 719 ~ 140 ~ 15. Any proposed Mobile food dispensing vehicles must be within the site setback lines, as required by the zoning district 16. Mobile food dispensing vehicles must not cover or otherwise render unusable any quantity of parking spaces that would cause the site to have insufficient parking for their primary use as required by Chapter 8 of this Code. 17. Mobile food dispensing vehicles must not obstruct or interfere with vehicular or pedestrian traffic, building access, fire lanes, crosswalks, driveways, fire hydrants, loading areas, stormwater drainage systems, or landscape buffers associated with the principle use. 18. Outdoor dining areas are prohibited including, but not limited to, tables, chairs, booths, bar stools, benches, and standup counters, except if dining areas are allowed with express written permission of the City during an authorized special event. 19. No additional signage shall be permitted on the proposed site related to the mobile food dispensing vehicle except as to signage permanently affixed and displayed on the vehicle. 20. Amplified music or other sounds from any mobile food dispensing vehicle or from audio equipment installed on the proposed site by the property owner or person in charge of the vehicle for purposes of vending, attracting or encouraging the congregation of customers shall be prohibited. 21. The grounds around any mobile food dispensing vehicle, and within any mobile food dispensing vehicle space shall be kept free of litter, trash, paper and waste at all times. Waste containers shall be provided, and all trash shall be taken with the vehicle when the vendor leaves or with the permission of the property owner, placed inside a commercial dumpster in use and located on the proposed site. D. Penalties. 1. Owners and operators of mobile food dispensing vehicles, and property owners on which such vehicles operate, shall be joint and severally liable for any violations of this section. The penalty provisions set forth in section 1-11 of the City Code shall apply to violations of this section. Formatted: No bullets or numbering Page 551 of 719 ~ 141 ~ CHAPTER 8 STANDARDS FOR TRANSPORTATION, ACCESS, PARKING AND LOADING 8.00.00 - PURPOSE AND INTENT This chapter is provided to establish standards and requirements for the entire transportation system, i ncluding access, streets, bicycle ways, sidewalks, off-street parking, on-street parking, loading areas, stacking lanes for drive- thru situations, and transit. 8.01.00 - APPLICABILITY All development and redevelopment shall be designed, constructed, and established in compliance with the standards set forth in this chapter. All sections listed in this chapter shall comply with any specifications or requirements listed in the Crestview Engineering Standards Manual. In the case of conflict, the Crestview Engineering Standards Manual shall rule. 8.02.00 - STREETS, VISIBILITY, ACCESS MANAGEMENT, AND RIGHT-OF-WAY PROTECTION A. Purpose. 1. The purpose of this section is to ensure a safe and efficient traffic circulation system, manage access, establish right-of-way widths for future transportation facilities, and prohibit encroachment of structures into existing rights-of-way. B. Right-of-Way Requirements. 1. Minimum right-of-way requirements for new roadways are provided in Table 8.03.00-1 a. Any roadways not meeting the classifications below shall be constructed consistent with Crestview Engineering Standards Manual, Okaloosa County Public Works, Florida Department of Transportation, or other relevant authority having jurisdiction. Table 8.02.00 - Minimum Right-Of-Way Requirements Street Type Standard Section (feet) One way street 30 Dead end less than 30 units 40 2-lane local / subdivision 50 2-lane collector 60 2. Use of Rights-of-way. a. Construction in a public right of way requires a development order or administrative permit issued as set forth in the procedures of Chapter 3. b. Encroachment shall not unreasonably restrict the public use of the right-of-way. c. No person shall willfully obstruct any portion of the right-of-way for a new roadway. d. The following uses of a public road are specifically permissible and are not a violation of this section: (1) The improvement of a public road by the owner of a property adjacent to the public road with landscaping, shrubbery, or grass consistent with the use of the public right-of-way for road purposes, with approval from Public Services. (2) Parking motor vehicles on that portion of public road not used as traffic lanes if not otherwise prohibited. (3) The replacement or maintenance of existing utility facilities. e. No person shall remove grass, earth, or sand from, or dig up, any street, or deposit material of any kind on any street or right-of-way, without City authorization. C. Visibility. 1. Visibility requirements are discussed and outlined in the Crestview Engineering Standards Manual. In all cases where visibility is or could be an issue, the Public Services Director shall have the final authority. Page 552 of 719 ~ 142 ~ 8.03.00 - ACCESS MANAGEMENT Street arrangement and layout shall meet the following standards. A. The arrangement, character, extent, width, grade and location of all streets shall be consistent with the existing street network, and with the Crestview Engineering Standards Manual, Current Edition. B. The arrangement of streets shall either: 1. Provide for the continuation or appropriate projection of existing planned or platted streets in surrounding areas; or 2. Conform to a plan for the neighborhood approved or adopted by the City to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impractical. C. In a subdivision of 50 or more lots there shall be at least two connections made to an existing public street or right of way. 1. If such conditions exist that preclude this possibility (such as wetlands or existing developments with no existing connection), then the streets should be laid out in a configuration to provide a means of ingress and egress to as many lots as can be accommodated. 2. The Community Development Services Director shall have the final approval authority on all street la yout designs. 3. If a connection is made to an existing right of way with no existing roadway, then a Memorandum of Understanding shall be developed between the City and the developer to provide physical access through said right of way. D. When a project site abuts two (2) or more City Streets, access shall be from the city street with the lower functional classification. Where the City determines that other access standards preclude placement of a drive on the street with the lower functional classification, an alternate design may be approved. 1. When the development abuts on a City street and a State Highway, the primary connection shall be made to the City street. A right in - right out only connection may be made on the State Highway with FDOT approval. E. The separation between access points on State-maintained roads shall be in accordance with the Florida Department of Transportation (FDOT) rules. On roads that are not maintained by the State, the separation between access points onto arterial and collector roadways, or between an access point and an intersection of an arterial or collector with another road, shall be as shown in Table 8.03.00. Table 8.03.00 - Access Separation Functional Class of Road Distance between access points (feet) Minor collector 20 Major collector 100 Minor arterial 150 Major arterial 200 F. The distance between access points shall be measured from the centerline of the proposed driveway or roadway to the centerline of the nearest adjacent roadway or driveway. 8.04.00 - STREET ACCESS AND DRIVEWAY DESIGN REQUIREMENTS A. All ingress and egress driveways onto a City street shall be located to allow the greatest degree of safety to both pedestrian and vehicular traffic on a City street. All proposed development must meet these standards for vehicular access and circulation: 1. Access design shall ensure that an entering standard passenger vehicle will not encroach upon the exit lane of a two-way driveway. 2. Access design shall ensure that a right-turning exit vehicle shall be able to see only the first through traffic lane available without encroaching into the adjacent through lane. 3. There shall be sufficient onsite storage to accommodate queued vehicles waiting to park or exit without using any portion of the street right-of-way or in any other way interfering with street traffic. Page 553 of 719 ~ 143 ~ 4. Number, location, and separation requirements for driveways. Driveways shall be designed to adequately accommodate the volume and normal character of vehicles anticipated to be attracted to the development. a. The number of driveways shall be determined by existing site conditions and ensuring safe and efficient access and use for both pedestrian and vehicular traffic on a City Street. b. The edge of a driveway for a single-family residential dwelling shall be located a minimum of twenty- five (25) feet from the right-of-way line of a street intersection. 5. Where two (2) or more driveways connect a single development site to any one (1) City street, a minimum clear distance of fifty (50) feet, measured along the curb line of the proposed driveway curb radii, shall be provided. 6. Opposing driveway intersections. a. Opposing driveway intersections for uses other than a single-family dwelling shall be located directly across from each other along City streets. b. If conditions prohibit locating a proposed driveway intersection directly opposite an existing or proposed driveway intersection along a City street, the offsets between the existing and proposed intersections shall be a minimum of one hundred fifty (150) feet. 7. Driveways shall be located and designed to ensure that vehicles do not back onto any right-of-way, except for driveways serving a single-family dwelling in single-family developments and residential zoning districts. B. Driveway Design. 1. Depressed curbing may be required across driveway openings, in order to promote the continual flow of street stormwater runoff. 2. Driveways shall intersect the City street at an angle as near ninety (90) degrees as site conditions permit, and in no case shall be less than seventy-five (75) degrees. 3. All driveway aprons shall be paved from the existing or proposed edge of pavement back to the existing or proposed right-of-way line. Paving within this area shall comply with the City's paving specifications as set forth in the Crestview Engineering Standards Manual. 4. Driveways located within a state or county right-of-way shall be designed in accordance with State or County Standards. 8.05.00 - BICYCLE AND PEDESTRIAN WAYS A. Bicycle and pedestrian ways shall be considered during the planning and development of on-site and off-site transportation facilities, including the connection and extension of existing bicycle and pedestrian ways on or serving State, regional, and local transportation systems. B. Bicycle Way Access and Connectivity. 1. Bicycle lanes, paths, and other ways shall connect traffic generators and shall be located along a direct line, convenient for users. 2. Bicyclists shall have equal access to all streets whenever possible and feasible. 3. Within a neighborhood, lines shall be considered through cul-de-sacs, making use of greenways, utility rights-of-way, and other open ways. 4. Bicycle ways shall be designed and constructed in compliance with the standards set forth in the Crestview Engineering Standards Manual. C. Sidewalks. 1. The purpose of this section is to require sidewalks to be constructed in conjunction with all new development and redevelopment. 1. Sidewalks are required along the street frontage of all lots where new development, redevelopment, subdivisions, or change of use is proposed. 2. Where no adjacent sidewalk network exists for a development to connect to, the developer shall pay into the sidewalk fund the equivalent cost per linear foot of installation according to the amount set in the Comprehensive Fee Schedule, in lieu of sidewalk installation. 3.2. Where a sidewalk is already provided, but the sidewalk is in disrepair and/or does not meet current standards for sidewalk location, width, and construction, such sidewalk shall be brought up to current standards as part of the development or redevelopment of the lot. 4. Where no sidewalks exist, the developer will be required to include the addition of sidewalks as part of the proposed development, redevelopment, subdivision, or change of use. Page 554 of 719 ~ 144 ~ 5.3. Sidewalks shall be designed and constructed in compliance with the standards set forth in the Crestview Engineering Standards Manual. 6.4. Sidewalks located within a State or County right-of-way shall be designed in accordance with State or County standards. 7.5. Sidewalk width requirements are set forth in Table 8.05.00. Table 8.05.00 - Sidewalk Width Requirements Location Minimum width (feet) Arterial streets (major or minor) 8 Collector streets 6 All other streets 5 8.6. Location. All sidewalks shall be constructed along the width of yards fronting upon a street right-of-way. Corner lots at street intersections shall have sidewalks constructed to, extended to, and ramped up to the street pavement in compliance with Federal and State ADA requirements. Sidewalks shall be constructed in the street right-of-way with the rear edge on abutting the front property line. and shall be constructed in compliance with the standards set forth in the Crestview Engineering Standards Manual. 9.7. Developers shall be required to construct sidewalks along the width of common areas fronting upon a street right-of-way. 10.8. Internal sidewalks. Nonresidential and multifamily residential developments shall be responsible for providing provide an internal (on-site) sidewalk network. The internal sidewalk network shall connect buildings, parking areas and common open spaces to public sidewalks. Internal sidewalks shall be at least five (5) feet in width and may be located within landscape buffer areas to achieve connectivity. a.9. Waiver. Sidewalk construction may be waived at the discretion of the Planning Administrator or their designee, if it is determined that the waiver request meets at least one (1) of the following criteria: b.a. There are physical constraints which would make the construction of a sidewalks impossible or impractical. Such constraints shall include, but not be limited to, insufficient right-of-way, extreme grade problems, and when construction would have a significant negative impact on the natural environment. b. There are roadway improvements scheduled within the upcoming year of the City's capital improvement plan which would result in construction activities that would destroy a significant portion of the sidewalk constructed by the developer. c. If sidewalk construction is waived, the developer shall pay into the sidewalk fund the equivalent cost per linear foot of installation according to the amount set in the Comprehensive Fee Schedule. 8.06.00 - REQUIREMENTS FOR PARKING AND LOADING 8.06.01 - Generally A. All development and redevelopment shall provide off-street parking in compliance with the standards set forth in this section. 1. Within the MU zoning district, parking facilities shall be provided and shared by all uses within a mixed-use development site. 2. On-street parking spaces, spaces in municipal parking lots, and spaces in off-site private parking lots may be counted toward meeting the parking requirement for a development site. Standards for counting on- street, municipal, and private parking lot spaces are set forth in Section 8.06.05. 3. In situations not addressed by Section 8.06.01(A)(1) and Section 8.06.01(A)(2), developments shall provide off street parking as set forth in Section 8.06.02. B. Limitation on use of parking facilities. Required off-street parking spaces, access driveway, and aisles shall not be used for any purpose other than vehicular parking. This prohibition applies to, but is not limited to: 1. Storage of goods and equipment; 2. Location of dumpsters and other refuse containers; Formatted Page 555 of 719 ~ 145 ~ 3. Location of goods and materials offered for sale; 4. Storage of inoperable vehicles and equipment; 5. Repair activities; 6. Special events not approved by the City; and 7. Any other activity that occupies the required spaces, drives and aisles on a temporary or permanent basis. C. Calculating the number of parking spaces. 1. The gross floor area of a building shall be used to calculate parking requirements. 2. When the calculation results in a fraction, the result shall be rounded up to one (1) parking space. 3. For places of assembly with open seating, such as benches or pews, the calculation of parking spaces shall be based on the occupancy as rated by the fire marshal. 4. When a site is occupied by two (2) or more separate and individual uses, the parking spaces required shall be determined by a parking study according to the requirements for such study set forth in Section 8.06.06. 8.06.02 - Standards for Parking A. The minimum number of vehicular parking spaces and bicycle spaces are provided in Table 8.06.02. B. In all cases, Pparking spaces to meet Federal and State ADA requirements shall be provided. in addition to the parking requirements set forth in Table 8.06.02 Table 8.06.02 - Parking Space Requirements Use Vehicle spaces (minimum) Bicycle spaces (minimum) Residential Uses Single-Family Dwelling 2 per unit up to 3 bedrooms, over 3 bedrooms add 1 space per bedroom None Multi-family Structure 2 per unit 1 per 10 required parking spaces Non-Residential Uses Public Assembly and Recreational Uses Churches, theaters, auditoriums, stadiums, and other public assembly 1 space per 3 seats of the principal public assembly room or area 1 per 10 required parking spaces Libraries and museums 1 per 500 s.f. of floor area 1 per 10 required parking spaces Community recreation center 1 per 300 s.f. gross floor area 1 per 10 required parking spaces Bowling alley 2 per lane 1 per 5 required parking spaces Miniature golf 2 per hole 1 per 5 required parking spaces Private clubs 1 per 300 s.f. gross floor area 1 per 10 required parking spaces Skating rink, ice or roller 1 per 300 s.f. gross floor area 1 per 5 required parking spaces Swimming pool, dance hall, exhibition hall 1 per 300 s.f. gross floor area 1 per 5 required parking spaces Schools Day care or nursery, dance, arts, etc. 1 per employee plus 1 off-street loading space per 8 students 1 per 10 required parking spaces Page 556 of 719 ~ 146 ~ Use Vehicle spaces (minimum) Bicycle spaces (minimum) Elementary or junior high 1 per 2 employees plus 1 per classroom 1 per 5 required parking spaces Senior high 1 per 2 employees plus 1 per 10 students 1 per 5 required parking spaces College, trade or business school 1 per 300 s.f. gross floor area or 1 per 3 classroom seats, whichever is greater 1 per 10 required parking spaces Health Facilities Hospital 1 per 3 hospital beds plus 1 per staff doctor plus 1 per employee on largest shift 1 per 10 required parking spaces Nursing homes 1 per 6 patient beds plus 1 per employee on the largest shift 1 per 10 required parking spaces Medical and dental offices 1 per 300 s.f. gross floor area 1 per 10 required parking spaces Commercial and Office Uses Banks 1 per 300 s.f. plus 1 per employee on largest shift 1 per 10 parking spaces Restaurant, sit-down and fast food 1 per 3 seats 1 per 10 required parking spaces Taverns, nightclubs and lounges 1 per 200 s.f. gross floor area 1 per 10 required parking spaces Offices other than medical/dental offices 1 per 300 s.f. gross office floor area plus 1 per business vehicle plus 1 per 1,000 s.f. of gross accessory storage area 1 per 10 required parking spaces Gasoline service stations 1 per employee on largest shift plus 1 per indoor service bay plus 1 per 300 s.f. gross floor area 1 per 10 required parking spaces Grocery or supermarket 1 per 300 s.f. gross floor area plus 1 per employee on largest shift 1 per 10 parking spaces Convenience Store 1 per 300 s.f. of gross floor area plus 1 per employee on largest shift 1 per 10 parking spaces Hotels and motels 1 per guestroom plus 1 space per 3 employees, plus any spaces required for accessory uses 1 per 10 required parking spaces Marina 1.5 spaces per berth. If marina contains boat ramp, at least 10 percent of spaces must be large enough to accommodate cars with trailers 1 per 10 required parking spaces Multi-tenant retail complex, <10,000 s.f. gross floor area 1 per 200 s.f. gross floor area 1 per 10 required parking spaces Multi-tenant retail complex, <>10,000 s.f. gross floor area 1 per 200 s.f. gross floor area, plus 1 per each additional 250 s.f. over 10,000 gross floor area 1 per 10 required parking spaces Barber and beauty shops 1 per station plus 1 per employee 1 per 10 required parking spaces Page 557 of 719 ~ 147 ~ Use Vehicle spaces (minimum) Bicycle spaces (minimum) Bed and breakfast 1 per owner/manager plus 1 per sleeping room 1 per 10 required parking spaces Car wash, full service 1 per employee on largest shift plus 2 stacking spaces and 1 drying space per cleaning station None Car wash, self service 2 stacking spaces and 1 drying space per cleaning station None Dry cleaning shop 1 per 300 s.f. gross floor area plus 1 per employee on largest shift 1 per 10 parking spaces Self-storage/mini-warehouses 1 space per 5000 s.f. gross floor area plus 1 per employee on largest shift 1 per 10 required parking spaces Other general business, retail, department stores or personal service establishment 1 per 300 s.f. of gross floor area plus 1 per employee on largest shift 1 per 10 required parking spaces Warehousing and Industrial Uses Warehouse 1 per 5,000 s.f. gross floor area 1 per 10 required parking spaces Extraction uses 1 per employee on largest shift None General Industrial 1 per 1,500 s.f. gross floor area None 8.06.03 - Standards for Parking Lot Design A. All off-street parking lots, other than single-family and duplex dwellings, shall be designed to meet the following standards: 1. Parking and loading areas, access aisles, pedestrian walkways, landscaping, and open space shall be designed as integral parts of an overall development plan and shall properly relate to existing and proposed buildings. 2. For uses that involve the sale, repair, rental, or storage of vehicles, required off-street parking spaces shall be identified for customers and distinguished from spaces used for the vehicles that are an integral part of the business activity onsite. 3. The parking lot circulation system shall be contained on-site. Access from one section of the parking lot to another section of the parking shall be entirely on-site. 4. When dead-end parking bays are included, adequate and safe areas shall be provided for backing and turning around. 5. Driveways and access aisles shall be interconnected with all existing driveways and access aisles on abutting commercial properties. Where the abutting commercial property is not developed, driveways and access aisles shall be extended to the common property line, so that future interconnection is possible. Each party to the interconnection shall be entitled to a ten (10) percent reduction in the parking requirement. A cross- access easement agreement shall be provided and determined to be acceptable to the City. Upon approval, the easement agreement shall be recorded. 6. A parking lot shall be designed to prevent backing onto a public right-of-way, other than an alley. 7. Access to each parking space shall be directly from an access aisle or driveway; all required parking spaces shall be designed to permit entry and exit without moving any other vehicle. No spaces shall be located directly in aisles or driveways. 8. All parking and loading spaces shall be striped or otherwise marked to indicate their location and area. 9. No parking space shall block emergency access. 10. Fire lanes shall be posted with appropriate signage, approved by the fire marshal. 11. All parking spaces shall be delineated by striping or similar method. Page 558 of 719 ~ 148 ~ B. Parking lot design 1. The design and construction of a parking lot shall comply with the standards set forth in the Crestview Engineering Standards Manual. 2. The dimensions of parking spaces and access aisles shall comply with the standards set forth in the Crestview Engineering Standards Manual. 3. Required design standards for required bicycle parking spaces and facilities are set forth in the Crestview Engineering Standards Manual. 8.06.04 - Standards for Loading Spaces A. The required number of off-street loading spaces is shown in Table 8.06.04. The design and construction of off- street loading spaces shall comply with the standards set forth in the Crestview Engineering Standards Manual. B. Loading spaces are not required for a single-family dwelling that is redeveloped for commercial use when: 1. The character of the single-family dwelling is preserved. 