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HomeMy Public PortalAbout06122023 City Council Regular Meeting Agenda Packet CITY COUNCIL REGULAR MEETING AGENDA June 12, 2023 6:00 P.M. CITY COUNCIL CHAMBERS The Public is invited to view our 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. Call to Order 2. Invocation, Pledge of Allegiance 2.1. Pastor Ronnie Bearden of First United Methodist Church 3. Open Policy Making and Legislative Session 4. Approve Agenda 5. Presentations and Reports 5.1. Kiwanis Club Presentation 6. Consent Agenda 6.1. Approval of Minutes of May 22, 2023 6.2. Cartegraph CMMS Software Contract 6.3. AXON Taser/Cameras Contract 7. Public Hearings / Ordinances on Second Reading 8. Ordinances on First Reading 8.1. Ord. 1932 - Third Avenue Annexation 8.2. Ord. 1933 - Third Avenue Comprehensive Plan Amendment 8.3. Ord. 1934 - Third Avenue Rezoning 8.4. Ord. 1935 - Brookmeade Avenue Annexation 8.5. Ord. 1936 - Brookmeade Avenue Comprehensive Plan Amendment 8.6. Ord. 1937 - Brookmeade Avenue Rezoning 9. Resolutions 10. Action Items Page 1 of 133 10.1. Main Street Improvements Constructability Review and CEI Services 10.2. Conceptual Plat - White Wolf Run 10.3. Conceptual Plat - Cherry Brook Subdivision 11. City Clerk Report 12. City Manager Report 13. Comments from the Mayor and Council 14. Comments from the Audience 15. Adjournment 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@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 2 of 133 CITY OF CRESTVIEW Item # 5.1. Staff Report CRA MEETING DATE: June 12, 2023 TYPE OF AGENDA ITEM: Presentation TO: CRA Board CC: City Manager, City Clerk, Staff and Attorney FROM: Elizabeth Roy, CRA Director DATE: 6/8/2023 SUBJECT: Kiwanis Club Presentation BACKGROUND: The Kiwanis Club of Crestview recently sponsored the Memorial Day Service for the City of Crestview. DISCUSSION: During the Memorial Day Service, the Kiwanis Club received assistance from several City of Crestview Departments. The Club would like to recognize the following departments: Fire and Police Combined Honor Guard, the Public Information Office, and Parks and Recreation/Facility Services for their help with the event. 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 None RECOMMENDED ACTION Page 3 of 133 No action necessary Attachments None Page 4 of 133 CITY OF CRESTVIEW Item # 6.1. Staff Report CITY COUNCIL MEETING DATE: June 12, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Maryanne Schrader DATE: 5/24/2023 SUBJECT: Approval of Minutes of May 22, 2023 BACKGROUND: Routine Approval of Minutes DISCUSSION: Draft minutes were distributed prior to the meeting. 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 Staff respectfully requests a motion to approve the minutes of May 22, 2023. Page 5 of 133 Attachments 1. 05222023 City Council Regular Meeting Minutes Draft Page 6 of 133 1 | Page City Council Regular Meeting Minutes - DRAFT May 22, 2023 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, Joe Blocker, and Ryan Bullard. Also present: City Manager Tim Bolduc, City Clerk Maryanne Schrader, City Attorney Jonathan Holloway, and various staff members. 2. Invocation, Pledge of Allegiance 2.1. Esme Graff, Ministry Leader - Crosspoint South The Invocation and Pledge of Allegiance was led by Esme Graff, Ministry Leader for Crosspoint South. 3. Open Policy Making and Legislative Session Mayor JB Whitten announced there was a quorum. 4. Approve Agenda Mayor JB Whitten requested that Agenda item 10.1 be moved right after the presentations and then called for action. Motion by Councilmember Joe Blocker and seconded by Mayor Pro-Tem Andrew Rencich to approve the agenda, as amended. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan Bullard. All ayes. Motion carried. 5. Presentations and Reports 5.1. Presentation of Awards - John Hamilton, VFW Mayor JB Whitten asked John Hamilton of the Veterans of Foreign Wars to come forward to present the awards. A Certificate of Appreciation was presented to Sgt. Willie Butler for Law Enforcement of the Year. A Certificate of Appreciation was presented to Lieutenant Joseph Scott for Firefighter of the Year. Lt. Rodney Lancaster presented a Certificate of Appreciation for a Lifesaving Award to Barbara Beadle for her heroic efforts in saving John Hamilton. 5.2. Recognition of Precision Leadership, LLC and Graduates Mayor JB Whitten and City Manager T. Bolduc presented a Certificate of Appreciation to Cole Randall of Precision Leadership. Page 7 of 133 2 | Page City Manager T. Bolduc recognized several of the graduates of the Precision Leadership Leadershift program stating he believes in investing in the future. 5.3. Presentation of the City of Crestview Bulldog Award Mayor JB Whitten presenting certificates of Achievement to several of the outstanding Crestview High School Bulldogs. He explained that they look for traits that make a student worthy of recognition that include but are not limited to leadership, perseverance, dedication, and selflessness. Joshua Cadenhead and Lauren Milgram were the April recipients and Lamari Thomas and Joshean Figueroa were the May recipients. 5.4. Proclamation declaring the week of May 21 - May 27, 2023 as Public Services Week Mayor JB Whitten presented a proclamation to representatives of Public Services declaring May 21 - May 27, 2023 as Public Services Week. 6. Action Items 6.1. Award of Solid Waste/Disposal Services Contract City Manager T. Bolduc stated the bid opening was held on April 28th and we received bids from four vendors. A selection committee was formed, and scoring was done to select three to conduct presentations. The selection committee has recommended that Adams Sanitation be awarded the contract. There were two stipulations - proof of ability to secure equipment, and the Public Services director needed to review the software. Both requirements have been met. He added the representatives of the top three vendors are present to answer any questions. Mayor JB Whitten asked for comments from the Council. Discussion ensued on being able to view the presentations, problems with service from Waste Pro and direct questions from Adams Sanitation regarding staffing capability. Nathan Boyles of Adams Sanitation responded that the firm has 70 plus employees which includes a female workforce and added that portion of the workforce is higher than other firms in the industry. He also mentioned they have 30 trucks in the fleet and are growing. Rich Chancey, Division VP of Waste Pro, stated he oversees the coastal regions. He went over the community involvement, their response for hurricane clean up, provided several references and went over the financial stability. The company had added a team member to improve service, as well. He requested an extension of their contract to proceed with negotiations. Shannon Hayes came forward and stated he had numerous calls complaint while he was involved on the Council. He acknowledged there have been a few improvements but stated it is time to move on to another company. Councilmember D. Capps said Waste Management was too costly, as we cannot double the citizens' fees based on the base cost. Page 8 of 133 3 | Page City Manager T. Bolduc said the rates are going up with a new contract. Residents are currently paying $25.95 monthly which includes yard waste. Our negotiations will be Adams Sanitation Alternate 1 is for two times a week with once-a-week yard waste for $33.98. Waste Pro offered $37.22, and Waste Management was $59.01. During discussion, the committee decided to go with the personal approach. Adams Sanitation will add a customer service representative at City Hall. He added the commercial cost is also lower but there will be an increase. Motion by Councilmember Ryan Bullard and seconded by Mayor Pro-Tem Andrew Rencich to accept the recommendation of the proposal evaluation committee and award the solid waste contract to Adams Sanitation and approve the City Manager and the City Attorney to negotiate the final terms of the contract for signature by the Mayor. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan Bullard. All ayes. Motion carried. Mayor Pro-Tem A. Rencich excused himself from the rest of the meeting. 7. Consent Agenda Mayor JB Whitten called for action. Motion by Councilmember Douglas Capps and seconded by Councilmember Cynthia Brown to approve the Consent Agenda, as presented. Roll Call: Joe Blocker, Cynthia Brown, Andrew Rencich, Douglas Capps, Ryan Bullard. All ayes. Motion carried. 7.1. Memorandum of Understanding – Staybridge Suites 7.2. Crestview WWTP Effluent Reuse Master Plan 7.3. Annual Paving Contract 7.4. Approval of Minutes of May 8, 2023 8. Public Hearings / Ordinances on Second Reading – Nothing brought forward. 9. Ordinances on First Reading – Nothing brought forward. 10. Resolutions 10.1. Resolution 2023-09 Budget Amendment Wendy Buttke presented Resolution 2023-09 regarding the amendment to the budget to the City Council mentioning it will accurately reflect the estimated revenues and appropriations. She then asked the City Clerk to read Resolution 2023-09. Page 9 of 133 4 | Page City Clerk Maryanne Schrader read the Resolution by title: A Resolution of the City of Crestview, Florida, Amending the Budget to More Accurately Reflect Revenues and Appropriations. The Amendments are the Result of Various Prior Year Projects not Completed In FY 2022 Therefore Rolling To FY 2023 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 Councilmember Cynthia Brown and seconded by Councilmember Joe Blocker to adopt Resolution 2023-09. Roll Call: Joe Blocker, Cynthia Brown, Douglas Capps, Ryan Bullard. All ayes. Motion carried. 10.2. Resolution 2023-10 Adoption of the Local Housing Assistance Plan City Manager Tim Bolduc stated Resolution 2023-10 is an Adoption of the Local Housing Assistance Plan. He has been working with staff on establishing the program. The goal is to separate us from the County, so we will have programs that directly assist our residents. This is a tool that will be able to assist with deposits, as well. The City should yield $125,000 to $130,000 with the program. City Manager Tim Bolduc asked the City Clerk to read the Resolution. City Clerk Maryanne Schrader read the Resolution by title: A Resolution of the City Council of the City of Crestview Florida Approving the Local Housing Assistance Plan as Required by the State Housing Initiatives Partnership Program Act, Subsections 420.907-420.9079, Florida Statutes; and Rule Chapter 67-37, Florida Administrative Code; Authorizing and Directing the Mayor to Execute any Necessary Documents and Certifications Needed by the State; Authorizing the Submission of the Local Housing Assistance Plan for Review and Approval by the Florida Housing Finance Corporation; and Providing an Effective Date. Mayor JB Whitten called for comment from the Council from the public. In hearing none, he called for action. Motion by Councilmember Cynthia Brown and seconded by Councilmember Ryan Bullard to adopt Resolution 2023-10. Roll Call: Joe Blocker, Cynthia Brown, Douglas Capps, Ryan Bullard. All ayes. Motion carried. 