CITY OF CRESTVIEW OFFICE OF THE CITY CLERK P.O. DRAWER 1209, CRESTVIEW, FLORIDA 32536 Phone # (850) 682-1560 Fax # (850) 682-8077
January 14, 2018
6:00 P.M. Council Chambers
REGULAR COUNCIL MEETING
1. Call to Order
2. Invocation, Pledge of Allegiance Mr. Charles Salis, Jr. Bright Futures Ministries.
3. Open Policy Making and Legislative Session
4. Approve Agenda
5. Special Presentations
6. Approval of Minutes
Approval of the minutes from the October 15, 2018 Workshop, October 22, 2018 Special Meeting, November 26, 2018 Special Meeting, and November 26, 2018 Workshop
7. Public Hearings
a. Project Narrative for CDBG ED Grant. b. Ordinance 1673 Rezoning of 29.39 acres – Old Bethel Rd – Tim Pauls. c. Ordinance 1674 Itinerant Vendors Regulations. d. Ordinance 1675 Amending Chapter 2, Article IV, Division 4, City Manager. e. Ordinance 1676 Annexation of 3.69 ac – James Lee Blvd W – Phillips Energy Inc. f. Ordinance 1677 Right of Way Vacation of a portion of James Street.
8. Public Opportunity on Council propositions
9. Consent Agenda
a. Approval of Invoice from Ben Holley in the amount of $ 3675.00. b. Approval of the Site Construction Plans for Shoal River Landing Subdivision.
10. Resolutions
11. Committee Reports
a. The Fair Housing Power Point Presentation
12. Scheduled Presentations from the Public
13. Project Reports and Comments from Mayor and Council
a. Setting of City Manager Interview Dates/Times. b. Request for Alternate member to the Library Cooperative Board.
14. Staff Reports and Recommendation
a. Ordinance 1678 – Election of CRA Board Chairman and Vice-Chairman – First Reading.
15. Comments from the Audience
16. Adjournment
Note: Citizen Business is business that was submitted by a citizen or group of Citizens no later than the Wednesday 2 weeks prior to the meeting to the Clerk's office for approval. Supporting documents must be submitted at this time to be on the regular agenda. All New Business is for staff and elected officials only, and must be submitted for approval no later than the Wednesday prior to the meeting. Those not listed on the regular agenda who wish to address the council should fill out a yellow card. The Card must be submitted to the City Clerk. Speaking time should be three minutes or less, large groups may designate a spokesperson. All remarks should be addressed to the Council as a whole and not to individual members. All meeting procedures are outlined in the Meeting Rules and Procedures brochure available outside the Chambers. If any person decides to appeal any decision made by the City Council 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 City Council of the City of Crestview, Florida does not discriminate upon the basis of any individual’s disability status. Anyone requiring reasonable accommodation as provided for in the American With Disabilities Act to insure access to and participation in the meeting should contact the Office of the City Clerk at (850)682-1560 prior to the meeting to make appropriate arrangements.
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.
CITY OF CRESTVIEW OFFICE OF THE CITY CLERK P.O. DRAWER 1209, CRESTVIEW, FLORIDA 32536 Phone # (850) 682-1560 Fax # (850) 682-8077
December 10, 2018
6:00 P.M. Council Chambers
REGULAR COUNCIL MEETING
1. Call to Order
2. Invocation, Pledge of Allegiance Mr. Charles Salis, Jr of Bright Future Ministries
3. Open Policy Making and Legislative Session
4. Approve Agenda
5. Special Presentations
6. Approval of Minutes
Approval of the minutes from the October 15, 2018 Workshop, October 22, 2018 Special Meeting, November 26, 2018 Special Meeting, and November 26, 2018 Workshop
Workshop Meeting October 15, 2018 5:00 p.m. Council Chambers
The Workshop Meeting of the Crestview City Council was called to order at 5:00 P.M. or the conclusion of the Special Meeting. Members present were: President J.B. Whitten, Vice President Bill Cox, Shannon Hayes and Doug Faircloth. Also present were the honorable Mayor David Cadle, City Clerk Elizabeth Roy, City Attorney Bill Holley department heads and members of the press. Mr. Joe Blocker is absent for this meeting.
WORKSHOP
1. Called to Order
This workshop was called to order by Mr. Whitten.
2. Pledge of Allegiance
The pledge was led by Mr. Faircloth.
3. Open Workshop
The Workshop was open by Mr. Whitten.
4. Approval of Agenda
Mr. Whitten asked if there were any changes to the Agenda.
There were none and Council gave consensus to present Workshop Agenda.
5. Public Opportunity on Council propositions
6. Workshop Items
a. Itinerant Vendors
Ms. Gaillard, Growth Management Director reviewed the proposed ordinance for Itinerant Vendors.
Mr. Faircloth noted that majority of the ordinance pertained to Food Vendors and not the vendors who sell cars.
Ms. Gaillard answered that type of business would fall under peddler and solicitation because the nature of that vendor, but all vendors are considered Itinerant Vendors.
Discussion ensued on Mr. Faircloth’s inquiry.
Ms. Gaillard suggested to continue the review of the ordinance and answer questions after the review.
Ms. Gaillard continued to review the proposed Itinerant Vendor Ordinance.
Discussion ensued.
Mr. Steele, Growth Management Director suggested having some type of protection for our citizens concerning car vendors being that those are major purchases being made.
Discussion ensued.
Ms. Gaillard continued her review.
7. Other Items for Discussion
8. Comments from the Audience
9. Adjournment
This meeting was adjourned by Mr. Whitten at 6:38 p.m.
______Elizabeth M. Roy J B Whitten City Clerk Council President
Minutes approve this day of______, 2018.
2 Workshop Minutes 10/15/18 City Council Special Meeting October 22, 2018 6:00 PM Warrior’s Hall
The Regular Meeting of the Crestview City Council was called to order at 6:00 P.M. Members present were: President J.B. Whitten, Vice President Bill Cox, Shannon Hayes, Joe Blocker, and Doug Faircloth. Also present were the honorable Mayor David Cadle, City Clerk Elizabeth Roy, City Attorney Ben Holley, department heads and members of the press.
REGULAR AGENDA
1. Called to Order
This meeting was called to order by Mr. Whitten at 6:00 p.m., he then recognized Okaloosa County Commissioner Chairman Graham Fountain, former Councilmember Linda Parker, the Mayor of Noirmoutier, the recipient of the Crestview Citizen of the Year Award Ms. Claudis Dale for attending this meeting.
2. Invocation and Pledge of Allegiance
The invocation led by Reverend Broadhead and pledge was led by a local Girl Scout.
3. Open Meeting
The meeting was opened by Mr. Whitten.
4. Approval of Agenda
Mr. Whitten noted that item “a” under Council Business is going to be pulled from the Agenda. He asked if there were any more changes or additions, there were none. He then asked for approval for the Agenda from Council.
There were no more objections or changes to the Agenda it was approved by unanimous consent.
5. Public Opportunity on Council Proposition
6. Council Business
a. Ordinance 1668- Solid Waste Franchise (This item was removed from the Agenda) b. Out of City Utility Services- Aplin Road
President Whitten asked for the City Clerk to read Resolution 19-01.
The City Clerk stated, “Mr. President, Resolution 19-01 reads by title, RESOLUTION 19-01 A RESOLUTION BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA ACCEPTING A PETITION FOR OUT-OF-CITY WATER SERVICE; ESTABLISHING WATER SERVICE FOR PROPERTY LOCATED AT 2997 APLIN DRIVE AKA 21-3N-23-2320- 000A-005B, OKALOOSA COUNTY, FLORIDA; ALLOWING FOR WRITTEN OBJECTIONS BY CITIZENS; AND, IF NECESSARY A PUBLIC HEARING WITHIN 30 DAYS FROM ENACTMENT OF THIS RESOLUTION; PROVIDING FOR A MUNICIPAL SERVICES AGREEMENT BETWEEN THE PETITIONER AND CITY; AND PROVIDING FOR AN EFFECTIVE DATE. This is Resolution 19-01.”
President Whitten asked for Staff Reports.
Ms. Gaillard, Growth Management Director, stated this petition was submitted by John L. Greely and wife, Arlene Greely, property owners, of the parcel described in the Warranty Deed recorded in Official Records Book 3370, page 2337, of the Public Records of Okaloosa County, Florida, and being identified by Parcel Tax I. D. 21-3N-23-2320- 000A-005B, located at 2997 Aplin Road, Okaloosa County, Florida, for water service on October 4, 2018.
The City of Crestview hereby concludes that said property lies within the water service territory of the City. The property is not contiguous to the corporate limits of the City of Crestview. However, the executed Petition and Agreement allows for the annexation when the property meets the criteria of the Annexation Policy. The water concurrency and availability is sufficient on behalf of the City to meet the demands of the petitioner as provided for in the Crestview Comprehensive Plan. A 30-day period from enactment of this resolution is provided for protest to ascertain whether or not a public hearing is required. The petitioner has executed a Municipal Services Agreement and has paid all fees associated with the cost of providing water pursuant to this resolution.
President Whitten asked for action by Council.
A motion was made by Mr. Blocker to adopt Resolution 19-01. Seconded by Mr. Cox with 5 yeas from Mr. Blocker, Mr. Cox, Mr. Whitten, Mr. Faircloth, Mr. Hayes with 0 nays, motion carried by unanimous consent.
2 Special Meeting Minutes 10/22/18 7. Special Meeting Recognitions
a. City Government Proclamation- Mayor
The Honorable Mayor David Cadle read a proclamation in honor of City Government Week in the City of Crestview.
b. Recognition of Local Civic/Citizen Groups
Mr. Whitten stated that different groups will now be recognized and asked if they could stand when called.
Ms. Roy, City Clerk recognized: the Crestview General Federation of Women’s Club (GFWC), the Crestview Rotary Club, the Elks Lodge 2624 of Crestview, the Kiwanis Club of Crestview, the Main Street Association of Crestview.
