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HomeMy Public PortalAbout1172022 Planning and Development Board Packet PLANNING AND DEVELOPMENT BOARD AGENDA November 7, 2022 6:00 p.m. Council Chambers 1. Call to Order 2. Pledge of Allegiance 3. Approve Agenda 4. Public Opportunity to speak on Agenda Items 5. Consent Agenda 5.1. Approval of October 3, 2022 PDB Minutes 6. Ordinances on 1st Reading/Public Hearing 6.1. Ordinance 1909 - North Ferdon & Third Ave Annexation 6.2. Ordinance 1910 - North Ferdon & Third Ave Comprehensive Plan Amendment 6.3. Ordinance 1911 - North Ferdon & Third Ave Rezoning 7. Ordinances 8. Final Plats and PUDS 9. Special Exceptions, Variances, Vacations and Appeals 10. Action Items 11. Director Report 11.1. Monthly update 12. Comments from the Audience 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@cityofcrestview.org or 850-628-1560 option2 within 48 hours of the scheduled meeting. Page 1 of 48 PLANNING AND DEVELOPMENT BOARD REGULAR MEETING MINUTES OCTOBER 3, 2022 6:00 PM COUNCIL CHAMBERS 1 Call to Order Chair Mike Roy called the Regular Meeting of the Crestview Planning and Development Board to order at 6:00 p.m. Board Members present: Mario Werth, Vice Chair, Ellis Conner, Malcolm Haynes, Michael Gilbert. Also present were City Clerk Maryanne Schrader, City Attorney Jonathan Holloway, and staff members. Alternates Brian Follmar and Jim Sheffield were excused. 2 Pledge of Allegiance The Pledge of Allegiance to the flag of the United States of America was led by Board member Mario Werth. 3 Approve Agenda Chair M. Roy called for action. Motion by Board member E. Conner and seconded by Board member M. Haynes to approve the agenda, as presented. Roll Call: All ayes. Motion carried. 4 Public Opportunity to speak on Agenda items Chair M. Roy went over the rules and procedures. 5 Consent Agenda Chair Roy called for action. Motion by Board member Ellis Conner and seconded by Board member Mario Werth to approve the Consent Agenda, as presented. Roll Call: Ellis Conner, Michael Gilbert, Malcolm Haynes, Michael Roy, Mario Werth. All ayes. Motion carried. 5.1. Approval of September 6, 2022 PDB minutes 6 Ordinance on 1st reading/ Public Hearing 6.1. Ordinance 1897 - Airport Road Annexation Interim Planning Administrator N. Schwendt stated the first three ordinances tonight are concerning property located at 2909 Airport Road. This is the first reading and public hearing of Ordinance 1897 for 2909 Airport Road for approximately 13.16 acres. A development application has not been received. The property is currently vacant. He mentioned courtesy notices were mailed out and detailed the advertising and posting requirements per Statute. The fees were waived because of the moratorium on fees. Page 2 of 48 Interim Planning Administrator N. Schwendt presented Ordinance 1897 to the Planning Board and 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, ± 13.16 Acres Of Contiguous Lands Located In Section 33, Township 4 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. Chair M. Roy asked for comment from the Board. Board member E. Conner voiced concern about the traffic issues and the proposed mixed-use designation. He added the more density the more the impact to the area. Interim Planning Administrator N. Schwendt replied there are a varied array of uses. He added staff has reviewed the ordinances and mentioned traffic mitigation would occur when a development order is submitted. Chair M. Roy asked for comment from the public. County resident, Lamar Deese came forward with concerns about annexing into the city. County resident, Kerry May, came forward and said he was told there would be 400 unit apartment buildings going in voicing concern about the traffic issues. County resident, Todd Cyrus, came forward to request that the Board deny the annexation. He said this patch of land will be surrounded by the County. He said the residents have stormwater coming into their subdivision to the point that some residents have had to purchase flood insurance. He added there is no real empirical data on the impact. County resident, Jessica Bader, said she received a document that had a clause with a mixed-use restriction, as the landowner had requested only single-family use. She voiced concern as to why this restriction has been ignored. She also voiced concern about traffic issues. County resident, Andrew Cawthon, voiced concern about the annexation, as there is drainage and traffic problems currently. There are only a few ingress/egress points. He said there is a blind spot coming out of the subdivision and speeding is already a Page 3 of 48 concern on Airport Road. There are natural tributaries and spring heads that feed the detention ponds mentioning Claire’s Vineyard has flooding issues, as well. County resident, Kerin Shue, voiced concern about the density as Brooke Estates is a quiet neighborhood. She agreed with what the residents mentioned earlier. County resident, Will Brooks, of Claire’s Vineyard voiced concern about the annexation. He prefers the quiet neighborhood, as well. County resident, Al Zalenski, voiced concern about the annexation because of the drainage issue, and an apartment building would compound the issue. He also had