2. There are 10 or less required parking spaces. Table 8.06.04 - Off-Street Loading Space Requirements Use Required spaces (minimum) Multifamily residential: over 20 units 1 Offices: up to 75,000 s.f. 1 Offices: each additional 25,000 s.f. over 75,000 s.f. 1 Theaters, auditoriums, stadiums, places of general assembly: up to 20,000 s.f. 1 Theaters, auditoriums, stadiums, places of general assembly: each additional 100,000 s.f. over 20,000 s.f. 1 Commercial uses: up to 30,000 s.f. 1 Commercial uses: each additional 20,000 s.f. over 30,000 s.f. 1 Industrial uses: per 10,000 s.f. 1 Schools, libraries, hospitals, nursing homes: per 100,000 s.f. 1 8.06.05 - Standards for Parking Off the Development Site Developments may count parking spaces located off the development site in the following circumstances: A. The development parcel is in the Downtown Overlay District or On-Street Parking Area: 1. On-street parking is available within 300 feet of the principal entrance of the building(s) to be served by parking. Distance shall be measured along the most direct walking route from the entrance to the parking area; 2. An available municipal parking lot is located within 400 feet of the principle entrance of the building(s) to be served by parking. Distance shall be measured along the most direct walking route from the building entrance to the nearest entrance to the municipal parking lot. A municipa l parking lot is available when it provides parking to the general area and is not intended to provide off-street parking to support a public or civic structure or use; 3. A private off-site parking lot is available within 400 feet of the principal entrance of the building(s) to be served by parking. The parcel containing the private off-site parking lot shall be located on land zoned C-1 or MU. The off-site parking lot shall be provided by the owner of the development parcel to exclusively serve the development parcel. Or Formatted: Outline numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Outline numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Page 559 of 719 ~ 149 ~ 4. A private off-site parking lot is available within 400 feet of the principle entrance of the building(s) to be served by parking. The parcel containing the private off-site parking lot shall be located on land zoned C-1 or MU. The owner of the development parcel and owner of the parking lot shall enter into an agreement guaranteeing the availability of the parking spaces to be counted to meet parking needs of the development parcel. The agreement shall be a recordable instrument in a form acceptable to the City Attorney. The City shall be a party to the agreement and shall retain enforcement authority. The agreement shall contain covenants running with the lands of both the development parcel and the parcel containing the parking lot. 8.06.06 - Parking Studies A. The required number of parking spaces may be reduced based on the results of a parking study prepared in compliance with the standards of this section. The parking study shall be prepared by a traffic engineer, certified transportation planner, or other professional with expertise in parking. B. Parking spaces may be shared by two (2) or more adjacent uses when a parking study prepared in compliance with the standards of this section demonstrates that adequate parking will be available to meet all parking needs. C. The Planning Administrator may require a parking study when the characteristics of the proposed development is believed to require a greater or lesser number of parking and/or loading spaces than established by the standards of this section to demonstrate the amount of parking required. D. A parking study shall include estimates of the parking requirements based on one (1) of the following sources: 1. Urban Land Institute; 2. Institute of Traffic Engineers; 3. American Planning Association; 4. Traffic Institute; or 5. A study of parking requirements prepared by a Traffic Engineer based on data collected demonstrating the actual parking needs of comparable uses. Uses shall be considered comparable based on type of use, density, or intensity of development, scale, bulk, and location. The study shall clearly document the location of parking counts, and the time of the counts (weekdays, weekends, peak use periods, and season). E. The parking study shall also include an analysis of the extent to which a transportation system management program and use of alternative forms of transportation lessen the parking requirement. The following factors shall be considered: 1. Public transportation satisfies transportation demands for a portion of the users of the facility that corresponds to the amount of proposed parking reduction. 2. The availability and estimated use of private and public ride sharing, such as carpools and van pools. 3. The availability of subscription bus service. 4. Parking charges. 5. The guaranteed provision of annual employee or customer bus passes by the development occupying the development site. 6. The implementation of guaranteed flexible work hour scheduling. 7. The establishment of a transportation coordinator position to implement a carpool, van pool or other transit programs. 8. The reduction in parking spaces corresponds to the percentage of residents, employees, and customers who regularly walk, use bicycles and other non-motorized forms of transportation, or use mass transportation to travel to the facility. Documentation of the source of this data shall be provided. F. The parking study may demonstrate a deferral of the provision of otherwise required parking spaces provided that the following standards are met: 1. A parking plan is provided to demonstrate that sufficient space is available to meet the parking requirements set forth in Section 8.06.02. 2. A parking plan is provided that illustrates the layout for the required number of spaces, designating the spaces to be deferred. 3. Spaces proposed for deferral shall not be used for required landscaping, required buffers, required setbacks, or stormwater management. Page 560 of 719 ~ 150 ~ 4. A parking plan shall demonstrate full compliance with all design requirements of this LDC, except for the design and construction of deferred spaces. 5. The parking plan shall include a written agreement, in the form of a recordable instrument approved by the City Attorney, guaranteeing conversion of the deferred spaces to paved spaces in full compliance with the standards of this LDC, based upon the City's determination that the deferred spaces are necessary for the safety and welfare of the public. The City shall be a party to the agreement. The agreement shall include a requirement that the property owner shall be responsible for any expenses of a traffic and/or parking study to address the need for the deferred spaces. 6. The property owner may at any time request approval of a revised development plan to allow converting the deferred spaces to operable parking spaces. G. A parking study to support shared parking requirements shall meet the following standards: 1. The parking spaces for joint use shall be located within 300 feet of the respective uses they are intended to serve. 2. The study shall include sufficient data to demonstrate that the hours of maximum demand for parking at the respective uses do not normally overlap. 3. The study shall contain sufficient information to demonstrate that the joint use of parking and subsequent reduction in the total number of otherwise required parking spaces will not have a negative impact on adjacent properties. 4. The owner of parcels proposing to share parking shall enter into an agreement guaranteeing the joint access and use of the parking spaces to meet parking needs of all properties represented in the agreement. The agreement shall be a recordable instrument in a form acceptable to the City Attorney. The City shall be a party to the agreement and shall retain enforcement authority. The agreement shall contain covenants running with the lands of all parcels relying on the shared parking arrangement. The agreement shall include provisions for maintenance of the shared parking facility. The agreement shall also include provisions that address discontinuance of one (1) or more uses and a change in one (1) or more uses resulting in an increased parking need. The agreement shall contain covenants running with the lands of all development parcels relying on the shared parking arrangement. 8.06.07 - Standards for Stacking Lanes and Drive-Through Facility Lanes A. Stacking Space Requirements. All facilities providing drive-up or drive-through service shall provide on-site stacking lanes in accordance with the following standards: 1. The amount of stacking space required is set forth in Table 8.06.07. Where a use that is not listed in this table is proposed to include drive-up or drive-through service, the Planning Administrator shall determine the stacking requirement. Determination shall be based on the requirements for a substantially comparable use, considering traffic generation, intensity of development, scale of development, and hours of operation. Table 8.06.07 - Required Stacking Spaces Use Required spaces (Minimum) Automobile repair facility 2 vehicles per service bay Drug store or pharmacy 4 vehicles per lane Financial institution 4 vehicles for the first lane and 2 vehicles per lane for each additional lane Food or beverage center 4 vehicles per lane Fast food restaurant 6 vehicles per lane B. Design Requirements for Stacking Lanes 1. Stacking lane distance shall be measured from the service window to the property line bordering the furthest street providing access to the facility. Stacking distance shall be computed at eighteen (18) feet per vehicle. Page 561 of 719 ~ 151 ~ 2. The facilities and stacking lanes shall be located and designed to minimize turning movements in relation to the driveway access to streets and intersections. 3. On-site parking lots, pedestrian areas and drive-through lanes shall be designed to avoid pedestrians crossing drive-through lanes. 4. Vehicular traffic from stacking lanes shall not encroach on the public right-of-way. 5. A separate bypass lane around the drive-through facility shall be provided. 6. Stacking lanes shall not be located within a designated delivery area or area designed for loading spaces. 8.06.08 - On-Street Parking Area A. Projects within the On-Street Parking Area are allowed to include any on street parking on an abutting right-of- way toward their parking requirement. B. In this area, on street parking can also be proposed as part of a development order or administrative permit, counting toward a property's parking requirement. C. In this area, all rights-of-way are included for allowing on-street parking with the exception of the Highway 85 and Highway 90 rights-of-way. D. See Figure 8.06.08 for the On-Street Parking Area Boundary. Figure 8.06.08 - On-Street Parking Area Page 562 of 719 ~ 152 ~ CHAPTER 9 VARIATIONS FROM STANDARDS IN THE LDC 9.00.00 - GENERALLY The purpose of this chapter is to provide mechanisms for obtaining relief from the provisions of this LDC where hardship would otherwise occur. There are several ways that potential relief from hardship is addressed: potential relief through requirements regarding the use of and changes to nonconforming development; potential relief through the grant of a variance from the site development standards of this LDC; potential relief when an administrative decision is appealed; and potential relief when an administrative waiver is granted to modify certain site development standards of this LDC. Page 563 of 719 ~ 153 ~ 9.00.01 - Waiver of Standards Pertaining to Metal Buildings The Community Development Services Director may approve a waiver of standards pertaining to metal building, provided the following standards are met. A. The proposed metal building shall be consistent with the character of the neighborhood within 500 feet of the site of the metal building. B. The metal building shall be designed to ensure compatibility with development in the zoning district in which it is proposed. C. The metal building and the site on which it is proposed are designed to minimize potential detrimental impacts on properties within 500 feet of the development site. The determination that potential detrimental impacts are minimized shall be based on the following: 1. Proposed architectural design of the metal building; 2. Proposed placement of the metal building on the site and the relationship to open space on the site; 3. Proposed fencing and screening; and 4. Proposed landscaping. 9.01.00 - NONCONFORMING SITUATIONS 9.01.01 - Generally A. Purpose. It is the purpose of this section to address the continuation and potential modification of uses, structures, lots, and site features that meet the following conditions: 1. A use, structure, lot, or site feature that was lawfully established and in compliance with regulations applicable to the use, structure, lot, or site feature at the time of establishment of such use, structure, lot, or site feature; and 2. Such use, structure, lot, or site feature does not comply with the regulations set forth in this LDC. a. This situation is called a nonconformity. B. It is the intent of the City to: 1. Establish two (2) types of nonconformities: benign and detrimental; 2. Allow continuation of nonconformities until such nonconformities are abandoned; 3. Allow change of use of specified nonconformities; 4. Allow modifications to specified nonconformities; and 5. Eliminate or reduce detrimental nonconformities. C. It is further the intent of the City that the casual, intermittent, temporary, or illegal use of land, water, buildings, structures, characteristics of use, or any such use in combination shall not be sufficient to establish the existence of a nonconforming use to create rights in the continuance of such use. D. Maintenance. Normal and customary maintenance or repair of nonconforming lots, sites, and structures shall be allowed, provided that such maintenance or repair does not otherwise increase the extent of the nonconformity. Maintenance or repair shall be performed only to ensure safety and to prevent a nuisance. E. Relocation of nonconforming buildings or structures. A nonconforming structure shall not be moved, in whole or in part, to another location within the City, unless the lot, site, and resulting structure placement conforms in all respects to the standards and requirements of this LDC. 9.01.02 - Types of Nonconformities A. Benign nonconformities. 1. A benign nonconformity exists when the degree of nonconformity does not result in a harmful or unsafe condition; a negative impact on public safety or health is not expected to occur due to the continuation or modification of a benign nonconformity. All conforming structures as of January 1, 2020 will be considered benign nonconformities. 2. Only the following situations shall be considered benign nonconformities: a. An encroachment into a required setback of less than ten (10) percent. b. A lot area which is less than the minimum required by not more than ten (10) percent. c. A lot width which is less than the minimum required by not more than ten (10) percent. d. A building feature which is more than the maximum allowed by not more than ten (10) percent. Page 564 of 719 ~ 154 ~ e. A front yard setback that fails to comply with the standards in this LDC due to road widening. f. Provision of off-street parking that contains up to ten (10) percent fewer spaces than required by this LDC or through a parking study. g. Impervious surface coverage in excess of maximum allowed. B. Detrimental nonconformities. 1. Any use of land or structure that does not comply with the uses permissible in the applicable zoning district, as set forth in 4.06.00, shall be considered to be a detrimental nonconformity. 2. Any nonconformity of a structure or site that is not identified as a benign nonconformity in Section 9.01.02.A shall be considered to be a detrimental nonconformity. 9.01.03 - Continuation of Nonconformities A. A benign or detrimental nonconformity shall be allowed to continue except as follows: 1. The nonconformity is declared to be unsafe or unlawful. 2. The nonconformity is declared to be a public nuisance. B. A detrimental nonconformity which is discontinued for a period of 180 consecutive days shall be considered abandoned. 1. Such nonconformity shall not thereafter be reinstated. 2. Any subsequent occupancy of such nonconformity shall be permissible only when such nonconformity has been brought into compliance with the requirements of this LDC. 3. The removal of buildings, structures, equipment, or other aspects of such nonconforming use; the absence of a water utility service deposit or account; or the absence of a current business tax receipt shall be deemed to be prima facie evidence of the discontinuance of a nonconformity. 4. If the reason for discontinuance is the documented action by a non-City governmental agency, the time of delay caused by the governmental agency shall not be calculated as part of the period of discontinuance. C. A benign nonconformity may be discontinued for any period of time and shall not be considered abandoned. 9.01.04 - Change of Use A. All rights and obligations associated with a nonconformity shall run with the ownership of the land or water, are not personal to the present owner or tenant of the nonconforming use of land or water and are not affected by a change in ownership or tenancy, except if abandoned. B. Benign nonconformities. A land use carried out in or on a lot, site, or structure that has been identified as a benign nonconformity may be changed to any use permissible in the zoning district in which it is located, subject to the requirements set forth in 4.06.00. The nonconformities are not required to be modified for compliance with the standards of this LDC. C. Detrimental nonconformities. The use of a lot, site, or structure identified as a detrimental nonconformity may be changed, provided the following standards are met: 1. The new use is less intense than the existing use. Intensity shall be determined by impervious surface coverage and either density for residential uses or the floor area ratio for nonresidential uses; or 2. The new use complies with the requirements of this LDC. Page 565 of 719 ~ 155 ~ 9.01.05 - Damage and Restoration of Nonconforming Buildings or Structures A. In the event that any nonconforming building or structure is damaged by any means, including fire, flood, wind, explosion, or other act of God, or act of the public enemy, to an extent of less than fifty (50) percent of the total assessed value of the building or structure, such building or structure shall be permitted to be replaced, restored, or reconstructed according to the development standards in effect at the time of original construction. The assessed value shall be determined by an independent appraisal establishing value on the date of the damage event. Where an independent appraisal is not provided, the assessed value shall be the most recent taxable value shown for the structure as determined by the Okaloosa County Property Appraiser on January 1 of the year in which the damage occurred. B. Replacement, restoration, and reconstruction shall be permissible only in compliance with building, plumbing, electrical, gas, mechanical, fire, and other construction and life safety regulations in effect at the time of application for a local building permit to allow such replacement, restoration, or reconstruction. C. Permits for replacement, restoration, or reconstruction shall not be issued after twenty-four (24) months have elapsed since the damage event. 9.01.06 - Expansion or Modification of Benign Nonconformities A. A structure which is a benign nonconformity may be modified or expanded, subject to the following standards: 1. Any addition or expansion of the structure shall comply with the standards applicable to the zoning district as set forth in this LDC; 2. Any addition or expansion of the structure shall not increase the extent of the nonconformity; and 3. Any addition or expansion of a structure shall comply with all local building permit requirements as set forth in Chapters 6 and 7. B. A lot or site which is a benign nonconformity may be modified, subject to the following standards; 1. Any additional structures or site features shall comply with the standards set forth in this LDC; 2. The addition of structures or site features shall not increase the extent of the nonconformity; and 3. The addition of structures or site features shall comply with all local development permit requirements as set forth in Chapters 6 and 7. 9.01.07 - Expansion or Modification of Detrimental Nonconformities A. A structure which is a detrimental nonconformity shall not be expanded. B. A structure, which is a detrimental nonconformity may be modified, subject to the following standards: 1. The proposed modification of the structure shall be reviewed by the Building Official. 2. Any modification of the structure shall not increase the extent of the nonconformity; 3. Any modification of the structure shall comply with the standards set forth in this LDC; 4. A modification shall not be permissible when off-street parking and loading required for the modification cannot be provided; 5. When a modification is to allow or accommodate a change of use, the use shall be in compliance with the use requirements of the zoning district as set forth in Chapter 4; 6. The modification of the structure shall maintain or improve compatibility of the structure with the neighborhood in which it is located; and 7. Approval of modifications to nonconforming structures shall be conditioned upon the addition or improvement of access, driveways, sidewalks, drainage, and landscaping, in compliance with the requirements of this LDC. C. A lot or site which is a detrimental nonconformity may be modified, subject to the following standards: 1. The proposed modification of the lot or site shall be reviewed by the Community Development Services Director. 2. Additional or modified structures or other site features shall be permissible only where such additions or modifications improve the degree of conformity or provide for the public safety; 3. The addition or modification of structures or other site features shall not increase the extent of the nonconformity; 4. The addition or modification of structures or other site features shall maintain or improve compatibility of the site with the neighborhood in which it is located; Page 566 of 719 ~ 156 ~ 5. As a condition of approval of applications to add or modify structures or other site features, the applicant may be required to demonstrate that the site is designed in compliance with the requirements of this LDC with regard to access, sidewalks, drainage, and landscaping. 9.01.08 - Specific Requirements for Lots of Record When an individual lot or parcel has an area smaller than the requirements of the zoning district in which it is located, but was a lot or parcel of record on January 1, 2021, the permitted uses of the zoning district shall be allowed on such lot or parcel, provided all requirements, other than minimum lot area, depth, or width, are maintained. For residentially zoned lots of record, the minimum side yard setback requirement on such lots or parcels can be modified but shall be not less than ten (10) percent of the lot width and, regardless of lot width, shall not be less than five (5) feet. 9.02.00 - VARIANCES 9.02.01 - Generally A. Purpose. The purpose of a variance is to provide a means to grant permission to depart from the standards of the zoning district where unique characteristics of a parcel together with the imposition of the specific regulations of the zoning district result in a hardship. B. Variances granted prior to adoption of this LDC. 1. Any variance granted before the date of adoption of this LDC shall remain in full force and effect, including any conditions of that variance, except as set forth in Section 9.02.01.B(2) and (3). 2. Property for which a variance was granted prior to the adoption of this LDC may be developed in accordance with the plans previously approved. Where construction or development does not commence prior to the expiration of the variance, the variance shall have no further force and effect and the provisions of this LDC shall apply to development and use of the property. 3. Where a variance does not contain an expiration date, and a building permit application has not been submitted for the development for which the variance was granted, such variance shall expire twelve (12) months after the effective date of the order granting the variance. Upon expiration, the variance shall have no further force and effect and the provisions of this LDC shall apply to development and use of the property. 9.02.02 - Required Findings for a Grant of Variance A. In order for an application for a variance to be approved or approved with conditions, the Planning and Development Board (PDB) shall make a positive finding, based on the evidence submitted, for each of the following provisions: 1. The need for the proposed variance is due to the unusual or unique physical shape, configuration, or other physical condition of the development site. These special conditions are not generally applicable to other lands, structures, or buildings in the same zoning district; 2. The literal interpretation and application of the provisions of this LDC would deprive the property owner of property rights commonly enjoyed by other properties in the same zoning district, resulting in an undue hardship; 3. The special conditions are not the result of actions of the property owner and are not based solely on a desire to reduce development costs; 4. Approval of the proposed variance shall not provide to the property any special privilege that is denied to other development sites within the same zoning district; 5. The proposed variance is the minimum variance that results in reasonable use of the land, building, or structure; 6. Approval of the proposed variance shall ensure compatibility of the resulting development with the uses of land and character of the adjacent and surrounding neighborhood; 7. The proposed variance is consistent with the intents and purposes of the requirements of this LDC; 8. The proposed variance is consistent with the provisions of the Comprehensive Plan; and 9. The proposed variance is not detrimental to the health, safety, or general welfare of the public. Page 567 of 719 ~ 157 ~ B. The PDB shall not consider a nonconforming use of neighboring lands, structures, or buildings in the same zoning district, or a permitted use of lands, structures, or buildings in other zoning districts, when determining whether to grant an application for a variance. 9.02.03 - Procedures for Variances A. Any person requesting a variance from the provisions of this LDC shall submit an application to the City on forms provided by the City. 1. The application shall include the information required for all applications as set forth in Section 3.00.00. 2. The application shall include a detailed explanation regarding how the proposed variance complies with each of the requirements of Section 9.02.02. 3. An application for a variance for development subject to review of a site development plan shall be processed prior to completion of the site plan review process. 4. The appropriate fee as established by the City shall accompany the application. No portion of the fee shall be refunded whether the application is withdrawn by the applicant or is denied by the City. B. The applicant for a variance has the burden of proof of demonstrating that the application for a variance complies with each of the requirements of Section 9.02.02. C. The application shall be reviewed by the Planning Administrator for compliance with the required findings set forth in Section 9.02.02.A report shall be prepared and provided to the PDB at least seven (7) business days prior to the scheduled hearing date. D. The PDB shall conduct a quasi-judicial hearing according to the procedures set forth in Section 3.02.02. E. Notice of the hearing shall be provided as set forth in Section 3.02.01. F. The PDB shall approve, approve with conditions, or deny the application for a variance, based upon findings for each of the provisions set forth in Section 9.02.02.The decision of the PDB shall be reduced to a written order, which shall be issued to the applicant and filed with the Okaloosa County Clerk of Court. An order approving or approving with conditions shall expire within one (1) year of the date of such order, unless development subject to the variance is completed. The order may be extended once by the PDB for good cause for a period not to exceed one (1) year. G. Limitations on the grant of a variance. 1. A variance shall not be granted which authorizes a use that is not permissible in the zoning district in which the property subject to the variance is located. 2. A variance shall not be granted which authorizes any use or standard that is expressly prohibited by this LDC. 9.02.04 - Appeal of Planning and Development Board Decisions The decision of the PDB shall be final, and there shall be no further review thereof except by resort to a court of competent jurisdiction. 9.02.05 - Specific Requirements for Variances Regarding Historic Buildings Variances may be issued for the reconstruction, rehabilitation, or restoration of buildings listed on the National Register of Historic Places or the Florida Master Site File. Such variance shall comply with the standards set forth in Sections 9.02.01, through 9.02.03, except where compliance would result in the structure losing its historical designation. 