Mr. Hayes, Councilmember recognized: the Boy Scouts of America Troop# 773, Troop #532, Troop #30, Pack #532, #799, Girls Scout Troop #738, Troop #2014, Troop #742, Troop #1318, Troop #2886, the Concerned Citizens of Crestview, the Carver Hill Memorial & Historical Society, the Friendly Thriftiettes.
Mr. Whitten, Council President recognized the: Crestview Lions Club, Crestview High School Student Government, Crestview Chamber of Commerce, Okaloosa County Special Olympics, North Okaloosa Amateur Radio Club, Relay for Life, Crestview Area for Sheltering the Homeless (CASH), Knights of Columbus, Crestview Senior Circle, Masonic Lodge, American Legion Post #75, American Legion Post #395, AmVets Post #35, VFW Post #5050, Habitat for Humanity in Okaloosa County, County Emergency Response Team (CERT), Sister City Program.
c. Sister City Proclamation
The Honorable Mayor David Cadle read a proclamation honoring the Sister City International program.
d. Recognition of Sister City guests and exchange of gifts
The Mayor of the City of Crestview and Noirmoutier exchanged gifts to commemorate the visit.
The Mayor of Noirmoutier spoke about the importance of the two cities participating in the program and the benefits that have been reaped from it.
8. Comments from the Audience
9. Adjournment
3 Special Meeting Minutes 10/22/18
This meeting was adjourned by Mr. Whitten at 7:21 p.m.
______Elizabeth M. Roy J B Whitten City Clerk Council President
Minutes approve this_____ day of , 20__.
4 Special Meeting Minutes 10/22/18 City Council Special Meeting November 26, 2018 5:00 PM Council Chambers
The Regular Meeting of the Crestview City Council was called to order at 5:00 P.M. Members present were: President J.B. Whitten, Vice President Bill Cox, Shannon Hayes, Joe Blocker. Also present were the honorable City Clerk Elizabeth Roy, City Attorney Ben Holley, department heads and members of the press. The Mayor, Mr. Faircloth and Fire Chief Holland were absent from this meeting.
SPECIAL COUNCIL MEETING
1. Called to Order
This meeting was called to order by Mr. Whitten at 5:00 p.m.
2. Pledge of Allegiance
The pledge was lead Mr. Hayes.
3. Open Meeting
Mr. Whitten opened the meeting and stated that Mr. Faircloth, Mayor Cadle and Fire Chief Holland would be absent from this meeting.
4. Approval of Agenda
Mr. Whitten asked for any objections or changes to the Agenda.
There were no objections or changes to the Agenda it was approved by unanimous consent.
5. Public Hearing
a. Ordinance 1668- Solid Waste Franchise President Whitten asked the City Clerk to read Ordinance 1668.
City Clerk stated, “Mr. President, Ordinance 1668 reads by title, ORDINANCE NO. 1668 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, GRANTING A NON- EXCLUSIVE FRANCHISE TO WASTE PRO USA, INC., A PRIVATE CORPORATION FOR THE COLLECTION AND DISPOSAL OF RESIDENTIAL AND COMMERCIAL SOLID WASTE, YARD REFUSE, AND RECYCLING; PROVIDING FOR AUTHORITY; PROVIDING FOR DEFINITIONS AND TERMS; PROVIDING FOR CERTAIN CONDITIONS AND REQUIREMENTS RELATING THERETO; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EFFECTIVE DATE. This is the Second Reading of Ordinance 1668.”
President Whitten asked if anybody in the audience that would like to speak for or against Ordinance 1668.
There was no response.
President Whitten asked for action by Council.
A motion made by Mr. Cox to adopt Ordinance 1668 on Second Reading and send to Mayor, Council President and City Clerk for signatures. Seconded by Mr. Blocker with 4 yeas and 0 nays the motion was passed by unanimous consent.
b. Ordinance 1655- Vacation of Easements- Sundial Mobile Home Park President Whitten asked the City Clerk to read Ordinance 1655.
City Clerk stated, “President Whitten, Ordinance 1655 reads by title, ORDINANCE NO. 1655 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, VACATING AND ABANDONING THE PERPETUAL EASEMENTS GRANTED TO THE CITY OF CRESTVIEW BY WILEY A. YAWN AND JOAN R. YAWN FOR UTILITY AND INGRESS/EGRESS PURPOSES IN CONJUNCTION WITH THE DEVELOPMENT OF THE SUNDIAL MOBILE HOME PARK; PROVIDING FOR FILING OF THIS ORDINANCE WITH THE CLERK OF CIRCUIT COURT OF OKALOOSA COUNTY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. This is the Second Reading of Ordinance 1655.”
President Whitten asked for Staff Report.
2 Special Meeting Minutes 11/26/2018 Ms. Gaillard, Growth Management Director stated that the property was assigned the Commercial Future Land Use and the Commercial District Zoning C-1. In 2005, residential uses were removed as an allowable use in Commercial Zoning. The property is void of any of the previous development. The current owners are planning commercial development of the land, however, they are hindered by the obsolete easements running through the middle of the parcel. Their request is for the City to vacate the easements, which allows for land to be fully utilized for development. The request was submitted under the provisions of the City Procedural Guide for Processing Rezoning and Property Vacation Applications. The petition was submitted by property owner as the easements only concern the private property.
President Whitten asked for action by Council.
A motion made by Mr. Hayes to adopt Ordinance 1655 on Second Reading and send to Mayor, Council President and City Clerk for signatures. Seconded by Mr. Blocker with 4 yeas and 0 nays the motion was carried by unanimous consent.
c. Ordinance 1674- Itinerant Vendors- First Reading President Whitten asked for the City Clerk to read Ordinance 1674 by title.
City Clerk, stated, “Mr. President, Ordinance 1674 reads by title, ORDINANCE NO. 1674 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR AUTHORITY; PROVIDING FOR THE AMENDMENT OF CHAPTER 102 OF THE CODE OF ORDINANCES, CITY OF CRESTVIEW, FLORIDA, BY ADDING ARTICLE XXIV, ITINERANT VENDORS, MOBILE FOOD VENDORS, PEDDLERS & SOLICITORS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. This is the First Reading of Ordinance 1674.”
President Whitten asked for Staff Reports.
Ms. Gaillard, Growth Management Director, reviewed the changes made to the Ordinance.
A brief discussion ensued concerning the number in the ordinance.
Council suggested correcting the number sequence in the ordinance before approval.
6. Public Opportunity on Council Proposition
Mr. Whitten asked if there was anyone who would like to address the Council. Mr. Robert Huddleston, 2602 Pinto Lane, Crestview Fl, representing Combat Vets Motorcycle Association for “Operation Cold Front” is to help get items together for the local homeless in the area.
3 Special Meeting Minutes 11/26/2018
Mr. Whitten asked where people could drop off items to help with this effort.
Mr. Huddleston offered to give an email address to coordinate a pick-up location.
Discussion ensued.
Ms. Roy, City Clerk did suggest using her office as drop-off location that someone can come collect the items on Thursday.
7. Other items for Discussion
a. Discussion of Location of City Manager office- Council President Whitten Mr. Whitten proceeded to ask the Council to review the design for the City Manager’s office. He noted that Mr. Steele did assist with this project. Mr. Whitten reviewed the suggested office design and that he was not looking for a vote but wanted to get the conversation going.
Discussion ensued.
Mr. Whitten suggested conducting a workshop to further discuss and to view other suggestions for an office space for the incoming City Manager.
A motion made by Mr. Cox to table this for further review. Seconded by Mr. Blocker. Mr. Cox withdrew his motion.
Discussion ensued on when to have a workshop.
8. Comments from the Audience Mr. Tim Bolduc, 9278 East River Drive, Navarre Fl, gave his thoughts on the ordinance pertaining to the Itinerant Vendor.
9. Adjournment
This meeting was adjourned by Mr. Whitten at 5:49 p.m.
______Elizabeth M. Roy J B Whitten City Clerk Council President
Minutes approve this_____ day of , 20__.
4 Special Meeting Minutes 11/26/2018 Workshop Meeting November 26, 2018 5:30 p.m. Council Chambers
The Workshop Meeting of the Crestview City Council was called to order at 5:30 P.M. or the conclusion of the Special Meeting. Members present were: President J.B. Whitten, Vice President Bill Cox. Also present were the honorable Mayor David Cadle, City Clerk Elizabeth Roy, City Attorney Bill Holley department heads and members of the press. Joe Blocker, Shannon Hayes were absent from this workshop. The honorable Mayor David Cadle and Mr. Doug Faircloth are not in attendance.
WORKSHOP
1. Called to Order
This workshop was called to order by Mr. Whitten, who stated that Mr. Faircloth and Mayor Cadle would not be in attendance.
2. Pledge of Allegiance
The pledge was held over from the Special Meeting
3. Open Workshop
The Workshop was opened by Mr. Whitten.
4. Approval of Agenda
Mr. Whitten asked if there were any changes to the Agenda.
There were none and Council gave consensus to present Workshop Agenda.
5. Public Opportunity on Council proposition
6. Workshop Items
a. Discussion of Red Light Hearing Officer and Municipal Fee.
Ms. Roy, City Clerk, stated that the Council approved in 2018 to install redlight cameras in the City of Crestview. The installation is complete, and they will go “live” January 1, 2019. Notification of these cameras have been completed and now there are two more factors that have to be decided before we go live. The first on is a resolution declaring who the Clerk will for the Hearing Officer. The second is having a Hearing Officer. There is currently one who is in Gulf Breeze for $175.00 an hour, which covers all costs, including pre-hearing review and travel. Ms. Roy recommended using this option or if the Council can advertise for the position.
Ms. Roy then informed Council that if a person chooses to have a hearing and are found guilty the charge is $158.00 plus a maximum of $250.00. This will all be presented for approval on December 10th City Council Meeting.
Discussion ensued regarding a Hearing Officer.
Mr. Whitten asked for a census for having this presented at the City Council meeting to vote on.
Council gave a consensus to have this on the Agenda at the next City Council meeting.
7. Other Items for Discussion
Mr. Hayes shared information from a legislative conference he recently attended.
Mr. Cox shared his thoughts on being thankful of the items that were passed in the mid-term election and other items.