10.3. Resolution 2023-11 Fire Truck Lease Agreement City Manager Tim Bolduc presented Resolution 2023-11, Fire Truck Lease Agreement to the City Council. He stated the rate is 5.2%, which is good for now, however, we may opt to pay the lease earlier. It will take about a year to build the truck. We have added $200,000 for standardization of equipment. This will help keep the truck operating with good, safe equipment. Page 10 of 133 5 | Page City Manager Tim Bolduc asked the City Clerk to read the Resolution. City Clerk Maryanne Schrader read the Resolution by title: A Resolution of the City of Crestview, Florida, Authorizing the Financing of Fire Equipment in the Amount of $1,604,093.66 Providing for Payment of such Financing, Making Certain Covenants and Agreements in Connection Therewith, 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 Councilmember Douglas Capps and seconded by Councilmember Cynthia Brown to adopt Resolution 2023-11. Roll Call: Joe Blocker, Cynthia Brown, Douglas Capps, Ryan Bullard. All ayes. Motion carried. 11. City Clerk Report 11.1. Monthly Update City Clerk M. Schrader mentioned the update is in the staff report but wanted to mention she is meeting with Administrative Services to review the Code updates to merge information for departmental review. For public records in the month of April, we received 46 new requests and released 50 documents for the period. We have received $74.00 from invoices in this reporting period. 12. City Manager Report 12.1. Financial Update - Finance Director Finance Director Gina Toussaint stated the staff report contains the March expense report and April expenditures. She encouraged the Council to come by and she would go over the information in detail, if needed. City Manager T. Bolduc displayed the financials on the monitor depicting the restricted cash. He said we have almost $16 million in undesignated reserves. He said we will review what we have borrowed and look at cash expenditures with the interest rates being high and may decide to pay with cash reserves. He said we are in strong standing and fully funded in all categories. In response to Councilmember C. Brown, regarding having any balloon payments, City Manager T. Bolduc replied that we do not have any. 12.2. Monthly Department Report - Administrative Services Administrative Services Director Jessica Leavins provided an update. She introduced Dennis Barnes, Barnes Financial Services, who came forward to explain the insurance updates. He acknowledged Jessica's work in improving the numbers. He announced the city will get a return of our premium and share in the gains, reporting $182,202 will be received to the city with the pro-share agreement. He updated the Blue Value Solutions program which engages employees in healthier lifestyles. He said we will have a 4% health insurance increase in the next year, but the average increase is between 9 to 12%. That is a savings of $129,076 alone. Page 11 of 133 6 | Page Administrative Services Director Jessica Leavins stated we had an increase of 10% in participation and 10% lower in health issues, as the critical values were halved. She advised Council on the staffing stating we are able to stay competitive. We had 30 new hires and went over employee longevity, training, and educational incentives. City Manager T. Bolduc applauded Jessica and her staff. He added the premium gain will be given back to the employees to benefit them. 13. Comments from the Mayor and Council Councilmember D. Capps thanked the Solid Waste committee for their hard work. He reminded all to attend the May Day parade and ceremony at Allen Park, as well as the Memorial Day celebration. Councilmember R. Bullard said he has visited Parks, Fire and Financing. He applauded Gina and said his concerns were addressed. He added he is anxious to see handicap modifications at Twin Hills Park. Councilmember Joe Blocker asked about the 30 hires, and City Manager T. Bolduc explained they are replacements. He added staffing has only gone up 5%. We are only two officers from being fully staffed. We have 51 officers and have approved two more. Mayor JB Whitten said the presentation at Carver Hill of the Emancipation Proclamation from Alex Barthé was well done. The family movie night was successful. Crestview Chorus has had three recent performances. He reminded everyone that the May Day Parade starts at 10 a.m. He invited everyone to come to the Memorial Ceremony on May 29th at the Veterans Memorial. Councilmember C. Brown asked about the left turn signal at Crestview Commons. City Manager T. Bolduc explained the history of when the funding became available for the Department of Transportation project which had already been approved from the bridge to Redstone. He went over the road modifications that were done to improve the entrance way for the new development, the movement of traffic by creating a side entrance to Panera Bread, and how the city partnered together with FDOT and the developer to create the turn lane. He applauded PS Director Michael Criddle and his efforts to ensure the traffic light is opened correctly and how the opening was phased-in so the development could be opened timely. He added the contractor has about 200 days on the contract to construct the northbound turn lane. 14. Comments from the Audience Shannon Hayes came forward to recognize the city attorney, city manager, mayor and Councilmember Capps for working together to ensure the May Day celebration would be successful. He asked about the million dollars in the CARES fund and City Manager T. Bolduc replied it is allocated for Main street improvements. 15. Adjournment Mayor JB Whitten adjourned the meeting at 7:24 p.m. Page 12 of 133 7 | Page Minutes approved this __ day of __, 2023. _____________________________________ JB Whitten Mayor Maryanne Schrader City Clerk Proper Notice having been duly given Page 13 of 133 CITY OF CRESTVIEW Item # 6.2. Staff Report CITY COUNCIL MEETING DATE: June 12, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Michael Criddle, Public Services Director DATE: 6/8/2023 SUBJECT: Cartegraph CMMS Software Contract BACKGROUND: The City of Crestview sought a Computerized Maintenance Management Software (CMMS) to help optimize the maintenance operations, asset management, and work order creation and tracking. The Public Services Department would like increased visibility into the condition of assets, and the work being performed to maintain and extend the life of these assets. The RFP was issued and eight (8) vendors responded to the request. The top four (4) were chosen for live demonstrations, and the selection committee voted to select Cartegraph as the CMMS software supplier for the City. The selection committee vote tally is attached. DISCUSSION: The CMMS software will be utilized by all divisions of Public Services to create and track work orders and assets for the Water, Sewer, Streets, Stormwater, Fleet Maintenance, and Engineering. The software is GIS based, providing the graphical platform to streamline and automate maintenance management tasks, as well as reporting, life-cycle, and depreciation. Cartegraph is used by over 750 government clients throughout the country, including Okaloosa County. This commonality will allow for the sharing of information and mapping capabilities between the City and County, further enhancing our capabilities. 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 FINANCIAL IMPACT Page 14 of 133 The CMMS software and implementation cost is a budgeted item in this year's Public Services account #001- 0510-519.63-00. The first year cost is $101,024.64, which includes implementation services ($56,700.00) and annual software subscription ($44,324.64). RECOMMENDED ACTION Staff respectfully requests a motion to approve the Mayor to sign the Cartegraph (OpenGov) Software Services Agreement. Attachments 1. Demo Tally - April 5 and April 6 2. OpenGov SSA - 2023 (4) 3. OpenGov SSA - 2023 - City revisions 6-8-23 Page 15 of 133 RFP 23-01-12-PS - CMMS Software Demo April 5 and April 6, 2023 Scores were ranked on a scale of 1 to 5 with #1 being the most liked overall and #4 being the least liked overall Committee Cityworks Cartegraph Central Square Kloudgin Jayce V.3 2 4 1 Brendon B.2 1 4 3 Carlos J.4 1 3 2 Heather S.4 1 3 2 Robin T.4 1 3 2 Michael C.4 1 3 2 Wendy B.3 1 4 2 Stephanie R.4 1 3 2 Dawn B.4 1 3 2 Total #1:Cartegraph = 8 Total #2:KloudGin = 7 Total #3:Central Square = 6 Total #4:Cityworks = 6 Cartegraph received 8 votes out of 9 raters for #1 choice KloudGin received 7 votes out of 9 raters for #2 choice Page 16 of 133 Page 17 of 133 OpenGov Software Services Agreement 1 updated Feb 2023 dp OpenGov Software Services Agreement This Software Services Agreement (“Agreement”) is entered into by OpenGov, Inc., a Delaware corporation with a principal place of business at 6525 Crown Blvd #41340, San Jose, CA 95160 (“OpenGov”) and the Customer listed on the signature block below (“Customer”), as of the date of the last signature below (the “Effective Date”). This Agreement sets forth the terms under which Customer will be permitted to use OpenGov’s hosted software services. 1. DEFINITIONS “Customer Data” means data that is provided by Customer to OpenGov pursuant to this Agreement (for example, by email or through Customer’s software systems of record), excluding any confidential personally identifiable information. “Documentation” means the documentation for the Software Services at the Customer Resource Center page found at https://opengov.zendesk.com. “Feedback” means suggestions, comments, improvements, ideas, or other feedback or materials regarding the Software Services provided by Customer to OpenGov, including feedback provided through online developer community forums. “Intellectual Property Rights” means all intellectual property rights including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature. “Order Form” means OpenGov’s Software Services order form that: (a) specifies the Software Services provided by OpenGov; (b) references this Agreement; and (c) is signed by authorized representatives of both parties. 2. SOFTWARE SERVICES, SUPPORT AND PROFESSIONAL SERVICES 2.1. Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially reasonable efforts to perform the software services identified in the applicable Order Form entered into by OpenGov and Customer (“Software Services”). 2.2. Support & Service Levels. Customer support is available by email to support@opengov.com or by using the chat messaging functionality of the Software Services, both of which are available during OpenGov’s standard business hours. Customer may report issues any time. However, OpenGov will address issues during business hours. OpenGov will provide support for the Software Services in accordance with the Support and Software Service Levels found at https://opengov.com/service-sla, as long as Customer is entitled to receive support under the applicable Order Form and this Agreement. 2.3. Professional Services. 2.3.1. If OpenGov or its authorized independent contractors provides professional services to Customer, such as implementation services, then these professional services will be described in a statement of work (“SOW”) or Order Form agreed to by the parties (the “Professional Services”). Unless otherwise specified in the SOW or Order Form, any pre- paid Professional Services Fees must be utilized within one (1) year from the Effective Date. Page 18 of 133 OpenGov Software Services Agreement 2 updated Feb 2023 dp Any unused pre-paid Professional Services Fees shall be forfeited. 