9.03.00 - APPEALS OF ADMINISTRATIVE DECISIONS 9.03.01 - Applicability Administrative decisions include decisions by the Community Development Services Director and staff members pertaining to the following matters: zoning determinations, certificates of concurrency, minor plats, administrative waivers, change of use, interpretation of permissible uses within zoning districts, and expedited development orders. A person adversely affected by an administrative decision may appeal such decision to the PDB. Page 568 of 719 ~ 158 ~ 9.03.02 - Notice of Intent to File an Appeal of an Administrative Decision A. Prior to filing an application for an appeal of an administrative decision, an affected party shall file a Notice of Intent to Appeal within five (5) business days following the administrative decision, determination, or action to be appealed. The City shall provide a form for filing a Notice of Intent to Appeal. No fee shall be required. B. When a Notice of Intent to Appeal is filed, all work that is the subject of the appeal on a site shall be stayed for ten (10) business days. 9.03.03 - Filing an Appeal of an Administrative Decision A. Within ten (10) business days following filing of a Notice of Intent to Appeal, the affected party filing the Notice of Intent may file an application to appeal an administrative decision. B. The application shall include a detailed explanation regarding how the applicant is adversely affected by the administrative decision. Where the administrative decision was based on technical standards, the applicant shall provide detailed data and analysis regarding alleged errors in the application of the technical standards. C. The appropriate fee as established by the City shall accompany the application. The application shall not be accepted without the filing fee. No portion of the fee shall be refunded. D. Upon receipt of an application to appeal an administrative decision, the Planning Administrator shall schedule the appeal to be heard by the PDB. E. The administrative decision subject to the Notice of Intent shall become final and effective if an application to appeal is not timely filed. 9.03.04 - Stay of Work Filing an appeal of an administrative decision stays all work on the premises and all proceedings in furtherance of the action appealed that is subject to the appeal. When the Planning Administrator determines that a stay would cause imminent peril to life or property, the Planning Administrator shall notify the PDB of the determination. Only the work necessary to avoid imminent peril to life or property shall be permissible; all other work shall be stayed. 9.03.05 - Procedures for Consideration of an Appeal of an Administrative Decision A. The consideration of an appeal by the PDB of an administrative decision shall be a de novo quasi-judicial hearing. B. The Planning Administrator shall prepare a report following the procedure for preparation of a compliance report set forth in Chapter 3. C. Notice of the hearing shall be provided as set forth in Section 3.02.01. D. The applicant has the burden of proof to demonstrate that the administrative decision was in error. E. The PDB shall determine whether the provisions of this LDC have been properly applied and shall take action as follows: 1. Affirm the administrative decision that is the subject of the appeal; 2. Reverse, wholly or in part, the administrative decision that is the subject of the appeal; or 3. Modify the administrative decision that is the subject of the appeal. F. The PDB shall issue a written order containing findings of facts and conclusions of law. 9.03.06 - Appeal of Planning and Development Board Decisions The decision of the PDB shall be final, and there shall be no further review thereof except by resort to a court of competent jurisdiction. Page 569 of 719 CITY OF CRESTVIEW Item # 8.11. Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Ordinance TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director DATE: 8/3/2022 SUBJECT: Ordinance 1892 - Chapter 2, Article III - Nuisance Abatement and Planning Board Revisions Amendment BACKGROUND: Previously, the City handled nuisance abatement through the Drug Nuisance Abatement board, established in Chapter 2, Article III of the City Code. Originally, this board was filled by members of the Code Enforcement Board. Since we no longer have a code enforcement board, but a magistrate, there is no way for the City to employ the drug nuisance abatement board. DISCUSSION: In this ordinance, four things are being modified. First, the Planning Board section is being revised to match the content in the revised Land Development Code. When the code was originally adopted, Chapter 2 of the Code of Ordinances was never amended to reflect the changes. Second, the Technical Advisory Board is being removed as it is no longer utilized within the land development code or other city function. Third, and as previously discussed, the Drug Nuisance Abatement board is being amended to be the Nuisance Abatement Board (as state statute outlines a number of nuisances unrelated to drugs) and is amending the board to be composed of members of the Planning and Development Board, as we previously discussed. Last, the City Manager has worked with the City Council to remove the historic preservation board as an official city board, to allow it to function as an independent non-profit. As a result, this ordinance also provides for the removal of that board from the code as well. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors FINANCIAL IMPACT This item will not result in any direct financial impact. RECOMMENDED ACTION Staff respectfully requests that the council move Ordinance 1892 to second reading for adoption. Page 570 of 719 Attachments 1. Attachment 1 Page 571 of 719 ORDINANCE: 1892 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, AMENDING CHAPTER 2, ARTICLE III – BOARDS, COMMITTEES AND COMMISSIONS - OF THE CITY OF CRESTVIEW CODE OF ORDINANCES; PROVIDING FOR AUTHORITY; PROVIDING FOR FILING OF THIS ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT OF OKALOOSA COUNTY; 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. WHEREAS, the City determined that it is necessary to amend Chapter 2, Article III – Boards, Committees and Commissions, to provide for consistency with the Land Development Code and to improve the organizational efficiency, accountability, and autonomy regarding historic preservation; and WHEREAS, the City Council (“Council”) of the City serves as the elected governing body directly responsible for the promotion and projection of the public welfare, and safety of its citizens and inhabitants; and WHEREAS, the City has thereby determined that it is also necessary to amend Chapter 2, Article III, Division 6. – Drug Nuisance Abatement Board, to further the promotion and projection of the public welfare, and safety of its citizens and inhabitants. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: CHAPTER 2, ARTICLE III – BOARDS, COMMITTEES AND COMMISSIONS is hereby amended as attached to this ordinance (Attachment 1). SECTION 1 – AUTHORITY. The authority for enactment of this ordinance is Chapter 166.021, Florida Statutes, and Section 2 of the City Charter. SECTION 2 – 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 3 – 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 4 – 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 5 – 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 6 – 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. Page 572 of 719 SECTION 7 – 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 ________________, 2022. Approved by me this ______________________ day of ________________________, 2022. ______________________________________ J. B. Whitten Mayor ATTEST: _____________________________________ Maryanne Schrader City Clerk Page 573 of 719 ARTICLE III. BOARDS, COMMITTEES AND COMMISSIONS DIVISION 1. GENERALLY Secs. 2-51—2-60. Reserved. DIVISION 2. PLANNING AND DEVELOPMENT BOARD Sec. 2-61. Created. The Crestview planning advisory board, referred to in this Code as the planning board, is hereby created and established and the planning board shall be organized and empowered as set out in this division. Pursuant to and in accordance with F.S. § 163.3174 and the Local Government Comprehensive Planning and Land Development Regulation Act, as amended, the City Council finds that land use planning and a continuity of growth management within the City benefits the public’s health, safety, and welfare. The City Council further finds that this public purpose can best be achieved by establishing the Planning and Development Board, which is established and designated as the Local Planning Agency (LPA) for the City of Crestview. Sec. 2-62. Membership; term; vacancy; removal; compensation; ex officio members. Powers and Duties. (a) The planning board shall consist of seven members, who shall be residents of the city, and appointed by the council. (b) The terms of the members of the planning board shall be for four years, except that in the appointment of the first planning board under the terms of this article the first member shall be appointed for a term of one year, the second member shall be appointed for a term of two years, the third member shall be appointed for a term of three years, and the remaining members shall be appointed for terms of four years, each with eligibility for reappointment. (c) Any vacancy in the membership of the planning board shall be filled for the unexpired term by the council, who shall have the authority to remove any member for cause, upon written charges, after a public hearing. (d) All members of the planning board shall serve without compensation but may be reimbursed for actual expenses incurred in connection with their official duties. (e) The mayor and administrative assistant shall be ex officio members of the planning board and shall receive no compensation for their work on the planning board other than the fixed salary of their office. (a) Pursuant to and in accordance with F.S. § 163.3174 of the Local Government Comprehensive Planning and Land Development Regulation Act, the City Council finds that there is a public purpose in coordinating the planning of the City with the Okaloosa County School Board. (b) The Planning and Development Board/Local Planning Agency (hereinafter Board or PDB) shall have the authority and responsibility to review land use in the City and evaluate planning and regulatory methods and systems for resolving physical, economic, social, environmental and fiscal issues. The City Council directs the Board to carry out functions and powers identified in the City of Crestview Land Development Code (hereinafter LDC). (1) The Board shall use the power and authority conferred upon it by the LDC to further its stated public purposes. (c) The Board shall receive and hear appeals in cases involving the LDC. Page 574 of 719 Created: 2021-11-04 06:04:03 [EST] (Supp. No. 27) Page 2 of 18 (d) The Board shall receive and hear applications for special exceptions/uses and variances to the terms of the LDC, and grant relief where authorized under the LDC. The Board shall also hear, determine, and decide appeals, reviewable interpretations, applications or determinations made by an administrative official in the enforcement of the LDC. (e) The Board shall have any other powers or duties delegated by the City Council. Sec. 2-63. QuorumMembership, Vacancy, Compensation. Four members of the planning board shall constitute a quorum for the transaction of business; provided, however, that no action shall be taken which is binding upon the planning board unless concurred in by not less than a majority of all members comprising the planning board. (a) Membership. The Board shall consist of five core members. All members shall be residents of the City and will be appointed by a majority vote of the City Council. The term of office for each member shall be three years, or until a successor is appointed. Terms of office shall commence on the first day of March of the year in which appointed. (b) Ex Officio Members. In addition to the five members, there may be two ex officio members. One may be selected by the Okaloosa County School Board and one may be selected by the Commander at Eglin Air Force Base. Each ex officio member may participate in all discussions of the Board in the same manner and to the same extent as the other members of the Board. The ex officio member may not vote. Each ex officio member may serve at the sole discretion of their represented agency. (c) Alternate Members. In addition to the five members, two alternate members may be appointed by a majority vote of the City Council to serve as alternates for the term of one year, or until a successor is appointed. Alternate members shall be residents of the City. Alternate members shall substitute for absent members on a rotating basis. When substituting for an absent member, an alternate member may vote and participate in all discussions of the Board in the same manner and to the same extent as the other members of the Board. Board members and alternate members shall be subject to any forfeiture of office provisions of the Crestview Code of Ordinances. Whenever a vacancy occurs on the Board, the City Council shall fill the vacancy for the remainder of the term as soon as practicable after the vacancy occurs. (d) Vacancies. If a vacancy occurs on the Board as the result of a resignation, death, or removal of a member, the senior alternate member shall temporarily fill such vacancy without action by the City Council, until the City Council appoints a successor regular member. In the event both alternates have served for the same continuous period of time then the alternate who is next scheduled to substitute for an absent regular member according to the rotation schedule shall temporarily fill the vacancy until the City Council appoints a successor. In the event that the alternate member dies, resigns, is removed, or becomes a member, the City Council shall promptly appoint a qualified person to the unexpired term of the alternate. (1) In the event a vacancy occurs on the Board; an alternate member may apply to be a regular member in the same manner as other applicants. In the event an alternate member is appointed as a regular member, then such appointment shall simultaneously terminate such person's position as an alternate member. In that event, the City Council may then appoint another person to fill the resulting alternate member vacancy. (e) Attendance. In the event any member should miss three meetings in a 12-month period without justification, they shall be considered as resigned from the board. In that event, the City Council may then appoint another person to fill the resulting vacancy. (1) Alternate members may be allowed to miss up to five meetings in a 12-month period without justification. (2) In the event of an absence of any member, the Chairman of the Board shall determine if Staff had any contact with the absent member providing the reason for the said absence. With that information the Chairman shall ask for a motion and to excuse or not excuse the absence. Formatted: Space After: 6 pt Formatted: Space After: 6 pt Formatted: Space After: 6 pt Page 575 of 719 (f) Compensation. Members of the Board shall receive no salary for their services but may receive such travel and other expenses while on official business for the City as are made available by the City Council for these purposes. Sec. 2-64. Organization, rules, staff and finances. Meetings, Quorum, Required Vote. (a) The planning board shall elect a chairman from among its members. (b) The term of the chairman of the planning board shall be one year with eligibility for reelection. (c) The planning board shall appoint a secretary, who may be an officer or employee of the municipality. (d) The planning board shall make its own rules of procedure and determine its time of meeting. (e) All meetings of the planning board at which official action is taken shall be open to the public and all records of the planning board shall be a public record. (f) The planning board may appoint such employees and staff as it may deem necessary for its work and may contract with the state planning agency, city planners and other consultants for such services as it may require. (g) The expenditures of the planning board, exclusive of gifts, shall be within the amounts appropriated for the purpose by the council. (a) Meetings. The Board shall schedule and hold at least one public hearing each month unless there is no business to transact. The Board shall also meet at the call of the chairperson and other times as may be determined by a majority of the Board. (b) Quorum (1) Three voting members of the Board shall constitute a quorum for the transaction of business. A smaller number may act only to adjourn meetings for lack of a quorum. (2) The affirmative vote of a simple majority of the quorum shall be required to pass any action of the Board. (3) A member who is present shall vote unless disqualified. (c) Officers. The Board shall annually elect a chairperson and a vice-chairperson from among its members. All officers shall be elected for one-year terms and shall be eligible for re-election. Sec. 2-65. Powers and duties. Staff, Attorney. From and after the time when the planning board shall have organized and selected its officers and shall have adopted its rules of procedure, then the planning board shall have all the powers, duties and responsibilities set forth in this division. (a) Staff. Community Development Services shall provide staff support as necessary to the planning functions of the Board, provide secretarial support for the Board in the execution of its duties, and record and transcribe in summary form, the minutes of all Board meetings. (b) Staff shall keep minutes of all meetings and records of all transactions and deliberations. Such minutes and records shall be filed in the appropriate offices of the City and shall be public records. (c) Attorney. The City Attorney shall serve as legal counsel to the Board. Formatted: Normal, Justified Formatted: Space After: 6 pt Formatted: Space After: 6 pt Formatted: Space After: 6 pt Page 576 of 719 Sec. 2-66. Designation as local planning agency; membership and duties of agency. Rules and Records. (a) The planning board as established by this division is designated as the local planning agency in compliance with the Local Government Comprehensive Planning and Land Development Regulation Act. (b) Membership of the local planning agency shall be as presently constituted and changed from time to time in accordance with the usual method of selecting a planning board. (c) Duties of the planning board (referred to in this section as the local planning agency) shall include but are not limited to the following functions: (1) The local planning agency shall prepare the comprehensive plan as required by state law. (2) The local planning agency shall recommend to the council adoption of the comprehensive plan or any element or portion thereof. (3) The local planning agency shall hold public hearings on the comprehensive plan after due public notice. (a) The Board shall adopt its own rules of procedure as deemed necessary; provided such rules shall not be contrary to the spirit and intent of the Land Development Code, to the policies of the City, or to the requirements of the State. (b) All meetings of the Board shall be open to the public. (c) The Board shall set up rules of procedure to monitor and oversee the effectiveness and status of the Comprehensive Plan in order to make any recommendations to the City Council for revisions to the Comprehensive Plan, consistent with the intent and purpose of the Land Development Code. Sec. 2-67. Final recommendation for adoption of comprehensive plan. The council may designate a person or body to prepare the comprehensive plan; however, the responsibility for final recommendations for adoption by the council shall be the responsibility of the local planning agency. Sec. 2-68. Zoning board. The planning board shall act as the zoning board for the city and shall have the duties and responsibilities and follow the procedures as set forth in section 102-37 of the Code. Sec. 2-69. Subdivision of land. The planning board shall prepare and recommend to the council for adoption rules and regulations governing the approval of maps and plats of the subdivision of land within the city in accordance with the requirement of F.S. ch. 177. Secs. 2-67 70—2-80. Reserved. Formatted: List 1 Formatted: Space After: 6 pt Formatted: List 1 Page 577 of 719 DIVISION 3. TECHNICAL ADVISORY BOARD Sec. 2-81. Created. A technical advisory board shall be established for the purpose of assisting in the preparation and implementation of the comprehensive plan or elements thereof. Sec. 2-82. Composition; appointment, term of members; quorum; filling of vacancies. (a) Membership of the technical advisory board shall consist of department heads or section chiefs from the following city departments: (1) City clerk. (2) Public services director. (3) Fire chief. (4) Administrative assistant. (5) Police chief. (6) Mayor. (7) An appointed member of council. (8) Code inspector. (b) Membership of the technical advisory board may increase in order to assure minority representation or to meet regional planning requirements. (c) A majority of the members of the technical advisory board present at any meeting shall constitute a quorum for the transaction of business. (d) Members of the technical advisory board shall be appointed by name by the council. (e) The terms of office of members of the technical advisory board shall be for five years, or until their successors are appointed and qualified. Members must be notified in writing of their appointment and must accept in writing, indicating their willingness to serve, within ten days after receipt thereof, or they shall automatically forfeit their appointment. (f) The council shall have the authority to revoke any appointment to the technical advisory board for reasonable cause. (g) Vacancies on the technical advisory board occurring prior to the expiration of the term of the member shall be filled by the council for the unexpired term. Sec. 2-83. Duties. Duties of the technical advisory board include, but are not limited to, the following functions: (1) Provide technical assistance to the local planning agency in the preparation of the comprehensive plan or elements thereof. (2) Provide technical assistance to the agency, committee, department or person designated to prepare the comprehensive plan or elements thereof. (3) Recommend to the local planning agency the adoption of the comprehensive plan or elements thereof. All such recommendations shall also be forwarded to the council. Page 578 of 719 (4) Establish rules of procedure which will be reviewed by the planning board and council prior to adoption. (5) Elect officers annually for the operation of the technical advisory board. (6) Require that all meetings be public and that all records be available to the public. (7) Monitor and oversee the effectiveness and status of a comprehensive plan and make recommendations to the local planning agency for changes or improvements to the plan. Secs. 2-84—2-95. Reserved. Secs. 2-81 – 2-95. Reserved. DIVISION 4. COMMUNITY REDEVELOPMENT AGENCY Sec. 2-96. Authority. The authority for enactment of this division is F.S. § 166.021; F.S. ch. 163, part III; and section 2 of the Charter. Sec. 2-97. Created. Under the provisions of F.S. § 163.356, there is hereby established the community redevelopment agency. Sec. 2-98. Membership of board of commissioners. The board of commissioners of the community redevelopment agency shall consist of the members of the city council and two additional commissioners appointed by the city council as provided for in Florida Statutes. Sec. 2-99. Chairman and vice-chairman. The president and vice president of the city council shall function as the chairman and vice-chairman of the community redevelopment agency. Sec. 2-100. Powers. The community redevelopment agency shall have all the powers and authority as set forth in general law. Sec. 2-101. Community redevelopment trust fund established. There is hereby established and created, in accordance with the provisions of general law, a community redevelopment trust fund, hereafter referred to as the "fund," for the Crestview Redevelopment Agency. Sec. 2-102. Allocation and appropriation of funds. The funds to be allocated to and deposited into the fund are hereby appropriated to the community redevelopment agency, hereafter referred to as the "agency," to finance community redevelopment projects within the city as authorized by general law and pursuant to a redevelopment plan approved and amended by Formatted: Section Page 579 of 719 resolution of the city council. The agency shall utilize the funds and revenues paid into and earned by the fund for all and every community redevelopment purpose delegated to it as contained in the plan or amendment thereto for redevelopment as provided by general law. Said funding accounts will be initiated by the city clerk but will be fully administered and managed by the agency's community redevelopment director in accordance with general law, the Community Redevelopment Act (F.S. § 163.330 et seq.) and this division, as any of those are amended from time to time. Sec. 2-103. Payments into fund. There shall be paid into the fund each year by all taxing authorities, as defined in general law, within the original community redevelopment area and expanded areas by amendment, the incremental increase in the income, proceeds, revenues and funds of taxing authority, as calculated in accordance with section 2-105 of this chapter and general law, based upon the tax base years set forth in section 2-104 of this chapter. Sec. 2-104. Tax rolls; frequency due. (a) The most recent tax roll used in connection with the taxation of such property identified in the original community redevelopment plan shall be the Tax Roll of 1995 of Okaloosa County, Florida, and all deposits into the fund shall begin with incremental increases from tax rolls resulting in ad valorem tax revenues due subsequent to November 1, 1995 for the tax year January 1, 1995 through December 31, 1995 and subsequent years. (b) Within the expanded areas only, the most recent tax roll used in connection with the taxation of such property shall be the Tax Roll of 1997 of Okaloosa County, Florida, and all deposits into the fund, within the expanded areas shall begin with incremental increases from tax rolls resulting in ad valorem tax revenues due subsequent to November 1, 1997 for the tax year January 1, 1998 through December 31, 1998 and subsequent years. Boundaries of the original community redevelopment area in Ord. No. 862, as originally passed shall remain in effect also. Sec. 2-105. Tax increment levied; method; amount. Within the expansion areas and original area, said tax increment shall be that amount equal to 95 percent of the difference between: (1) That amount of ad valorem taxes levied each year by each taxing authority, exclusive of any debt service millage, on taxable real property