Mr. Whitten stated that on December 18th a meeting of the Northwest Florida Legislative Delegation would be held at Northwest Florida State College at 5:30 p.m. He then announced that the February 21st, League of Cities dinner will be hosted in Crestview.
8. Comments from the Audience
9. Adjournment
This meeting was adjourned by Mr. Whitten at 6:46 p.m.
______Elizabeth M. Roy J B Whitten City Clerk Council President
Minutes approve this day of______, 2019.
2 7. Public Hearings
a. Project Narrative for CDBG ED Grant.
CITY OF CRESTVIEW CDBG ECONOMC DEVELOPMENT APPLICATION PROJECT NARRATIVE
The City of Crestview, Florida is considering applying to the Florida Department of Economic Opportunity (DEO) for a grant in the Economic Development category in the amount of $1,049,970.00 under the FFY 2017 Small Cities Community Development Block Grant (CDBG) program. For each activity that is proposed, at least 70% of the funds must benefit low-and-moderate income persons. The activities, dollar amounts and estimated percentage benefit to low-and-moderate income persons for which the City of Crestview is considering applying are:
Activity Number and Name Budget LMI% Benefit
03J – Sanitary Sewer Facilities $ 112,355.00 At Least 51%
03J – Water Line Extension $ 51,540.00 At Least 51%
03K – Street Improvements $ 599,355.00 At Least 51%
17B – Flood & Drainage $ 112,355.00 At Least 51%
016 – Engineering $ 90,368.00 N/A
21A – Administration $ 83,997.00 N/A
Total $ 1,049,970.00
The project will undertake the construction of a sanitary sewer lift station and force main, the extension of a six inch (6”) potable water main 1,769 feet, construction of an entrance road (Patriot Lane) and Flood & Drainage Improvements related to the construction of the entrance road. All of the proposed infrastructure improvements are needed for the construction and operation of the Pinnacle of Crestview Assisted Living Facility (ALF) which will be located at 1200 Patriot Lane in the City of Crestview. The Pinnacle of Crestview ALF will contain approximately seventy (70) Assisted Living Beds.
Long-Term Care of Crestview, LLC, the project developers, are estimating the Pinnacle of Crestview ALF facility will result in the creation of, a minimum of thirty (30) full time equivalent employment positions. All thirty (30) of these new, full time equivalent employment positions are being claimed for points in the application. A minimum of sixteen (16) of the thirty (30) individuals employed as a result of the Pinnacle of Crestview ALF facility being developed will be members of low and moderate income households prior to being employed at the Pinnacle of Crestview ALF facility. All sixteen (16) full time equivalent low-and- moderate income positions claimed for points in this application will be full time positions. If the Pinnacle of Crestview ALF facility employs more than thirty (30) individuals, at least fifty-one percent (51%) of the individuals employed will be members of low-and-moderate income families prior to their employment with the Pinnacle of Crestview ALF facility. Thus, the national objective “Benefit to Low-and-Moderate Income Persons” will be realized by this project.
b. Ordinance 1673 Rezoning of 29.39 acres – Old Bethel Rd – Tim Pauls.
CITY OF CRESTVIEW Item # 7b
AGENDA ITEM
CITY COUNCIL MEETING DATE: January 14, 2019 TYPE OF AGENDA ITEM: Public Hearing – Ord 1673
TO: Mayor; City Council; City Clerk; CC: Department Heads and City Attorney FROM: Growth Management Department DATE: January 10, 2019 SUBJECT: Second Reading of Ordinance 1673 – Rezoning change for 29.39+/- acres located in Section 32, Township 4 North, Range 23 West, Okaloosa County
BACKGROUND: Timothy Pauls, authorized agent, has submitted an application requesting the rezoning of 29.39 acres, situated in Section 32, Township 4 North, Range 23 West, Okaloosa County, Florida. The 29.39 acres consist of a single parcel, which is identified under Parcel Identification Numbers 32-4N-23- 0000-0019-0000, in the Public Records of Okaloosa County. The property was annexed July 24, 2006 and was assigned the Medium Density Residential Future Land Use Category. The Property does not currently carry a City Zoning District designation. The Future Land Use Categories, Zoning Designations and the existing use of the surrounding properties are as follows:
Direction FLU Zoning Existing Use East County LDR County R-1 Single Family/Vacant South City PL City PL/C Non-residential West County LDR/PL County R-1 Single Family North County LDR County R-1 Single Family
The application requests that the assignment of Single or Multi-Family Dwelling District Zoning (R-2) designation be placed on the property.
The subject parcel has been improved by a large single-family residence. A large portion of the remaining acreage was covered in mature planted pines, which recently, have begun to be harvested.
STAFF RECOMMENDATION: The Staff recommends adopting Ordinance 1673 on second reading and sending to the Mayor, Council President and City Clerk for signatures.
RECOMMENDED MOTION: I move to adopt Ordinance 1673 on second reading and sending to the Mayor, Council President and City Clerk for signatures. ORDINANCE NO. 1673
AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR THE REZONING OF 29.39 ACRES, MORE OR LESS, OF REAL PROPERTY, LOCATED IN SECTION 32, TOWNSHIP 4 NORTH, RANGE 23 WEST, FROM THE OKALOOSA COUNTY RESIDENTIAL SUBURBAN SINGLE (RSS) AND AGRICULTURAL (AA) DISTRICT ZONING TO THE CITY OF CRESTVIEW SINGLE OR MULTI-FAMILY DWELLING DISTRICT ZONING (R-2); PROVIDING FOR AUTHORITY; PROVIDING FOR THE UPDATING OF THE CRESTVIEW ZONING MAP; PROVIDING FOR SEVERABILITY; 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 29.39 acres, more or less, of real property lying within the corporate limits of Crestview, Florida, being formerly zoned Okaloosa County Residential Suburban Single (RSS) And Agricultural (AA) District Zoning with the City of Crestview Medium Density Residential Future Land Use Map designation as ratified by the Florida Department of Community Affairs, is hereby rezoned to the City of Crestview Single or Multi-Family Dwelling District Zoning (R-2) to wit:
PIN # 32-4N-23-0000-0019-0000
170 YARDS SQUARE IN THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, ALL IN SECTION 32, TOWNSHIP 4 NORTH, RANGE 23 WEST, LESS SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER SECTION 32, TOWNSHIP 4 NORTH, RANGE 23 WEST, ALL LYING AND BEING IN OKALOOSA COUNTY, FLORIDA, CONTAINING 34.58 ACRES, MORE OR LESS.
LESS AND EXCEPT: 5 ACRE TRACT: A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 4 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST BOUNDARY OF SAID SOUTHEAST QUARTER OF SECTION 32 WITH THE NORTH RIGHT-OF-WAY LINE OF OLD BETHEL ROAD (100' PUBLIC RIGHT-OF-WAY); THENCE NORTH 88°03'50" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 657.55 FEET TO THE SOUTHEAST CORNER OF A 6 ACRE PARCEL (PARCEL 1 RECORDED IN OFFICIAL RECORDS BOOK 2506, PAGE 1746) HEREAFTER REFERRED TO AS "PARCEL 1", SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE NORTH 88°03'50" WEST ALONG SAID RIGHT-OF-WAY LINE, A
January 14, 2019 – Adoption Reading 1 Ordinance 1673 DISTANCE OF 154.00 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE, PROCEED NORTH 02°02'55" EAST, A DISTANCE OF 754.07 FEET; THENCE SOUTH 87°55'11' EAST, A DISTANCE OF 810.42 FEET TO A POINT ON THE AFORESAID EAST BOUNDARY OF THE SOUTHEAST QUARTER; THENCE SOUTH 01°58'54" WEST ALONG SAID EAST BOUNDARY, A DISTANCE OF 154.92 FEET TO THE NORTHEAST CORNER OF THE 3.3 ACRE EXCEPTION TRACT RELATED TO AND RECORDED WITH THE AFORESAID PARCEL 1; THENCE ALONG THE NORTH BOUNDARY, THEREOF, AND THE NORTH AND EAST BOUNDARIES OF SAID PARCEL 1, THE FOLLOWING TWO (2) CALLS: 1) THENCE NORTH 87°55'11" WEST, A DISTANCE OF 656.60 FEET; 2) THENCE SOUTH 02°02'55' WEST, A DISTANCE OF 598.76 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 5.0 ACRES OF LAND, MORE OR LESS.
SECTION 3. MAP UPDATE. The Crestview Zoning Map, current edition, is hereby amended to reflect the above changes concurrent with passage of this ordinance.
SECTION 4. SEVERABILITY. If any word, phrase, clause, paragraph, section 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 the ordinance which can be given effect without the invalid or unconstitutional provisions of this ordinance are declared severable.
SECTION 5. 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 14th DAY OF JANUARY, 2019.
ATTEST: J B WHITTEN Council President
ELIZABETH M. ROY City Clerk
APPROVED BY ME THIS DAY OF , 2019.
DAVID CADLE Mayor
January 14, 2019 – Adoption Reading 2 Ordinance 1673 Location Map
29.39+/- acres ORDINANCE NO. 1673
January 14, 2019 – Adoption Reading 3 Ordinance 1673 c. Ordinance 1674 Itinerant Vendors Regulations.
CITY OF CRESTVIEW Item # 7c
AGENDA ITEM
CITY COUNCIL MEETING DATE: January 14, 2019 TYPE OF AGENDA ITEM: Public Hearing - Ord 1674
TO: Mayor; City Council; City Clerk; CC: Department Heads and City Attorney FROM: Growth Management Department DATE: January 10, 2019 SUBJECT: Second Reading of Ordinance 1674 – Itinerant Vendors, Mobile Food Vendors, Peddlers & Solicitors
BACKGROUND: The City of Crestview has historically been reluctant to codify any regulations relating to mobile and itinerant vending. Presently there is a policy document that loosely guides Mobile Food Vending but does not solidly regulate mobile vending and/or itinerant vending within the City. Though the policy document seeks to protect the health and safety of Crestview Citizens by requiring Vendors to have insurance, a tax receipt, and by “regulating” the location and other items such as seating, it falls short by not addressing the entire spectrum of mobile vending issues but most importantly it is not codified into the Code of Ordinances. In the recent past, there have been issues brought before Council relating to itinerant vendors and the lack of an ordinance. Concerns about fees, location, aesthetics, legality, enforcement, special events, and other aspects of this issue were brought to the forefront of the conversation. The report on Itinerant Vending was presented in October to reopen this conversation while shedding light on the issues involved and hopefully providing Council with additional information and perspective to illicit thought, discussion, and action. The results of the meeting in October has yielded Ordinance 1674, which shall create Article XXIV Itinerant Vendors, Mobile Food Vendors, Peddlers and Solicitors in Chapter 102 of the City’s Code of Ordinances.