2.3.2. Estimated expenses shall be included in each Order Form or SOW. Customer shall reimburse OpenGov for reasonable expenses OpenGov incurs providing Professional Services. Reasonable expenses include, but are not limited to, travel, lodging, and meals. Expenses are billed based on actual costs incurred. OpenGov shall not exceed the estimated expenses without written approval from Customer. 3. RESTRICTIONS AND RESPONSIBILITIES 3.1. Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as expressly permitted by the Software Terms. Customer shall not, and shall not permit or enable any third party to: (a) use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble, decompile, reverse engineer or otherwise make any derivative use of the Software Services (except to the extent applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) perform or disclose any benchmarking or performance testing of the Software Services; (e) remove any proprietary notices included with the Software Services; (f) use the Software Services in violation of applicable law; or (g) transfer any confidential personally identifiable information to OpenGov or the Software Services platform. 3.2. Responsibilities. Customer is responsible for obtaining and maintaining computers and third party software systems of record (such as Customer’s ERP systems) needed to connect to, access or otherwise use the Software Services. Customer also shall be responsible for: (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all uses of Customer user accounts by any party other than OpenGov. 4. INTELLECTUAL PROPERTY RIGHTS; LICENSE GRANTS; ACCESS TO CUSTOMER DATA 4.1. Software Services. OpenGov retains all right, title, and interest in the Software Services and all Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts, graphics and button icons, are the property of OpenGov and Customer may not copy, imitate, or use them, in whole or in part, without OpenGov’s prior written consent. Subject to Customer’s obligations under this Agreement, OpenGov hereby grants to Customer a non-exclusive, royalty-free license during the Term to use the Software Services. 4.2. Customer Data. Customer retains all right, title, and interest in the Customer Data and all Intellectual Property Rights therein. Customer hereby grants to OpenGov a non-exclusive, royalty-free license to, and permit its partners (which include, without limitation the hosting providers of the Software Services) to, use, store, edit and reformat the Customer Data, and to use Customer Data for purposes of sales, marketing, business development, product enhancement, customer service, or for analyzing such data and publicly disclosing such analysis (“Insights”), provided that in all such uses Customer Data is rendered anonymous such that Customer is no longer identifiable. 4.3. Access to Customer Data. Customer may download the Customer Data from the Software Services at any time during the Term, other than during routine software maintenance periods. OpenGov has no obligation to return Customer Data to Customer. Page 19 of 133 OpenGov Software Services Agreement 3 updated Feb 2023 dp 4.4. Feedback. Customer hereby grants to OpenGov a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to use and incorporate into the Software Services and Documentation Customer’s Feedback. OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation based on or derived from any of Customer’s Feedback including all Intellectual Property Rights in and to the improvements and modifications. 5. CONFIDENTIALITY 5.1. Each party (the “Receiving Party”) agrees not to disclose any Confidential Information of the other party (the “Disclosing Party”) without the Disclosing Party’s prior written consent, except as provided below. The Receiving Party further agrees: (a) to use and disclose the Confidential Information only in connection with this Agreement; and (b) to protect such Confidential Information using the measures that Receiving Party employs with respect to its own Confidential Information of a similar nature, but in no event with less than reasonable care. Notwithstanding the above, the Receiving Party may disclose Confidential Information to the extent required by law or court order, provided that prior written notice of such required disclosure and an opportunity to oppose or limit disclosure is given to the Disclosing Party. 5.2. “Confidential Information" means all confidential business, technical, and financial information of the disclosing party that is marked as “Confidential” or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure (including this Agreement). OpenGov’s Confidential Information includes, without limitation, the software underlying the Software Services and all Documentation. 5.3. Notwithstanding the foregoing, “Confidential Information” does not include: (a) “Public Data,” which is data that the Customer has previously released to the public, would be required to release to the public, upon request, according to applicable federal, state, or local public records laws, or Customer requests OpenGov make available to the public in conjunction with the Software Services. Confidential Information does not include (b) information that has become publicly known through no breach by the receiving party; (c) information that was rightfully received by the Receiving Party from a third party without restriction on use or disclosure; or (d) information independently developed by the Receiving Party without access to the Disclosing Party’s Confidential Information. 6. PAYMENT OF FEES 6.1. Fees; Invoicing; Payment; Expenses. 6.1.1. Fees. The fees for the Software Services for the Initial Term and any Renewal Term (“Software Services Fees”) and the fees for Professional Services (“Professional Services Fees”) are set forth in the applicable Order Form. Software Services Fees and Professional Services Fees shall hereafter be referred to as “Fees”. Except to the extent otherwise expressly stated in this Agreement or in an Order Form, (a) all obligations to pay Fees are non-cancelable and all payments are non-refundable, (b) Customer must pay all Fees due under all Order Forms and SOWs within 30 days after Customer receives each invoice (invoices are deemed received when OpenGov emails them to Customer’s designated billing contact); (c) the Software Service Fee shall be due annually in advance, and (d) Customer Page 20 of 133 OpenGov Software Services Agreement 4 updated Feb 2023 dp must make all payments without setoffs, withholdings or deductions of any kind. 6.1.2. Annual Software Maintenance Price Adjustment. OpenGov shall increase the Fees payable for the Software Services during any Renewal Term by 5% each year of the Renewal Term. 6.1.3. Invoicing and Payment. OpenGov will invoice the Customer according to the Billing Frequency listed on the Order Form or SOW. Customer shall pay all invoices according to the Payment Terms listed on the Order Form or SOW. 6.1.4. Travel Expenses. Unless the Order Form or SOW provides otherwise, OpenGov will invoice Customer for travel expenses, pre-approved by the Customer, incurred in connection with each Order Form as they are incurred. Each invoice will include receipts for all expenses listed. Customer shall pay all such invoices within 30 days. 6.1.5. Customer Delays; On Hold Fee. 6.1.5.1. On Hold Notice. Excluding delays caused by Force Majeure as described in Section 10.5, if OpenGov determines that Customer’s personnel or contractors are not completing Customer’s responsibilities described in the applicable SOW or Order Form timely or accurately, OpenGov shall promptly, but in no event more than 30 days from the date of such determination deliver to Customer a notice (an “On Hold Notice”) that (a) designates the Professional Services to be provided to the Customer as “On Hold”, (b) details Customer’s obligations and responsibilities necessary for OpenGov to continue performing the Professional Services, and (c) specifies the Customer shall be invoiced for lost time in production (e.g. delayed or lost revenue resulting from rescheduling work on other projects, delay in receiving milestone payments from Customer, equipment, hosting providers and human resources idle) for a fee equal to 10% of the first year Software Service Fee (the “On Hold Fee”). 6.1.5.2. Effects of On Hold Notice. Upon issuing an On Hold Notice, OpenGov shall be entitled, without penalty, to (a) reallocate resources otherwise reserved for the performance of the Professional Services, and (b) stop or caused to be stopped the Professional Services to be provided to the Customer until the Customer has fulfilled its obligations as set forth in the On Hold Notice. OpenGov shall remove the “On Hold” status, only upon Customer’s fulfillment of its obligations set out in the On Hold Notice, including payment of the On Hold Fee. Upon Customer’s fulfillment of its obligations in the On Hold Notice, OpenGov may, in its sole discretion, extend the timeline to complete certain Professional Services up to 6 weeks, depending on the availability of qualified team resources (OpenGov cannot guarantee that these team resources will be the same as those who were working on the project prior to it being placed On Hold). OpenGov shall bear no liability or otherwise be responsible for delays in the provision of the Professional Services occasioned by Customer’s failure to complete Customer’s responsibilities or adhere to a Customer schedule which were brought to the attention of the Customer on a timely basis, unless such delays result, directly or indirectly from the failure of OpenGov or its authorized independent contractors to perform the Professional Services in accordance with this Agreement or applicable Order Form or SOW. 6.2. Consequences of Non-Payment. If Customer fails to make any payments required under any Order Form or SOW, then in addition to any other rights OpenGov may have under this Agreement or applicable law, Customer will owe late interest penalty of 1.5% of the outstanding Page 21 of 133 OpenGov Software Services Agreement 5 updated Feb 2023 dp balance per month, or the maximum rate permitted by law, whichever is lower In addition, if Customer’s account remains delinquent (with respect to payment of a valid invoice) for 30 days after receipt of a delinquency notice from OpenGov, which may be provided via email to Customer’s designated billing contact, OpenGov may temporarily suspend Customer’s access to the Software Service for up to 90 days to pursue good faith negotiations before pursuing termination in accordance with Section 7. Customer will continue to incur and owe all applicable Fees irrespective of any such Service suspension based on such Customer delinquency. 6.3. Taxes. All Fees under this Agreement are exclusive of any applicable sales, value-added, use or other taxes (“Sales Taxes”). Customer is solely responsible for any and all Sales Taxes, not including taxes based solely on OpenGov’s net income. If any Sales Taxes related to the Fees under this Agreement are found at any time to be payable, the amount may be billed by OpenGov to, and shall be paid by, Customer. If Customer fails to pay any Sales Taxes, then Customer will be liable for any related penalties or interest, and will indemnify OpenGov for any liability or expense incurred in connection with such Sales Taxes. In the event Customer or the transactions contemplated by the Agreement are exempt from Sales Taxes, Customer agrees to provide OpenGov, as evidence of such tax exempt status, proper exemption certificates or other documentation acceptable to OpenGov. 