contained within the geographic boundaries of the community redevelopment area; and (2) That amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by or for each taxing authority, exclusive of debt service millage, upon the total of the assessed value of the taxable property in the community redevelopment area, as shown upon the assessment roll used in connection with the taxation of such property by all taxing authorities prior to the effective date of this article providing for the funding of trust fund. Sec. 2-106. Payment of funds; date due; interest. All taxing authorities as defined by general law, shall: (1) Upon the adoption of this article providing for funding of the community redevelopment trust fund as herein provided, each taxing authority shall, by January 1 of each year, appropriate to such fund for so long as any indebtedness pledging increment revenues to the payment thereof is outstanding (but not to exceed 30 years) a sum which is no less than the increment as defined and determined in section 2- 105 accruing to such taxing authority. No taxing authority is exempt from the provisions of this section. Page 580 of 719 (2) Any taxing authority which does not pay the increment to the trust fund by January 1 shall pay to the trust fund an amount equal to five percent of the amount of the increment and shall pay interest on the amount of the increment equal to one percent for each month the increment is outstanding. Sec. 2-107. Trust fund established; maintained. The fund account(s) shall be initiated and remain operational with oversight of the city clerk and held in a separate trust fund account(s) by the city for and on behalf of the community redevelopment agency. All fund accounts will be effectively administered, monitored and utilized by the agency, and disbursed and appropriated as provided by law, this division or resolution of the agency board of commissioners, through the agency's designated community redevelopment director in order to ensure funds are allocated expeditiously and without undue delay for their statutory purpose. General agency oversight will be with the city council as the agency governing body and any city designated department. Sec. 2-108. Tax increment computation; method. The tax increment shall be computed by using the assessed value of the taxable real property in the original community redevelopment area for the year 1995 as the base, and using the assessed value of the taxable real property in the expanded portions of the community redevelopment area for the year 1997 as the base year, and in subsequent years using the assessed value of real property in the community redevelopment and expanded areas for that year as the second factor in determining the amount of tax increment accruing in that year. Sec. 2-109. Accountability and management of funds. The agency accepts full responsibility for the receipt, custody, disbursement, accountability, management and proper application for all monies paid into the fund, subject to the provisions of section 2 -102 of this chapter. Sec. 2-110. Advisory committee(s). The city council may from time to time establish one or more advisory committees consisting of business owners, operators and others within the business community to assist and advise the community redevelopment agency as it administers tenets of the Crestview community redevelopment plan and any amendments thereto. Page 581 of 719 DIVISION 5. CODE ENFORCEMENT BOARDSPECIAL MAGISTRATE Sec. 2-111. Purpose. The purpose of this division is to create the position of special magistrate with authority to impose administrative fines and other noncriminal penalties to promote, protect, and improve the health, safety, morals, and welfare of the city and to provide an equitable, expeditious, effective and an inexpensive method of enforcing city codes and ordinances where a pending or repeated violation exists or continues to exist. This part of this chapter has been enacted pursuant to the authority of F.S. ch. 162, and other applicable law. Sec. 2-112. Definitions. The following terms shall have the meanings set forth in this division unless the context clearly indicates otherwise: City attorney means the legal counselor or advisor to the city as appointed from time to time by the city council, who shall be legal counsel to the code enforcement officer ("CEO") and shall advise the CEO accordingly concerning the officer's duties, powers, jurisdiction, and authority. The city attorney shall not advise the CEO and the special magistrate simultaneously. City council means the elected governing and legislative body of the city. City manager means the person appointed by the city council to direct the administrative and executive operations of the city. Code enforcement officer means any authorized agent or employee of the city whose duty it is to enforce codes and ordinances enacted by the city, and who has received appropriate training as determined by the city. This shall include, but not be limited to, code inspectors, including law enforcement officers, and municipal fire safety inspectors as defined in F.S. ch. 633. Designation of a code enforcement officer and appropriate training for such officer shall be determined by the city manager. Special magistrate means a special magistrate appointed under this chapter. Sec. 2-113. Creation and appointment of special magistrates; jurisdiction; powers. (a) Pursuant to F.S. ch. 162, there is hereby created the position of special magistrate. The city manager shall appoint at least one special magistrate to exercise the authority and powers set forth in this division. The city manager may appoint up to three special magistrates. Appointments shall be made based on experience or interest in code enforcement, and subject to the following requirements: (1) A special magistrate must be an attorney and a member in good standing with the Florida Bar; (2) A special magistrate shall possess knowledge and experience in local government law, judicial and administrative procedure, and rules of evidence; (3) A special magistrate shall not be a city employee; (4) A special magistrate shall serve a term of two years, and may be reappointed for succeeding terms; and The city manager may suspend or remove a special magistrate at any time, with or without cause, based on the needs of the city. (b) A special magistrate shall have jurisdiction to hear and decide cases in which violations are alleged of any provisions of the city Code, ordinances and state statutes authorizing hearings by special magistrates, except as specifically excluded herein. Page 582 of 719 (c) Special magistrates are vested with all powers provided in F.S. ch. 162 and with the following specific powers, which shall not be construed as a limitation on available powers: (1) Control proceedings before the special magistrate; (2) Impose sanctions necessary to maintain dignity of the proceedings and to stop any activity which impedes or obstructs the administration of justice; (3) Subpoena alleged violators and witnesses; (4) Subpoena evidence; (5) Administer and take testimony under oath; (6) Issue orders having the force of law commanding whatever steps are necessary to bring a violation into compliance; and (7) Make findings of fact based on the evidence in the record and state conclusions of law. A special magistrate may request to have independent legal counsel to advise him or her, concerning the duties, powers, jurisdiction, and authority of the office. The city manager, with consent of the city council, may appoint independent legal counsel to advise the special magistrate. Sec. 2-114. Enforcement procedure. (a) It shall be the duty of the code enforcement officer to initiate enforcement proceedings of the various codes. (b) Except as provided in subsections (c) and (d), if a violation of the codes is found, the code enforcement officer shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code enforcement officer shall notify a special magistrate and request a hearing. The special magistrate, through clerical staff provided by the city, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed to the violated as provided in F.S. § 162.12. At the option of the special magistrate, notice may additionally be served by publication or posting as provided in F.S. § 162.12. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code enforcement officer, the case may be presented to the special magistrate even if the violation has been corrected prior to the hearing, and the notice shall so state. (c) If a repeat violation is found, the code enforcement officer shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code enforcement officer, upon notifying the violator of a repeat violation, shall notify a special magistrate and request a hearing. The special magistrate, through clerical staff provided by the city, shall schedule a hearing and shall provide notice pursuant to F.S. § 162.12. The case may be presented to the special magistrate even if the repeat violation has been corrected prior to the hearing, and the notice shall so state. If the repeat violation has been corrected, the special magistrate retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay said costs as determined by the special magistrate. (d) If the code enforcement officer has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code enforcement officer shall make a reasonable effort to notify the violator and may immediately notify the special magistrate and request a hearing. (e) If the owner of property that is subject to an enforcement proceeding before an special magistrate or court transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall: (1) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee. Page 583 of 719 (2) Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor. (3) Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding. (4) File a notice with the code enforcement officer of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five days after the date of the transfer. A failure to make the disclosures described in subsections (1), (2), and (3) before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held. (f) In addition to the enforcement procedures set forth herein, the "Supplemental County or Municipal Code or Ordinance Enforcement Procedures" set forth in F.S. ch. 162, pt. II, and F.S. § 125.69, are hereby incorporated herein by reference. Sec. 2-115. Conduct of hearing. (a) Upon request of a code enforcement officer, or at such other times as may be necessary, the special magistrate may call a hearing. Minutes shall be kept by city clerical staff of all hearings conducted by a special magistrate, and all hearings and proceedings shall be open to the public. The city shall provide clerical and administrative personnel as may be reasonably required by a special magistrate for the proper performance of his or her duties. (b) Each case before a special magistrate shall be presented by the code enforcement officer or by a member of the administrative staff of the city. If the city prevails in prosecuting a case before the special magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the special magistrate and such costs may be included in the lien authorized under F.S. § 162.09(3). (c) A special magistrate shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The special magistrate shall take testimony from the code enforcement officer and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. (d) At the conclusion of the hearing, the special magistrate shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted to the special magistrate in this chapter. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed and, under the conditions specified in F.S. § 162.09(1), the cost of repairs may be included along with the fine if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records and the order is complied with by the date specified in the order, the special magistrate shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance. Sec. 2-116. Administrative fines and penalties; costs of repair; liens. (a) A special magistrate, upon notification by a code enforcement officer that an order of the special magistrate has not been complied with by the set time or upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the special magistrate for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the Page 584 of 719 code enforcement officer. In addition, if the violation is a violation described in F.S. § 162.06(4), the special magistrate shall notify the city manager, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. Making such repairs does not create a continuing obligation on the part of the city to make further repairs or to maintain the property and does not create any liability against the city for any damages to the property if such repairs were completed in good faith. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, a special magistrate finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in subsection (b)(1). (b) (1) A fine imposed pursuant to this section shall not exceed $250.00 per day for a first violation and shall not exceed $500.00 per day for a repeat violation, and, in addition, may include all costs of repairs pursuant to subsection (a). However, if a special magistrate finds the violation to be irreparable or irreversible in nature, he or she may impose a fine not to exceed $5,000.00 per violation. (2) In determining the amount of the fine, if any, the special magistrate shall consider the following factors: a. The gravity of the violation; b. Any actions taken by the violator to correct the violation; and c. Any previous violations committed by the violator. (3) A special magistrate may reduce a fine imposed pursuant to this section. (c) A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the city, which may execute a satisfaction or release of lien entered pursuant to this section. After three months from the filing of any such lien which remains unpaid, a special magistrate may authorize the city attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under § 4, article X of the state constitution. The money judgment provisions of this section shall not apply to real property or personal property which is covered under § 4(a), article X of the state constitution. (d) Actions for money judgments under this division may be pursued only on fines or penalties levied after October 1, 2000. (e) The special magistrate shall have jurisdiction to assess a reasonable administrative fee to recoup the actual costs of notice, preparation, and presentation of alleged violations. Sec. 2-117. Appeals. An aggrieved party may appeal a final administrative order of a special magistrate to the circuit court as provided in F.S. § 162.11. Sec. 2-118. Notices. All notices required by this part must be provided to the alleged violator using any method authorized by F.S. § 162.12. Page 585 of 719 Sec. 2-119. Reserved. DIVISION 6. DRUG NUISANCE ABATEMENT BOARD Sec. 2-120. Definitions. All general provisions, terms, phrases and expressions contained in this division shall be liberally construed in order that the true intent and meaning of the city council may be fully carried out. The provisions of this division shall also be liberally construed so as to effect its purposes. Terms used in this division, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of the state for the same terms. Board shall mean the drug nuisance abatement board of the city. City attorney shall mean the legal counselor for the city or his designee. Clerk shall mean the person who performs the clerical duties necessary to carry out the activities of the drug nuisance abatement board. City clerk. Code enforcement Planning and Development board shall mean the board to carry out tenets of this division. Operator shall mean tenant, lessee or person having control or possession of the premises. Public nuisance shall mean the same definition as defined in F.S. § 893.138. Staff attorney shall mean a legal counselor appointed by the city council to represent the interests of the city staff. Sec. 2-121. Drug nNuisance abatement board organization. (a) Created; membership. There is hereby created and established a drug nuisance abatement board to hear evidence relating to the existence of drug-related public nuisances on premises located in the city. The board shall consist of the seven five (57) members of the city code enforcementPlanning and Development board who shall serve as members of the drug nuisance abatement board herein created. (b) Quorum; compensation. The presence of four three or more members shall constitute a quorum. Members shall serve without compensation. Sec. 2-122. Operating procedures of the board. (a) Filing complaints; written notice to owner of premises. Any employee, officer or resident of the city may file a complaint with the board regarding the existence on premises located in the city of a public nuisance, as defined in section 2-120, after giving not less thatthan three (3) days’ written notice of such complaint to the owner of the place or premises complained of at his last known address. (b) Service of notice; hearing. The drug nuisance abatement board through its clerk, shall schedule a hearing, and written notice of such hearing shall be sent by certified mail or hand delivery if certified mail is unsuccessful, notice of the hearing may be by publication as provided in F.S. ch. 49. (c) Contents of notice. The aforesaid notice of hearing shall include: (1) A statement of the time, place and nature of the hearing; (2) A statement of the legal authority and jurisdiction under which the hearing is to be [held]; (3) A reference to the particular sections of the statutes and ordinance involved; (4) A short and plain statement summarizing the incidents complained of. Page 586 of 719 Sec. 2-123. Conduct of hearings. (a) The chairman of the board may call hearings of the board. Hearings may also be called by written notice signed by at least four three (3) members of the board. The board, at a hearing, may set a future hearing date. The board shall convene as the demand necessitates. The board shall adopt rules for the conduct of its hearings. Minutes shall be kept of all hearings and all hearings shall be open to the public. The city shall provide clerical and administrative personnel as may be reasonably required for the proper performance of the board's duties. (b) The city attorney shall serve as legal counsel to represent the drug nuisance abatement board. From time to time, an attorney may be employed to represent the city staff by preparing and presenting cases before the board. (c) All parties shall have an opportunity to present evidence and argument on all issues involved, to conduct cross-examination and submit rebuttal evidence, and to be represented by counsel. When appropriate, the general public may be given an opportunity to present oral or written communications. If the agency proposes to consider such material, then all parties shall be given an opportunity to cross-examination or challenge or rebut it. The board may consider any evidence, including evidence of the general reputation of the place or premises. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Orders of the board shall be based on competent and substantial evidence. (d) After considering all evidence, the board may declare the place or premises to be a public nuisance as defined in section 2-120 and may enter an order immediately prohibiting: (1) The maintaining of the nuisance; (2) The operating or maintaining of the place or premises; or (3) The conduct, operation, or maintenance of any business or activity on the premises which is conducive to such nuisance. All orders of the board shall be, by motion, approved by a majority of those members present and voting, except that at least four members of the board must vote in order for the action to be official. (e) An order entered under subsection (c) shall expire after one year or at such earlier time as stated in the order. The board shall retain jurisdiction to modify its order prior to the expiration of such orders. (f) The board or city may bring a complaint under F.S. § 60.05, seeking a permanent injunction against any public nuisance. Sec. 2-124. Appeals. An aggrieved party, including the city administration, may appeal a final administrative order of the nuisance abatement board to the circuit court of the first judicial circuit. Such appeal shall be limited to appellate review of the record created before the board. An appeal shall be filed within 30 days of the date of the written order appealed from. Sec. 2-125. Sue to enjoin. When any nuisance, as defined in F.S. § 823.05, exists, the city attorney or any citizen of the county may sue in the name of the state on his relation to enjoin the nuisance, the person or persons maintaining it, and the owner or agent of the building or ground on which the nuisance exists. Page 587 of 719 Sec. 2-126. Additional rights. This article does not restrict the right of any person to proceed under F.S. § 60.05, against any public nuisance. Sec. 2-127. Fines and assessment of costs and attorney fees. (a) In addition to having authority to enter the order provided in section 2-123, the drug nuisance abatement board shall also have the authority to enter an order following the hearing conducted as provided in section 2-123 providing for the following: (1) Fines not to exceed the limit as set in the comprehensive fee schedule per day against the owner of the property where a public nuisance is declared to exist so long as the public nuisance continues to exist. (2) Requiring the owner of the property on which the public nuisance is declared to exist to pay reasonable attorney fees and costs incurred by the board in investigations of and hearings on public nuisances. (3) Continuing the jurisdiction of the board over the property which has been declared a public nuisance for a period of one year. (4) Fines not to exceed the limit as set in the comprehensive fee schedule per day against the owner of the property where a recurring public nuisance is declared to exist so long as the public nuisance continues to exist. (b) A certified copy of any order imposing a fine or assessing costs and attorney fees may be recorded in the public records of the county, and upon such recording shall become a lien against the property described in the order upon which the public nuisance is declared to exist. (c) Any fines, costs and attorney fees assessed pursuant to the order shall be payable to the city, and the city shall be the proper party to foreclose the lien as provided in subparagraph (d) below if the fines, costs and attorney fees are not paid. (d) If the fines, costs and attorney fees assessed pursuant to the order are not paid in full the city shall have the right to foreclose the lien created by the order and in such foreclosure action shall be entitled to recover its costs and reasonable attorney fees. (e) No lien created pursuant to the provisions of this section shall be foreclosed on real property which is homestead property as defined in Section 4, Article X of the Constitution of the State of Florida. (f) The total fines imposed pursuant to this section shall not exceed the limit as set in the comprehensive fee schedule. Secs. 2-128—2-135. Reserved. Page 588 of 719 DIVISION 7. HISTORIC PRESERVATION Sec. 2-128. Established. There is hereby established a Crestview Historic Preservation Board (hereinafter referred to as the board) in order to carry forward the purposes of the National Historic Preservation Act, as amended in 1980 (Pub. Law 96 - 515); and such other purposes as may be created by ordinance or law. (Ord. No. 1067, § 2, 8-28-01) Sec. 2-129. Membership and organization. (a) Membership. (1) The board shall consist of 11 members and two alternates to serve on the board in the absence of board members. In any meeting, where the city determines that a board member will not be present for a meeting, the alternate will be called. Of the first members appointed, six shall be appointed for two years; and five shall be appointed for three years and two alternates for three years. Thereafter all appointments shall be for three years or until their successors are appointed. The city council shall appoint two members each and the two alternates while the mayor will appoint one member. Members of the board may or may not be a resident of the city during his or her entire term. Appointments to fill any vacancy of the Crestview Historic Preservation Board shall be for the remainder of the unexpired term of office, and shall be made by the city council or mayor within 60 days from the date of the vacancy. If any member fails to attend two of three successive meetings without cause and without prior approval of the chairperson, the board shall declare the member's office vacant, and the city council or mayor shall promptly fill such vacancy. The members shall serve in accordance with city ordinances and may be removed for cause. (2) Appointments shall be made on the basis of experience or interest in the subject matter jurisdiction of the board. Whenever possible, the membership shall include three persons who are educated or who practice in one of the disciplines of architecture, history, architectural history, planning, archeology or related disciplines. If the city council or mayor is unable to find persons within those fields who are eligible and willing to serve on the board, then it shall make a finding to that effect and appoint members from the general public with other special interests or expertise. (b) Organization. (1) The board shall annually elect a chairperson, and one or more vice chairpersons from among its members as provided in its rules. The officers shall have such duties of chairing the meetings and other responsibilities as are assigned to them by the rules of the board. The administrative services department shall provide staff and secretarial support. (2) The board may, from time to time, authorize the establishment of task forces to carry out specialized and detailed projects within the scope of its purposes; any task force may include persons who are not members of the board. (3) The city shall furnish the board with administrative support, including fiscal support, subject to budgetary approval by the city council, sufficient to undertake the requirements of a certified local government and carry out delegated responsibilities (Ord. No. 1067, § 2, 8-28-01; Ord. No. 1177, § 2, 5-9-05) Page 589 of 719 Sec. 2-130. Powers and duties. The board shall have the following powers and duties within the geographical boundaries of the city, which shall be complimentary to and carried out in accordance with, the responsibility of the state historic preservation officer as described in 36 C.F.R. 61.4(b), as may be amended from time to time: (1) To meet at regular intervals but not less than four times per year. (2) To direct, maintain and periodically update surveys and an inventory of historic buildings, areas, and archaeological sites in the city, which shall be compatible with the Florida Master Site File, and to plan for their preservation; copies of the final works products of such survey and inventory shall be forwarded to the state historic preservation office; (3) To