STAFF RECOMMENDATION: The Staff recommends adopting Ordinance 1674 on second reading and sending to the Mayor, Council President and City Clerk for signatures.
RECOMMENDED MOTION: I move to adopt Ordinance 1674 on second reading and sending to the Mayor, Council President and City Clerk for signatures. ORDINANCE NO. 1674
AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR AUTHORITY; PROVIDING FOR THE AMENDMENT OF CHAPTER 102 OF THE CODE OF ORDINANCES, CITY OF CRESTVIEW, FLORIDA, BY ADDING ARTICLE XXIV, ITINERANT VENDORS, MOBILE FOOD VENDORS, PEDDLERS & SOLICITORS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA, AS FOLLOWS:
WHEREAS, Article VIII, Section 2, Constitution of the State of Florida, authorizes the City of Crestview to exercise any power for municipal purposes except as otherwise provided by law; and WHEREAS, Sections 163.3202, 166.021 Florida Statutes, provides that the City of Crestview shall adopt and enforce land development regulations for the purposes of implementing its comprehensive plan and protecting the public’s health, safety, and general welfare; and WHEREAS, the City Council of the City of Crestview finds it is in the best interest and welfare of the citizens of the City to enact this ordinance; and WHEREAS, the City of Crestview has complied with all requirements and procedures of 166.041 Florida Statutes and Florida law in processing and advertising this Ordinance; and WHEREAS, the City of Crestview seeks to encourage business development, for small-business owners and entrepreneurs; and WHEREAS, it is necessary to avoid the creation of adverse traffic, pedestrian and public health and safety conditions, particularly on routes where the dominant function is the safe movement of vehicular traffic; and WHEREAS, it is necessary to regulate the level and intensity of Vendor activities on roads and other public places to ensure that the site is retained for its primary purpose; and WHEREAS, the City of Crestview seeks to accommodate appropriate Vendor activities in order to provide services that enhance the visitor/resident experience.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA:
SECTION 1. AUTHORITY. The authority for enactment of this ordinance is contained in Chapter 166.021, F.S. and Section 1.01, City Charter. SECTION 2. That Chapter 102 of the Code of Ordinances, City of Crestview, Florida, is hereby amended by adding Article XXIV, Itinerant Vendors, Mobile Food Vendors, Peddlers & Solicitors, which said Article shall read as follows:
January 14, 2019 - Adoption Reading Page 1 ARTICLE XXIV. ITINERANT VENDORS, MOBILE FOOD VENDORS, PEDDLERS & SOLICITORS
Sec. 102-600. Purpose and Intent. (a) The purpose of this Article is to establish regulations for the location, approval and permitting of Itinerant Vendors, Mobile Food Vendors, Peddlers & Solicitors. These administrative regulations are intended to provide orderly and effective management of temporary land use. (b) The Intent of this Article is multifaceted and seeks to address the many concerns associated with Itinerant Vending. The following objectives apply: (1) To aid and encourage small business development and entrepreneurialism, while protecting the interests of established “brick and mortar” businesses. (2) To ensure that itinerant Vending locations are appropriate and will not create any unsafe or unsanitary condition nor put undue strain on nearby “brick and mortar” establishments. (3) To ensure that the parking of Vending vehicles or the placement of equipment, merchandise and any wares, will not adversely affect the public amenity and/or the aesthetics and functionality of the streetscape area. (4) To protect the health, safety, and welfare of all citizens of and visitors to Crestview.
Sec. 102-601. Definitions. The following words, terms and phrases when used in this Article, shall have the meanings ascribed to them in this Article, except where the context clearly indicates a different meaning: Commissary – A public food service establishment licensed by the division or a food establishment permitted by the Department of Agriculture and Consumer Services, which is utilized by a mobile food dispensing vehicle for the purpose of providing all required support services, including potable water and wastewater disposal that are not available on the mobile food dispensing vehicle. (61-C-0001 FAC). Division – refers to the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulations. Food Code – This term as used in Chapters 61C-1, 61C-3 and 61C-4, F.A.C., means paragraph 1-201.10(B), Chapter 2, Chapter 3, Chapter 4, Chapter 5, Chapter 6, Chapter 7, and Sections 8-103.11 and 8-103.12 of the Food Code, 2009 Recommendations of the United States Public Health Service/Food and Drug Administration including Annex 3: Public Health Reasons/Administrative Guidelines; Annex 5: Conducting Risk-based Inspections), herein adopted by reference. A copy of the Food Code, as adopted by the division, is available on the division’s Internet website www.MyFloridaLicense.com/dbpr/hr. A copy of the entire Food Code is available on the U.S. Food and Drug Administration Internet website. Printed copies of the entire Food Code are available through the National Technical Information Service, 5301 Shawnee Road, Alexandria, VA 22312. Food establishment – As utilized in the Food Code, this term shall apply to public lodging establishments and food service establishments as defined in Chapter 509, F.S., according to the context of the applicable rule language.
January 14, 2019 - Adoption Reading Page 2 Itinerant Vendor means any and all persons, firms and corporations, as well as their agents and employees, who engage in the temporary and/or transient business which offers services, merchandise, wares, goods, and/or other articles for purchase from one or more stationary or mobile locations and who, for the purpose of carrying on such business may rent, lease, hire, or otherwise occupy a space in any building, structure or occupy any area on a lot or parcel of land or who occupies a vehicle, self-propelled or otherwise, through which any services, merchandise, wares, goods, and/or other articles, may be traded, bartered, sold, offered for sale, or exhibited for sale within the City. Itinerant Vending Operations – is a term used in this Article that generally refers to the Itinerant Vending categories as a whole with respect to certain site requirements or components of an Itinerant Vending use. Mobile Food Vendor means any Itinerant Vendor, which travels by self-propelled or non-self-propelled vehicle, trailer, wagon, or any other conveyance, from place to place, or from street to street, carrying, conveying or transporting edible goods, such as meats, fish, vegetables, fruit, or other, which are sold, offered for sale, and/or exhibited for sale. The term Mobile Food Vendor includes but is not limited to the terms lunch wagon, cart, ice cream truck, mobile food truck and others. Peddler means any person who carries from place to place any goods wares or merchandise which may be sold, is exhibited for sale, and may or may not be immediately delivered, or bartered the same, shall be deemed to be a Peddler. All persons who do not keep a regular place of business, open at all times during regular business hours and at the same place, who shall offer for sale goods, wares and merchandise, shall be deemed Peddlers under this Article. All persons who keep a regular place of business, open at all times in regular business hours and at the same place, who shall, elsewhere than at such regular place of business, personally or through their agents, offer for sale or sell and, at the time of such offering for sale, deliver goods, wares and merchandise, shall also be deemed Peddlers as above. Premises – The public food service or lodging establishment and the contiguous land or property under the control of the operator. The property may include all yards, alleys, driveways, sidewalks, and other exterior portions of the licensed premises. Public food service establishments, as defined in Section 509.013(5), F.S., are licensed in accordance with the following classifications and requirements: Non- seating - a) Permanent – Permanent non-seating establishments are classified as those fixed public food service establishments for which the sole service provided is intended as take-out or delivery, or which do not otherwise provide accommodations for consumption of food by guests on the premises, or premises under the control of the operator. For the purposes of this section, establishments located at food courts and malls are classified in this manner as long as seating is not provided within the premises of the establishment itself. b) Mobile food dispensing vehicle – Mobile food dispensing vehicles are classified as any vehicle mounted public food service establishments which are self-propelled or otherwise movable from place to place and include self-contained utilities, such as gas, water, electricity and liquid waste disposal. c) Caterer – Caterers are classified as any public food service establishments where food or drink is prepared for service elsewhere in response to an agreed upon contract for a function or event. The term includes catering kitchens. For the purpose of this rule, the term “caterer” does not include those establishments licensed pursuant to chapter 500 or 381, F.S., or any other location where food is provided or displayed for sale by the individual meal. A licensed public food service establishment that also provides catering services is not required to hold a separate catering license from the division. Caterers
January 14, 2019 - Adoption Reading Page 3 must meet all applicable standards of a public food service establishment as provided in rules 61C-1.004, 61C-4.010 and 61C-4.023, F.A.C. Separate independent caterers utilizing the equipment or premises of a licensed public food service establishment are deemed operators as defined by section 509.013(2), F.S., of such public food service establishment and subject to all applicable requirements of law and rule. Temporary public food service establishments and vendors. a) Temporary public food service establishments are classified as those establishments operated at temporary food service events as defined in section 509.013(8), F.S. If upon inspection the temporary public food service establishment does not meet minimum sanitation standards as provided in chapters 61C-1 and 61C-4, F.A.C., food service operations shall be discontinued until corrections are complete and verified by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation. b) Public food service establishments that have a current license may operate one facility at a temporary event as part of the existing license. Each additional facility operated by the same licensee must acquire a separate temporary food service event license.