safety concerns. County resident, Todd Cyrus, also voiced concern on the traffic and safety issues. Anne Weir of Claire’s Vineyard, came forward to speak on the safety and traffic concerns, as well as the drainage issues. Chair M. Roy called for action. City Attorney Jonathan Holloway advised Chair Roy that this is the Public Hearing section, so it may be closed. However, the Comprehensive Plan and zoning ordinances would require recommendations from the Board members. Chair M. Roy closed the Public Hearing at 6:29 p.m. 6.2. Ordinance 1898 - Airport Road Comprehensive Plan Amendment Interim Planning Administrator N. Schwendt presented Ordinance 1898- Airport Road Comprehensive Plan Amendment to the Planning Board stated this is the first reading and public hearing of Ordinance 1898 for the mixed-use future land use designation. It is currently developed for residential use. He mentioned courtesy notices were mailed out and detailed the advertising and posting requirements per Statute. Interim Planning Administrator N. 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 Mixed Use (Mu) On Approximately 13.16 Acres, More Or Less, In Section 33, Township 4 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. Chair M. Roy called for comment from the Board. Page 4 of 48 Board member Mario Werth went over his concerns about annexing and zoning. Interim Planning Administrator N. Schwendt clarified that a portion of property that is city mixed-use is across the street from the property, as well as properties that are County mixed-use. He explained the Comprehensive Plan assigns the Future Land Use, which controls the array of zoning. Discussion ensued on the passage of the Comprehensive Plan amendment, adjacent property land uses, and annexation. Chair M. Roy called for comment from the public. County residents inquired about the designation of land use by the County, and Chair M. Roy explained it would be mixed use which could include apartments. The county residents present also voiced concern about the County use, not knowing what is going in the property, and particularly against an apartment complex. Chair M. Roy called for action. Motion by Board Michael Gilbert and seconded by Board member Mario Werth not to approve the Comprehensive Plan. Roll Call: Ellis Conner, Michael Gilbert, Malcolm Haynes, Michael Roy, Mario Werth. All Ayes. Motion carried. 6.3. Ordinance 1899 - Airport Road Rezoning City Attorney Jonathan Holloway swore in Interim Planning Administrator N. Schwend for the quasi-judicial segments of the meeting. Interim Planning Administrator N. Schwendt went over the options to the Planning Board for the first reading and public hearing of Ordinance 1899 - Airport Road Rezoning. Interim Planning Administrator N. Schwendt stated the information is the same as the last Ordinance and asked that the staff report be entered into the record: On September 2, 2022, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located at 2909 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 (MU) zoning designation for the property. The request for rezoning will be presented to City Council via Ordinance 1899 on October 10, 2022, for the first reading. The property description is as follows: Property Owner: The Grand Reserve Columbus LLC; PO Box 3290; Phenix City, AL 36868; Parcel ID: 33-4N-23-0000-0038-0000; 33-4N-23-0000-0038-0010; Site Size: 13.16 acres; North; Current FLU: Okaloosa County Low Density Residential; Current Zoning: Okaloosa County Residential-; Current Land Use: Residential & Vacant; FLU, Okaloosa County Low Density Page 5 of 48 Residential; Zoning- Okaloosa County Residential-1; Existing Use, Residential & Vacant; Direction, East; FLU, Okaloosa County Low Density Residential; Zoning, Okaloosa County Residential-1; Existing Use, Residential & Vacant; Direction - South; FLU, Okaloosa County Low Density Residential & Mixed Use (MU); Zoning, Okaloosa County Residential-1 & Mixed Use (MU); Residential & Vacant Direction – West; FLU - Okaloosa County Low Density; Residential Okaloosa County Residential-1; Residential. 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 residence 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 September 9, 2022. The property was posted on September 20, 2022. An advertisement ran in the Crestview News Bulletin on September 22 and 29, 2022. Interim Planning Administrator N. Schwendt presented the Ordinance information to the Planning Board and 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 13.16 Acres, More Or Less, Of Real Property, Located In Section 33, Township 4 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. Chair M. Roy asked for comment from the Board. Chair M. Roy asked for comment from the public. Chair M. Roy called for action. City Attorney J. Holloway explained the Board must make their determination based on competent substantial evidence advising that lay witnesses cannot provide testimony. He added the only substantial evidence is from staff who have been sworn in. Chair Roy closed the Public Hearing at 6:43 p.m. Board member Michael Gilbert and seconded by Board member Ellis Conner not to recommend Ordinance 1899 to the City Council. Page 6 of 48 Roll Call: Ellis Conner, aye; Michael Gilbert, aye; Malcolm Haynes, aye. Michael Roy, nay; Mario Werth, nay. Ayes: 3; Nays: 2. Motion carried. 