identify potential landmarks and potential landmark sites and to make recommendations to the city council as to whether those potential landmarks, and landmark sites should be officially designated as landmark and landmark sites; (4) To recommend that the city council designate specified areas as historic districts and to identify which structures should be considered as contributing structures; (5) To maintain and periodically update a detailed inventory of the designated historic districts, landmarks, and landmark sites within the city and a detailed inventory of potential landmarks and landmark sites, which inventories shall be open to the public for review and provided to the state historic preservation officer whenever updated; (6) To develop specific guidelines for the alteration, construction, relocation or removal of, designated property; (7) To promulgate standards for architectural review which are consistent with standards for rehabilitation which have been or may be established from time to time by the United States Secretary of the Interior; (8) To review all requests for alteration, construction, demolition, relocation or removal of landmarks, landmark sites, and property in historic districts, and approve or deny applications for certificate of appropriateness for alteration, construction, demolition, relocation or removal of landmarks, landmark sites, and property in historic districts; (9) To work with and advise the federal and state governments and other departments or boards of city government; (10) To advise and assist property owners and other persons and groups including neighborhood organizations on physical and financial aspects of preservation, renovation, rehabilitation, and reuse and to advise and assist property owners in becoming eligible for federal and state tax incentives; (11) To cooperate with and enlist the assistance of persons, organizations, corporations, foundations, and public agencies in matters involving historic preservation, renovation, rehabilitation and reuse; (12) To initiate plans for the preservation and rehabilitation of individual historic buildings; (13) To undertake public information programs including the preparation of publications and the placing of historic markers; (14) To make recommendations to the city council concerning the acquisition of or acceptance of developmental rights, facade easements, the imposition of other restrictions and the negotiation of historical property contracts for the purposes of historic preservation; (15) To review buildings which are owned by the city and which are at least 50 years old and considered for surplus by the city to determine their historical or architectural significance prior to sale by the city and to make recommendations concerning the disposition of properties considered to have historical or architectural significance; Page 590 of 719 (16) To review proposed capital improvement projects of the city and its independent agencies, or their agents or contractors, costing in excess of $25,000.00 in a historic district or affecting a designated landmark or landmark site. Such review shall be made annually during the city council's normal budgetary process, and the board shall advise the council of any concerns or objections that it may have about such projects. Capital improvement projects for the maintenance of existing facilities are excepted from this requirement; (17) To conduct public hearings to consider historic preservation issues, the designation of landmarks, landmark sites, and historic districts, applications for certificate of appropriateness and nominations to the National Register of Historic Places; (18) To make such rules and regulations as it deems necessary for the administration of ordinances for which it is responsible; (19) To undertake any other action or activity necessary or appropriate to the implementation of its powers and duties or to the implementation of the purpose of this division and other provisions of the city code; (20) To seek and retain services and expertise on proposals or matters requiring evaluation by a professional of a discipline not represented on the board; (21) To appoint a representative from the board to attend pertinent informational or educational meetings, workshops and conferences; and (22) To participate in survey and planning activities of the city as related to the certified local government designation. (Ord. No. 1067, § 2, 8-28-01) Page 591 of 719 CITY OF CRESTVIEW Item # 8.12. Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Ordinance TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director DATE: 8/4/2022 SUBJECT: Ordinance 1893 - Chapter 18 - Businesses - Amendments BACKGROUND: The current Chapter 18 pertains to regulations for businesses. In many cases, it unnecessarily reiterates information already contained in State Statute, or lacks information necessary to regulate certain types of businesses. As staff has been working to streamline the BTR process, we have determined a number of changes to make the code more streamlined as well. DISCUSSION: Many of the changes included in this ordinance are to remove processes or provisions that are no longer utilized or necessary, and to also minimize repeating information from the state statute rather than just referencing the statute chapter itself. Article II of the Chapter was added to create supplemental standards for businesses. Supplemental standards for bingo games and unlicensed investigators already existed in the code. Mobile and stationary food dispensing vehicles were each removed from the Land Devlopment Code and added to Chapter 18, because their regulation and review is more efficient when implemented through the BTR process, and staff has already been regulating them though the BTR process. Standards were added to regulate solicitation as well as garage sales. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services FINANCIAL IMPACT This item will not result in any direct financial impact. RECOMMENDED ACTION Staff respectfully requests that the council move Ordinance 1893 to second reading for adoption. Attachments 1. Attachment 1 Page 592 of 719 ORDINANCE: 1893 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, AMENDING CHAPTER 18 – BUSINESSES - OF THE CITY OF CRESTVIEW CODE OF ORDINANCES; PROVIDING FOR AUTHORITY; PROVIDING FOR FILING OF THIS ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT OF OKALOOSA COUNTY; 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. WHEREAS, the City is authorized and empowered to adopt and enforce ordinances and codes, not inconsistent with state law that are necessary to regulate businesses and collect business taxes; and WHEREAS, the City has been determined that the current Chapter 18 – Businesses, should be improved to provide for the levying of business taxes in a way that is more concise, more consistent with current and best practices; and WHEREAS, the City has also been determined that it is beneficial to the general public to provide for various supplemental standards for specific types of businesses; BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA, AS FOLLOWS: CHAPTER 18 – BUSINESSES is hereby amended as attached to this ordinance (Attachment 1). SECTION 1 – AUTHORITY. The authority for enactment of this ordinance is Section 166.041, Florida Statutes and The City of Crestview Land Development Code. SECTION 2 – 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 3 – 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 4 – 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 5 – 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 6 – 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 7 – EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. Page 593 of 719 Passed and adopted on second reading by the City Council of Crestview, Florida on the ___ day of ________________, 2022. Approved by me this ______________________ day of ________________________, 2022. ______________________________________ J. B. Whitten Mayor ATTEST: _____________________________________ Maryanne Schrader City Clerk Page 594 of 719 Chapter 18 - BUSINESSES ARTICLE I. IN GENERAL Secs.18-1 – 18-25. – Reserved. ARTICLE II. OCCUPATIONAL LICENSES I. - BUSINESS TAX RECEIPTS Sec. 18-126. - Required Generally. The license business taxes as set forth in this article and categorized in the comprehensive fee schedule are hereby declared to be and are adopted as the schedule of licenses for the privilege of engaging in or managing any business, profession or occupation within the city. Such occupational license tax is levied on: those persons referenced in F.S. Ch. 205, with those persons as well as any other applicable person being subject to the terms, conditions and provisions of this article. (1) Any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any business within its jurisdiction. (2) Any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any profession or occupation within its jurisdiction. (3) Any person who does not qualify under the provisions of subsection (1) or subsection (2) and who transacts any business or engages in any occupation or profession in interstate commerce, if such license tax is not prohibited by section 8 of article I of the United States ConstitutionSec. 18-27. Term; transfer. All licenses issued under this article shall expire on September 30 of each year. No license shall be issued for more than one year. For each license obtained between October 1 and April 1, the full tax for one year shall be paid, except as otherwise provided in this article, and for each license obtained from April 1 to September 30, one- half the full tax for one year shall be paid, except as otherwise provided in this article. Sec. 18-2. - Dates due and delinquent; penalties. Regulations regarding the issuance of business tax receipts, due dates, delinquencies, and applicable penalties shall be the same as F.S. Ch. 205. Sec. 18-28. Sworn statement. (a) In all cases where the amount required to be paid for a license depends upon the amount of capital invested, or prior year's production, or value of goods or stocks, or property used in the business, it shall be the duty of the person applying for such license to render to the city clerk a sworn statement of the amount of such capital, or value of such stock, goods or other property, and such other proof, including insurance carried. As a condition for the issuance of any such license, the applicant shall be bound to submit for inspection and estimation by the city clerk, either before or after the license is issued, inventories last taken, or stock books, to show the amount of capital invested, or the value of the stock of goods, wares or merchandise or other property carried or used in such business. (b) The city clerk may refuse to issue the license until such time as such statement is filed and such inspection and examination is permitted. (c) It shall be unlawful for any licensee to refuse to allow such inspection and examination by the city clerk. Formatted: Different first page header Formatted: Left Formatted: Different first page header Formatted: Indent: Left: 0", First line: 0" Page 595 of 719 Sec. 18-329. – Location. Any person desiring to engage in any exhibition, trade, business, vocation, occupation, or profession for which a license business tax receipt is required shall designate in the application for license such business tax receipt the place where the exhibition, trade, business, vocation, occupation, calling or profession iswill be located. A separate license business tax receipt shall be required for each place at which any exhibition, trade, business, vocation, occupation, callingcalling, or profession is carried on. Sec. 18-30. Separate licenses for each classification. Any person dealing in more than one of the items or carrying on or engaging in more than one of the exhibitions, trades, businesses, vocations, occupations, callings or professions enumerated in this article and for each of which a license is required, shall be required to take out and pay for a separate license for each such exhibition, trade, business, vocation, occupation, calling or profession engaged in or carried on by such person. Sec. 18-431. – Posting. It is hereby made the duty of aAny person exercising the privilege or conducting a business, exhibition, trade, vocation, occupation, calling, or profession for which a license business tax receipt is hereby required, toshall post his the license receipt in a conspicuous place in or about his the place of business where it may be seen upon inspection by any official of the city. Sec. 18-32. Separate licenses required for each business; duration of license. (a) Whenever an occupational license is levied against any profession, trade, shop or business classified in this article, such occupational tax shall be required to be paid to carry on such business, whether it be connected or operated in conjunction with any other business or not, unless the contrary intention appears. (b) The occupational licenses levied against any trade, shop or business described in this article shall be paid by each person engaged in such trade, running or operating such shop or business, unless the contrary shall appear. (c) The occupational licenses levied against the various professions, exhibitions, trades, businesses, vocations, callings or occupations described in this article shall be for a yearly privilege unless the contrary shall appear. Sec. 18-33. Merchants. Any person engaged in selling goods, wares and merchandise which is specially classified shall pay the specially classified occupational license tax and not the merchants occupational license tax; but any business not specially licensed and engaged in such business shall pay the merchan occupational license tax. Sec. 18-534. - Public utilities. The tax imposed by this article on express companies, railroad companies, telephone companies, telegraph companies and other companies engaged in interstate commerce is imposed upon the business actually done by such companies within the city and to and from points within the state and is not imposed upon any business done for the United States government or upon interstate business. Sec. 18-35. Penalty for delinquent payment. (a) Those licenses not renewed by October 1 shall be considered delinquent and subject to a delinquency penalty of ten percent for the month of October, plus an additional five percent penalty for each month of delinquency thereafter until paid. However, the total delinquency penalty shall not exceed 25 percent of the occupational license fee for the delinquent establishment. Page 596 of 719 (b) Any person engaging in or managing any business, occupation or profession without first obtaining a local occupational license, if required under this article, shall be subject to a penalty of 25 percent of the license determined to be due, in addition to any other penalty provided by law or ordinance. (c) Any person who engages in any business, occupation, or profession covered by this chapter of the code, who does not pay the occupational license tax within 150 days after the initial notice of tax due, and who does not obtain the required occupational license is subject to criminal actions and penalties, including court costs, reasonable attorney's fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to the amount set in the comprehensive fee schedule. (d) The penalties imposed by this section shall be collected in addition to the amount of the license tax, and the payment of such penalty shall not be pleaded in bar in any proceedings charging the offense of doing business without a license under this article. Sec. 18-636. - Rebate of fees. No portion of any occupational license business tax assessed in this article shall be rebated unless it clearly appears that such license tax was collected by mistake or error. Before making such rebate to a licensee, all accounts payable under a proper license business shall be paid by such licenseebusiness. Sec. 18-737. - Disposition of funds. All revenue derived from license business taxes imposed by this article shall be paid into the general fund of the city. Sec. 18-38. Exemption allowed disabled persons, the aged, and widows with minor dependents. (a) All disabled persons physically incapable of manual labor, widows with minor dependents, and persons 65 years of age or older, with not more than one employee or helper, and who use their own capital only, not in excess of $1,000.00, shall be allowed to engage in any business or occupation in counties in which they live without being required to pay for a license. (b) The exemption provided by this section shall be allowed only upon the certificate of the county physician, or other reputable physician, that the applicant claiming the exemption is disabled, the nature and extent of the disability being specified therein, and in case the exemption is claimed by a widow with minor dependents, or a person over 65 years of age, proof of the right to the exemption shall be made. Any person entitled to the exemption provided by this section shall, upon application and furnishing of the necessary proof as aforesaid, be issued a license which shall have plainly stamped or written across the face thereof the fact that it is issued under this section, and the reason for the exemption shall be written thereon. (c) In no event under this or any other law shall any person, veteran or otherwise, be allowed any exemption whatsoever from the payment of any amount required by law for the issuance of a license to sell intoxicating liquors, malt and vinous beverages. Sec. 18-8. - Exemptions. All persons, organizations, or entities specified as exempt in F.S. Ch. 205, are hereby exempt from the provisions of this chapter to the extent provided in F.S. Ch. 205. Sec. 18-39. Appointment of license inspector; duties. (a) It is hereby made the duty of the city clerk to appoint a license inspector of the city. (b) The license inspector shall have the authority to investigate all businesses, occupations and professions in the city, and to make such inquiry as shall be necessary to determine whether or not a license has been Formatted: Space Before: 0 pt Page 597 of 719 procured for such business, occupation or profession, and shall report to the city clerk the names of all persons engaged in business without a license. Sec. 18-40. Circuses, carnivals and outdoor shows—Information to be filed prior to issuance of license. Any applicant applying for an occupational license for the holding of a circus, carnival, show or outdoor exhibition in the city shall at the time of securing such license be required to file with the city license inspector or the city clerk the following: (1) An affidavit that permission has been secured from the owner of the land upon which the circus, carnival or show is intended to be held. (2) A bond, collateral agreement or other security conditioned to clean the premises of all rubbish and debris after use by such applicant. (3) A written statement from the building inspector that the site upon which the circus, carnival, outdoor show or other public gathering or exhibition is intended to be held is not within an area prohibited for such use. (4) A written statement of the fire department that the tents or temporary buildings or structures under which the operations are to be held are of fireproof material and will not constitute a fire hazard. Sec. 18-41. Same—Payment of tax prior to erection of tents. (a) No circus, carnival, show or public exhibition shall be permitted to begin erecting its tents, booths or other installations in a permitted area in the city without the payment of the full amount of the occupational license tax as prescribed in this article unless authorization for such circus, carnival, show or exhibition is specifically given by the council. (b) The occupational license tax as required shall be paid in full before any equipment is brought upon the location where such circus, carnival, show, etc., intends to operate. Sec. 18-42. Same—Parades. A parade through the streets of the city in connection with any circus, carnival, show or other outdoor amusement shall not be permitted unless permission is secured from the mayor in writing prior to the beginning of such parade and until the occupational license tax for staging the parade as provided in this article has been paid. Sec. 18-43. Private detectives—Prerequisites for issuing license. Before any occupational license for a private detective may be issued, the applicant must first present to the city clerk a certificate from the police department of the city showing that the applicant has been fingerprinted and that he has no past record of a felony conviction. Sec. 18-45. Clairvoyance, fortunetelling, etc. Any person applying for a license to practice clairvoyance, fortunetelling, mind reading, faith healing, divine healing, astrology or phrenology, and mediums, must present to the city clerk a sworn application which will include the type of license applied for, fee as prescribed in this article for such license, term of residency in the city, prior residency, certification as to character of applicant, and fees to be charged by applicant. Sec. 18-46. Investigation of applications. (a) All applications for occupational licenses within the meaning of sections 18-43, 18-44 and 18-45 shall be submitted to the police department for investigation for a report as to the truth of the statements contained in the application. Page 598 of 719 (b) The police department shall institute an investigation as to the statements contained in the application and report to the city clerk the result thereof along with the recommendations of the chief of police as to the granting or refusal of the license applied for. Sec. 18-47. Reserved. Editor's note(s)—Ord. No. 1781 , § 2, adopted August 10, 2020, repealed § 18-47, which pertained to trade, gift or merchandise stamps and derived from the Code of 1983, § 10-21. Sec. 18-48. General contractor held responsible for subcontractor license. A general contractor who operates as prime contractor on any project within the city shall be held responsible to assure that any subcontractor who performs a subcontract under his general contract has in his possession a valid occupational license issued by the city for the performance of such subcontracting. Sec. 18-49. - Trucks and vehicles—Selling merchandise; license and registration required. (a) Operators of trucks or moving vehicles from which vegetables and farm and grove products, not raised and produced by the owner of the truck, are offered for sale at wholesale in the city shall be required to pay an occupational license tax as set in the comprehensive fee schedule, unless otherwise specified, and to register each truck with the police department before receiving free of charge an identification sticker to be attached to such truck or moving vehicle. (b) Operators of trucks or moving vehicles from which goods, wares and merchandise (except vegetables or farm and grove products) are offered for sale at wholesale in the city shall be required to pay an occupational license tax as set forth in this article and to register each truck with the police department before receiving free of charge an identifying sticker to be attached to such truck or moving vehicle. (c) Operators of trucks or moving vehicles rendering services for which a charge is made, such as sharpening knives, repairing, towel or linen service, etc., in the city, shall be required to pay an occupational license tax as set forth in this article and to register with the police department before receiving free of charge an identifying sticker to be attached to such truck or moving vehicle. Sec. 18-50. Same—Certain trucks to have growers' certificate. Operators of trucks and moving vehicles from which vegetables and farm and grove products, raised and produced by the owner of the truck, are offered for sale at wholesale or retail in the city shall be required to produce a growers' certificate of the state in which the farm or grove is located and register the description of the vehicle and the name and address of the owner with the police department, and upon doing so shall be entitled to secure free of charge an identifying sticker to be attached to such truck or moving vehicle. Sec. 18-51. Same—Certain trucks or vehicles to secure sanitation department approval. All trucks or moving vehicles selling dairy products, bakery products, meat products, farm or grove products, or any other items intended for human consumption shall be inspected and approved by the city sanitation officer prior to issuance of an identifying sticker by the police department. Such inspection by the sanitation officer shall be made thereafter as often as is required to protect the health and welfare of the residents of the city. Sec. 18-952. – Licenses subject to this article. No license shall be issued or granted to any applicant to engage in the business of selling or disposing of merchandise of any kind, at retail or wholesale, or the practice or pursuit of any profession or occupation in the city, except upon the terms and conditions and subject to the provisions of this article. Page 599 of 719 Sec. 18-53. Unclassified occupations. Every business, occupation, profession or exhibition, substantial, fixed or temporary, engaged in by any person, whether in a building, tent, or upon the street, vacant lot or anywhere in the open air, within the city and not specifically designated in this article, shall pay a license fee as set in the comprehensive fee schedule. Sec. 18-954. - Penalty for violation of article. (a) Any person or the members of any , firm or corporation who shall carry on or conducts or manage any business or profession, or who shall keep and use upon the streets of the city any vehicle for which a license business tax receipt is required, without first having obtained a license business tax receipt, or otherwise violate this article (except as provided in this article), shall be subject, upon conviction, to the penalties provided by section 1-11; and each day's violation shall be considered a separate offense. Subject to administrative fines, penalties, and applicable procedures provided by Chapter 2, Article III., Division 5 of this Code of Ordinances. (b) The conviction and punishment poenalty imposed onof any person for transacting any business without a license valid business tax receipt shall not excuse or exempt such person from the payment of any license business tax due or unpaid at the time of such conviction penalty is imposed. Sec. 18-55. Enforcement. This article shall be enforced as is provided for in this article. The administration of this article shall be the responsibility of the city clerk. Sec. 18-56. License tax schedule. Each person, firm, company, association, partnership, agency or corporation wherever located, engaging in or carrying on or doing any act or thing specified in this article, in or from the city shall pay to the city, unless otherwise specified, an annual license therefor which schedule is adopted by reference shall be kept on file in the office of the city clerk. ARTICLE II. – SUPPLEMENTAL REQUIREMENTS FOR SPECIFIC BUSINESSES Sec. 18-10. - Trucks and vehicles—Selling merchandise; license and