7. TERM & TERMINATION 7.1. Initial Term. The Initial Term of this Agreement shall commence on the Effective Date and shall continue until the Subscription End Date specified on the Order Form, unless sooner terminated pursuant to Section 7.3 below. 7.2. Renewal Term. This Agreement shall automatically renew for another period of the same duration as the Initial Term (the “Renewal Term” and together with the Initial Term, the “Term”), unless either party notifies the other party of its intent not to renew this Agreement in writing no less than 30 days before the end of the Initial Term. 7.3. Termination. Neither party shall have the right to terminate this Agreement without a legally valid cause. If either party materially breaches any term of this Agreement and fails to cure such breach within 30 days after notice by the non-breaching party (10 days in the case of non- payment), the non-breaching party may terminate this Agreement. 7.4. Effect of Termination. In General. Upon termination pursuant to Section 7.3 or expiration of this Agreement pursuant to Section 7.1: 7.4.1. Customer shall pay in full for all Software Services and Professional Services performed up to and including the effective date of termination, (b) all Software Services provided to Customer hereunder shall immediately terminate; and (c) each party shall return to the other party or, at the other party’s option, destroy all Confidential Information of the other party in its possession. 7.4.2. Deletion of Customer Data. Unless otherwise requested pursuant to this Section 7.4.2, upon the expiration or termination of this Agreement the Customer Data, excluding any Insights, shall be deleted pursuant to OpenGov’s standard data deletion and retention practices. Upon written request, Customer may request deletion of Customer Data, excluding any Insights, prior to the date of termination or expiration of this Agreement. Such request must be addressed to “OpenGov Vice President, Customer Success” at OpenGov’s address for notice described at Section 10.2. Page 22 of 133 OpenGov Software Services Agreement 6 updated Feb 2023 dp 7.5. Survival. The following sections of this Agreement shall survive termination: Section 5 (Confidentiality), Section 6 (Payment of Fees), Section 7.4.2 (Deletion of Customer Data), Section 8.3 (Warranty Disclaimer), Section 9 (Limitation of Liability) and Section 10 (Miscellaneous). 8. REPRESENTATIONS AND WARRANTIES; DISCLAIMER 8.1. By OpenGov. 8.1.1. General Warranty. OpenGov represents and warrants that: (i) it has all right and authority necessary to enter into and perform this Agreement; and (ii) the Professional Services, if any, will be performed in a professional and workmanlike manner in accordance with the related statement of work and generally prevailing industry standards. For any breach of the Professional Services warranty, Customer’s exclusive remedy and OpenGov’s entire liability will be the re-performance of the applicable services. If OpenGov is unable to re-perform all such work as warranted, Customer will be entitled to recover all fees paid to OpenGov for the deficient work. Customer must make any claim under the foregoing warranty to OpenGov in writing within 90 days of performance of such work in order to receive such warranty remedies. 8.1.2. Software Services Warranty. OpenGov further represents and warrants that for a period of 90 days, the Software Services will perform in all material respects in accordance with the Documentation. The foregoing warranty does not apply to any Software Services that have been used in a manner other than as set forth in the Documentation and authorized under this Agreement. OpenGov does not warrant that the Software Services will be uninterrupted or error-free. Any claim submitted under this Section 8.1.2 must be submitted in writing to OpenGov during the Term. OpenGov’s entire liability for any breach of the foregoing warranty is to repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted or, if OpenGov is unable to do so, terminate the license for such Software Services and refund the pre-paid, unused portion of the Fee for such Software Services. 8.2. By Customer. Customer represents and warrants that (i) it has all right and authority necessary to enter into and perform this Agreement; (ii) OpenGov’s use of the Customer Data pursuant to this Agreement will not infringe, violate or misappropriate the Intellectual Property Rights of any third party, and (iii) the Customer has appropriated the funds for the first year of the Initial Term. 8.3. Disclaimer. OpenGov does not warrant that the Software Services will be uninterrupted or error- free. Nor does it make any warranty as to the results that may be obtained from use of the Software Services. Except as set forth in this Section, the Software Services are provided “as is” and OpenGov disclaims all other warranties, express or implied, including implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. 9. LIMITATION OF LIABILITY 9.1. By Type. Neither party, nor its suppliers, officers, affiliates, representatives, contractors, or employees will have any liability with respect to any subject matter of this agreement under any circumstances or any theory of liability (a) for error or interruption of use or for loss or inaccuracy of data or cost of procurement of substitute goods or services or loss of business; (b) for any indirect, exemplary, punitive, incidental, special, or Page 23 of 133 OpenGov Software Services Agreement 7 updated Feb 2023 dp consequential damages; or (c) for any matter beyond the party’s reasonable control, even if the party has been advised of the possibility of such loss or damage. 9.2. By Amount. In no event shall either party’s aggregate, cumulative liability for any claims arising out of or in any way related to this agreement exceed the fees paid by customer to OpenGov (or in the case of Customer, payable) for the Software Services under this Agreement in the 12 months prior to the act that gave rise to the liability. 9.3. Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and 9.2 above do not apply to, and each party accepts liability to the other for: (a) claims based on either party’s intentional breach of its obligations set forth in Section 5 (Confidentiality), (b) claims arising out of fraud or willful misconduct by either party and (c) either party’s unauthorized use, distribution, or disclosure of the other party’s intellectual property. 9.4. No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to the extent set forth above, some of the above limitations may not apply to Customer. 10. MISCELLANEOUS 10.1. Logo Use. OpenGov may use and display Customer’s logos and trade names for marketing and promotional purposes in connection with OpenGov’s website and marketing materials, subject to Customer’s trademark usage guidelines provided to OpenGov. 10.2. Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone communications. However, for notices, including legal notices, required by the Agreement (in Sections where the word “notice” appears) the parties must communicate more formally in a writing given by personal delivery, by pre-paid first-class mail or by overnight courier to the address specified in the most recent Order Form (or such other address as may be specified in writing in accordance with this Section). 10.3. Anti-corruption. Neither OpenGov nor any of its employees or agents has offered or provided any illegal or improper payment, gift, or transfer of value in connection with this Agreement. The parties will promptly notify each other if they become aware of any violation of any applicable anti-corruption laws in connection with this Agreement. 10.4. Injunctive Relief. The parties acknowledge that any breach of the confidentiality provisions or the unauthorized use of a party’s intellectual property may result in serious and irreparable injury to the aggrieved party for which damages may not adequately compensate the aggrieved party. The parties agree, therefore, that, in addition to any other remedy that the aggrieved party may have, it shall be entitled to seek equitable injunctive relief without being required to post a bond or other surety or to prove either actual damages or that damages would be an inadequate remedy. 10.5. Force Majeure. Neither party shall be held responsible or liable for any losses arising out of any delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of governmental authority, or due to war, riot, labor difficulty, or failure of performance by any third-party service, utilities, or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from performing. 10.6. Severability; Waiver. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. There are no third-party beneficiaries to this Agreement. Page 24 of 133 OpenGov Software Services Agreement 8 updated Feb 2023 dp 10.7. Assignment. Except as set forth in this Section, neither party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations to a third party without the other party's prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. Either party may assign, without such consent but upon written notice, its rights and obligations under this Agreement to: (i) its corporate affiliate; or (ii) any entity that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase, merger, consolidation, or otherwise. Any other attempted assignment is void. This Agreement will inure to the benefit of and bind each party’s permitted assigns and successors. 10.8. Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other party in any respect. 10.9. Attorneys’ Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. 10.10. Governing Law and Jurisdiction. This Agreement will be governed by the laws of the jurisdiction where the Customer’s headquarters are located. The parties agree to bring any dispute arising out of this Agreement in the courts of that jurisdiction and irrevocably to submit to the personal jurisdiction and venue of those courts for the adjudication of any such dispute. 