6.4. Ordinance 1900 - Antioch Road Annexation Interim Planning Administrator N. Schwendt went over the first reading and public hearing of Ordinance 1900 - Antioch Road Annexation. The property is currently vacant. Staff has received an application for property adjacent to subject property. He mentioned courtesy notices were mailed out and detailed the advertising and posting requirements per Statute. He explained the first advertisement had the title incorrect for the annexation, however, since we advertised it ahead of time, we will readvertize it again the week of the 9th, which keeps us within Statute guidelines which requires two Public Hearings. However, the two Hearings will be at the Council level. Interim Planning Administrator N. Schwendt presented the Ordinance information to the Planning Board and 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, ± 1.23 Acres Of Contiguous Lands Located In Section 26, Township 3 North, Range 24 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. Chair M. Roy asked for comment from the Board. In response to Board member E. Conner and his question whether the property was near the traffic issue development on Antioch. Interim Planning Administrator N. Schwendt replied it is the same property and will be with the same developer with same traffic concerns. Chair M. Roy asked for comment from the public. Chair M. Roy closed the Public Hearing at 6:55 p.m. 6.5. Ordinance 1901 - Antioch Road Comprehensive Plan Amendment Interim Planning Administrator N. Schwendt presented the Ordinance information to the Planning Board and went over the first reading and public hearing of Ordinance 1901 - Antioch Road Comprehensive Plan Amendment. He mentioned this is the same information as previously stated for Ordinance 1901 adding the title was accurate, but we will run again with Ordinance 1900 for consistency. Interim Planning Administrator N. Schwendt asked the City Clerk to read the Page 7 of 48 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 Commercial (C) On Approximately 1.23 Acres, More Or Less, In Section 26, Township 3 North, Range 24 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. Chair M. Roy asked for comment from the Board. Chair M. Roy asked for comment from the public. Chair M. Roy called for action. Motion by Board member Mario Werth and seconded by Board member Ellis Conner recommending the City Council adopt and approve Ordinance 1901. Roll Call: Ellis Conner, Michael Gilbert, Malcolm Haynes, Michael Roy, Mario Werth Ayes: All ayes. Motion carried. 6.6. Ordinance 1902 - Antioch Road Rezoning Interim Planning Administrator N. Schwendt presented the information to the Planning Board for the first reading and public hearing of Ordinance 1902 - Antioch Road Rezoning. Interim Planning Administrator N. Schwendt asked the City Clerk to read the ordinance and enter the staff report into the record: On August 21, 2022, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located on Antioch 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 Commercial Low-Intensity District (C-1) zoning designation for the property. The request for rezoning will be presented to City Council via Ordinance 1902 on October 10, 2022, for the first reading. The property description is as follows: Property Owner: Miller Jason; 891 S Ferdon Blvd; Crestview, FL 32536; Parcel ID: 26-3N-24-0000-0015-001B; Site Size: 1.23 acres; Current FLU: Okaloosa County Low Density Residential; Current Zoning: Okaloosa County Residential-; Current Land Use: Vacant. Direction: North; FLU: Okaloosa County Low Density Residential; Zoning: Okaloosa County Residential-1; Existing Use: Residential; Direction: East; FLU: Public Lands (PL); Current Zoning: Public Lands; (PL) Current Use: Commercial; Direction: South; FLU: Commercial (C); Zoning: Commercial Low-Intensity District (C-1); Current Use: Residential; Direction: West; FLU: Commercial (C); Zoning: Commercial Low-Intensity District (C-1); Current Use: Vacant. The subject property Page 8 of 48 is currently vacant, 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 September 9, 2022. The property was posted on September 20, 2022. An advertisement ran in the Crestview News Bulletin on September 22 and 29, 2022. City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance Of The City Of Crestview, Florida, Providing For The Rezoning Of 1.23 Acres, More Or Less, Of Real Property, Located In Section 26, Township 3 North, Range 24 West, From The Okaloosa County Residential-1 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. Chair M. Roy asked for comment from the Board. Chair M. Roy asked for comment from the public. Chair M. Roy called for action. Motion by Board member Ellis Conner and seconded by Board member Mario Werth recommending that the City Council to approve and adopt Ordinance 1902. Roll Call: Ellis Conner, Michael Gilbert, Malcolm Haynes, Michael Roy, Mario Werth. All ayes. Motion carried. 