registration required.. (a) Operators of trucks or moving vehicles from which vegetables and farm and grove products, not raised and produced by the owner of the truck, are offered for sale at wholesale in the city shall be required to pay a business tax as set in the comprehensive fee schedule, unless otherwise specified, and to register each truck with the police department before receiving free of charge an identification sticker to be attached to such truck or moving vehicle. (b) Operators of trucks or moving vehicles from which goods, wares and merchandise (except vegetables or farm and grove products) are offered for sale at wholesale in the city shall be required to pay a business tax as set forth in this article and to register each truck with the police department before receiving free of charge an identifying sticker to be attached to such truck or moving vehicle. (c) Operators of trucks or moving vehicles rendering services for which a charge is made, such as sharpening knives, repairing, towel or linen service, etc., in the city, shall be required to pay a business tax as set forth in this article and to register with the police department before receiving free of charge an identifying sticker to be attached to such truck or moving vehicle. Formatted: Block 1 Formatted: Heading 2 Formatted: Block 1 Center, Indent: Left: 0", Hanging: 0.33" Page 600 of 719 Sec. 18-1157. - Conduct of bBingo games. (a) Definitions. For purposes of this section, words shall be defined as provided in F.S. 849.093(1) et seq., as from time to time amended. (b) Permit required. It shall be unlawful for any charitable, nonprofit or veterans' organization to conduct any bingo game without first obtaining a permit therefore in accordance with this section. No charitable, nonprofit or veterans' organization shall conduct any bingo game at any location other than the premises described in the permit. No permit shall be required for a condominium association, mobile home owners' association, or group of residents of a mobile home park, as defined in F.S. ch. 723, to conduct bingo games pursuant to the provisions of F.S. § 849.093(1), provided that no rent is paid for the premises where the game is played. (c) Application fee, accompanying documents and information. Application for permit required by this section shall be made to the office of city clerk along with the fee as established by ordinance or resolution and shall include the following information and documentation: (1) The name, address and employer identification number of the organization(s); (2) A current list of the officers and directors of the organization(s) and their addresses; (3) A copy of the exemption letter issued under the provisions of Section 501(c) of the Internal Revenue Code of 1954 or Section 528 of the Internal Revenue Code of 1986 as amended; (4) A certification of the period or periods during which the organization(s) has been in existence and active, commencing three calendar years prior to the application filing date; (5) The names, addresses, and dates of membership of all members of the organization who will be involved in the conduct of any bingo game and a certification that each of them is a bona fide member who is a resident of the community where the organization is located; (6) The street address and property description of the premises where any bingo game will be conducted by the organization(s); (7) Copies of all leases and subleases in effect relating to the property where the organization(s) will conduct any bingo game; (8) The certification of the owner of the property and every lessee and sub-lessee that there are not leases in effect other than those submitted with the application and that the rental rate charged for the premises does not exceed the rental rates charged for similar premises in the same locale; and (9) Certification by the organization(s) that it will comply with all provisions of F.S. § 849.093(1) et seq., this section, and the permit issued pursuant to this section. (d) Issuance of permit. Within seven days of submission of a completed application providing all information and documents and the fee required by this section have been met, the city shall issue the permit allowing the charitable, nonprofit or veterans' organization to conduct bingo games at the premises listed in the permit subject to the provisions of federal, state and local laws, ordinances and regulations. Each permit issued shall expire on September 30 following the month of purchase. (e) Revocation of permit. Violation of any of the provisions of F.S. § 849.093(1) et seq., the City Code, or the permit issued pursuant to this section shall constitute grounds for revocation of that permit. (f) Right of entry. Representatives of the law enforcement, code and fire inspector and any other official having official business pertaining to the enforcement of this section shall, upon identification of this person, be admitted to the premises without charge to conduct inspections. Page 601 of 719 Sec. 18-58. C and D landfills Any person who obtains a state department of environmental protection construction and demolition (C and D) landfill permit to operate and assess fees for authorized disposal within the city shall obtain an occupational license annually from the office of the city clerk. The type of license shall be an unclassified license (see section 18- 53) and as a precedent to issuance of the license must provide the city clerk, or designee, a copy of the Florida DEP C and D landfill permit, the board of adjustment order confirming approval of a special exception allowing the land to be used for a C and D landfill and a copy of the C and D permit issued by the administrative services department of the city. License renewals require authorization of the same administrative steps enumerated in this section. Sec. 18-12. – Unlicensed Investigators. All private detectives or criminal investigators not licensed by the city are required to register with the police department before conducting any operation within the corporate limits of the city.. Sec. 18-13. – Mobile Food Dispensing Vehicles. (a) For the purposes of this section, a mobile food dispensing vehicle (MFDV) is defined as any vehicle that is a public food service establishment and that is self-propelled or otherwise movable from place to place and includes self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal. (b) The owner or operator of an MFDV shall obtain any applicable State or County licenses, permits, or registrations, with such licenses, permits or registrations being provided with application for business tax receipt, and displayed in plain view on or in the vehicle. (c) The owner or operator of an MFDV shall obtain a city business tax receipt, with such receipt being displayed in plain view on or in the vehicle. (d) The owner or operator of an MFDV shall obtain written permission from any property owner where operation occurs. Such written permission must be kept in the vehicle for inspection, if necessary. (e) In any case, MFDVs shall not: (1) Operate on any public property, unless in accordance with a permitted special event. (2) Operate on any private property that is not zoned for commercial use. (3) Operate on any private property that is vacant, unimproved, or undeveloped. (4) Operate on any property where code uncorrected violations exist. (5) Connect to any external utilities. (6) Operate between 10 p.m. and 7 a.m. unless in accordance with a permitted special event. (7) Dispense alcohol, unless in accordance with a permitted special event. (8) Dispense food to customers in a moving vehicle or engage in drive-up sales. (9) Create or cause nuisance factors, including, but not limited to: (i) flashing or animated lights or visual glare (ii) amplified music or sound, or other loud noises (iii) excessive fumes, smoke, or other environmental hazards (iv) vehicular or pedestrian hazards (10) Discharge or unload from the vehicle any waste substances such as fat, oil, or grease. All such substances shall be taken from the vehicle when it leaves the subject property. Page 602 of 719 (11) Violate any ordinances pertaining to solid waste disposal. (12) Park within any vehicular or pedestrian travel way. (13) Encumber parking spaces on a site required for the principal use. (14) Obstruct any fire lanes, fire hydrants, drainage systems or landscape buffers. (15) Obstruct visibility from any adjacent driveways or street intersections. (16) Include external dining areas unless in accordance with a permitted special event. (17) Be allowed any signage except that which is permanently affixed to the vehicle. Sec. 18-14. – Stationary Food Dispensing Vehicles. (a) For the purposes of this section, a stationary food dispensing vehicle (SFDV) is defined as any vehicle that is a public food service establishment that may be self-propelled or otherwise movable from place to place and that connects to external utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal. (b) The owner or operator of an SFDV shall obtain any applicable State or County licenses, permits, or registrations, with such licenses, permits or registrations being provided with application for business tax receipt, and displayed in plain view on or in the vehicle. (c) The owner or operator of an SFDV shall obtain a city business tax receipt, with such receipt being displayed in plain view on or in the vehicle. (d) The owner or operator of an SFDV shall obtain written permission from the property owner where operation will occur, such written permission being provided with application for business tax receipt. (e) The owner or operator of an SFDV shall provide a site plan along with application for business tax receipt. Site plan will be reviewed for compliance with the City of Crestview Land Development Code, City of Crestview Engineering Standards Manual, Florida Building Code and any life-safety codes, as applicable. Site plan must include, at a minimum, the following information: (1) The location of all existing and proposed structures on site. (2) Dimensions from proposed SFDV to adjacent property lines. (3) Locations of any included accessory structures or facilities, including, but not limited to, portable toilets, tables, tents, temporary power poles, etc. (4) Proposed utility connections. (5) Means of ingress, egress, and traffic flow for vehicular and pedestrian traffic. (6) Any additional information necessary to portray the property and proposed use. (f) In any case, SFDVs shall not: (1) Operate on any public property, unless in accordance with a permitted special event. (2) Operate on any private property that is not zoned for commercial use. (3) Operate on any private property that is vacant, unimproved, or undeveloped. (4) Operate on any property where uncorrected code violations exist. (5) Operate between 10 p.m. and 7 a.m. unless in accordance with a permitted special event. (6) Dispense alcohol, unless in accordance with a permitted special event. (7) Create or cause nuisance factors, including, but not limited to: (i) flashing or animated lights or visual glare Formatted: List 2 Formatted: List 2 Page 603 of 719 (ii) amplified music or sound, or other loud noises (iii) excessive fumes, smoke, or other environmental hazards (iv) vehicular or pedestrian hazards (8) Discharge or unload from the vehicle any waste substances such as fat, oil, or grease. All such substances shall be taken from the vehicle when it leaves the subject property. (9) Violate any ordinances regarding solid waste disposal. (10) Park within any vehicular or pedestrian travel way. (11) Encumber parking spaces on a site required for the principal use. (12) Obstruct any fire lanes, fire hydrants, drainage systems or landscape buffers. (13) Obstruct visibility from any adjacent driveways or street intersections. (14) Include external dining areas unless in accordance with a permitted special event. (15) Be allowed any signage except that which is permanently affixed to the vehicle. Sec. 18-15. – Temporary Vendors. (a) For the purposes of this section, a temporary vendor is defined as any person, business or other entity that conducts temporary retail sales or displays and that are not a MFDV or SFDV and are not otherwise exempt by Florida Statutes. (b) Only temporary vendors who maintain a local branch or office within the City of Crestview are required to obtain a city business tax receipt. (c) Temporary vendors shall be held to the applicable rules, regulations, and permitting requirements within the City of Crestview Land Development Code, City of Crestview Engineering Standards Manual, Florida Building Code, and any life-safety codes, as applicable. Sec. 18-16. – Solicitors. (a) For the purposes of this section, a solicitor is defined as any person who “asks for” or “tries to obtain” money, information or help by approaching someone or someone’s home, place of business, or the like, for monetary gain, sales, or donation. (b) Any solicitors operating within the City of Crestview must obtain any applicable State or County licenses, permits, or registrations. (c) Solicitors who maintain a local branch or office within the City of Crestview shall obtain a city business tax receipt. (d) Restrictions on solicitors and solicitation: (1) Solicitors shall only operate on weekdays between 9:00 a.m. and official sunset as established by the US Naval Observatory, or 7:00 p.m., whichever is earlier. (2) Soliciting shall be prohibited on Saturdays and Sundays, New Year’s Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, Christmas Eve, and Christmas Day. (3) When soliciting in residential areas, solicitors shall use only the front door to the dwelling and shall n ot solicit at any other location. (4) Soliciting shall be prohibited on public property and the private property of any private lot, individual apartment unit or commercial establishment that displays a “no soliciting” sign anywhere on the private property. Formatted: List 1 Page 604 of 719 (5) “No soliciting” signs placed at the entrance to a platted subdivision or apartment complex by the property owner or respective Homeowner’s Association shall prohibit solicitation within the platted subdivision or apartment complex. Sec. 18-178. – Garage Sales. (a) For the purposes of this section, garage sales shall be defined as any public display or offer for sale or free to the public, one or more items of personal property by persons residing on the premises upon which the sale is being conducted. The term “garage sales” includes sales commonly referred to as patio sales, driveway sales, yard sales, porch sales, and other such sales. (b) Conduct of garage sales, as defined in this section, does not require a business tax receipt. (b) Restrictions on garage sales: (1) Garage sales shall take place on a temporary basis of no more than three consecutive days per sale, except that garage sales may take place for four consecutive days if one of the four days is a federal holiday. (2) Garage sales shall only operate between official sunrise and sunset as established by the US Naval Observatory. Secs. 18-59—18-75. Reserved. ARTICLE III. CANNABIS RELATED ACTIVITIES1 Sec. 18-76. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Derivative product means any form of cannabis suitable for administration to or consumption or use by a qualified patient, eligible patient, or any other similarly situated individual. Dispensing facility means any facility, whether in a fixed location or mobile, where derivative product, low- THC cannabis or medical cannabis is dispensed. Low-THC cannabis means a plant of the genus cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more than ten percent of cannabidiol weight for weight; the seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seed or resin. Medical cannabis means all parts of any plant of the genus cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. Medical cannabis activities means, without limitation, the growing, cultivation, processing, manufacturing, dispensing, distribution, and wholesale and retail sale of medical cannabis, low-THC cannabis, and derivative products, or any subset of such activities, or any related activities. Formatted: Indent: Left: 0.33", Hanging: 0.33" Page 605 of 719 Sec. 18-77. Medical marijuana treatment center dispensing facilities. Excerpt: (F.S. § 381.986(11)(b)1, a county or municipality may, by ordinance, ban medical marijuana treatment center dispensing facilities from being located within the boundaries of that county or municipality. A county or municipality that does not ban dispensing facilities under this subparagraph may not place specifi c limits, by ordinance, on the number of dispensing facilities that may locate within that county or municipality.) The city hereby imposes a ban prohibiting the operation of a medical marijuana treatment center dispensing facility within the corporate limits of the City of Crestview, as allowed in F.S. § 381.986(11)(b)1, Florida Statutes (2017). Effective date: December 1, 2017. Sec. 18-78. Study and recommendations. During the ban described in section 18-77, city staff is hereby directed to monitor the Florida Legislature's statutory regulations concerning medical marijuana treatment center dispensing facilities and formulate periodic reports to the city council. Staff shall review updates in medical cannabis regulations and clinical developments and their impact on the health, safety, and welfare of residents and businesses located within the city. Staff shall compile any other relevant regulations and recommendations and include in the periodic reports to the city council. Sec. 18-79. Penalties. Any person or entity who violates any provision of this article, or who fails to comply therewith, shall be subject to the penalties as prescribed in chapter 1, section 1-11 of the City's Code of Ordinances, and shall be subject to criminal penalties for violating F.S. ch. 893. Secs. 18-80—18-99. Reserved. ARTICLE IV. REMOTE MOTOR VEHICLE SALES Sec. 18-100. Short title. This article shall be known and may be cited as the "Remote Motor Vehicle Sale Regulatory Ordinance of the City of Crestview, Florida" and shall be applicable within the incorporated area of the City of Crestview. Sec. 18-101. Scope. This article is not intended to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws, ordinances, or codes. Where this article imposes restriction upon any persons, premises or personal property greater than that imposed or required by other laws or ordinances, the provisions of this article shall control. Sec. 18-102. Definitions. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory: Licensed dealership means a premise which the primary endeavor is the sale of new or used motor vehicles. Motor vehicle means a new or used automobile or truck. Page 606 of 719 Permanent motor vehicle sales business means a business which operates out of a structure and has paid the local business tax authorized under Florida Statutes, for that location. Person means and includes natural persons, partnerships, joint ventures, trusts or corporations, or any officers, agents, employees of any kind or personal representatives of any thereof, in any capacity, acting either for himself, or for any other person. Premises means and includes all lands, structures, places, and also any equipment and appurtenances connected to or used therewith in any business, or as is otherwise used in connection with any business conducted on such premises. Sec. 18-103. Prohibited actions. It shall be unlawful for any person, either directly or indirectly, to conduct a sale of a motor vehicle, regardless of whether it is new or used, at a site which is not the location of the permanent motor vehicle sale business, unless it is conducted by a licensed dealership with a permanent sales location within the jurisdictional boundaries of the City of Crestview. This prohibition shall not apply to the sale of a motor vehicle by a person at a location other than the individual's residence for which the motor vehicle is individually titled to that person (not including titled as part of a dealership or commercial business) provided no person shall sell more than three such motor vehicles per year. Sec. 18-104. Penalties for violations. A violation of the provisions this article may be enforced by the code compliance division of the City of Crestview. Page 607 of 719 CITY OF CRESTVIEW Item # 9.1. Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Resolution TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Tim Bolduc, City Manager DATE: 8/2/2022 SUBJECT: 2022-2023 CDBG Annual Action Plan BACKGROUND: The City of Crestview receives funding from the U.S. Department of Housing and Urban Development (HUD) through the Community Development Block Grant (CDBG) program. The City is considered an "entitlement community" with a prescribed formula for funding developed by HUD using select City demographic information and has developed the first Five Year CDBG Consolidated Plan. CDBG projects must met HUD national objectives and be designed to benefit low- and moderate-income (LMI) persons or aid in the prevention or elimination of slum and blight. DISCUSSION: Staff works closely each year with the Citizen's Advisory Committee (CAC) and the public to develop Annual Action Plans that are consistent with the needs of the community and the mission of HUD. A CAC meeting was held on July 21, 2022. Staff accepted applications from the public for potential projects to be funded with the FY 2022-23 CDBG allocation. After public meetings and CAC review of the applications, the following projects were recommended for approval by the CAC: 1. Planning and Administration - Under this program, funding will be used to support staff's planning and administering the CDBG program. 2. Crestview Resource Center - Under this program, funding will be used to support the repurposing of the former First Church of God in Christ building into a community resource center. 3. City of Crestview Community Revitalization - Under this program, funds will be used to assist in the elimination of blight and deterioration of properties through land acquisition, residential rehabilitation, demolition and clearing, affordable housing rehabilitation and other activities that promote sustainability and/or redevelopment in LMI target areas. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Communication- To engage, inform and educate public and staff Page 608 of 719 Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Opportunity- Promote an environment that encourages economic and educational opportunity FINANCIAL IMPACT The CDBG Grant has spending minimums and maximums for specific funding areas. Planning and Administration has a 20% funding cap; Public Service has a 15% funding cap; and programs benefiting LMI income people have a 70% minimum funding requirement. Three Annual Action Plan request applications, totaling the full grant amount of $157,584.00, were recommended to the CAC for approval by staff: 1. Planning and Administration: $31,516.80 2. Crestview Resource Center: $60,000.00 3. City of Crestview Community Rehabilitation: $66,067.20 The CAC has recommended approval of these funding amounts to the City Council. RECOMMENDED ACTION Staff respectfully requests that the council adopts Resolution 2022-19 to approve the FY 2022-23 CDBG Annual Action Plan as recommended by staff and the CAC. Attachments 1. 2022-23 CDBG Annual Action Plan Draft 2. 2022-23 Summary of Staff's Funding Recommendations Page 609 of 719 RESOLUTION: 2022- 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA, ADOPTING THE FY 2022-23 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA, AS FOLLOWS: SECTION 1 – APPROVAL OF PLAN. The City of Crestview hereby approves the Community Development Block Grant entitlement funding Annual Action Plan for CDBG FY 2022-23. SECTION 2 – AUTHORITY. The City Manager is hereby designated and authorized to execute any documents and certifications required by the U.S. Department of Housing and Urban Development as related to the Annual Action Plan, and to do all things necessary and proper to carry out the terms and conditions of said program. SECTION 3 – EFFECTIVE DATE. This Resolution shall take effect immediately upon approval of City Council. Passed and adopted at a regular meeting of the City Council on this 8th day of August, 2022. BY: ______________________________________ J. B. Whitten Mayor ATTEST: _____________________________________ Maryanne Schrader City Clerk Page 610 of 719 Annual Action Plan 2022 1 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 611 of 719 Annual Action Plan 2022 2 OMB Control No: 2506-0117 (exp. 09/30/2021) Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction The City of Crestview receives funding through the Community Development Block Grant (CDBG) from the U.S. Department of Housing and Urban Development. The city is considered an “entitlement community” with a prescribed formula for funding developed by HUD using select city demographic information. This funding is used for community development projects which reduce or reverse evidence of physical, social, or economic decline in low-to-moderate income neighborhoods. 2. Summarize the objectives and outcomes identified in the Plan The priority needs, goals, and objectives of the City are outlined in the Consolidated Plan and have been defined by HUD as the following: 1. Providing Decent Affordable Housing – relates to a wide range of housing activities to meet individual family or community housing needs. 2. Providing a Suitable Living Environment – relates to activities that are designed to benefit communities, families, or individuals by addressing issues in their living environment. 3. Expanding Economic Opportunity – applies to activities related to economic development, commercial revitalization, or job creation. In addition, HUD has added a standard set of outcomes for the objectives listed above. These outcomes include: 1. Availability/Accessibility – applies to activities that make services, infrastructure, public services, public facilities, housing, or shelter available or accessible to low- and moderate-income people, including persons with disabilities. 2. Affordability – applies to activities that provide affordability in a variety of ways to low- and moderate-income people. It can include the creation or maintenance of affordable housing, basic Page 612 of 719 Annual Action Plan 2022 3 OMB Control No: 2506-0117 (exp. 09/30/2021) infrastructure hook-ups, or services such as transportation or daycare. Affordability is an appropriate objective whenever an activity is lowering the cost, improving the quality or increasing the affordability of a product or service to benefit a low-income household. 3. Sustainability – applies to activities that are aimed at improving communities or neighborhoods, helping to make them livable or viable by providing benefit to persons of low- and moderate-income or by removing or eliminating slums or blighted areas through multiple activities or services that sustain communities or neighborhoods. 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. The 2021-22 CDBG program year was the City of Crestview's second year as an entitlement community. 