Self-sufficient mobile food dispensing vehicle – A public food service establishment classified as a mobile food dispensing vehicle that contains, as part of the vehicle, a three compartment sink for washing, rinsing, and sanitizing equipment and utensils; a separate hand wash sink; adequate refrigeration and storage capacity; full provision of power utilities including electrical, LP gas, or a portable power generation unit; a potable water holding tank; and a liquid waste disposal system in accordance with Subparts 5-3 and 5-4 of the Food Code. Solicitation means a request, directly or indirectly, for money, property, financial assistance, or any other thing of value on the plea or representation that such money, property, financial assistance, or other thing of value or a portion of it will be used for a charitable or sponsor purpose or will benefit a charitable organization or sponsor. The term includes, but is not limited to, the following methods of requesting or securing the promise, pledge, or grant of money, property, financial assistance, or any other thing of value: a) Making any oral or written request; b) Making any announcement to the press, on radio or television, by telephone or telegraph, or by any other communication device concerning an appeal or campaign by or for any charitable organization or sponsor or for any charitable or sponsor purpose; c) Distributing, circulating, posting, or publishing any handbill, written advertisement, or other publication that directly or by implication seeks to obtain any contribution; or d) Selling or offering or attempting to sell any advertisement, advertising space, book, card, coupon, chance, device, magazine, membership, merchandise, subscription, sponsorship, flower, admission, ticket, food, or other service or tangible good, item, or thing of value, or any right of any description in connection with which any appeal is made for any charitable organization or sponsor or charitable or sponsor purpose, or when the name of any charitable organization or sponsor is used or referred to in any such appeal as an inducement or reason for making the sale or when, in connection with the sale or offer or attempt to sell, any statement is made that all or part of the proceeds from the sale will be used for any charitable or sponsor purpose or will benefit any charitable organization or sponsor.
A solicitation is considered as having taken place regardless of whether the person making the solicitation receives any contribution. A solicitation does not occur when a person applies for a grant or an award to
January 14, 2019 - Adoption Reading Page 4 the government or to an organization that is exempt from federal income taxation under s. 501(a) of the Internal Revenue Code and described in s. 501(c) of the Internal Revenue Code and is duly registered with the department.
Solicitor means any person, firm, or corporation as well as their agents and employees, who engage in any means of request, directly or indirectly, for money, property, financial assistance, or any other thing of value on the plea or representation that such money, property, financial assistance, or other thing of value or a portion of it will be used for a charitable purpose or will benefit a charitable organization or sponsor. The term shall also include, but is not limited to, taking or attempting to take orders for the sale of goods, wares or merchandise, subscriptions or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of such sale or whether he is collecting advance payments on such sale or not; distributing, circulating, posting, or publishing any handbill, written advertisement, or other publication that directly or by implication seeks to obtain any contribution shall also be included in this term. Temporary food service event – Any event of 30 or fewer consecutive days in duration, advertised and recognized in the community, where food is prepared, served, or sold to the general public.
Sec. 102-602. Itinerant Vendor, Peddler, Solicitor Compliance Certificate – Required. (a) It shall be unlawful for any person, firm, or corporation, to engage in the business activities of Itinerant and/or Mobile Vending, Peddling or Solicitation, within the City of Crestview, without first registering with the City by obtaining an Itinerant Vendor, Peddler, and Solicitor Compliance Certificate. (1) Any Itinerant Vendor, Peddler, a Solicitor wishing to engage in the business activities of itinerant and/or Mobile Vending, Peddling or Solicitation, within the City of Crestview, shall make application to the Growth Management Department on forms provided by the department. (2) The Growth Management Department of the City of Crestview shall issue to any itinerant Vendor, Peddler, or Solicitor, a Compliance Certificate authorizing such Itinerant Vendor, Peddler, or Solicitor, to sell, exhibit for sale or offer for sale, in the City of Crestview, any goods, wares and merchandise only after such itinerant Vendor, Peddler, or Solicitor shall have fully complied with the provisions of this Article. (b) The Itinerant Vendor, Peddler, and Solicitors Compliance Certificate shall be valid from October 1st to September 30th of the following year and shall be based on the type of Vending, Peddling, and/or soliciting each applicant is proposing and the time of year in which application is made. A base annual registration fee shall be established with regards to the following categories: (1) Itinerant Vending Categories. a. Itinerant Auto Oriented Sales/Events – This category includes the itinerant sales of self-propelled vehicles and non-self-propelled vehicle trailers, to include but not be limited to cars, trucks, fifth-wheel trailers, trailers, campers, off-road vehicles, motorcycles, dirt bikes, boats, ski-dos, jet-skis, and others. This category includes temporary auto consignment lots. This category does not include the one-time sale of a single vehicle by a resident of the City. b. Tent Sales – This category includes itinerant sales of both seasonal and non- seasonal items which involve semi-mobile or stationary, temporary sales and sales events to include but not be limited to Christmas tree lots, firework stands,
January 14, 2019 - Adoption Reading Page 5 home mercantile product sales, used merchandise, garage type sales (offsite of a parcel land on which the primary use is residential in nature), farmer’s markets, and others. This does not include those temporary sales events conducted on the premises, including the parking lot, of established commercial enterprises, performed exclusively by the owner and/or operator of the commercial enterprise or with the expressed permission from said owner or operator by a commercial Vendor of new products which are sold within the commercial enterprise on the premises, within 15 feet of the primary structure. c. Mobile Vending Truck/Trailer – This category specifically refers to those Itinerant Vendors that travel by either self-propelled vehicle or are otherwise pulled or moved by a self-propelled vehicle. This category also includes Mobile Food Dispensing Vehicles (MFDV’s) including trucks and trailers which utilize either a water and sewer connections or a commissary at another location and ice cream trucks. d. Mobile Food Cart – is synonymous with push cart, hand cart, hand-drawn cart, and hot dog stand/cart and are a class of MFDV. Push carts are any variety of small, light, non-motorized, self-propelled units, which are moved by hand and are used exclusively for the retail sales of flowers, plant, fruits, vegetables, beverages, pre-packaged food stuffs, hot dogs, sausages, and ice cream. (c) Back Ground Investigation. (1) Each applicant for an Itinerant Vendor, Peddler, and Solicitor Compliance Certificate shall agree, when making application, to submit to a limited background investigation. Upon receipt of such application, a copy shall be transmitted to the Chief of Police who shall make the following type investigations: a. Commercial activities. The Chief of Police or designee shall cause an investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public health, safety, and welfare. The applicant shall include any and all employee information as deemed necessary by the Chief of Police. b. A copy of all Vendor’s, Solicitor’s or Peddler’s application must be submitted to the Chief of Police for approval. (d) Applicants for a Compliance Certificate under this Article must file with the Growth Management Department a signed application which shall give the following information: (1) Name of the applicant and of each person who owns 10 percent or more of the outstanding stock or equity interest in the licensed activity. (2) A valid driver’s license. (3) The applicants’ vehicles’ make, model, color and tag number if applicable. (4) Permanent home address, valid telephone number and email address of the applicant. (5) The applicant shall provide their federal employer identification number and sales tax identification number. (6) The address or parcel identification number of the planned Vending site, including the property owner’s name and telephone number. (7) A notarized statement from the property owner(s) that the temporary use is allowed on the property. The statement must include the temporary use dates (including setup and
January 14, 2019 - Adoption Reading Page 6 take-down), location, description type and the name of the business and representative designated by the property owner. (8) A brief description of the nature of the business and the goods, food or beverages to be sold. (9) The address of the commissary, if applicable.
Sec. 102-603. Temporary Vending Permit – Required. It shall be unlawful for any person, firm, or corporation, to engage in the business activities of Itinerant and/or Mobile Vending, Peddling or Solicitation, within the City of Crestview, without first obtaining a Temporary Vending Permit. (a) A Temporary Vending Permit shall be issued upon such conditions as the Growth Management Department may reasonably require, assuring compliance with the City of Crestview’s Code of Ordinances. (1) All applications received for a particular location will be processed on a first come first serve basis. Any subsequent applications received may be issued once the prior applicant has vacated the premises. (2) A Compliance Certificate shall have been obtained prior to issuance of a Temporary Vending Permit. (3) All Vendors must adhere to all applicable State and Local laws. (b) Applicants for permit under this Article must file a signed application with the Growth Management Department. The application shall provide sufficient information to determine if the proposed site and temporary activity comply with this Article and other provisions of the Code of Ordinances. (c) In addition to the application, all applicants shall submit: (1) Copies of all applicable State licenses. (2) Insurance. a. Proof of general liability insurance, such proof in a form acceptable to the City, issued by an insurance company that is licensed to do business in the State of Florida, protecting the applicant from all claims for damages to property or bodily injury, which may arise from operations under or in connection with the Vendor’s activity. b. For all motorized Mobile Vending units, proof of auto liability insurance, such proof in a form acceptable to the City, issued by an insurance company that is licensed to do business in the State of Florida, protecting the applicant from all claims for damages to property or bodily injury, which may arise from the use of a motor vehicle in connection with Mobile Vending and shall be in an amount no less than $1,000,000 per occurrence. c. A signed and notarized hold-harmless agreement (form to be provided by City). (3) A Site plan, accurate drawing or pictorial representation of the property to be used, rented, or leased for the temporary Vending use, which shall include the following: a. All existing and proposed structures on-site, b. The structural dimensions and locations in relation to property lines,
January 14, 2019 - Adoption Reading Page 7 c. The zoning district setback lines, d. Locations of temporary sanitary facilities (Port-o-lets) and waste disposal, e. Parking areas, f. Signage, and g. The means of ingress and egress for vehicular and pedestrian traffic; h. Any additional information necessary to accurately portray the property and to identify the area to be utilized for the event; and i. A description of the proposed use. j. Mobile Food Carts are exempt from this requirement. (d) Door to Door Solicitors and Peddlers, in addition to Items 102-602(a) through 102-602(c) above, must provide: (1) If employed, the name and address of the employer, together with credentials establishing the exact relationship. (2) A valid driver’s licenses for all drivers and related proof of insurance. (3) The length of time and location for which the Solicitation or Peddling shall occur. (4) A signed and notarized hold-harmless agreement (form to be provided by City). (e) Itinerant Vending Permit Time-Frames. (1) All applicable licensure, certificates and permits must be obtained prior to the installation of any temporary structures, lighting, signage, etc. (2) The application for a Temporary Vending Permit for all uses shall be filed no less than twenty-one (21) days prior to the date on which the permit is to take effect. (3) Duration of Temporary Vending Permit (TVP) by Itinerant Vendor Category. a. Itinerant Auto Oriented Sales/Events - A TVP issued to an Itinerant Auto Oriented Sales/Event use, shall be valid for a maximum of fifteen (15) consecutive days, two (2) times per calendar year. Each 15-day period shall be separated by at least 30 days within the same calendar year. Dates of operation will include dates to assemble and dismantle equipment and/or structures. b. Tent Sales - A TVP issued to an Itinerant Tent Sales use, shall be valid for a period not to exceed fifteen (15) consecutive days, three (3) times per calendar year. Dates of operation will include dates to assemble and dismantle equipment and/or structures. c. Mobile Vending Truck/Trailer – A TVP issued to an Itinerant Mobile Vendor Truck/Trailer use, shall be valid for period of time not to exceed one year (365 days) from the date of issuance. d. Mobile Food Cart – A TVP issued to an Itinerant Mobile Food Cart use, shall be valid for a period of time not to exceed one year (365 days) from the date of issuance. e. Solicitors – A TVP issued to a Solicitor shall be valid for a period of time not to exceed one year (365 days) from the date of issuance.