6.7. Ordinance 1903 Friendship Lane Annexation Interim Planning Administrator N. Schwendt presented the information to the Planning Board for the first reading and public hearing of Ordinance 1903 - Friendship Lane Annexation. He stated staff received the application for 5851 Friendship Lane requesting low intensity district designation. He went over the surrounding properties and the current use listed as residential. Courtesy notices were mailed out and detailed the advertising and posting requirements per Statute. Interim Planning Administrator N. 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, ± 2.19 Acres Of Contiguous Lands Located In Section 33, Township 4 North, Range 23 West, And Being Described As Set Forth Herein; Providing For Authority; Providing For Land Description; Providing For Page 9 of 48 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. Chair M. Roy asked for comment from the Board. Chair M. Roy asked for comment from the public. Chair M. Roy closed the Public Hearing at 7:04 p.m. 6.8. Ordinance 1904 - Friendship Lane Comprehensive Plan Amendment Interim Planning Administrator N. Schwendt presented the information to the Planning Board for the first reading and public hearing of Ordinance 1904 - Friendship Lane Comprehensive Plan Amendment. He mentioned the property is currently designated as mixed use adding the property will be reserved for commercial use once the residential use ends. Interim Planning Administrator N. 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 Commercial (C) On Approximately 2.19 Acres, More Or Less, In Section 33, Township 4 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. Chair M. Roy asked for comment from the Board. Chair M. Roy asked for comment from the public. Chair M. Roy called for action. Motion by Board member Ellis Conner and seconded by Board Malcolm Haynes recommending that the City Council approve and adopt Ordinance 1904. Roll Call: Ellis Conner, Michael Gilbert, Malcolm Haynes, Michael Roy, Mario Werth. All ayes. Motion carried. 6.9. Ordinance 1905 - Friendship Lane Rezoning Interim Planning Administrator N. Schwendt presented the information to the Page 10 of 48 Planning Board for the first reading and public hearing of Ordinance 1905 - Friendship Lane Rezoning and asked that the City Clerk enter the staff report into the record: On August 24, 2022, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located at 5851 Friendship Lane. 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 Low-Intensity District (C-1) zoning designation for the property. The request for rezoning will be presented to City Council via Ordinance 1905 on October 10, 2022, for the first reading. The property description is as follows: Property Owner: Wilson Bobby J & Katherine; 5851 Friendship Lane; Crestview, FL 32536-9322; Parcel ID: 33-4N-23- 0000-0059-0000; Site Size: 2.19 acres; Current FLU: Okaloosa County Low Density Residential; Current Zoning: Okaloosa County Residential-1; Current Land Use: Residential. Direction: North; FLU: Okaloosa County Mixed Use; Zoning: Okaloosa County Mixed Use; Existing Use: Residential; Direction: East; FLU: Okaloosa County Mixed Use; Current zoning: Okaloosa County Mixed Use; Exiting Use: Residential; Direction: South; FLU: Okaloosa County Low Density; Zonin: Residential Okaloosa County Residential-1; Current Land Use: Residential; Direction: West; FLU: Mixed Use (MU); Zoning: Mixed Use (MU); Existing Use: Being developed for multi-family residential. 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 September 9, 2022. The property was posted on September 20, 2022. An advertisement ran in the Crestview News Bulletin on September 22 and 29, 2022. Interim Planning Administrator N. 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 2.19 Acres, More Or Less, Of Real Property, Located In Section 33, Township 4 North, Range 23 West, From The Okaloosa County Residential-1 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. Chair M. Roy asked for comment from the Board. Page 11 of 48 Board member Mario Werth voiced concern about the access on the C-1 Commercial zoning for this property, and Interim Planning Administrator N. Schwendt replied that traffic mitigation would be required. Chair M. Roy asked for comment from the public. Chair M. Roy called for action. Motion by Board member Malcolm Haynes and seconded by Board member Ellis Conner recommending that the City Council approve and adopt Ordinance 1905. Roll Call: Ellis Conner, aye; Michael Gilbert, aye; Malcolm Haynes, aye; Michael Roy, aye; Mario Werth; no. Ayes: 4; Nays: 1. Motion carried. 6.10. Ordinance 1906 - Henderson Street Annexation Interim Planning Administrator N. Schwendt presented the information to the Planning Board for the first reading and public hearing of Ordinance 1906 - Henderson Street Annexation. He mentioned the notice information is the same as for Ordinance 1905 for property located at 697 Henderson Street in unincorporated Okaloosa County. He went over current zoning. He went over the current land use designations stating the property is currently vacant. He mentioned courtesy notices were mailed out and detailed the advertising and posting requirements per Statute. Interim Planning Administrator N. 