10.11. Complete Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. Signature page follows. Page 25 of 133 OpenGov Software Services Agreement 9 updated Feb 2023 dp Signature Page to OpenGov Software Services Agreement Signatures Customer: ____________________ OPENGOV, INC. Signature: Signature: Name: Name: Title: Title: Date: Date: Page 26 of 133 CITY OF CRESTVIEW Item # 6.3. Staff Report CITY COUNCIL MEETING DATE: June 12, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Andrew Schneider, Stephen McCosker, Police Chief DATE: 6/8/2023 SUBJECT: AXON Taser/Cameras Contract BACKGROUND: The Crestview Police Department currently utilizes Axon Body Worn Camera systems and Axon Less-lethal Tasers. We are currently concluding the final year of a contractual term with Axon and they have offered an early-renewal term that would avoid some anticipated price increases by entering into an early renewal. DISCUSSION: Axon plans to increase pricing of services and equipment beginning in August of 2023. This cost increase is caused by an increase in expenses of production and will cause an increase to all Axon customers/clients which includes the Crestview Police Department. We are currently scheduled to renew our contract agreement in August of 2024. The price of Axon and Taser contract renewals will be increased significantly. The increase from our current cost of $120,083.59 will increase to $232,148.11. This is a proposed increase of $112,064.52 annually. Some of the increase includes the acquisition of additional equipment that is necessary to outfit new employees with Body Worn Cameras and Less Than Lethal Tasers. This current quote would outfit the entire police department with a complete kit, and implements new Body Worn Cameras that were not previously included in the current contract for new law enforcement officers, Animal Control, Code Enforcement and the city Fire Marshall. Axon has offered an early-renewal opportunity for current clients that will enter the clients into an agreement before the increase in the cost occurs. The agreement is a 5-year term and spreads a bulk cost over the 5 year period. The services will generally remain the same, with new equipment included, and per the terms of the agreement, all equipment is automatically replaced when the newest version of equipment is distributed at no additional cost. This keeps the department using the most-current versions of Body Worn Camera systems and Less Lethal Tasers. As the term agreement is explained, the anticipated increase for the necessary equipment would be an additional $250,891.87 over a five (5) year term. This equates to an additional increase of: $50,178.37 per year, should the discounted rate not be agreed upon within the early-renewal agreement date of June 30, 2023. This increase will occur for all agreements that are made after that date beginning August of 2023. This increase applies to any client who does not renew or becomes a new client. These increases are in anticipation of new products being released by the vendor that have a higher cost to manufacture and distribute. The above- described increase can be avoided by entering into an early-renewal agreement/contact with Axon. The new terms will avoid the increase that is anticipated are as follows and attached in a PDF. If the early-renewal contract is implemented, the increase for new equipment will be: $61,886.15 for years 2 through 5 ONLY. Currently we are contracted for $120,083.59 annually. Renewal will allow our first year to Page 27 of 133 continue at that rate without increase. (we will continue to pay our old price of $120,083.59 for year 1). For years 2 through 5 of the new contract, it will increase to: $181,969.74 annually. ($120,083.59 + 61,886.15= $181,969.74) This is for new equipment, outfitting the new members of the department and affiliated departments described above. This also continues with the over-all outfitting of all members of the department as well. If there is no agreement for the early-renewal, there will be an increase to $170,261.96 for the first year and $232,148.11 for years 2 through 5. This will exclude the discount for early-renewal at the discounted cost. The options for continued service are as follows: A. Total term with the discounted agreement, the cost will be: $847,961.91 for a 5 year discounted rate. B. If there is no early-renewal, the total term without the early-renewal discount will be: $1,098,853.78 for a 5 year non-discounted rate. We request the City Council approve an early-renewal contract agreement with Axon to benefit from the proposed savings in option "A" above. 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 FINANCIAL IMPACT There will be an assumed increase from the previous contract because there are additional Camera Systems and Less-Lethal Tasers than were in our previous agreement with Axon. There will be no additional increase or change for year one (1) (remains $120,083.59). Years 2 through 5, there will be an annual increase of: $61,886.15 (increases to $181,969.74 annually) if the early-renewal agreement/contract is implemented. If the early-renewal is NOT implemented, there will be an increase of: $50,178.37 for year one (1) (increases to Page 28 of 133 $170,261.96) and an additional $112,064.52 annual increase for years 2 through 5 (increases to $232,148.11 annually). The current year's budget will not be affected. RECOMMENDED ACTION Staff respectfully requests a motion that the City Council approve the early-renewal agreement/contract of Axon to receive the early-renewal discounted rate. Attachments 1. AXON Quote 2023 Page 29 of 133 Page 30 of 133 Page 31 of 133 Page 32 of 133 Page 33 of 133 Page 34 of 133 Page 35 of 133 Page 36 of 133 Page 37 of 133 Page 38 of 133 Page 39 of 133 CITY OF CRESTVIEW Item # 8.1. Staff Report PLANNING AND DEVELOPMENT BOARD MEETING DATE: June 12, 2023 TYPE OF AGENDA ITEM: 1st reading after PDB TO: Planning and Development Board CC: City Manager and City Attorney FROM: Community Development Services DATE: 6/8/2023 SUBJECT: Ord. 1932 - Third Avenue Annexation BACKGROUND: On May 10, 2023, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located at 2203 Third Avenue. 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 June 5, 2023. DISCUSSION: The property description is as follows: Property Owner: Smith Family Trust C/O Mary Joseph 124 Miracle Strip Pkwy SW Unit 1500 Ft Walton Beach, FL 32548 Parcel ID: 04-3N-23-1840-0001-0010 Site Size: 12.02 acres Current FLU: Okaloosa County Mixed Use Current Zoning: Okaloosa County Mixed Use Current Land Use: Residential The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Public Lands Public Lands Public School East Commercial & Okaloosa County Mixed Use Commercial Low-Intensity District (C-1), Commercial High-Intensity District (C-2) & Okaloosa County Mixed Use Vacant, Commercial & Residential South Mixed Use Mixed Use Vacant & Residential West Residential Single and Multi-Family Density Dwelling District (R-3) Vacant Page 40 of 133 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 can be developed for residential and/or 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 May 15, 2023. The property was posted on May 22, 2023. An advertisement ran in the Crestview News Bulletin on May 25 and June 1, 2023. 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 1932 to second reading for adoption. Page 41 of 133 Attachments 1. Exhibit Packet Page 42 of 133 ORDINANCE: 1932 AN ORDINANCE ANNEXING TO THE CITY OF CRESTVIEW, FLORIDA, ± 12.02 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-23-1840-0001-0010 (Deed recorded in Book 2631, page 3729, dated June 28, 2005) Lot One (1) to Ten (10) inclusive of Block One (1) Oakdale Miniature Farms Subdivision according to plat on file in the Office of Clerk of Circuit Court, Okaloosa County, Florida, LESS, begin at the Northeast corner of Lot Six (6) of Block One (1) of Oakdale Miniature Farms, Crestview, Florida, thence run in a Westerly direction along the North boundary of said Lot 6, One Hundred Feet; thence parallel with Garden Street run in a Southerly direction One Hundred Feet; thence parallel with the North boundary of said Lot 6 run in an Easterly direction One Hundred feet to Garden Street; thence on the West boundary of Garden Street in a Northerly direction run One Hundred feet to Point of Beginning. Being in said Lot Six (6) as per plat on file with the Clerk of Circuit Court 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 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 43 of 133 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 26th day of June, 2023. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 26th day of June, 2023. ______________________________________ J. B. Whitten Mayor Page 44 of 133 Page 45 of 133 N FERDON BLVD OLD BETHEL RD HWY 85 N AIRPORT RD N FERDON BLVD HWY 85 N Vicinity Map ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET Not to Scale Subject Parcel(s) Page 46 of 133 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD Existing Use¯ 0 300150 Feet Legend Subject Parcel City Limits Existing Chu rchesClubs/Lodges Fin ancialGym/FitnessImproved A Mu nicipalNo AG Acre OfficePrivate Sch oolPublic School Res tau rantService Shop Sin gle FamilyStoresSupermarket Vacan tVacant Commer cial Vacan t/CommercialVehicle SaleWarehouse Page 47 of 133 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD CurrentFuture Land Use¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Pa rcel City Limits City Futur e Land Use Comm ercia l (C)Industrial (IN)Mixed Use (MU)Conserva tion (CON)Public Land s (PL)Residential (R) County Futur e Land Use Mixed Use (MU) Page 48 of 133 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD CurrentZoning¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City ZoningSingle Family Estate Dwelling District (R-1E)Single Family Low De nsity District (R-1)Single Family Medium Density District (R-2)Single and Multi-Fam ily Dwelling District(R-3)Mixed Use (MU)Comme rcial (C-1)Comme rcial (C-2)Industrial (IN)Public Lands (P)Conservation (E) County Zonin gMixed Use (MU) Page 49 of 133 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD ProposedFuture Land Use ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City City Futur e Land Com me rcia lIndustrial Mixed U seConservation Public La nd sResidential County Future Land Mixed U se Page 50 of 133 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD ProposedZoning¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City Zoning Single Family Estate Dwelling District(R-1E)Single Family Low De nsity District (R-1) Single Family Medium Density District(R-2)Single and Multi-Fam ily DwellingDistrict (R-3) Mixed Use (MU) Comme rcial (C-1) Comme rcial (C-2) Industrial (IN) Public Lands (P) Conservation (E) County Zoning Mixed Use (MU) Page 51 of 133 CITY OF CRESTVIEW Item # 8.2. Staff Report PLANNING AND DEVELOPMENT BOARD MEETING DATE: June 12, 2023 TYPE OF AGENDA ITEM: 1st reading after PDB TO: Planning and Development Board CC: City Manager and City Attorney FROM: Community Development Services DATE: 6/8/2023 SUBJECT: Ord. 1933 - Third Avenue Comprehensive Plan Amendment BACKGROUND: On May 10, 2023, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located at 2203 Third Avenue. 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 Mixed Use (MU) future land use designation for the property. The Planning and Development Board recommended approval of the request on June 5, 2023. DISCUSSION: The property description is as follows: Property Owner: Smith Family Trust C/O Mary Joseph 124 Miracle Strip Pkwy SW Unit 1500 Ft Walton Beach, FL 32548 Parcel ID: 04-3N-23-1840-0001-0010 Site Size: 12.02 acres Current FLU: Okaloosa County Mixed Use Current Zoning: Okaloosa County Mixed Use Current Land Use: Residential The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Public Lands Public Lands Public School East Commercial & Okaloosa County Mixed Use Commercial Low-Intensity District (C-1), Commercial High-Intensity District (C-2) & Okaloosa County Mixed Use Vacant, Commercial & Residential South Mixed Use Mixed Use Vacant & Residential Page 52 of 133 West Residential Single and Multi-Family Density Dwelling District (R-3) Vacant 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 can be developed for residential and/or 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 May 15, 2023. The property was posted on May 22, 2023. An advertisement ran in the Crestview News Bulletin on May 25 and June 1, 2023. 