January 14, 2019 - Adoption Reading Page 8 Sec. 102-604. Regulations, Requirements, Site Restrictions. (a) Use Restrictions. (1) Temporary Vending operations and events shall only occur within Commercial (C-1 and C-2), Industrial (M-1) and Downtown Mixed Use (DMU) Zoning Districts. (2) At no time shall any temporary Vending operations disrupt the flow of vehicular or pedestrian traffic on or off-site. (3) Itinerant Auto Oriented Sales shall not be located on vacant and/or unimproved lands. (4) Itinerant Auto Oriented Sales/Events and Tent Sales shall be limited to one temporary Vending permit per parcel of land at any given time. (5) Itinerant Auto Oriented Sales/Events and Tent Sales, when located on any parcel of land or lot of record, with an existing primary use building or structure, shall be limited to one temporary Vending permit at any given time. (6) Mobile Vending Trucks and trailers shall not be located on vacant and/or unimproved lands. (7) There shall not be more than three Mobile Vending trucks and/or trailers on one parcel of land at any given time. (8) Mobile Food Carts shall not be required to maintain the applicable zoning district yard regulations but at no time shall any Mobile Food Cart become stationary within any public right-of-way, obstruct any vision triangle, and/or obstruct or detract from any vehicular or pedestrian traffic flow. (b) Site Requirements. (1) At no time shall a Mobile Vending truck or trailer be closer than 10 feet to one another Mobile Vending truck or trailer on the same parcel of land. (2) All Itinerant Vending operations shall maintain the applicable Zoning District setback standards, for the zoning district in which they are located. (3) At no time shall any component of an itinerant Vending operation be located within 10 feet of any permanent structure onsite. (c) Parking. (1) At no time shall any temporary Vending operations restrict the number of parking spaces to a level below what is required by this Land Development Code for the permanent primary use onsite. (2) Adequate parking areas, consistent with current zoning requirements for similar uses shall be maintained during such temporary Vending uses. a. Parking spaces required to fulfill the minimum requirements of a principal use, on site or adjacent to the itinerant Vending use, as per section 102-151 of this Code may not be used by any Itinerant Vendor operation. b. Parking shall only be allowed on designated parking areas identified on the approved site plan. (3) No parking will be allowed on any public right-of-way. (d) Traffic. (1) Traffic generation shall not adversely impact the flow of traffic on an adjacent roadway.
January 14, 2019 - Adoption Reading Page 9 (2) The use of any existing access drives on or connected to the property, parcel, or lot on which the itinerant Vending use is located is required. (e) Temporary Structures. (1) Only one temporary structure is allowed per permitted Itinerant Vending operation. a. Itinerant Auto Oriented Sales/Events and Tent Sales shall be limited by the following: 1. The temporary structure may be a tent or a trailer that has been built as an office trailer. i. Temporary structures do not include motor homes, camp trailers or the like. 2. The temporary structure may require a building permit to be obtained and subsequently require an inspection by the building and the fire department prior to operation. (f) Sanitation. (1) The Site shall be kept clean of all debris, trash, waste, or other unsightly condition. (2) Temporary sanitary facilities (Port-o-lets), shall be kept in a clean and working order. (g) Signage. (1) Any Temporary signage shall be installed and maintained in compliance with Chapter 102 - Land Use Regulations, Article XVI Signs. (h) Utilities. (1) New temporary electrical poles shall not be provided. If one exists onsite it may be utilized for the temporary Vending operation, provided it meets the following requirements: a. Any use of power from the main structure onsite shall be in accordance with the Florida Building and Life Safety Codes and b. The use of electrical cords is prohibited. (i) Additional Mobile Food Cart Requirements. (1) Location. a. Mobile Food Carts shall be permitted to operate in Commercial or Downtown Mixed Use zoning districts in the Downtown area, bounded by Bowers Avenue West to the south, by Ferdon Blvd. to the east, by James Lee Blvd. West to the north, and by Wilson Street to the west. b. Mobile Food Carts shall only be located on properties where there is an existing use that is non-residential in nature. c. Mobile Food Carts shall not be placed on an unimproved surface during the course of business. d. Mobile Food Carts selling food and/or beverages shall not stop and conduct business within 100 feet of any indoor and/or outdoor eating establishment including another food cart.
January 14, 2019 - Adoption Reading Page 10 e. No more than two (2) Mobile Food Carts shall be located on any block face at any given time except during organized and permitted events. f. At no time, shall placement of a Mobile Food Cart impede pedestrian or vehicular traffic. g. At no time, shall placement of a Mobile Food Cart deteriorate any pedestrian or vehicular site triangle. h. At no time, shall Mobile Food Carts placement be in front of a buildings entrance, a fire hydrant, or emergency exit. i. All applicable permits must be obtained prior to the installation of any temporary structure, lighting, signage, etc.
Sec. 102-605. Administration. (a) Application shall be made to the Growth Management Department, on forms provided by the department, for a Compliance Certificate and a Temporary Vender Permit prior to any Itinerant Vending operation setup within the City limits. (b) Upon approval of the Compliance Certificate application for operating as an Itinerant Vendor within the City limits, the applicant may submit a temporary use permit application for the specific location and timeframes for said operation. (c) The Growth Management Department shall review the application the duration of the permit and specifying such conditions as to, location, parking, traffic, access and any other conditions of the activity that may be required for permit issuance.
Sec. 102-606. Denial or Revocation of Itinerant Vendor Compliance Certificate and/or Temporary Vending Permit. (a) The Growth Management Department may revoke, suspend, or deny the issuance of any Itinerant Vending Compliance Certificate or Temporary Vending Permit if it is determined that an applicant has: (1) Been convicted of or entered a plea of guilty or nolo contendere to, a crime against the laws of this state or any other state of the United States, involving moral turpitude, fraudulent or dishonest dealing, or the illegal use or sale of a controlled substance. (2) Has obtained a permit by fraud, false statement, misrepresentation, or failure to truthfully answer any question in the required permit application. (3) Has failed to obtain required approvals from the state or obtain any applicable permits or licenses. (4) Upon finding imminent and hazardous threats to public health and safety caused by any use, the Growth Management Department may take reasonable steps to prevent public access thereto and to eliminate such hazard and may revoke or suspend a certificate permit. (5) Not later than 10 days after the filing of a completed application for a Vendor’s certificate, the applicant shall be notified by the Growth Management Department of the decision on the issuance or denial of the license. If the issuance of the license is approved, the Growth Management Department may issue a temporary use permit upon review of an application for said permit.
January 14, 2019 - Adoption Reading Page 11 (6) If the temporary use permit is denied, the applicant shall be provided with a statement of the reasons therefor, which reasons shall be entered in writing on the application.
Sec. 102-607. Prohibitions. (a) No Temporary Vending Permit shall be issued for any Itinerant Vendor operation in a Residential Zoning District. (b) No Solicitor, Peddler or Vendor shall enter into any house, building or other structure or upon any land, parcel, lot, or property, without the prior consent of the owner or occupant thereof where there is placed or posted on the premises in a conspicuous position at or near the usual means of ingress or visible from such location, a sign or other form of notice stating or indicating that the owner or occupant thereof forbids or otherwise does not desire persons engaged in such or similar activity to enter upon the premises. (c) No Solicitor or Vendor shall conduct themselves or their business in an unlawful manner or in such manner as to constitute a breach of peace, is offensive to public decency or can be considered menacing to the health, safety or general welfare of the public. (d) It shall be unlawful for any person to sell or attempt to sell any commodity by means of Vending such commodity upon any street, sidewalk, public area, public right of way or private property in the City, without first obtaining a Compliance Certificate with the City and securing the required temporary Vending permit(s).
Sec. 102-608. Exemptions. (b) The following activities are exempt from the provisions of the Article: (1) Salesmen representing wholesale houses or distributors who sell to local retail merchants from catalogues or samples. (2) Sales of goods, wares, food, or merchandise at festivals, carnivals, celebrations or other special events sponsored and/or permitted by the appropriate governing body or authority. (3) The sale of privately owned and used merchandise, at garage or yard sales conducted on the privately owned or rented premises used as a residence by the seller of such goods. (4) The sale of farm, aqua cultural, grove, horticultural, floricultural, tropical porciculture, or tropical fish farm products, or other products manufactured there from, except intoxicating liquors, wine, or beer. (5) Sales of goods or merchandise purchased with donated funds or donated by the owners thereof, the proceeds whereof are to be applied to any charitable, not-for-profit, or philanthropic purpose. (6) Minors conducting home Solicitation sales under the supervision of an adult, or Solicitors, salespersons, or agents making calls or soliciting orders on behalf of a religious, charitable, scientific, educational, or veterans' institution or other not-for-profit organization are exempt from this Article. (7) Any public or nonprofit school which operates a carnival, fair, or other celebration, by whatever name known, which is in operation for 3 days or less and which includes the sale and preparation of food and beverages must notify the local county health department of the proposed event and is exempt from any temporary food service regulations with respect to the requirements for having hot and cold running water; floors which are constructed of tight wood, asphalt, concrete, or other cleanable material;
January 14, 2019 - Adoption Reading Page 12 enclosed walls and ceilings with screening; and certain size counter service. A school may not use this notification process to circumvent the license requirements of this chapter. Sec. 102-609 Appeals. Appeals may be filed as provided elsewhere within the land development code. A permit may be reinstated provided that the applicant has met all conditions and requirements.