2021-22 projects are progressing as expected, and the city expects to continue to meet timeliness requirements as regulated in 24 24 CFR 570.902. The Benjamin St Sewer Connection project that was previously delayed during program year 2020-21 due to increased material costs, and other delays, was completed during program year 2021-22. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. The City of Crestview's Community Development Block Grant Program uses many processes for involving citizens in its decision making. Public comments on the use of CDBG funds are solicited through newspaper ads, public meetings, and on the city's website during the development of the plan. The Citizen’s Advisory Committee (CAC) meets during the development of the plan to advise staff on the use of the city's annual CDBG funding allocation. During that meeting, the CAC votes on their combined recommendations. Staff and the CAC's recommendations are both presented to City Council for final approval. At least three advertised public hearings or meetings related to the CDBG program are held each year. This year's meetings were as follows: 1. A public information meeting was held on June 15, 2022. This meeting was held during the development of the plan/application period. 2. The Citizen's Advisory Committee (CAC) met on July 21, 2022 to review funding applications and give their recommendations. 3. The plan was presented to City Council on August 8, 2022, for final approval. Page 613 of 719 Annual Action Plan 2022 4 OMB Control No: 2506-0117 (exp. 09/30/2021) 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. No public comments were received during the creation of the 2022-2023 CDBG Annual Action Plan. 6. Summary of comments or views not accepted and the reasons for not accepting them In the event that public comments are received, those are accepted, reviewed, and made a part of the plan. No public comments were received during the creation of the 2022-2023 CDBG Annual Action Plan. 7. Summary The Citizen’s Advisory Committee continues to be at the core of the public participation process. The City’s Community Development Block Grant staff promotes public awareness and opportunities for participation by making available documents such as the annual action plan, five-year consolidated plan, consolidated annual performance evaluation report, etc., and by advertising their availability in the local news media and on the city website. The city continually strives to organize and present data in a manner that is easily understood and evaluated by our citizens and welcomes comments on the Annual Action Plan and how future reports might be improved Page 614 of 719 Annual Action Plan 2022 5 OMB Control No: 2506-0117 (exp. 09/30/2021) PR-05 Lead & Responsible Agencies – 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency CDBG Administrator Crista Shepheard City Manager's Office Table 1 – Responsible Agencies Narrative (optional) Consolidated Plan Public Contact Information Crista Shepheard, Special Projects Manager 850-682-1560 Ext 205 shepheardc@cityofcrestview.org Page 615 of 719 Annual Action Plan 2022 6 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-10 Consultation – 91.100, 91.200(b), 91.215(l) 1. Introduction The City of Crestview's City Manager's office prepares the Annual Action Plan as part of a collaborative process to establish a unified vision of community development actions. This process creates the opportunity for strategic planning and citizen participation to take place in a comprehensive context at the local level. It also provides a method to measure progress of the various program goals, specific objectives, and annual goals set. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) Table 1 below identifies the agencies involved in the City’s consultation process this year. The city will continue to work to identify public and private agencies to administer the CDBG program and achieve the goals and objectives set forth in the plan. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The Continuum of Care, Homelessness and Housing Alliance (HHA) applies for federal and state funding, which it distributes to service providers based on results from a request for proposal process. Once funds are awarded, the Continuum of Care monitors expenditures and program delivery, and reports back to the appropriate government agencies. The Continuum of Care receives some funds for direct services, which are used to support collective programs, such as permanent housing, prevention, and other essential needs beyond the capacity of individual members. During FY 2020-21 the city established a solid relationship with the Continuum of Care. In addition, Mayor JB Whitten created a homelessness advisory council. That board is made up of the Executive Director of the COC, the Director of the Crestview Area Shelter for the Homeless, a City Councilwoman, a County Commissioner, a representative from the Crestview Police Department, a representative of the faith community, and a representative from the Chamber of Commerce and Military Affairs Committee. The diversity of the board allows the city to obtain perspectives and solutions from multiple viewpoints and areas of expertise. The city continues to work closely with the Continuum of Care to address the needs of homeless persons and persons at risk of homelessness. The Housing Stabilization Specialist provided by Homelessness and Housing Alliance regularly works with people in Crestview either already experiencing homelessness, or facing homelessness by providing resources and case management. Page 616 of 719 Annual Action Plan 2022 7 OMB Control No: 2506-0117 (exp. 09/30/2021) Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The city does not receive ESG funding directly and did not receive an ESG allocation from the state of Florida in program years 2021-22 or 2022-23. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities Page 617 of 719 Annual Action Plan 2022 8 OMB Control No: 2506-0117 (exp. 09/30/2021) Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization FL-505 Homelessness and Housing Alliance Agency/Group/Organization Type Services - Housing Services-homeless What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The city works closely with HHA through meetings, phone calls, and emails. HHA has been instrumental in assisting the city with housing services for displaced LMI citizens. Identify any Agency Types not consulted and provide rationale for not consulting The City of Crestview continues to attempt to identify agencies that provide services to the Crestview area. There are no agencies that were identified, but not consulted during the creation of this plan. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Homelessness and Housing Alliance Both plans include increasing access to affordable, increasing economic stability, and strategies to reduce homelessness Table 3 – Other local / regional / federal planning efforts Page 618 of 719 Annual Action Plan 2022 9 OMB Control No: 2506-0117 (exp. 09/30/2021) Narrative (optional) Page 619 of 719 Annual Action Plan 2022 10 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-12 Participation – 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting Citizens' comments on the use of CDBG funds are specifically solicited by a way of a citizen advisory group. The Citizen's Advisory Committee (CAC) advises staff on the use of the City of Crestview's annual CDBG fund allocation. Each year, the Citizen's Advisory Committee (CAC) comes together to plan for the CDBG budget for the coming fiscal year. The CAC reviews all applications submitted for the City's annual allocation of grant funds. At least three advertised public hearings or meetings are held each year to address housing and community development needs, development of proposed activities, and review of performance for the Community Development Block Grant (CDBG). This year, the Citizen Advisory Committee met on July 21, 2022, to review applications and give their funding recommendations for the 2022-2023 year. Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 1 Public Meeting Non- targeted/broad community No one from the public attended the meeting, and no public comments were received. N/A N/A Page 620 of 719 Annual Action Plan 2022 11 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 2 Newspaper Ad Non- targeted/broad community Several newspaper ads were ran during the creation and adoption of the Annual Action Plan. No public comments were received due to the newspaper ads. N/A N/A 3 Internet Outreach Non- targeted/broad community Visitors to the city's website can view CDBG announcements and submit public comments comment on the Annual Action Plan or CDBG program. No public comments were received due to the website postings. N/A N/A Table 4 – Citizen Participation Outreach Page 621 of 719 Annual Action Plan 2022 12 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Resources AP-15 Expected Resources – 91.220(c)(1,2) Introduction The City of Crestview's 2021-22 allocation is $170,025.00. Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 157,584 0 0 157,584 0 The 2022-23 CDBG allocation will be used for the following projects: Planning and Administration, Crestview Community Redevelopment, and Crestview Resource Center. Other public - federal Economic Development 0 0 0 0 0 Table 5 - Expected Resources – Priority Table Page 622 of 719 Annual Action Plan 2022 13 OMB Control No: 2506-0117 (exp. 09/30/2021) Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The City of Crestview does not receive HOME or ESG funding. CDBG funding does not require matching funds, however funding will be leveraged by private, local, state, and other federal funding as available. Page 623 of 719 Annual Action Plan 2022 14 OMB Control No: 2506-0117 (exp. 09/30/2021) If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The city has obtained several properties that may be used to address affordable housing needs in the future and is working to identify agencies to partner with on potential future affordable housing projects. The city maintains a list of city-owned properties that may be eligible for affordable housing or other needs. Discussion The city continues to seek funding opportunities and partnerships to expand programs. Page 624 of 719 Annual Action Plan 2022 15 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Public Facility Improvements 2021 2025 Non-Housing Community Development CRESTVIEW Public Facility Improvements CDBG: $80,230 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 240 Persons Assisted 2 Blight Removal 2020 2025 Non-Housing Community Development CRESTVIEW Blight Removal CDBG: $55,790 Buildings Demolished: 10 Buildings 3 Planning and Administration 2020 2025 Planning & Administration CRESTVIEW Administration/Planning CDBG: $34,005 Other: 1 Other Table 6 – Goals Summary Goal Descriptions 1 Goal Name Public Facility Improvements Goal Description The public facility improvement goal will be met through funding provided to the Crestview Resource Center and Crestview Manor. Page 625 of 719 Annual Action Plan 2022 16 OMB Control No: 2506-0117 (exp. 09/30/2021) 2 Goal Name Blight Removal Goal Description Under this goal, funding will be used to assist in the elimination of blight and deterioration of properties through the removal of unsafe conditions, and by enhancing the appearance and conditions of structures. 3 Goal Name Planning and Administration Goal Description Under this goal, funding will be used to provide the planning and administrative support functions to carry out the programs and projects of the Annual Action Plan. Page 626 of 719 Annual Action Plan 2022 17 OMB Control No: 2506-0117 (exp. 09/30/2021) Projects AP-35 Projects – 91.220(d) Introduction This City of Crestview's FY 2022-23 activities were developed fully utilizing the citizen participation process. The program was advertised and applications for funding were received. City staff reviewed the applications and presented then to the Citizen's Advisory Committee (CAC) before presenting the Annal Action Plan to City Council for final approval. The following projects were approved for FY 2022-2023: Projects # Project Name 1 Planning & Administration 2 Crestview Resource Center 3 City of Crestview Community Development Table 7 - Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Allocations are prioritized to provide the greatest impact in the target areas. Projects were chosen for funding based on eligibility and impact. Community Redevelopment will be performed in all four LMI areas where there is a high level of code enforcement violations, or individual properties with code enforcement violations. The remaining projects were allocated based on eligibility and impact. As a third-year entitlement community with limited funding, the city currently has insufficient funding in comparison to the level of need in many areas. However, the city continues to identify community partners and resources. Page 627 of 719 Annual Action Plan 2022 18 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary Project Summary Information Page 628 of 719 Annual Action Plan 2022 19 OMB Control No: 2506-0117 (exp. 09/30/2021) 1 Project Name Planning & Administration Target Area CRESTVIEW Goals Supported Planning and Administration Needs Addressed Administration/Planning Funding CDBG: $31,517 Description The City of Crestview City Manager's office administers the CDBG program and is responsible for conducting all public hearings and meetings, advertising the report, advertising for and accepting applications, reviewing applications, administering funds to sub-grantees, preparing the Annual Action Plan each year, preparing the CAPER each year, and for preparing the Five-Year Consolidated Plan every five years, among other administrative duties. This project is eligible under 24CFR 570.206(a), Matrix Code: 20 Target Date 9/30/2023 Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities 2 Project Name Crestview Resource Center Target Area CRESTVIEW Goals Supported Public Facility Improvements Needs Addressed Public Facility Improvements Funding CDBG: $60,000 Description Purchase of items to upgrade the food pantry and perform building modifications to the resource center. This project is eligible under 24 CFR 570.201(c), National Objective: Low Mod Area benefit (LMA) Matrix Code: 03E Target Date 9/30/2023 Estimate the number and type of families that will benefit from the proposed activities Page 629 of 719 Annual Action Plan 2022 20 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description Planned Activities 3 Project Name City of Crestview Community Development Target Area CRESTVIEW Goals Supported Blight Removal Needs Addressed Blight Removal Funding CDBG: $66,067 Description The City of Crestview's low-and moderate-income target areas include many slum and blighted properties. Under this program, funding will be used to assist in the elimination of blight and deterioration of properties through the removal of unsafe conditions. 100% of funding for this program is anticipated to be used within the LMI target areas. This project is eligible under 24 CFR Part 570.201(d), National Objective: Elimination of Slums and Blight, Matrix Code 04. Target Date 9/30/2023 Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities Page 630 of 719 Annual Action Plan 2022 21 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed All CDBG funding will be used to benefit eligible activities within the city limits of Crestview. The designated LMI areas are: Census Tract: 020600, Census Block Group: 1, Low/Mod Percentage: 62.22% Census Tract: 020700, Census Block Group: 1, Low/Mod Percentage: 74.29% Census Tract: 020500, Census Block Group: 3, Low/Mod Percentage: 53.96% Census Tract: 020500, Census Block Group: 4, Low/Mod Percentage: 96.32% A map of the geographic areas of Crestview, including the designated LMI areas above is included in the AD-26 administration section of this plan. Geographic Distribution Target Area Percentage of Funds CRESTVIEW 100 Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically All funding will be allocated within LMI areas to maximize impact. Community Redevelopment is needed in all four areas due to the amount of blighted and unsafe structures within them. There was only one external applicants for funding under this plan. That applicant is located within a LMI area. Discussion The City of Crestview's designated LMI areas accurately represent the community needs. Funding will be targeted in those areas. Page 631 of 719 Annual Action Plan 2022 22 OMB Control No: 2506-0117 (exp. 09/30/2021) Affordable Housing AP-55 Affordable Housing – 91.220(g) Introduction Affordable housing will not be directly addressed during this annual action plan. One Year Goals for the Number of Households to be Supported Homeless 0 Non-Homeless 0 Special-Needs 0 Total 0 Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 0 Rehab of Existing Units 0 Acquisition of Existing Units 0 Total 0 Table 10 - One Year Goals for Affordable Housing by Support Type Discussion The city is not currently carrying out affordable housing activities due to insufficient funding, but will continue attempts to identify affordable housing needs, resources, and possible partnerships for future activities. Page 632 of 719 Annual Action Plan 2022 23 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-60 Public Housing – 91.220(h) Introduction The City of Crestview will not address public housing needs directly with CDBG funding in FY21-22. Actions planned during the next year to address the needs to public housing The City of Crestview will not address public housing needs directly with CDBG funding in FY 21-22, but will instead support Crestview Housing Authority in future projects if requested. Actions to encourage public housing residents to become more involved in management and participate in homeownership There are no city-planned planned activities to encourage public housing residents to become more involved in management and participate in homeownership in FY 2021-22. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance N/A Discussion Page 633 of 719 Annual Action Plan 2022 24 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction The city does not provide direct homeless services but collaborates with HHA and the Advisory Committee to ensure the provision of services is comprehensive and adequate for the jurisdiction. The Crestview Area Homeless Advisory Council (CAHAC) is comprised of several community leaders that represent all sectors of the city. The city implemented the Crestview Area Homeless Advisory Council in 2019. The council consists of representatives from city council, Board of County Commissioners, HHA, Crestview Area Shelter for the Homeless, Crestview Chamber of Commerce, and Crestview Police Department. The goals of the council are to identify the number of persons experiencing homelessness in the city, inventory all available resources, create gaps analysis, develop strategic plan, and implement strategies. The council meets monthly. The City of Crestview’s action plan outlines goals and strategies to be implemented in accordance with requirements of the broader Consolidated Plan. The city coordinated with HHA and the CAHAC to develop needs and establish strategies to address those needs. This collaboration has developed an effective systemic approach to homelessness that will fill jurisdictional gaps in services. The city continues to assist in the development of strategic solutions to homelessness that reduce costs to the community and reduces homelessness. Although the city does not directly provide services to homeless households the city works with the local Continuum of Care (CoC) and other service providers that cover our jurisdiction for the provision of services. Under this category, the city will not undertake these activities but will support several operating agencies that are providing valuable services to prevent homelessness and to assist those who are already homeless. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The city will support HHA's efforts to identify and engage each person experiencing homelessness in order to quantify the unmet needs in the area and begin the process of connecting homeless households to services and housing. HHA utilizes the data collected from outreach, shelters, and coordinated entry system to determine if Crestview has sufficient resources to address the needs of those experiencing homelessness in the jurisdiction. Addressing the emergency shelter and transitional housing needs of homeless persons The CoC Annual Action Plan has an objective of providing immediate access to low-barrier emergency shelter or other temporary accommodations to all who need it. The goals include: Page 634 of 719 Annual Action Plan 2022 25 OMB Control No: 2506-0117 (exp. 09/30/2021) 1. Increase access to stable and affordable housing. The city is aware of the affordable housing shortage and shortage of property owners willing to accept HUD housing vouchers and tenants with a history of homelessness. The CoC has multiple committees working on addressing the issue. The CoC uses Housing First and other evidence-based best practices to expedite housing for persons experiencing homelessness. The city’s goal is to support the effort to increase housing availability for special needs populations and extremely low-income households. This goal also includes increasing the number of shelter beds available in the area and the amount of funding for supportive housing programs. The CoC was able to expedite housing for persons that were staying in shelters much more quickly versus the lengthy process of housing persons that are unsheltered. 2. Provide access to low-barrier emergency shelter. The objective is to be able to provide high- quality, housing-focused shelter or temporary accommodations for those living in unsafe situations, including those fleeing domestic violence and human trafficking, and those living in unsheltered locations. 3. Improve access to emergency assistance, housing, and supports for historically underserved and overrepresented groups, such as youth who have been involved in the juvenile justice system or child welfare system, people who have been sexually exploited or labor-trafficked, people who identify as LGBTQ, people with HIV/AIDS, youth that are pregnant or parenting, people with mental health needs, and racial and minority groups. 4. Utilize transitional housing vouchers for motel stays and other temporary accommodations available through the Managing Entity and other area providers to transition participants that have a housing stability plan and an exit to housing date, when appropriate. 5. Increase the availability of medical respite beds to allow hospitals to discharge participants experiencing homelessness to discharge people with complex health needs to medical respite beds that can help stabilize their health conditions and assist them to access or return to safe housing. The CoC has not a found a facility to meet this need and currently utilizes hotel/motel vouchers to meet this need. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The CoC Annual Action Plan includes an objective to implement coordinated entry to standardize assessment and prioritization processes and streamline connections to housing and services. The goals include: 1. To reduce the length of time a household experiences homelessness using coordinated entry, street outreach teams, support services, and housing navigation. Page 635 of 719 Annual Action Plan 2022 26 OMB Control No: 2506-0117 (exp. 09/30/2021) 2. Support the implementation of strong coordinated entry processes that provide effective, low- barrier, comprehensive, and coordinated access to housing and services programs. 3. Develop and strengthen best practices in population-specific coordinated entry strategies and processes. 4. Support rural and suburban areas to implement effective, regionally specific coordinated entry processes. 5. Expand access to new and existing affordable housing for people experiencing homelessness. 6. Connect people to rapid re-housing. 7. Connect people with the most intense needs to permanent supportive housing. 8. Link people experiencing unsheltered homelessness to housing and services solutions. 9. Expand the supply and increase access to rental housing subsidies and other affordable housing options. 10. Encourage increased use of health, behavioral health, TANF, workforce, early childhood education, K-12 and higher education supports, and child welfare programs. 11. Encourage a wide range of programs to develop or strengthen partnerships with coordinated entry processes and to implement effective practices for referrals between systems. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. To ensure that individuals and families do not return to homelessness, it will be necessary to strengthen partnerships with, and connections to, a larger array of federal, state, local, and private programs that serve low-income households, including programs that: advance education and employment opportunities and support upward economic mobility; provide connections to health and behavioral health care services; and link people to a range of other programs and systems that support strong and thriving communities, such as quality child care, schools, family support networks, and other resources. Discussion In addition to the sections above, the city will assist with housing and supportive service actions for non- homeless special needs persons including the elderly, frail elderly, persons with disabilities, persons with HIV/AIDS and their families, and public housing residents. by identifying federal, state, local, and private programs and agencies that will support those actions. As a new entitlement community this is an ongoing effort. Page 636 of 719 Annual Action Plan 2022 27 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing – 91.220(j) Introduction: The City’s Community Redevelopment Agency (CRA) encourages the private sector in their effort to secure additional public and private funds for affordable housing, community and economic development. No CDBG funds are allocated to provide homeless with affordable housing; however, Applicants for these programs are also advised of the rehabilitation services of the Okaloosa County Development Corporation, which also provides housing and rehabilitation services through the State Housing Initiative Partnership (SHIP) program and the HOME Investment Partnership Program. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The city is currently revising the Land Development Code and has been working diligently to streamline processes and procedures for community development. These actions are not funded through the CDBG program, but address barriers to affordable housing. Discussion: The LDC revisions, along with policy and procedure changes will greatly impact barriers to affordable housing by streamlining processes to assist developers in these projects. Page 637 of 719 Annual Action Plan 2022 28 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-85 Other Actions – 91.220(k) Introduction: The primary target of activities funded by the CDBG program is improvement of living conditions for low- to moderate-income persons. The activities are focused on assisting persons in the community to obtain and maintain suitable housing and adequate living standards in stable or improving neighborhoods. The activities included in the Consolidated Plan are designed to overcome obstacles and meet the underserved needs of low- and moderate-income persons. Housing program activities for improvement of occupied housing, expansion of decent and attractive affordable housing stocks, and assistance to persons to enable them to live in decent and sustainable housing are direct methods to improve living conditions. Activities that improve infrastructure, improve the quality of life and raise the standard of living for all of the people in the neighborhood served by the infrastructure. Public services and facilities that meet community needs, particularly for the young and the elderly, provide a means by which persons may receive needed services and benefits that will enable them to live decently; and, in the case of children, develop the future capability to provide for themselves. Actions planned to address obstacles to meeting underserved needs The primary obstacle to meeting underserved housing and community development needs of the City is available funding, which is shrinking each year. Demand for assistance exceeds the supply of available resources. The number of lower income individuals, families, and neighborhoods in need, coupled with the complexity of issues they face is steadily increasing in both scale and cost. The combination of these factors places substantial new burdens on an already strained housing and community development delivery system. The City plans to undertake activities to address obstacles to meeting underserved needs by funding the non-profit sub-recipient organizations previously identified. Actions planned to foster and maintain affordable housing The City will continue to work with establishing public/private partnerships intended to increase the opportunity for the development of affordable housing. Actions planned to reduce lead-based paint hazards The City tests proposed rehabilitation projects for lead-based paint, provides the required remedial action, and provides information to homeowner. The City’s programs continue to include lead-based paint hazard education. The city provides copies of the booklet “Protect Your Family from Lead in Your Home”. Each unit that will undergo painting and/or re-roofing will be evaluated for the presence of lead-based paint. If such hazards are determined to Page 638 of 719 Annual Action Plan 2022 29 OMB Control No: 2506-0117 (exp. 09/30/2021) exist, the city will hire a certified consultant to remove the paint to the extent possible and repair the surface. Actions planned to reduce the number of poverty-level families The city does not plan to undertake activities which will reduce the number of poverty level families, develop institutional structure, and enhance coordination between public and private housing and social services agencies. Actions planned to develop institutional structure The City funds services to extremely low, low-, and moderate-income families through non-profit organizations who provide services to these families. Funding may be sought by these organizations through an application process during the formation of the annual program. Funding for Public Service programs is highly competitive due to limited funds and an abundance of need. Therefore, the city has not solicited projects which target specific needs. Actions planned to enhance coordination between public and private housing and social service agencies The city does not plan to undertake activities which will reduce the number of poverty level families, develop institutional structure, and enhance coordination between public and private housing and social services agencies. Discussion: The City plans to undertake activities to address obstacles to meeting underserved needs by funding the non-profit sub-recipient organizations previously identified. Page 639 of 719 Annual Action Plan 2022 30 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction: Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Page 640 of 719 Annual Action Plan 2022 31 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 641 of 719 Annual Action Plan 2022 32 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 642 of 719 City of Crestview Summary of Citizen Participation Comments and Public Notices for the 202-202 CDBG Annual Action Plan Section I Citizen Participation/Comments Citizens' comments on the use of CDBG funds are specifically solicited by a way of a citizen advisory group. The Citizen's Advisory Committee (CAC) advises staff on the use of the City of Crestview's annual CDBG fund allocation. Each year, the Citizen's Advisory Committee (CAC) comes together to plan for the CDBG budget for the coming fiscal year. The CAC reviews all applications submitted for the City's annual allocation of grant funds. At least three advertised public hearings or meetings are held each year to address housing and community development needs, development of proposed activities, and review of performance for the Community Development Block Grant (CDBG). This year, the Citizen Advisory Committee met on July , 202, to review applications and give their funding recommendations for the 202-202 year. Public meeting:There were no public comments received during the public meeting Citizen’s Advisory Committee public meeting:There were no public comments received during the public Citizen’s Advisory Committee meeting. Newspaper ads:Newspaper ads ran during the creation and adoption of the Annual Action Plan; there were no public comments received due to the newspaper ads. Public hearing:There were no public comments received during the public hearing. Section II Public Notices Page 643 of 719 Page 644 of 719 Page 645 of 719 Page 646 of 719 Page 647 of 719 Summary of Staff and CAC Recommendations for 2022-2023 CDBG Annual Action Plan Activities Total FY 22-23 Allocation $157,584.00 Planning & Admin (20% of grant allocation)$31,516.80 Total available for funding other activities $126,067.20 2021-2022 CDBG Annual Action Plan Projects: Applicant Project Name Requested Funding Staff Recommended Funding CAC Recommended Funding First Church of God in Christ Crestview Resource Center $140,000.00 $60,000.00 City of Crestview Planning & Admin $31,516.80 $31,516.80 City of Crestview City of Crestview Community Redevelopment $66,067.20 $66,067.20 Total Requested Funding $237,584.00 $157,584.00 $0.00 *CDBG FY is different from city FY (this will be CDBG FY 2022-2023 & City FY 2023-2024) Page 648 of 719 CITY OF CRESTVIEW Item # 9.2. Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Resolution TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director DATE: 8/2/2022 SUBJECT: Annexation Fee Moratorium Extension BACKGROUND: Voluntary Annexation is the process of incorporating property, at the owners’ request, into a city’s jurisdictional boundary. The State has a number of requirements regarding the land that can be annexed, including contiguity to the City’s boundary line, compactness, and service availability timelines. DISCUSSION: Previous fee moratoriums have proven to be successful at creating an opportunity for property owners to annex into the City. It provided unique opportunities to annex properties into the City that then developed or are planned to be developed. It also provided an opportunity to clean up some of the multiple enclaves that exist. Staff would like to continue to provide for these beneficial opportunities. Potential increases in annual tax base revenue streams can serve to curtail any initial “out-of-pocket” expenditure from the City in its provision of staff time and public notice. We have seen a positive result from this waiver in it's contribution to the reduction of the millage rate for the upcoming budget year. This is the same request as the previous successful waivers. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Opportunity- Promote an environment that encourages economic and educational opportunity FINANCIAL IMPACT Financial impact is dependent upon the number of voluntary annexation applications submitted within the specified moratorium time frame. Page 649 of 719 Staff review indicated approximately 10 hours of staff time required for each annexation, and the cost of public notice, which could total approximately $1,000.00. When considering the benefits of annexation and the potential tax revenue, especially in areas where City services are currently available, the return on initial investment could be seen as soon as the first year following the annexation. RECOMMENDED ACTION Staff respectfully requests a motion to adopt Resolution 2022-20. Attachments None Page 650 of 719 RESOLUTION: 2022- 20 A RESOLUTION OF THE CITY OF CRESTVIEW, FLORIDA, AMENDING THE COMPREHENSIVE FEE SCHEDULE, PROVIDING FOR A SIX-MONTH WAIVER PERIOD FOR THE COLLECTION OF ANNEXATION APPLICATION FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL RESOLUTIONS OR PARTS OF RESOLUTIONS 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. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1 – AUTHORITY. The authority for enactment of this resolution is Section 166.021 and Section 163.31801, Florida Statutes and Article I, Section 2 of the City Charter. SECTION 2. That the Comprehensive Fee Schedule; Planning and Zoning; Local Planning application, administrative and processing fees, is hereby amended to read as follows: Voluntary annexation into the city 10 acres or less: $1,200.00 – includes comp plan amendment and rezoning. More than 10 acres: $1,200.00 plus $10 per acre or fraction thereof – includes comp plan amendment and rezoning. All costs included. Resolution 2022-9 Resolution 2022-20 Moratorium effective for 6 months beginning September 1, 2022 and ending on March 1, 2023.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 only applicable to those applications for annexation as described Page 651 of 719 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 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this resolution 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 resolution which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this resolution are declared severable. SECTION 4 – REPEALER. All resolutions or parts of resolutions in conflict with the provisions of this resolution are hereby repealed to the extent of such conflict. PASSED AND ADOPTED IN REGULAR SESSION THIS 8th DAY OF AUGUST, 2022. APPROVED: ______________________________________ J. B. WHITTEN Mayor ATTEST: _____________________________________ MARYANNE SCHRADER City Clerk Page 652 of 719 CITY OF CRESTVIEW Item # 10.1. Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Nicholas Schwendt, Gis DATE: 8/3/2022 SUBJECT: Final Plat - Shoal River Landing Phase 2B BACKGROUND: On June 15, 2018, staff received the application for the Shoal River Landing subdivision. Construction plans and preliminary plat were previously reviewed and approved by the City Council on January 14, 2019, based on staff and Planning and Development Board (PDB) recommendation. DISCUSSION: D.R. Horton, the developer, nearing completion of the infrastructure for one phase of a 341 lot, single family subdivision development on the 193.35± acre parcel located on Okaloosa Ln, (PIN # 27-3N-23-0000-0010- 0010). Matt Zinke, P.E. is the Authorized Agent and Engineer for the project. The final plat for this review is regarding Phase 2B of the subdivision, encompassing 24.62 acres and 60 lots shown on the original preliminary plat. This plat will require a signature from the Mayor. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere FINANCIAL IMPACT This item has no direct effect on the current City budget. RECOMMENDED ACTION Staff respectfully requests approval of the final plat. Attachments 1. 220053.04 Shoal River Landing Phase 2B Plat (07-26-22) 2. Shoal River Landing Restrictions and Covenants 3. Second Amendment to Declaration - Shoal River (Annexing 2B)(8020586.1) Page 653 of 719 CLERK'S CERTIFICATE OF RECORDING: CERTIFICATION BY TAX COLLECTOR: COUNTY SURVEYOR: SURVEYOR'S CERTIFICATE: LOCAL PLANNING AGENCY DEDICATION: SHEET 1 OF 4 A RESIDENTIAL SUBDIVISION IN SECTION 27, TOWNSHIP 3 NORTH, RANGE 23 WEST, CITY OF CRESTVIEW, OKALOOSA COUNTY, FLORIDA CITY CLERK VERIFICATION PLAT BOOK , PAGE . INDEX Project Location APPROVAL OF CITY COUNCIL CITY ENGINEER’S CERTIFICATE COMMUNITY DEVELOPMENT SERVICES MANAGER OVERALL VIEW (NOT TO SCALE) SURVEYOR'S NOTES: CONSENT AND JOINDER OF MORTGAGEE ACKNOWLEDGMENT: ACKNOWLEDGMENT: ACKNOWLEDGMENT: CONSENT AND JOINDER OF MORTGAGEE LEGAL DESCRIPTION (AS WRITTEN): 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 22 23 2627 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 4 2 5 2 6 2 7 2 8 2 9 3 0 3 1 3 2 3 3 3 4 3 5 3 6 3 7 3 8 39 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 9 0 9 1 9 2 9 3 9 4 9 5 9 6 9 7 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 11 3 11 4 11 5 11 6 11 7 11 8 1 1 9 120 121 122 123 124 125 126 127 128 129 130 TITLE CERTIFICATION: POB Page 654 of 719 OK A L O O S A L A N E OTTO LOOP QU I N T A N A S T R E E T SANDBAR LOOP SA N D B A R L O O P SA N D B A R L O O P SALAMANDER AVENUE 120 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 27 53 54 55 56 57 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 90 91 92 93 100 101 102 103 104 105 106 107 108 109 110 111 112 113114115116117118119 121 122 123 124 125 126 94 95 96 NORTH A RESIDENTIAL SUBDIVISION IN SECTION 27, TOWNSHIP 3 NORTH, RANGE 23 WEST, CITY OF CRESTVIEW, OKALOOSA COUNTY, FLORIDA SHEET 2 OF 4 PLAT BOOK , PAGE . SHEET 4 SHE E T 4 S H E E T 3 S H E E T 4 SH E E T 3 Building Setbacks POB Legend: Page 655 of 719 O T T O L O O P SA N D B A R L O O P 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 80 81 82 83 84 85 86 87 88 89 90 91 92 93 106 107 108 109 110 111 112 113114115 94 95 96 A RESIDENTIAL SUBDIVISION IN SECTION 27, TOWNSHIP 3 NORTH, RANGE 23 WEST, CITY OF CRESTVIEW, OKALOOSA COUNTY, FLORIDA SHEET 3 OF 4 PLAT BOOK , PAGE . SH E E T 2 SHE E T 2 S H E E T 4 SHE E T 4 NORTH Building Setbacks Legend: Page 656 of 719 OTTO L O O P QU I N T A N A S T R E E T SA N D B A R L O O P 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 58 59 60 61 62 63 64 65 66 67 92 93 99 100 101 102 103 108 109 123 124 125 126 127 128 129 130 94 95 96 97 98 QU I N T A N A S T R E E T A RESIDENTIAL SUBDIVISION IN SECTION 27, TOWNSHIP 3 NORTH, RANGE 23 WEST, CITY OF CRESTVIEW, OKALOOSA COUNTY, FLORIDA SHEET 4 OF 4 PLAT BOOK , PAGE . SHEET 2 SHE E T 2 S H E E T 3 S H E E T 3 NORTH Building Setbacks Legend: Page 657 of 719 Page 658 of 719 Page 659 of 719 Page 660 of 719 Page 661 of 719 Page 662 of 719 Page 663 of 719 Page 664 of 719 Page 665 of 719 Page 666 of 719 Page 667 of 719 Page 668 of 719 Page 669 of 719 Page 670 of 719 Page 671 of 719 Page 672 of 719 Page 673 of 719 Page 674 of 719 Page 675 of 719 Page 676 of 719 Page 677 of 719 Page 678 of 719 Page 679 of 719 Page 680 of 719 Page 681 of 719 Page 682 of 719 Page 683 of 719 Page 684 of 719 Page 685 of 719 Page 686 of 719 Page 687 of 719 Page 688 of 719 Page 689 of 719 Page 690 of 719 Page 691 of 719 Page 692 of 719 Page 693 of 719 Page 694 of 719 Page 695 of 719 Page 696 of 719 Page 697 of 719 Page 698 of 719 Page 699 of 719 Page 700 of 719 Page 701 of 719 Page 702 of 719 Page 703 of 719 Page 704 of 719 Page 705 of 719 Page 706 of 719 Page 707 of 719 Page 708 of 719 This instrument prepared by: HAND ARENDALL HARRISON SALE LLC c/o Nathan R. Cordle, Esq. 111 N. Co. Hwy. 393 Suite 203 Santa Rosa Beach, FL 32459 SECOND AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF SHOAL RIVER LANDING THIS SECOND AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF SHOAL RIVER LANDING (the "First Amendment") is made by 68V Shoal River (FL) 2019, LLC, a Florida limited liability company, (“Declarant"), whose mailing address is 29891 Woodrow Lane, Suite 300, Spanish Fort, AL 36527. WITNESSETH: WHEREAS, Declarant recorded the original Declaration of Covenants, Conditions and Restrictions of Shoal River Landing recorded in Official Records Book 3530, Page 1206, (the “Declaration”), in the Public Records of Okaloosa County, Florida; WHEREAS, Declarant recorded the First Amendment to the Declaration in Official Records Book ____, Page _____ (the “First Amendment”) annexing Phase 2A of Shoal River Landing; WHEREAS, pursuant to Article X, Section 10.02 of the Declaration, the Declarant may annex in real property and subject it to the Declaration; WHEREAS, the Declarant desires to annex the real property described as follows: All of that certain property identified as SHOAL RIVER LANDING PHASE 2B, as recorded in Plat Book ____, Page _____, of the Public Records of Okaloosa County, Florida, (the "Annexed Property"), to the terms and conditions of the Declaration in accordance therewith; WHEREAS, pursuant to Article X, Section 10.03, Declarant has the right to amend the Declaration prior to Turnover, as defined in the Declaration, subject to Article X, Section 10.04; WHEREAS, pursuant to Article X, Section 10.04, Declarant may not exercise any of its rights under Article X, including annexation and amendment, without first obtaining the written approval of D.R. Horton, Inc., a Delaware corporation ("Horton"); WHEREAS, Horton hereby consents to and joins this First Amendment to annex in and subject the Annexed Property to the covenants, restrictions, conditions, easements, obligations, charges and liens of the Declaration; Page 709 of 719 NOW, THEREFORE, Declarant declares that the Annexed Property is hereby made subject to the operation and effect of the Declaration, pursuant to Article X thereof, and that the Annexed Property is and shall be held, transferred, sold, conveyed, leased, occupied and used subject to the covenants, restrictions, conditions, easements, obligations, charges and liens set forth in the Declaration, as heretofore, hereby and hereafter amended. 1. Full Force and Effect of Declaration. Except as hereby supplemented, the Declaration shall remain in full force and effect in strict accordance with its terms. 2. Effective Date. This Supplement shall become effective upon being recorded in the Public Records of Okaloosa County, Florida. [Remainder of Page Left Intentionally Blank] Page 710 of 719 IN WITNESS WHEREOF, Declarant has caused this First Amendment to be executed in its name by its officers thereunto duly authorized this ____ day of __________________, 2022. Witnesses: Print Name: Print Name: 68V Shoal River (FL) 2019, LLC, a Florida limited liability company 68 Ventures, LLC, an Alabama limited liability company, as its Manager By: Title: _________________________ STATE OF ________________________ COUNTY OF ______________________ The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this ____ day of ______________________, 2022, by __________________________________________, as ___________________________ on behalf of 68 Ventures, LLC, an Alabama limited liability company, as the Manager of 68V Shoal River (FL) 2019, LLC, a Florida limited liability company, who is ☐ personally known to me or ☐ produced the following identification . Notary Signature Notary Name [Printed/Typed/Handwritten] Notary Public, State of Florida at Large My Commission Expires: Page 711 of 719 CONSENT AND JOINDER OF ASSOCIATION Shoal River Landing Owners Association, Inc., a not-for-profit Florida corporation, whose mailing address is 29891 Woodrow Lane, Suite 300, Spanish Fort, Alabama 36527, hereby consents to and joins in the foregoing Supplemental Declaration of Covenants, Conditions, and Restrictions of Shoal River Landing Subdivision, and agrees to be bound by the terms thereof and will comply with and perform the terms and conditions thereof. In Witness Whereof, Shoal River Landing Owners Association, Inc. has executed this Joinder on this _____ day of , 2022. Witnesses: Print Name: Print Name: SHOAL RIVER LANDING OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation ______________________________ By: ___________________________ Its: President STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this ____ day of ______________, 2022, by _______________________________, as President and on behalf of SHOAL RIVER LANDING OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, who is ☐ personally known to me or ☐ produced the following identification . Notary Signature Notary Name [Printed/Typed/Handwritten] Notary Public, State of Florida at Large My Commission Expires: Page 712 of 719 CONSENT AND JOINDER OF D.R. HORTON D.R. Horton, Inc., a Delaware corporation, whose mailing address is 400 Schubert Drive, Pensacola, FL 32504, pursuant to Article X, Section 10.04, hereby consents to and joins in the foregoing First Amendment to the Declaration of Covenants, Conditions, and Restrictions of Shoal River Landing Subdivision, and agrees to be bound by the terms thereof and will comply with and perform the terms and conditions thereof. In Witness Whereof, D.R. Horton, Inc., a Delaware corporation, has executed this Joinder on this _____ day of , 2022. Witnesses: Print Name: Print Name: D.R. Horton, Inc., a Delaware corporation ______________________________ By: ___________________________ Its: ___________________________ STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this ____ day of ______________, 2022, by _______________________________, as _____________________________, and on behalf of D.R. Horton, Inc., a Delaware corporation, who is ☐ personally known to me or ☐ produced the following identification . Notary Signature Notary Name [Printed/Typed/Handwritten] Notary Public, State of Florida at Large My Commission Expires: Page 713 of 719 CITY OF CRESTVIEW Item # 10.2. Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Nicholas Schwendt, Gis DATE: 8/3/2022 SUBJECT: Final Plat - Ridgeway Landing Phase 2 BACKGROUND: On February 5, 2019, staff received the application for the Ridgeway Landing subdivision. Construction plans and preliminary plat were previously reviewed and approved by the City Council on January 13, 2020, staff and Planning and Development Board (PDB) recommendation. DISCUSSION: Garden Street Communities Southeast, LLC, the developer, nearing completion of the infrastructure for the second phase of a 146 lot, single family subdivision development on the 31.89± acre parcel located on Okaloosa Ln, (PIN # 05-3N-23-0000-0001-0000). Matt Zinke, P.E. is the Authorized Agent and Engineer for the project. The final plat for this review is regarding Phase 2 of the subdivision, encompassing 15.06 acres and 76 lots shown on the original preliminary plat. This plat will require a signature from the Mayor. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere FINANCIAL IMPACT This item has no direct effect on the current City budget. RECOMMENDED ACTION Staff respectfully requests approval of the final plat. Attachments 1. 22.6.24 Final Plat Page 714 of 719 JONES ROAD J O N E S R O A D RIDGEWAY CIRCLE RIDGEWAY CIRCLE R I D G E W A Y C I R C L E K E S W I C K L A N E OLD BETHEL ROAD RIDGEWAY CIRCLE B A Y C L I F F D R I V E R I D G E W A Y C I R C L E Surveyor's Certificate Acknowledgment to Dedication Title Opinion Dedication Legal Description (As Written) Surveyor's Notes Clerk's Certificate of Recording Certification by Tax Collector County Surveyor Local Planning Agency City Clerk Verification Approval of City Council , Community Development Services Director 144 143 142 141 140 139 138 137 136 135 134 133 132 126125123124122121120119 71 72 73 74 75 77 78 79 80 81 84 85 86 99 98 97 96 95 94 93 92 91 90 89 88 87 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 83 82 102 101 100 127 129 130 131 145 146 128 City Engineer's Certificate A RESIDENTIAL S8BDIVISION IN SECTION 5, TOWNSHIP 3 NORTH, RANGE 23 WEST, CITY OF CRESTVIEW, OKALOOSA CO8NTY, FLORIDA NORTH ST A T E R O A D 8 5 ( N F E R D O N B L V D ) PROJECT LOCATION Key Map 85 RIDGEWAY LANDING PHASE 2 Prepared: APRIL 2022 PLAT BOOK , PAGE RIDGEWAY LANDING PHASE 2 200128.03 Gustin, Cothern & Tucker, Inc. 121 Hart Street Niceville, FL 32578 (850) 678-5141 Fax: (850) 729-2460 Land Surveying & Mapping C T G SHEET 1 OF 3 76 She e t 3 She e t 2 Vicinity Map 85 OLD BETHEL RD JO N E S R D JONES RD DA V I D S O N L N RO B E R T S R D FR I E N D S H I P L N O L D J A M E S R D CB D R TW I N O A K D R DAVIDSON MIDDLE SCHOOL Index Notice Page 715 of 719 RIDGEWAY CIRCLE RIDGEWAY CIRCLE R I D G E W A Y C I R C L E K E S W I C K L A N E OLD BETHEL ROAD RIDGEWAY CIRCLE B A Y C L I F F D R I V E 144 143 142 141 140 139 138 137 136 71 72 73 74 75 76 77 78 79 80 99 98 97 96 95 94 93 103 104 105 106 107 108 109 110 111 112 102 101 100 145 146 Legend Building Setbacks NORTH A RESIDENTIAL S8BDIVISION IN SECTION 5, TOWNSHIP 3 NORTH, RANGE 23 WEST, CITY OF CRESTVIEW, OKALOOSA CO8NTY, FLORIDA RIDGEWAY LANDING PHASE 2 Prepared: APRIL 2022 PLAT BOOK , PAGE RIDGEWAY LANDING PHASE 2 200128.03 Gustin, Cothern & Tucker, Inc. 121 Hart Street Niceville, FL 32578 (850) 678-5141 Fax: (850) 729-2460 Land Surveying & Mapping C T G SHEET 2 OF 3 MATCHLINE POB Page 716 of 719 JONES ROAD B A Y C L I F F D R I V E RIDGEWAY CIRCLE K E S W I C K L A N E R I D G E W A Y C I R C L E 139 138 137 136 135 134 133 132 126125123124122121120119 77 78 79 80 81 84 85 86 96 95 94 93 92 91 90 89 88 87 109 110 111 112 113 114 115 116 117 118 83 82 127 129 130 131 128 A RESIDENTIAL S8BDIVISION IN SECTION 5, TOWNSHIP 3 NORTH, RANGE 23 WEST, CITY OF CRESTVIEW, OKALOOSA CO8NTY, FLORIDA RIDGEWAY LANDING PHASE 2 Prepared: APRIL 2022 PLAT BOOK , PAGE RIDGEWAY LANDING PHASE 2 200128.03 Gustin, Cothern & Tucker, Inc. 121 Hart Street Niceville, FL 32578 (850) 678-5141 Fax: (850) 729-2460 Land Surveying & Mapping C T G SHEET 3 OF 3 Legend Building Setbacks NORTH MATCHLINE Page 717 of 719 CITY OF CRESTVIEW Item # 11.1. Staff Report CITY COUNCIL MEETING DATE: August 8, 2022 TYPE OF AGENDA ITEM: Presentation TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Maryanne Schrader, City Clerk DATE: 8/4/2022 SUBJECT: Update on new Public Records Portal Launch and Municode Codification BACKGROUND: The launch of the new public records portal is complete, and the codification legal review process should be completed soon. DISCUSSION: Public Records requests – The City of Crestview launched our new Public Records Information Portal, Next Request, successfully July 2022. This is a public records management system that is designed to improve efficiency in responding to public records requests. The portal allows the public to make requests through a link: https://city-of-crestview-fl.nextrequest.com/ on our website. The public can obtain information on how to use the portal at: https://help.nextrequest.com/knowledge/requester-resources. However, the portal is very easy to use. This function is made available to the public because of our commitment to transparency. If you need general assistance, please contact the City Clerk’s office, and we will be happy to assist you. Municode – The Legal Review attorney, informed me that our Code is in review and should be completed no later than August 15th. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Page 718 of 719 Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT RECOMMENDED ACTION Staff respectfully requests Attachments None Page 719 of 719