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 1933 to second reading for adoption. Page 53 of 133 Attachments 1. Exhibit Packet Page 54 of 133 ORDINANCE: 1933 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 MIXED USE (MU) ON APPROXIMATELY 12.02 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 Mixed Use (MU) on a parcel of land containing 12.02 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 12.02 acres of land, more or less, from Okaloosa County Mixed Use to Mixed Use (MU). For the purposes of this Ordinance and Comprehensive Plan Amendment, the 12.02 acres, more or less, is known as Parcel 04-3N-23-1840-0001-0010 and commonly described as: Lot One (1) to Ten (10) inclusive of Block One (1) Oakdale Miniature Farms Subdivision according to plat on file in the Office of Clerk of Circuit Court, Okaloosa County, Florida, LESS, begin at the Northeast corner of Lot Six (6) of Block One (1) of Oakdale Miniature Farms, Crestview, Florida, thence run in a Westerly direction along the North boundary of said Lot 6, One Hundred Feet; thence parallel with Garden Street run in a Southerly direction One Hundred Feet; thence parallel with the North boundary of said Lot 6 run in an Easterly direction One Hundred feet to Garden Street; thence on the West boundary of Garden Street in a Northerly direction run Page 55 of 133 One Hundred feet to Point of Beginning. Being in said Lot Six (6) as per plat on file with the Clerk of Circuit Court of Okaloosa County, Florida. The Mixed Use (MU) Future Land Use Category is hereby imposed on Parcel 04-3N-23-1840-0001-0010. 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 04-3N-23-1840-0001-0010 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 26th day of June, 2023. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 26th day of June, 2023. ______________________________________ J. B. Whitten Mayor Page 56 of 133 Page 57 of 133 N FERDON BLVD OLD BETHEL RD HWY 85 N AIRPORT RD N FERDON BLVD HWY 85 N Vicinity Map ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET Not to Scale Subject Parcel(s) Page 58 of 133 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD Existing Use¯ 0 300150 Feet Legend Subject Parcel City Limits Existing Chu rchesClubs/Lodges Fin ancialGym/FitnessImproved A Mu nicipalNo AG Acre OfficePrivate Sch oolPublic School Res tau rantService Shop Sin gle FamilyStoresSupermarket Vacan tVacant Commer cial Vacan t/CommercialVehicle SaleWarehouse Page 59 of 133 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD CurrentFuture Land Use¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Pa rcel City Limits City Futur e Land Use Comm ercia l (C)Industrial (IN)Mixed Use (MU)Conserva tion (CON)Public Land s (PL)Residential (R) County Futur e Land Use Mixed Use (MU) Page 60 of 133 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD CurrentZoning¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City ZoningSingle Family Estate Dwelling District (R-1E)Single Family Low De nsity District (R-1)Single Family Medium Density District (R-2)Single and Multi-Fam ily Dwelling District(R-3)Mixed Use (MU)Comme rcial (C-1)Comme rcial (C-2)Industrial (IN)Public Lands (P)Conservation (E) County Zonin gMixed Use (MU) Page 61 of 133 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD ProposedFuture Land Use ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City City Futur e Land Com me rcia lIndustrial Mixed U seConservation Public La nd sResidential County Future Land Mixed U se Page 62 of 133 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD ProposedZoning¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City Zoning Single Family Estate Dwelling District(R-1E)Single Family Low De nsity District (R-1) Single Family Medium Density District(R-2)Single and Multi-Fam ily DwellingDistrict (R-3) Mixed Use (MU) Comme rcial (C-1) Comme rcial (C-2) Industrial (IN) Public Lands (P) Conservation (E) County Zoning Mixed Use (MU) Page 63 of 133 CITY OF CRESTVIEW Item # 8.3. Staff Report PLANNING AND DEVELOPMENT BOARD MEETING DATE: June 12, 2023 TYPE OF AGENDA ITEM: 1st reading after PDB TO: Planning and Development Board CC: City Manager and City Attorney FROM: Community Development Services DATE: 6/8/2023 SUBJECT: Ord. 1934 - Third Avenue Rezoning BACKGROUND: On May 10, 2023, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located at 2203 Third Avenue. 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 Mixed Use (MU) zoning designation for the property. The Planning and Development Board recommended approval of the request on June 5, 2023. DISCUSSION: The property description is as follows: Property Owner: Smith Family Trust C/O Mary Joseph 124 Miracle Strip Pkwy SW Unit 1500 Ft Walton Beach, FL 32548 Parcel ID: 04-3N-23-1840-0001-0010 Site Size: 12.02 acres Current FLU: Okaloosa County Mixed Use Current Zoning: Okaloosa County Mixed Use Current Land Use: Residential The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Public Lands Public Lands Public School East Commercial & Okaloosa County Mixed Use Commercial Low-Intensity District (C-1), Commercial High-Intensity District (C-2) & Okaloosa County Mixed Use Vacant, Commercial & Residential South Mixed Use Mixed Use Vacant & Residential Page 64 of 133 West Residential Single and Multi-Family Density Dwelling District (R-3) Vacant 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 can be developed for residential and/or 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 May 15, 2023. The property was posted on May 22, 2023. An advertisement ran in the Crestview News Bulletin on May 25 and June 1, 2023. 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 1934 to second reading for adoption. Attachments 1. Exhibit Packet Page 65 of 133 ORDINANCE: 1934 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR THE REZONING OF 12.02 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 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 12.02 acres, more or less, of real property lying within the corporate limits of Crestview, Florida, with 12.02 acres, more or less, being formerly zoned Okaloosa County Mixed Use with the Mixed Use (MU) Future Land Use Map designation recently ratified by the City Council through adoption of Ordinance 1933, is hereby rezoned to Mixed Use (MU) to wit: PIN # 04-3N-23-1840-0001-0010 Lot One (1) to Ten (10) inclusive of Block One (1) Oakdale Miniature Farms Subdivision according to plat on file in the Office of Clerk of Circuit Court, Okaloosa County, Florida, LESS, begin at the Northeast corner of Lot Six (6) of Block One (1) of Oakdale Miniature Farms, Crestview, Florida, thence run in a Westerly direction along the North boundary of said Lot 6, One Hundred Feet; thence parallel with Garden Street run in a Southerly direction One Hundred Feet; thence parallel with the North boundary of said Lot 6 run in an Easterly direction One Hundred feet to Garden Street; thence on the West boundary of Garden Street in a Northerly direction run One Hundred feet to Point of Beginning. Being in said Lot Six (6) as per plat on file with the Clerk of Circuit Court 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. 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 66 of 133 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 # 1933 and becomes legally effective. Passed and adopted on second reading by the City Council of Crestview, Florida on the 26th day of June, 2023. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 26th day of June, 2023. ______________________________________ J. B. Whitten Mayor Page 67 of 133 Page 68 of 133 N FERDON BLVD OLD BETHEL RD HWY 85 N AIRPORT RD N FERDON BLVD HWY 85 N Vicinity Map ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET Not to Scale Subject Parcel(s) Page 69 of 133 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD Existing Use¯ 0 300150 Feet Legend Subject Parcel City Limits Existing Chu rchesClubs/Lodges Fin ancialGym/FitnessImproved A Mu nicipalNo AG Acre OfficePrivate Sch oolPublic School Res tau rantService Shop Sin gle FamilyStoresSupermarket Vacan tVacant Commer cial Vacan t/CommercialVehicle SaleWarehouse Page 70 of 133 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD CurrentFuture Land Use¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Pa rcel City Limits City Futur e Land Use Comm ercia l (C)Industrial (IN)Mixed Use (MU)Conserva tion (CON)Public Land s (PL)Residential (R) County Futur e Land Use Mixed Use (MU) Page 71 of 133 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD CurrentZoning¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City ZoningSingle Family Estate Dwelling District (R-1E)Single Family Low De nsity District (R-1)Single Family Medium Density District (R-2)Single and Multi-Fam ily Dwelling District(R-3)Mixed Use (MU)Comme rcial (C-1)Comme rcial (C-2)Industrial (IN)Public Lands (P)Conservation (E) County Zonin gMixed Use (MU) Page 72 of 133 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD ProposedFuture Land Use ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City City Futur e Land Com me rcia lIndustrial Mixed U seConservation Public La nd sResidential County Future Land Mixed U se Page 73 of 133 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD ProposedZoning¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City Zoning Single Family Estate Dwelling District(R-1E)Single Family Low De nsity District (R-1) Single Family Medium Density District(R-2)Single and Multi-Fam ily DwellingDistrict (R-3) Mixed Use (MU) Comme rcial (C-1) Comme rcial (C-2) Industrial (IN) Public Lands (P) Conservation (E) County Zoning Mixed Use (MU) Page 74 of 133 CITY OF CRESTVIEW Item # 8.4. Staff Report PLANNING AND DEVELOPMENT BOARD MEETING DATE: June 12, 2023 TYPE OF AGENDA ITEM: 1st reading after PDB TO: Planning and Development Board CC: City Manager and City Attorney FROM: Community Development Services DATE: 6/8/2023 SUBJECT: Ord. 1935 - Brookmeade Avenue Annexation BACKGROUND: On April 13, 2023, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located Brookmeade Drive. 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 June 5, 2023. DISCUSSION: The property description is as follows: Property Owner: Magnolia Creeks LLC 107 N Partin Dr Niceville, FL 32578 Parcel ID: 28-3N-23-0000-0013-001A Site Size: 2.36 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 Okaloosa County Mixed Use Okaloosa County Mixed Use Residential East Okaloosa County Mixed Use Okaloosa County Mixed Use Residential South Mixed Use (MU) Mixed Use (MU) Vacant West Commercial (C) Commercial Low-Intensity District (C-1) Vacant 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 can be developed for commercial use. Page 75 of 133 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 May 15, 2023. The property was posted on May 22, 2023. An advertisement ran in the Crestview News Bulletin on May 25 and June 1, 2023. 