Sec. 102-610. Compliance Certificate and/or Permit Nontransferable. Neither the certificate nor the permit provided for in this Article shall be transferable, nor give authority to more than one location, unless provided for by this Article, by any person to sell or exhibit goods or merchandise.
Sec. 102-611. Display of Certificate and Permit. Both the Itinerant Vending Compliance Certificate and the Temporary Vending Permit shall be displayed in a conspicuous place on the premises where the sale or exhibit is being conducted and shall remain displayed so long as any goods or merchandise are being sold or exhibited.
Sec. 102-612. Prerequisite for issuance of municipal or county occupational license.— A municipality or county may not issue an occupational license to any business coming under the provisions of this chapter until a license has been procured for such business from the division.
Sec. 102-613. Penalties. (a) Any person or business violating any provision of this Article or any rule, order, or regulation made pursuant to this Article shall be subject to a civil penalty in an amount not to exceed five hundred dollars ($500.00). Each day the violation exists shall be considered a separate violation. The penalty provided for herein is cumulative to other remedies or enforcement processes the City may have, including those available under F.S. Ch. 162, and Section 1-11 – General penalty; continuing violations, of the City of Crestview Code of Ordinances. (b) For the purposes of this Article, a separate offense shall be deemed committed for each day a violation of this Article exists, such time commencing on the day the offender is notified of the violation. (c) No person or business shall be in violation of this Article for catering activity, temporary sales of food, or vending machine activity in accordance with F.S. Ch. 509, and Rule 61C-1.002(5) (a), Florida Administrative Code, so long as such person or business is not required to procure a license from the Florida Department of Business and Professional Regulation and/or the Department of Agriculture, for service of food to the public as a Mobile Food Dispensing Vehicle.
Sec. 102-614. Reference Florida Statutes: Chapters 500 Food Products and 509 Lodging and Food Service Establishments; Department of Business and Professional Regulations, Division of Hotels and Restaurants, Public Lodging and Food Service Establishments, Administrative Rules (Sept. 2018) Chapter 61C-1 Florida Administrative Code and Chapter 61C-4 Public Food Service Establishments; US Department of Health and Human Services, FDA US Food and Drug Administration, Food Code 2017.
Secs. 102-615. - 102-630. Reserved.
January 14, 2019 - Adoption Reading Page 13
SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.
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. 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 14th DAY OF JANUARY, 2019.
______ATTEST: J B WHITTEN Council President
______ELIZABETH M. ROY City Clerk
APPROVED BY ME THIS ______DAY OF ______, 2019.
______DAVID CADLE Mayor
January 14, 2019 - Adoption Reading Page 14 d. Ordinance 1675 Amending Chapter 2, Article IV, Division 4, City Manager.
CITY OF CRESTVIEW Item # 7d
AGENDA ITEM
CITY COUNCIL SPECIAL MEETING DATE: January 14, 2019 TYPE OF AGENDA ITEM: Public Hearing - Ord 1675
TO: Mayor; City Council; City Clerk; CC: Department Heads; City Attorney FROM: Growth Management Department DATE: January 10, 2019 SUBJECT: Second Reading of Ordinance 1675 – Amending Chapter 2, Article IV, Officers and Employees, with the Adoption of Division 4, City Manager, Sec. 2-180, City Manager Authority over City Personnel.
BACKGROUND: The City of Crestview has enacted a new Charter by Ordinance No. 1660, which was duly adopted by the City Council on May 29, 2018, approved by referendum of the electorate on August 28, 2018, and was sent to the Florida Secretary of State on August 30, 2018, all in compliance with the requirements for amendment of a municipal charter as specified in FS Section 166.031. The new Charter for the City of Crestview went into effect on October 1, 2018. The new Charter provides that the City Council possesses the authority to appoint the Department Heads, Section 4.02(a)(5), with the recommendation of the City Manager, Section 5.04, but provides little additional detail as to the process to follow for hiring and disciplining the Department Heads and other employees. With this omission of additional detail, the new Charter leaves to the City Council the discretion to assign to the City Manager the authority and responsibility for retaining/hiring Department Heads in a manner consistent with the Charter requirement that that the City Council has final appointment authority. The omission of additional detail within the new Charter concerning the subject of discipline of Directors and other employees, also leaves to the City Council the discretion to determine the extent of the City Manager’s authority to discipline or remove the Department Heads and other employees. In order to clarify the desired procedures as a result of the omission of details within the new Charter, the Code of Ordinances, Chapter 2, Article IV, Officers and Employees is hereby amended to add Division 4, City Manager, Sec. 2-180, City Manager Authority over City Personnel.
STAFF RECOMMENDATION: The Staff recommends adopting Ordinance 1675 on second reading and sending to the Mayor, Council President and City Clerk for signatures.
RECOMMENDED MOTION: I move to adopt Ordinance 1675 on second reading and sending to the Mayor, Council President and City Clerk for signatures. ORDINANCE NO. 1675
AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, AMENDING CITY CODE OF ORDINANCES CHAPTER 2, ARTICLE IV, OFFICERS AND EMPLOYEES; PROVIDING FINDINGS; ADOPTING DIVISION 4, CITY MANAGER, SEC. 2- 180, CITY MANAGER AUTHORITY OVER CITY PERSONNEL; ADOPTING NEW PROVISIONS ADDRESSING AND CLARIFYING THE AUTHORITY OF THE CITY MANAGER OVER CITY PERSONNEL; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
SECTION I. Findings.
WHEREAS, the City of Crestview has enacted a new Charter by Ordinance No. 1660, which was duly adopted by the City Council on May 29, 2018, approved by referendum of the electorate on August 28, 2018, and was sent to the Florida Secretary of State on August 30, 2018, all in compliance with the requirements for amendment of a municipal charter as specified in FS Section 166.031; and
WHEREAS, the new Charter for the City of Crestview went into effect on October 1, 2018; and
WHEREAS, the new Charter provides that the City Council possesses the authority to appoint the Department Heads, Section 4.02(a)(5), with the recommendation of the City Manager, Section 5.04, but provides little additional detail as to the process to follow for hiring and disciplining the Department Heads and other employees; and
WHEREAS, by omission of additional detail, the new Charter leaves to the City Council the discretion to assign to the City Manager the authority and responsibility for retaining/hiring Department Heads in a manner consistent with the Charter requirement that that the City Council has final appointment authority; and
WHEREAS, likewise, by omission of additional detail on the subject of discipline of Directors and other employees, the new Charter leaves to the City Council the discretion to determine the extent of the City Manager’s authority to discipline or remove the Department Heads and other employees; and
WHEREAS, the City Council has determined that it is necessary and advisable to adopt this ordinance in order to state and clarify (1) the City Manager’s authority and role relating to the
January 14, 2019 – Adoption Reading 1 Ordinance 1675 hiring process for the Directors, (2) the City Manager’s general authority over all City personnel and operations and (3) the City Manager’s authority relating to discipline and removal of Directors and other employees; and
WHEREAS, the City Council hereby determines and finds that this ordinance is in the best interest of the public health, safety and welfare.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA:
SECTION II. Amendment to Code of Ordinances Chapter 2, Article IV, Officers and Employees.
Code of Ordinances Chapter 2, Article IV, Officers and Employees is hereby amended to add Division 4, City Manager, Sec. 2-180, City Manager Authority over City Personnel, as follows:
[Words that are underlined are being added, words that are struck through are being deleted, and words that are neither underlined nor struck through are not being amended.]
DIVISION 4. - CITY MANAGER
Sec. 2-180. – City Manager Authority over City Personnel.
In addition to the authority, duties and obligations specified in the City Charter, and except as may be inconsistent with the Charter and/or adopted ordinances and policies of the City, the City Manager shall:
1. Determine the employment qualifications of the Department Heads and otherwise handle all aspects of the filling of vacancies in the positions of the Department Heads, provided that their appointment shall be by majority vote of the City Council.
2. Have complete and full authority acting on behalf of the City Council over each and every Department, Department Head and employee of the City, and full authority over all operations of the City. However, when any action is required by the Charter or ordinances on the part of the City Council, such action may be taken by the City Manager subject to the confirmation by the City Council in accordance with the Charter or Ordinance.
3. Have the authority to discipline, demote, suspend and/or remove any Department Head or employee in a manner consistent with the adopted ordinances and personnel policies of the City. The City Manager may authorize any Director or other administrative officer who is subject to the City Manager’s direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency.
January 14, 2019 – Adoption Reading 2 Ordinance 1675 SECTION III: 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 IV: Repeal of Ordinances in Conflict.
All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.
SECTION V: 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 14th DAY OF JANUARY, 2019.
ATTEST: J. B. WHITTEN Council President
ELIZABETH M. ROY City Clerk
APPROVED BY ME THIS DAY OF , 2019.
DAVID CADLE Mayor
January 14, 2019 – Adoption Reading 3 Ordinance 1675
e. Ordinance 1676 Annexation of 3.69 ac – James Lee Blvd W – Phillips Energy Inc.
CITY OF CRESTVIEW Item # 7e
AGENDA ITEM
CITY COUNCIL MEETING DATE: January 14, 2019 TYPE OF AGENDA ITEM: Public Hearing - Ord 1676
TO: Mayor; City Council; City Clerk CC: Department Heads and City Attorney FROM: Growth Management Department DATE: January 10, 2019 SUBJECT: Second Reading of Ordinance 1676 -- Annexation of 3.69+/- acres located in Sections 7 and 18, Township 3 North, Range 23 West, Okaloosa County, Florida
BACKGROUND: Phillips Energy, Inc., property owner, has submitted applications requesting annexation into the jurisdictional limits of the City of Crestview, filing of a small-scale comprehensive plan amendment, and zoning designation assignment for 3.69 acres, situated in Section 7, Township 3 North, Range 23 West, and Section 18, Township 3 North, Range 23 West, Okaloosa County, Florida. The 3.69 acres consists of two parcels, which are identified under Parcel Identification Numbers 07-3N-23-0000-0021- 0000, and 18-3N-23-0340-0000-0100 in the Public Records of Okaloosa County.