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, ± 1.52 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. Chair M. Roy asked for comment from the Board. Chair M. Roy asked for comment from the public. Chair M. Roy closed the Public Hearing at 7:14 p.m. 6.11. Ordinance 1907 - Henderson Street Comprehensive Plan Amendment Interim Planning Administrator N. Schwendt presented the information to the Planning Board for the first reading and public hearing of Ordinance 1907 - Henderson Street Comprehensive Plan Amendment mentioning the courtesy notices Page 12 of 48 mailings, and advertisement are the same as Ordinance 1906. Interim Planning Administrator N. 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 1.52 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. Chair M. Roy asked for comment from the Board. Chair M. Roy asked for comment from the public. Chair M. Roy called for action. Motion by Board member Ellis Conner and seconded by Board member Malcolm Haynes recommending the City Council approve and adopt Ordinance 1907. Roll Call: Ellis Conner, Michael Gilbert, Malcolm Haynes, Michael Roy, Mario Werth. All ayes. Motion carried. 6.12. Ordinance 1908 - Henderson Street Rezoning Interim Planning Administrator N. Schwendt presented the information to the Planning Board for the first reading and public hearing of Ordinance 1908 - Henderson Street Rezoning and requested the staff report be entered into the record: On August 31, 2022, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located at 697 Henderson Street. 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 request for rezoning will be presented to City Council via Ordinance 1908 on October 10, 2022, for the first reading. The property description is as follows: Property Owner: Tarpley Darryl E; 322 Aplin Rd; Crestview, FL 32539- 4950; Parcel ID: 21-3N-23-1670-0016-0080; Site Size: 1.52 acres; Current FLU: Okaloosa County Low Density Residential; Current Zoning: Okaloosa County Residential-1; Current Land Use: Vacant. Direction: North; FLU: Okaloosa County Low Density Residential; Zoning: Okaloosa County Residential-1; Existing Use: Residential & Vacant; Direction: East; FLU: Okaloosa County Low Density Residential; Zoning: Okaloosa County Residential-1; Existing Use: Vacant; Direction: South; FLU: Residential (R); Zoning: Single and Multi-Family Density Dwelling District (R-3); Existing Use: Vacant. The subject property is currently vacant, and a development application has not been submitted. Based on the requested land-use and zoning Page 13 of 48 designations, the property can be developed for residential 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 September 9, 2022. The property was posted on September 20, 2022. An advertisement ran in the Crestview News Bulletin on September 22 and 29, 2022. Interim Planning Administrator N. 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 1.52 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. Chair M. Roy asked for comment from the Board. Chair M. Roy asked for comment from the public. Chair M. Roy called for action. Motion by Board member Mario Werth and seconded by Board member Malcolm Haynes recommending that the City Council approve and adopt Ordinance 1908. Roll Call: Ellis Conner, Michael Gilbert, Malcolm Haynes, Michael Roy, Mario Werth. All ayes. Motion carried. 7 Ordinances None brought forward. 8 Final Plats and PUDS None brought forward. 9 Special Exceptions, Variances, Vacations and Appeals None brought forward. 10 Action Items None brought forward. 11 Director Report Page 14 of 48 11.1. Director's Update Interim Planning Administrator N. Schwendt briefed the Planning Board are several items. The items mentioned are a development order amendment was issued for Crestview Commons, as the plans had to be sent back through to include the grocery and restaurant portions additions. A development order was issued for Casey Electric's New Storage building for additions on the existing site. During this period, no final plats were recorded or approved. A development application was received for the Florida Power and Light improvements for their property. A dental office is going into 848 N Ferdon Boulevard. The Legacy Place subdivision and Princeton Grove Senior Adult Living apartment complex is under technical review by staff. A Letter of Intent from Gregg Chapel has been received for the Affordable Housing project. Staff is in discussion with Eglin for expanded childcare opportunities. Staff is in the process of reviewing the Municode codification for legal efficiency. The LDC had about twenty footnotes from Municode legal, so staff may come back with amendments dependent on the results of the review. 12 Comments from the Audience County residents voiced their concern about Ordinances 1894 -1899 regarding flooding problems, traffic issues, and the due diligence process. City Attorney J. Holloway explained the quasi-judicial process for the rezoning. The Planning Development Board suggested those interested attend the next Hearing. Resident, Craig Clemons, voiced concern of the traffic movement in the Redstone Commons subdivision and the development of his surrounding area. City Attorney J. Holloway suggested he meet with staff after the meeting. 