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 1935 to second reading for adoption. Attachments 1. Exhibit Packet Page 76 of 133 ORDINANCE: 1935 AN ORDINANCE ANNEXING TO THE CITY OF CRESTVIEW, FLORIDA, ± 2.36 ACRES OF CONTIGUOUS LANDS LOCATED IN SECTION 28, 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 # 28-3N-23-0000-0013-001A (Deed recorded in Book 3676, page 1703, dated May 23, 2023) Beginning at the Southwest corner of the Northwest Quarter of Section 28, Township 3 North, Range 23 West, Okaloosa County, Florida, proceed N-2°14'21" E 660.81 feet along section line, thence S-88°02'll" E 500 feet, thence S-10°14'37" W 86.62 feet, thence S-38°23'37" E 90.15 feet, thence S-8°24'35" W 92.52 feet, thence S-40°53'07" W 59.33 feet, thence S-56°17'10" W 105.89 feet, thence S-33°56'18" W 361.27 feet to South line of Northwest Quarter thence N-88°03'24" W 224.l feet to POB. LESS AND EXCEPT Portion contained in Official Records Book 1422, Page 655 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 77 of 133 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 26th day of June, 2023. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 26th day of June, 2023. ______________________________________ J. B. Whitten Mayor Page 78 of 133 Page 79 of 133 I-10 S FERDON BLVD I-10 S FERDON BLVD Vicinity Map ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET Not to Scale Subject Parcel(s) Page 80 of 133 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN Existing Use¯ 0 300150 Feet Legend Subject Parcel City Limits Existing Use Churches Commercial Header Rec Ho mes fo r Multi-Family Munic ipal No AG Acre Res Co mmon Single Family State Vac ant Wasteland PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET Page 81 of 133 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN CurrentFuture Land Use¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City Future Land Use Commercial (C)Industrial (IN)Mixed Us e (MU)Conservation (CON)Public Lands (PL)Residential (R) County Future Land Use Mixed Us e (MU) Page 82 of 133 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN CurrentZoning¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City ZoningSingle Family Estate Dwelling Distr ict (R-1E)Single Family Low Density District (R-1)Single Family Medium Density District (R-2)Single and Multi-Fa mily Dwelling District(R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conser va tion (E) County ZoningMixed Use (MU) Page 83 of 133 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN ProposedFuture Land Use ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City City Futur e Land Us e Com me rcia l (C)Industrial Mixed U seConservation (CON) Public La nd s (PL)Residential (R) County Future Land Use Mixed U se Page 84 of 133 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN ProposedZoning¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City Zoning Single Family Estate Dwelling District(R-1E) Single Family Low De nsity District (R-1)Single Family Medium Density District(R-2)Single and Multi-Fam ily DwellingDistrict (R-3)Mixed Use (MU) Comme rcial (C-1) Comme rcial (C-2) Industrial (IN) Public Lands (P) Conservation (E) County Zoning Mixed Use (MU) Page 85 of 133 CITY OF CRESTVIEW Item # 8.5. Staff Report PLANNING AND DEVELOPMENT BOARD MEETING DATE: June 12, 2023 TYPE OF AGENDA ITEM: 1st reading after PDB TO: Planning and Development Board CC: City Manager and City Attorney FROM: Community Development Services DATE: 6/8/2023 SUBJECT: Ord. 1936 - Brookmeade Avenue Comprehensive Plan Amendment BACKGROUND: On April 13, 2023, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located Brookmeade Drive. 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 June 5, 2023. DISCUSSION: The property description is as follows: Property Owner: Magnolia Creeks LLC 107 N Partin Dr Niceville, FL 32578 Parcel ID: 28-3N-23-0000-0013-001A Site Size: 2.36 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 Okaloosa County Mixed Use Okaloosa County Mixed Use Residential East Okaloosa County Mixed Use Okaloosa County Mixed Use Residential South Mixed Use (MU) Mixed Use (MU) Vacant West Commercial (C) Commercial Low-Intensity District (C-1) Vacant 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 can be developed for commercial use. Page 86 of 133 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 May 15, 2023. The property was posted on May 22, 2023. An advertisement ran in the Crestview News Bulletin on May 25 and June 1, 2023. 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 1936 to second reading for adoption. Attachments 1. Exhibit Packet Page 87 of 133 ORDINANCE: 1936 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 2.36 ACRES, MORE OR LESS, IN SECTION 28, 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 2.36 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 2.36 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 2.36 acres, more or less, is known as Parcel 28-3N-23-0000-0013-001A and commonly described as: Beginning at the Southwest corner of the Northwest Quarter of Section 28, Township 3 North, Range 23 West, Okaloosa County, Florida, proceed N-2°14'21" E 660.81 feet along section line, thence S-88°02'll" E 500 feet, thence S-10°14'37" W 86.62 feet, thence S-38°23'37" E 90.15 feet, thence S-8°24'35" W 92.52 feet, thence S-40°53'07" W 59.33 feet, thence S-56°17'10" W 105.89 feet, thence S-33°56'18" W 361.27 feet to South line of Northwest Quarter thence N-88°03'24" W 224.l feet to POB. Page 88 of 133 LESS AND EXCEPT Portion contained in Official Records Book 1422, Page 655 The Commercial (C) Future Land Use Category is hereby imposed on Parcel 28-3N-23-0000-0013-001A. 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 28-3N-23-0000-0013-001A 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 26th day of June, 2023. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 26th day of June, 2023. ______________________________________ J. B. Whitten Mayor Page 89 of 133 Page 90 of 133 I-10 S FERDON BLVD I-10 S FERDON BLVD Vicinity Map ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET Not to Scale Subject Parcel(s) Page 91 of 133 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN Existing Use¯ 0 300150 Feet Legend Subject Parcel City Limits Existing Use Churches Commercial Header Rec Ho mes fo r Multi-Family Munic ipal No AG Acre Res Co mmon Single Family State Vac ant Wasteland PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET Page 92 of 133 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN CurrentFuture Land Use¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City Future Land Use Commercial (C)Industrial (IN)Mixed Us e (MU)Conservation (CON)Public Lands (PL)Residential (R) County Future Land Use Mixed Us e (MU) Page 93 of 133 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN CurrentZoning¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City ZoningSingle Family Estate Dwelling Distr ict (R-1E)Single Family Low Density District (R-1)Single Family Medium Density District (R-2)Single and Multi-Fa mily Dwelling District(R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conser va tion (E) County ZoningMixed Use (MU) Page 94 of 133 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN ProposedFuture Land Use ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City City Futur e Land Us e Com me rcia l (C)Industrial Mixed U seConservation (CON) Public La nd s (PL)Residential (R) County Future Land Use Mixed U se Page 95 of 133 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN ProposedZoning¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City Zoning Single Family Estate Dwelling District(R-1E) Single Family Low De nsity District (R-1)Single Family Medium Density District(R-2)Single and Multi-Fam ily DwellingDistrict (R-3)Mixed Use (MU) Comme rcial (C-1) Comme rcial (C-2) Industrial (IN) Public Lands (P) Conservation (E) County Zoning Mixed Use (MU) Page 96 of 133 CITY OF CRESTVIEW Item # 8.6. Staff Report PLANNING AND DEVELOPMENT BOARD MEETING DATE: June 12, 2023 TYPE OF AGENDA ITEM: 1st reading after PDB TO: Planning and Development Board CC: City Manager and City Attorney FROM: Community Development Services DATE: 6/8/2023 SUBJECT: Ord. 1937 - Brookmeade Avenue Rezoning BACKGROUND: On April 13, 2023, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located Brookmeade Drive. 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 June 5, 2023. DISCUSSION: The property description is as follows: Property Owner: Magnolia Creeks LLC 107 N Partin Dr Niceville, FL 32578 Parcel ID: 28-3N-23-0000-0013-001A Site Size: 2.36 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 Okaloosa County Mixed Use Okaloosa County Mixed Use Residential East Okaloosa County Mixed Use Okaloosa County Mixed Use Residential South Mixed Use (MU) Mixed Use (MU) Vacant West Commercial (C) Commercial Low-Intensity District (C-1) Vacant 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 can be developed for commercial use. Page 97 of 133 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 15, 2023. The property was posted on May 22, 2023. An advertisement ran in the Crestview News Bulletin on May 25 and June 1, 2023. 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 1937 to second reading for adoption. Attachments 1. Exhibit Packet Page 98 of 133 ORDINANCE: 1937 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR THE REZONING OF 2.36 ACRES, MORE OR LESS, OF REAL PROPERTY, LOCATED IN SECTION 28, 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 2.36 acres, more or less, of real property lying within the corporate limits of Crestview, Florida, with 2.36 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 1936, is hereby rezoned to Commercial Low-Intensity District (C- 1) to wit: PIN # 28-3N-23-0000-0013-001A Beginning at the Southwest corner of the Northwest Quarter of Section 28, Township 3 North, Range 23 West, Okaloosa County, Florida, proceed N-2°14'21" E 660.81 feet along section line, thence S-88°02'll" E 500 feet, thence S-10°14'37" W 86.62 feet, thence S-38°23'37" E 90.15 feet, thence S-8°24'35" W 92.52 feet, thence S-40°53'07" W 59.33 feet, thence S-56°17'10" W 105.89 feet, thence S-33°56'18" W 361.27 feet to South line of Northwest Quarter thence N-88°03'24" W 224.l feet to POB. LESS AND EXCEPT Portion contained in Official Records Book 1422, Page 655 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 99 of 133 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 # 1936 and becomes legally effective. Passed and adopted on second reading by the City Council of Crestview, Florida on the 26th day of June, 2023. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 26th day of June, 2023. ______________________________________ J. B. Whitten Mayor Page 100 of 133 Page 101 of 133 I-10 S FERDON BLVD I-10 S FERDON BLVD Vicinity Map ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET Not to Scale Subject Parcel(s) Page 102 of 133 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN Existing Use¯ 0 300150 Feet Legend Subject Parcel City Limits Existing Use Churches Commercial Header Rec Ho mes fo r Multi-Family Munic ipal No AG Acre Res Co mmon Single Family State Vac ant Wasteland PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET Page 103 of 133 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN CurrentFuture Land Use¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City Future Land Use Commercial (C)Industrial (IN)Mixed Us e (MU)Conservation (CON)Public Lands (PL)Residential (R) County Future Land Use Mixed Us e (MU) Page 104 of 133 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN CurrentZoning¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City ZoningSingle Family Estate Dwelling Distr ict (R-1E)Single Family Low Density District (R-1)Single Family Medium Density District (R-2)Single and Multi-Fa mily Dwelling District(R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conser va tion (E) County ZoningMixed Use (MU) Page 105 of 133 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN ProposedFuture Land Use ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City City Futur e Land Us e Com me rcia l (C)Industrial Mixed U seConservation (CON) Public La nd s (PL)Residential (R) County Future Land Use Mixed U se Page 106 of 133 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN ProposedZoning¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City Zoning Single Family Estate Dwelling District(R-1E) Single Family Low De nsity District (R-1)Single Family Medium Density District(R-2)Single and Multi-Fam ily DwellingDistrict (R-3)Mixed Use (MU) Comme rcial (C-1) Comme rcial (C-2) Industrial (IN) Public Lands (P) Conservation (E) County Zoning Mixed Use (MU) Page 107 of 133 CITY OF CRESTVIEW Item # 10.1. Staff Report CITY COUNCIL MEETING DATE: June 12, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Jayce Vanderford, Project Manager, Wayne Steele, Director of Operations, Christian Stapp, Utility Locate Specialist DATE: 6/8/2023 SUBJECT: Main Street Improvements Constructability Review and CEI Services BACKGROUND: Since December of 2022, City Staff has advertised the “Crestview Main Street – Roadway Improvement FDOT FOPID # 449302-1-54-01 Project” invitation to bid for a total of three times. The last three attempts were advertised 30 days each for a total of 90 days and received no bids. The City of Crestview has been very proactive in its attempt to reign in bids through local avenues and web advertisements and by directly contacting local contractors. Due to the project requiring FDOT qualification, many of the local contractors in our service area do not meet minimum requirements. Qualified contractors have been contacted and either gave no response or responded back that they are involved in multiple large projects and unable to take on a project of this size at this time. Contractors who wished to submit bids have complained of issues with the plans, which were making this project increasingly difficult to bid, primarily due to missing information in the design plan. DISCUSSION: In an effort to move this project forward, the City Manager and Staff have met with contractors to determine what can be done to make the project more inviting and biddable. After meetings and verifying the discrepancies mentioned in the plans, we contacted Alday-Howell Engineering Inc (AHE) for a second opinion of the Main Street Improvements plans designed by Matrix Design Group. Task Order 2023-02 in the amount of $4,800 was authorized by the City Manager for AHE to perform a constructability/biddability review of the plans, bid documents and previous bid correspondence to identify any errors, omissions or inconsistencies. AHE is currently reviewing the plans and will prepare a report of findings and deliver it to the City and Matrix the design engineer for consideration. Once the review is complete and the plans have been amended, these changes must be submitted to FDOT for review and approval, then staff will advertise the project again. Upon receiving/selecting a bid, as required by FDOT and upon approval of this Task Order 2023-03, AHE will perform CEI (construction engineering and inspections) services for the City of Crestview throughout the duration of the construction actives for Crestview Main Street – Roadway Improvement, FDOT FOPID # 449302-1-54-01. 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 Page 108 of 133 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 Task Order 2023-03 from Alday-Howell Engineering, Inc. for a total of $280,670 will be funded by 1/2 cents sales tax (discretionary sales tax) and/or by CARES monies. RECOMMENDED ACTION Upon receiving/selecting a bid on the next advertisement, staff respectfully requests a motion to approve Alday-Howell Engineering Inc to provide CEI services for “Crestview Main Street – Roadway Improvement FDOT FOPID # 449302-1-54-01” for the amount of $280,670. Attachments 1. Task Order 2023-03 - AHE Page 109 of 133 Page 110 of 133 Page 111 of 133 CITY OF CRESTVIEW Item # 10.2. Staff Report CITY COUNCIL MEETING DATE: June 12, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Nicholas Schwendt, Senior Planner, Barry Henderson, Development Services Director DATE: 6/8/2023 SUBJECT: Conceptual Plat - White Wolf Run BACKGROUND: Staff received the initial application for the White Wolf Run subdivision on November 11, 2022. It has since gone through staff review and all major comments have been addressed. The remaining comments are minor and will not affect the overall layout and scope proposed in the provided conceptual plat documents. DISCUSSION: This subdivision is proposed just north and west of Jones Rd., with a connection to Jones Road to the south, and to the north. The subdivision proposes a realignment of Jones Road within the development. The subdivision proposes 332 lots, which is within the allowed density provided by the zoning district and future land use designation. The Planning and Development Board recommended approval of this plat on June 5, 2023. 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 Page 112 of 133 Approval of the conceptual plat will lead to the development of a subdivision that will have a positive future impact, including: impact fees, building permit fees and utility usage fees. RECOMMENDED ACTION Staff respectfully requests a motion to approve the conceptual plat for White Wolf Run. Attachments 1. Vicinity Map 2. White Wolf Run_Preliminary Plat_Rev_5-18-2023 Page 113 of 133 OLD BETHEL RD N FERDON BLVD HWY 85 N AIRPORT RD N FERDON BLVD HWY 85 N Vicinity Map ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET Not to Scale Subject Parcel(s) Page 114 of 133 Page 115 of 133 Page 116 of 133 Page 117 of 133 Page 118 of 133 Page 119 of 133 Page 120 of 133 Page 121 of 133 Page 122 of 133 Page 123 of 133 Page 124 of 133 Page 125 of 133 CITY OF CRESTVIEW Item # 10.3. Staff Report CITY COUNCIL MEETING DATE: June 12, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Nicholas Schwendt, Senior Planner, Barry Henderson, Development Services Director DATE: 6/8/2023 SUBJECT: Conceptual Plat - Cherry Brook Subdivision BACKGROUND: Staff received the initial application for the Cherry Brook subdivision on October 18, 2022. It has since gone through staff review and all major comments have been addressed. The remaining comments are minor and will not affect the overall layout and scope proposed in the provided conceptual plat documents. DISCUSSION: This subdivision is proposed south of Point Center Road, which is south of Antioch Elementary School on Whitehurst Lane. The subdivision proposes to connect to Garrett Pit Road, and, as such, Garrett Pit Road will be improved to a paved road, per Okaloosa County standards. The subdivision proposes 106 lots, which is within the allowed density provided by the zoning district and future land use designation. The Planning and Development Board recommended approval of this plat on June 5, 2023. 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 Page 126 of 133 Approval of the conceptual plat will lead to the development of a subdivision that will have a positive future impact, including: impact fees, building permit fees and utility usage fees. RECOMMENDED ACTION Staff respectfully requests a motion to approve the conceptual plat for Cherry Brook Subdivision. Attachments 1. Vicinity Map (1) 2. 190654.02 Cherry Brook Plat (01-10-23) Page 127 of 133 I-10 S FERDON BLVD ANTIOCH RD P J ADAMS PKWY I-10 S FERDON BLVD Vicinity Map ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET Not to Scale Subject Parcel(s) Page 128 of 133 SHEET 1 OF 5 PLAT BOOK , PAGE Statement By Okaloosa County: Index PROJECT LOCATION Surveyor's Certificate: Acknowledgment to Dedication: Title Opinion: County Clerk Certificate of Recording: County Surveyor's Certificate: County Engineer's Approval: County Commissioners Approval: 190654.02 Key Map Certification by Tax Collector: Vicinity Map ☐ ☐ Cherry Brook Subdivision Surveyor's Notes: Dedication: Legal Description (Official Records Book 3402, Page 4836): OLD POINT CENTER ROAD G A R R E T T P I T R O A D ROAD "A"ROAD "A" R O A D " H " R O A D " B " ROAD "C" ROAD "B" R O A D " E " R O A D " F " 35 2 36 1 POB SHEE T 2 SHEE T 3 SHEE T 4 SHEE T 5 Cherry Brook Subdivision A RESIDENTIAL S8BDI9ISION IN SECTIONS 35 36, TO:NSHIP 3 NORTH, RANGE 24 :EST AND IN SECTION 2, TO:NSHIP 2 NORTH, RANGE 24 :EST, OKALOOSA CO8NT<, FLORIDA Page 129 of 133 1234 56789101112131415161718192021 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61R O A D " B " R O A D " B " ROAD "A" ROAD "A" OLD POINT CENTER ROAD O L D P O I N T C E N T E R R O A D SHEET 2 OF 5 PLAT BOOK , PAGE 190654.02 Cherry Brook Subdivision GRAPHIC SCALE 1" = 0 50' Building Setbacks SH E E T 3 SHEET 4 SH E E T 5 Legend "MATCH LINE" "M A T C H L I N E " SH E E T 4 Cherry Brook Subdivision A RESIDENTIAL S8BDI9ISION IN SECTIONS 35 36, TO:NSHIP 3 NORTH, RANGE 24 :EST AND IN SECTION 2, TO:NSHIP 2 NORTH, RANGE 24 :EST, OKALOOSA CO8NT<, FLORIDA Page 130 of 133 OLD POINT CENT E R R O A D 20212223242526272829 3031 32 33 34 35 36 37 38 39 40 41 42 43 6364656667686970 98 99 100 101 102 103 104 105 106 107 108 109 110 R O A D " B " R O A D " B " ROAD "A" R O A D " E " SHEET 3 OF 5 PLAT BOOK , PAGE 190654.02 Cherry Brook Subdivision GRAPHIC SCALE 1" = 0 50' Building Setbacks SH E E T 2 SH E E T 5 SHEET 5 SH E E T 4 "MATCH LINE" "M A T C H L I N E " Legend Cherry Brook Subdivision A RESIDENTIAL S8BDI9ISION IN SECTIONS 35 36, TO:NSHIP 3 NORTH, RANGE 24 :EST AND IN SECTION 2, TO:NSHIP 2 NORTH, RANGE 24 :EST, OKALOOSA CO8NT<, FLORIDA Page 131 of 133 35 36 2 1 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 71 84 85 86 87 88 R O A D " B " SHEET 4 OF 5 PLAT BOOK , PAGE GRAPHIC SCALE 1" = 0 50' 190654.02 Cherry Brook Subdivision SHEET 2 Building Setbacks SHEET 2SH E E T 3 SH E E T 5 SH E E T 5 Legend "MATCH LINE" Cherry Brook Subdivision A RESIDENTIAL S8BDI9ISION IN SECTIONS 35 36, TO:NSHIP 3 NORTH, RANGE 24 :EST AND IN SECTION 2, TO:NSHIP 2 NORTH, RANGE 24 :EST, OKALOOSA CO8NT<, FLORIDA Page 132 of 133 35 2 34 35 36 59 60 61 62 6364656667686970 717273 747576 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 9293 94 95 96 97 98 99 100 101 102 107 108 109 110 R O A D " B " R O A D " E " R O A D " F " ROAD "C" ROAD "C" SHEET 5 OF 5 PLAT BOOK , PAGE 190654.02 Cherry Brook Subdivision GRAPHIC SCALE 1" = 0 50' Building Setbacks SH E E T 4 SHEET 3 SH E E T 4 SHEET 2 "MATCH LINE" SHEET 3 "M A T C H L I N E " Cherry Brook Subdivision A RESIDENTIAL S8BDI9ISION IN SECTIONS 35 36, TO:NSHIP 3 NORTH, RANGE 24 :EST AND IN SECTION 2, TO:NSHIP 2 NORTH, RANGE 24 :EST, OKALOOSA CO8NT<, FLORIDA Page 133 of 133