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HomeMy Public PortalAboutOrd 1956 North Ave Rezoning RecordedCLERK'S CERTIFICATE STATE OF FLORIDA COUNTY OF OKALOOSA CITY OF CRESTVIEW ) ss File it 3665950 01/12/2024 11:22:08 AM Fees: $44.00 Total Pages: 5 JD Peacock II, Clerk of Circuit Court & Comptroller Okaloosa County, FL I, Maryanne Schrader, City Clerk for said City of Crestview, duly appointed, qualified, and acting, and keeper of the records and seals thereof, do hereby certify the attached to be a true, complete, and correct copy of Ordinance 1956 duly passed by the City Council of the City of Crestview at a Regular meeting of said City Council on the 11th day of December 2023, as the said matter appears on file and of record in this office. I do further certify that prior to the execution of this certificate by me, the said Ordinance has been spread at length upon the permanent records of said City, where it now appears and remains in the book of Ordinances of the City kept by myself, a book labeled Ordinances. IN WITNESS WHEREOF, I have hereunto set my hand and seal of said City at my office in the City of Crestview, Florida, this 13th day of December 2023. (SEAL) Ma , anne Sch ader, MMC, MA City Clerk City of Crestview Okaloosa County, Florida ORDINANCE: 1956 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR THE REZONING OF 5.45 ACRES, MORE OR LESS, OF REAL PROPERTY, LOCATED IN SECTION 7, TOWNSHIP 3 NORTH, RANGE 23 WEST, FROM THE PUBLIC LANDS (PL) ZONING DISTRICT TO THE PLANNED UNIT DEVELOPMENT (PUD) 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 & INTENT. The authority for enactment of this ordinance is pursuant to chapters 166 and 177, Florida Statutes, section 1, City Charter, and the City's Land Development Code. 1. The owner, Grant -Moulton Properties, LLC, applied for rezoning approval of Block 4 of North Hill Replat, according to the Plat thereof as recorded in Plat Book 1, Page 121, of the Public Records of Okaloosa County Florida, identified by parcel number 07-3N-23-1760- 0004-0010. The development will consist of a 94 -unit townhouse development. Approval of this rezoning will result in a new Planned Unit Development zoning district at the property. 2. The Planning and Development Board held a public hearing and considered this ordinance on November 6, 2023. The Planning and Development Board has recommended approval of the rezoning of the subject area from the Public Lands (PL) Zoning District to the Planned Unit Development (PUD) Zoning District in accordance with the Patriot Park Site Development Plan as prepared by Baker Engineering, LLC, dated October 2023, and the conditions and amendments in this ordinance. 3. The City Council then conducted a public meeting on November 13, 2023, and a public hearing on December 11, 2023, after giving due public notice pursuant to Section 166.041 of the Florida Statutes and the City's Land Development Code. SECTION 2 — FINDINGS OF FACT. The City Council finds: 1. The Planned Unit Development (PUD) is a zoning district available to encourage flexibility in the design and development of land and allow improved design and quality in new development. The PUD is intended to provide for diversification and integration of uses and structures consistent with the Future Land Use designation. 2. The Patriot Park Planned Unit Development is located at property identified by parcel number 07-3N-23-1760-0004-0010. The subject property is approximately 5.4 acres. The development will consist of 94 townhouse units fronting E North Avenue, N Lloyd Street, Medley Drive and Chavis Avenue. 3. The Patriot Park Planned Unit Development is consistent with the City's Comprehensive Plan. 4. The proposed PUD is surrounded on all sides by public right-of-way and will not directly abut any properties with different land uses. 5. The intensity/density of the development is compatible with the surrounding area. 6. The provisions of and conditions required by this approval are necessary and in the best interests of the public health, safety, and welfare of City citizens. Therefore, the City Council approves the Patriot Park Planned Unit Development, as set forth in this ordinance. SECTION 3 — PROPERTY TO BE REZONED. 1. The property subject to this rezoning is identified by parcel number 07-3N-23-1760-0004- 0010 and is more particularly depicted in the Patriot Park Site Development Plan. 2. The requested rezoning is consistent with the City's Comprehensive Plan. Therefore, the subject property is hereby rezoned from the Public Lands (PL) zoning district to the Planned Unit Development (PUD) district, subject to all conditions and amendments of this ordinance and the Patriot Park Site Development Plan as prepared by Baker Engineers, LLC, dated October 2023. 3. The Official Zoning Map of the City of Crestview is hereby amended to change the classification of the subject property from the Public Lands (PL) zoning district to the Planned Unit Development (PUD) district. SECTION 4 — ADOPTION AND CONDITIONS TO PATRIOT PARK PLANNED UNIT DEVELOPMENT. The Patriot Park Site Development Plan as prepared by Baker Engineers, LLC, dated October 2023, is adopted by reference and approved as the site development plan, with the following amendments and conditions: 1. All improvements shall be made in accordance with the provisions of this ordinance and the site development plan document. This ordinance and the site development plan document shall be considered the development and site standards, criteria, and other requirements for development of the Patriot Park Planned Unit Development. If a subject is not addressed in this ordinance or the site development plan document, the applicable provision of the latest version of the City's Land Development Code shall apply. 2. No development shall occur on the subject property, except for townhouses with a maximum quantity of 94 units. 3. Access spacing for driveways connecting to public rights -of -way are allowed as shown in the site development plan document, notwithstanding Land Development Code requirements. 4. Maintenance of infrastructure improvements (water, sewer, stormwater, roadways, driveways, etc.) constructed on the subject property or in conjunction with the development in the right-of-way, shall be maintained by the developer until maintenance is expressly accepted by and conveyed to the City of Crestview. ayor 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 Ordinance shall be the date Comprehensive Plan Amendment is adopted by Ordinance # 1955 and becomes legally effective. Passed and adopted on second reading by the City Council of Crestview, Florida on the 11th day of December 2023. Approved by me this 11th day of December 2023. itten ATTEST: Maryanne Schrader City Clerk ) SQL } w J w `20 W NORTH AVE re 0 w J 0 w 2 1Ji 0 w J 0 w` E NORTH AVE SIXTH AVE THIRD AVE E FIRSTAVE Adopted Zoning 0 150 300 Feet Legend Subject Parcel ® City Limits Zoning City Zoning Single Family Estate Dwelling District (R - 1E) Single F amily Low Density District (R-1) Single Family Medium Density District (R-2) Single and Multi - U Family Dwelling District (R-3) Mixed Use (MU) Commercial (C-1) MI Commercial (C-2) Industrial (IN) I-1 Public Lands (P) Conservation (E) , Planned Unit Development (PUD)