13 Adjournment Chair M. Roy adjourned the meeting at 7:32 p.m. Minutes approved on _______ day of _________ 2022. ________________________ Chair Michael Roy __________________________________ Maryanne Schrader, City Clerk Proper notice having been duly given Page 15 of 48 CITY OF CRESTVIEW Item # 6.1. Staff Report PLANNING AND DEVELOPMENT BOARD MEETING DATE: November 7, 2022 TYPE OF AGENDA ITEM: 1st Reading/PH/PDB Board TO: Planning and Development Board CC: City Manager and City Attorney FROM: Community Development Services DATE: 11/3/2022 SUBJECT: Ordinance 1909 - North Ferdon & Third Ave Annexation BACKGROUND: On September 9, 2022, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located at 1202 N Ferdon Boulevard. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Mixed Use. The request for voluntary annexation will be presented to City Council via Ordinance 1909 on November 14, 2022 for the first reading. DISCUSSION: The property description is as follows: Property Owner: O'Daniels Jason & April M 411 Pendo Pl Crestview, FL 32536 Parcel ID: 04-3N-23-1840-0004-0080 Site Size: 0.37 acres Current FLU: Okaloosa County Mixed Use Current Zoning: Okaloosa County Mixed Use Current Land Use: Commercial The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Okaloosa County Mixed Use Okaloosa County Mixed Use Residential & Vacant East Okaloosa County Mixed Use Okaloosa County Mixed Use Commercial South Commercial (C) Commercial Low-Intensity District (C-1) Vacant West Okaloosa County Mixed Use Okaloosa County Mixed Use Residential & Commercial The subject property is currently developed for commercial use use and a development application has not been submitted. Based on the requested land-use and zoning designations, the property use will continue as commercial. Page 16 of 48 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 October 14, 2022. A letter was sent via certified mail to the Okaloosa Board of County Commissioners on October 14, 2022. The property was posted on October 25, 2022. An advertisement ran in the Crestview News Bulletin on November 3 & 10, 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 a recommendation to the City Council to adopt Ordinance 1909. Attachments 1. Exhibit Packet Page 17 of 48 ORDINANCE: 1909 AN ORDINANCE ANNEXING TO THE CITY OF CRESTVIEW, FLORIDA, ± 0.37 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-23-1840-0004-0080 (Deed recorded in Book 3571, page 2182, dated August 31, 2021) Lots 8 and 9, Block 4, Oakdale Miniature Farms, according to the plat thereof on file in Plat Book 1, Page(s) 129 in the Office of the Clerk of Circuit Court, 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 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. Page 18 of 48 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 12th day of December, 2022. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 12th day of December, 2022. ______________________________________ J. B. Whitten Mayor Page 19 of 48 Page 20 of 48 N FERDON BLVD OLD BETHEL RD AIRPORT RD HWY 85 N N FERDON BLVD Vicinity Map ¯ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET Not to Scale Subject Parcel(s) Page 21 of 48 GARDEN ST INDUSTRIAL DR N FERDON BLVD THIRD AVE THIRD AVE N FERDON BLVD THIRD AVE Existing Use¯ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET 0 15075 FeetLegend Subject Parcel City Limits Existing Use ChurchesClubs/LodgesFinancialGym/FitnessMunicipalNo AG AcreOffice BuildingPrivate SchoolRestaurantService ShopSingle FamilyStoresVacantVacant CommercialVacant/CommercialVehicle SaleWarehouse Page 22 of 48 GARDEN ST INDUSTRIAL DR N FERDON BLVD THIRD AVE THIRD AVE N FERDON BLVD THIRD AVE CurrentFuture Land Use¯ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET 0 15075 Feet Legend Subject City Limits City Future Land Commercial (C)Industrial (IN)Mixed Use (MU)Conservation (CON)Public Lands (PL)Residential (R) County Future Land Mixed Use (MU) Page 23 of 48 GARDEN ST INDUSTRIAL DR N FERDON BLVD THIRD AVE THIRD AVE N FERDON BLVD THIRD AVE CurrentZoning¯ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET 0 15075 Feet Legend Subject Parcel City Limits City ZoningSingle Family Estate Dwelling District (R-1E)Single Family Low Density District (R-1)Single Family Medium Density District (R-2)Single and Multi-Family Dwelling District(R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E) County ZoningMixed Use (MU) Page 24 of 48 GARDEN ST INDUSTRIAL DR N FERDON BLVD THIRD AVE THIRD AVE N FERDON BLVD THIRD AVE ProposedFuture Land Use ¯ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET 0 15075 Feet Legend Subject Parcel City Limits City Future Land Commercial (C) Industrial Mixed Use Conservation Public Lands (PL) Residential (R) County Future Land Mixed Use Page 25 of 48 GARDEN ST INDUSTRIAL DR N FERDON BLVD THIRD AVE THIRD AVE N FERDON BLVD THIRD AVE ProposedZoning¯ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET 0 15075 Feet Legend Subject Parcel City Limits City Zoning Single Family Estate Dwelling District(R-1E)Single Family Low Density District (R-1)Single Family Medium Density District(R-2)Single and Multi-Family DwellingDistrict (R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN) Public Lands (P) Conservation (E) County Zoning Mixed Use (MU) Page 26 of 48 CITY OF CRESTVIEW Item # 6.2. Staff Report PLANNING AND DEVELOPMENT BOARD MEETING DATE: November 7, 2022 TYPE OF AGENDA ITEM: 1st Reading/PH/PDB Board TO: Planning and Development Board CC: City Manager and City Attorney FROM: Community Development Services DATE: 11/3/2022 SUBJECT: Ordinance 1910 - North Ferdon & Third Ave Comprehensive Plan Amendment BACKGROUND: On September 9, 2022, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located at 1202 N Ferdon Boulevard. 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 request for a comprehensive plan amendment will be presented to City Council via Ordinance 1910 on November 14 for the first reading. DISCUSSION: The property description is as follows: Property Owner: O'Daniels Jason & April M 411 Pendo Pl Crestview, FL 32536 Parcel ID: 04-3N-23-1840-0004-0080 Site Size: 0.37 acres Current FLU: Okaloosa County Mixed Use Current Zoning: Okaloosa County Mixed Use Current Land Use: Commercial The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Okaloosa County Mixed Use Okaloosa County Mixed Use Residential & Vacant East Okaloosa County Mixed Use Okaloosa County Mixed Use Commercial South Commercial (C) Commercial Low-Intensity District (C-1) Vacant West Okaloosa County Mixed Use Okaloosa County Mixed Use Residential & Commercial Page 27 of 48 The subject property is currently developed for commercial use use and a development application has not been submitted. Based on the requested land-use and zoning designations, the property use will continue as commercial. 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 October 14, 2022. The property was posted on October 25, 2022. An advertisement ran in the Crestview News Bulletin on November 3 & 10, 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 a recommendation to the City Council to adopt Ordinance 1910. Attachments 1. Exhibit Packet Page 28 of 48 ORDINANCE: 1910 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 0.37 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 Mixed Use to Commercial (C) on a parcel of land containing 0.37 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 0.37 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 0.37 acres, more or less, is known as Parcel 04-3N-23-1840-0004-0080 and commonly described as: Lots 8 and 9, Block 4, Oakdale Miniature Farms, according to the plat thereof on file in Plat Book 1, Page(s) 129 in the Office of the Clerk of Circuit Court, Okaloosa County, Florida. The Commercial (C) Future Land Use Category is hereby imposed on Parcel 04-3N-23-1840-0004-0080. 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-23-1840-0004-0080 thereon. Page 29 of 48 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 12th day of December, 2022. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 12th day of December, 2022. ______________________________________ J. B. Whitten Mayor Page 30 of 48 Page 31 of 48 N FERDON BLVD OLD BETHEL RD AIRPORT RD HWY 85 N N FERDON BLVD Vicinity Map ¯ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET Not to Scale Subject Parcel(s) Page 32 of 48 GARDEN ST INDUSTRIAL DR N FERDON BLVD THIRD AVE THIRD AVE N FERDON BLVD THIRD AVE Existing Use¯ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET 0 15075 FeetLegend Subject Parcel City Limits Existing Use ChurchesClubs/LodgesFinancialGym/FitnessMunicipalNo AG AcreOffice BuildingPrivate SchoolRestaurantService ShopSingle FamilyStoresVacantVacant CommercialVacant/CommercialVehicle SaleWarehouse Page 33 of 48 GARDEN ST INDUSTRIAL DR N FERDON BLVD THIRD AVE THIRD AVE N FERDON BLVD THIRD AVE CurrentFuture Land Use¯ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET 0 15075 Feet Legend Subject City Limits City Future Land Commercial (C)Industrial (IN)Mixed Use (MU)Conservation (CON)Public Lands (PL)Residential (R) County Future Land Mixed Use (MU) Page 34 of 48 GARDEN ST INDUSTRIAL DR N FERDON BLVD THIRD AVE THIRD AVE N FERDON BLVD THIRD AVE CurrentZoning¯ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET 0 15075 Feet Legend Subject Parcel City Limits City ZoningSingle Family Estate Dwelling District (R-1E)Single Family Low Density District (R-1)Single Family Medium Density District (R-2)Single and Multi-Family Dwelling District(R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E) County ZoningMixed Use (MU) Page 35 of 48 GARDEN ST INDUSTRIAL DR N FERDON BLVD THIRD AVE THIRD AVE N FERDON BLVD THIRD AVE ProposedFuture Land Use ¯ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET 0 15075 Feet Legend Subject Parcel City Limits City Future Land Commercial (C) Industrial Mixed Use Conservation Public Lands (PL) Residential (R) County Future Land Mixed Use Page 36 of 48 GARDEN ST INDUSTRIAL DR N FERDON BLVD THIRD AVE THIRD AVE N FERDON BLVD THIRD AVE ProposedZoning¯ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET 0 15075 Feet Legend Subject Parcel City Limits City Zoning Single Family Estate Dwelling District(R-1E)Single Family Low Density District (R-1)Single Family Medium Density District(R-2)Single and Multi-Family DwellingDistrict (R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN) Public Lands (P) Conservation (E) County Zoning Mixed Use (MU) Page 37 of 48 CITY OF CRESTVIEW Item # 6.3. Staff Report PLANNING AND DEVELOPMENT BOARD MEETING DATE: November 7, 2022 TYPE OF AGENDA ITEM: 1st Reading/PH/PDB Board TO: Planning and Development Board CC: City Manager and City Attorney FROM: Community Development Services DATE: 11/3/2022 SUBJECT: Ordinance 1911 - North Ferdon & Third Ave Rezoning BACKGROUND: On September 9, 2022, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located at 1202 N Ferdon Boulevard. 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 request for rezoning will be presented to City Council via Ordinance 1911 on November 14, 2022 for the first reading. DISCUSSION: The property description is as follows: Property Owner: O'Daniels Jason & April M 411 Pendo Pl Crestview, FL 32536 Parcel ID: 04-3N-23-1840-0004-0080 Site Size: 0.37 acres Current FLU: Okaloosa County Mixed Use Current Zoning: Okaloosa County Mixed Use Current Land Use: Commercial The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Okaloosa County Mixed Use Okaloosa County Mixed Use Residential & Vacant East Okaloosa County Mixed Use Okaloosa County Mixed Use Commercial South Commercial (C) Commercial Low-Intensity District (C-1) Vacant West Okaloosa County Mixed Use Okaloosa County Mixed Use Residential & Commercial Page 38 of 48 The subject property is currently developed for commercial use use and a development application has not been submitted. Based on the requested land-use and zoning designations, the property use will continue as commercial. 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 October 14, 2022. The property was posted on October 25, 2022. An advertisement ran in the Crestview News Bulletin on November 3 & 10, 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 a recommendation to the City Council to adopt Ordinance 1911. Attachments 1. Exhibit Packet Page 39 of 48 ORDINANCE: 1911 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR THE REZONING OF 0.37 ACRES, MORE OR LESS, OF REAL PROPERTY, LOCATED IN SECTION 4, 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 0.37 acres, more or less, of real property lying within the corporate limits of Crestview, Florida, with 0.37 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 1910, is hereby rezoned to Commercial Low-Intensity District (C- 1) to wit: PIN # 04-3N-23-1840-0004-0080 Lots 8 and 9, Block 4, Oakdale Miniature Farms, according to the plat thereof on file in Plat Book 1, Page(s) 129 in the Office of the Clerk of Circuit Court, 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. 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. Page 40 of 48 SECTION 8 – EFFECTIVE DATE. The effective date of this Ordinance shall be the date Comprehensive Plan Amendment is adopted by Ordinance # 1910 and becomes legally effective. Passed and adopted on second reading by the City Council of Crestview, Florida on the 12th day of December, 2022. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 12th day of December, 2022. ______________________________________ J. B. Whitten Mayor Page 41 of 48 Page 42 of 48 N FERDON BLVD OLD BETHEL RD AIRPORT RD HWY 85 N N FERDON BLVD Vicinity Map ¯ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET Not to Scale Subject Parcel(s) Page 43 of 48 GARDEN ST INDUSTRIAL DR N FERDON BLVD THIRD AVE THIRD AVE N FERDON BLVD THIRD AVE Existing Use¯ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET 0 15075 FeetLegend Subject Parcel City Limits Existing Use ChurchesClubs/LodgesFinancialGym/FitnessMunicipalNo AG AcreOffice BuildingPrivate SchoolRestaurantService ShopSingle FamilyStoresVacantVacant CommercialVacant/CommercialVehicle SaleWarehouse Page 44 of 48 GARDEN ST INDUSTRIAL DR N FERDON BLVD THIRD AVE THIRD AVE N FERDON BLVD THIRD AVE CurrentFuture Land Use¯ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET 0 15075 Feet Legend Subject City Limits City Future Land Commercial (C)Industrial (IN)Mixed Use (MU)Conservation (CON)Public Lands (PL)Residential (R) County Future Land Mixed Use (MU) Page 45 of 48 GARDEN ST INDUSTRIAL DR N FERDON BLVD THIRD AVE THIRD AVE N FERDON BLVD THIRD AVE CurrentZoning¯ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET 0 15075 Feet Legend Subject Parcel City Limits City ZoningSingle Family Estate Dwelling District (R-1E)Single Family Low Density District (R-1)Single Family Medium Density District (R-2)Single and Multi-Family Dwelling District(R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conservation (E) County ZoningMixed Use (MU) Page 46 of 48 GARDEN ST INDUSTRIAL DR N FERDON BLVD THIRD AVE THIRD AVE N FERDON BLVD THIRD AVE ProposedFuture Land Use ¯ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET 0 15075 Feet Legend Subject Parcel City Limits City Future Land Commercial (C) Industrial Mixed Use Conservation Public Lands (PL) Residential (R) County Future Land Mixed Use Page 47 of 48 GARDEN ST INDUSTRIAL DR N FERDON BLVD THIRD AVE THIRD AVE N FERDON BLVD THIRD AVE ProposedZoning¯ PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURVEY FEET 0 15075 Feet Legend Subject Parcel City Limits City Zoning Single Family Estate Dwelling District(R-1E)Single Family Low Density District (R-1)Single Family Medium Density District(R-2)Single and Multi-Family DwellingDistrict (R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN) Public Lands (P) Conservation (E) County Zoning Mixed Use (MU) Page 48 of 48