The parcels are contiguous to the City Limits on their Eastern and Southern boundaries. The current Okaloosa County Future Land Use classification for these parcels is Mixed Use (MU) and they carry the Mixed Use (MU) District Zoning designation. The Future Land Use Categories, Zoning Designations and the existing use of the surrounding properties are as follows:
Direction FLU Zoning Existing Use East County LDR/City C County R-1/City C-1 Single Family South County MU County MU Vacant West County MU City C-1/County R-1 Vacant North Cnty. MU/Cnty. LDR Cnty. MU/Cnty. R-1 Vacant
The application requests that the assignment of Commercial (C) Future Land Use Category and Commercial (C-1) District Zoning designation be placed on the property upon annexation.
The subject parcels are improved. Parcel # 07-3N-0000-0021-0000 holds a large warehouse and parcel # 18-3N-23-0340-0000-0100 has been improved by multiple structures including a fueling station.
STAFF RECOMMENDATION: The Staff recommends adopting Ordinance 1676 on second reading and sending to the Mayor, Council President and City Clerk for signatures.
RECOMMENDED MOTION: I move to adopt Ordinance 1676 on second reading and sending to the Mayor, Council President and City Clerk for signatures. ORDINANCE NO. 1676
AN ORDINANCE ANNEXING TO THE CITY OF CRESTVIEW, FLORIDA, 3.69 ACRES, MORE OR LESS, OF CONTIGUOUS LANDS LOCATED IN SECTIONS 7 AND 18, 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 REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; 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 # 07-3N-23-0000-0021-0000 AND PIN # 18-3N-23-0340-0000-0100
A PARCEL OF LAND LYING IN SECTIONS 7 AND 18, TOWNSHIP 3 NORTH, RANGE 23 EAST, OKALOOSA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 10, CAYSONS ADDITION TO CRESTVIEW, FLORIDA, AS RECORDED IN PLAT BOOK 1, PAGE 106, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID LOT 10 AND THE EXTENSION THEREOF, PROCEED N 02°00'51” E, A DISTANCE OF 461.89 FEET; THENCE S 87°54'44” E, A DISTANCE OF 420.34 FEET; THENCE S 02°20'48” W, A DISTANCE OF 172.71 FEET; THENCE S 87°54'44” E, A DISTANCE OF 64.08 FEET TO A POINT ON THE WEST LINE OF SPRING CREEK BOULEVARD (50' PRIVATE RIGHT OF WAY). SAID POINT BEING ON A CURVE, CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 97.00 FEET; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 41°30’28”, 70.27 FEET (CHORD BEARING & DISTANCE: S 41°23'04" W, 68 74 FEET); THENCE S 02°09'14 W, A DISTANCE OF 210.29 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE ROAD 10 (U.S HIGHWAY 90), AS CONVEYED IN OFFICIAL RECORDS BOOK 2976, PG. 2908; THENCE ALONG SAID NORTH RIGHT OF WAY LINE, PROCEED N 89°37'53” W, A DISTANCE OF 141.06 FEET; THENCE S 02°09'29” W, A DISTANCE OF 12.51 FEET; THENCE N 89°37’53” W, A DISTANCE OF 298.38 FEET TO THE POINT OF BEGINNING.
THE PARCEL DESCRIBED ABOVE CONTAINS 4.50 ACRES (195,837 SQUARE FEET), MORE OR LESS.
January 14, 2019 – Adoption Reading 1 Ordinance 1676 LESS AND EXCEPT: THE 0.88 ACRE, MORE OR LESS, WHICH WAS PREVIOUS ANNEXED BY ORDINANCE 1397 ON MARCH 23, 2009. SAME BEING A PORTION OF LOTS 3, 4, 5 AND 6, OF CAYSONS ADDITION TO CRESTVIEW FLORIDA, (ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 106, PUBLIC RECORDS OF OKALOOSA COUNTY) BEING MORE PARTICULARLY DESCRIBED IN STATUTORY WARRANTY DEED, RECORDED IN BOOK 3330, PAGE 921, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA.
SECTION 3. BOUNDARY. The existing boundary line of the City of Crestview, Florida, is modified to include the herein referenced tract of land and the base, zoning and land use maps shall be updated to reflect these changes pursuant to law.
SECTION 4. LAND USE AND ZONING. Pursuant to general law, the property hereby annexed was subject to Okaloosa County land development, land use plan, and zoning or subdivision regulations, which shall remain in full force and effect until rezoning and land use changes are finalized by the City in compliance with the Comprehensive Plan.
SECTION 5. COMPREHENSIVE PLAN UPDATE. Pursuant to Chapter 163.011, et seq. petitioner for annexation shall apply through the City for a Comprehensive Plan change which will designate the future land use category for the parcels as Commercial (C) with Commercial District Zoning (C-1) to be assigned and run concurrent with the approval and adoption of the Comprehensive Plan amendment by the proper authorities.
SECTION 6. MAP UPDATE. The Base, Zoning and Future Land Use Maps shall be updated at the earliest possible date.
SECTION 7. FILING. Upon passage, the City Clerk is directed to file a copy of this ordinance with the Clerk of Circuit Court of Okaloosa County and with the Florida Department of the State.
SECTION 8. SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable.
SECTION 9. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed.
SECTION 10. 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 14TH DAY OF JANUARY, 2019.
ATTEST: J. B. WHITTEN Council President
ELIZABETH M. ROY City Clerk
January 14, 2019 – Adoption Reading 2 Ordinance 1676 APPROVED BY ME THIS DAY OF , 2019.
DAVID CADLE Mayor
LOCATION MAP
3.69± acres ORDINANCE NO. 1676
January 14, 2019 – Adoption Reading 3 Ordinance 1676
f. Ordinance 1677 Right of Way Vacation of a portion of James Street.
CITY OF CRESTVIEW Item # 7f
AGENDA ITEM
CITY COUNCIL MEETING DATE: January 14, 2019 TYPE OF AGENDA ITEM: Public Hearing – Ord 1677
TO: Mayor; City Council; City Clerk CC: Department Heads and Attorney FROM: Growth Management Department DATE: January 10, 2019 SUBJECT: Second Reading of Ordinance 1677 – Request for Right of Way Vacation for southern portion of James Street, located within the First Addition to the Jack Kennedy Addition.
BACKGROUND: James Edward Barfield, property owner of the adjacent property on either side of the requested right of way vacation, via Bert Moore, Attorney and authorized agent, has submitted application requesting the vacation of approximately 210 linear feet of Right-of-Way, located at the Southern terminus of James Street, situated in Section 8, Township 3 North, Range 23 West, Okaloosa County, Florida. The right of way was dedicated to the public as per the Plat of the First Addition to the Jack Kennedy Addition, recorded on January 10, 1956 and recorded in Plat Book 2, Page 104, Public Records of Okaloosa County Florida.
The portion of Right-of-Way, which is the subject of the request, is un-paved and is situated between two parcels under the ownership of the applicant. For reference, the Parcel Identification Numbers associated with the request for vacation of that portion of Right-of-Way are 08-3N-23-1381-0002- 0270 and 0030, in the Public Records of Okaloosa County.
The current Future Land Use classification for the adjacent parcels is Low Density Residential (LDR) and they currently carry an R-1A Zoning District designation.
The application requests that approximately 210 feet of the James Street Right-of-Way be vacated by the City of Crestview. This portion of right-of-way has an area of 0.29 acres (12,558 square feet) and measures approximately 60 feet wide by 210 feet long.
The subject portion of right-of-way has not been improved.
STAFF RECOMMENDATION: The Staff recommends adopting Ordinance 1677 on second reading and sending to the Mayor, Council President and City Clerk for signatures.
RECOMMENDED MOTION: I move to adopt Ordinance 1677 on second reading and sending to the Mayor, Council President and City Clerk for signatures. ORDINANCE NO. 1677
AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, CLOSING, VACATING AND ABANDONING THE PLATTED 60 FT. WIDE RIGHT OF WAY OF JAMES STREET; PROVIDING FOR UPDATE OF THE CRESTVIEW BASE, ZONING AND LAND USE MAPS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR FILING OF THIS ORDINANCE WITH THE CLERK OF CIRCUIT COURT OF OKALOOSA COUNTY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS:
WHEREAS, James Edward Barfield, property owner of the adjacent property on either side of the requested right of way vacation, via Bert Moore, Attorney and Authorized Agent, has petitioned the City to vacate and abandon the platted right of way that runs between and adjacent to said property, and
WHEREAS, the City has determined that there is no public need for the thru-way access provided by the right of way that is requested to be vacated; and
WHEREAS, there are no existing City utilities elements located on, over, across and under the right of way sought to be vacated; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS:
SECTION 1. AUTHORITY. The authority for enactment of this Ordinance is Chapter 166.021, Florida Statutes and Section 2, City Charter.
SECTION 2. VACATION OF RIGHT OF WAY. The City of Crestview has determined that the public need no longer exists for the unimproved right of way at the southern terminus of James Street. The City hereby closes, vacates and abandons approximately 210 linear feet of the right of way platted and dedicated as James Street, according to the plat of the First Addition to Jack Kennedy Addition, recorded on January 10, 1956 and recorded in Plat Book 2, Page 104, Public Records of Okaloosa County Florida, to-wit:
The portion of James Street that is hereby closed, vacated, and abandoned is more particularly described as follows and reflected on the attached survey:
A PORTION OF JAMES STREET -- LEGAL DESCRIPTION (AS SURVEYED):
BEGIN AT THE SOUTHWEST CORNER OF LOT 30, BLOCK 2, FIRST ADDITION TO THE JACK KENNEDY ADDITION, AS RECORDED IN PLAT BOOK 2, PAGE 104, PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA. SAID POINT BEING MARKED BY A 4"X4" CONCRETE MONUMENT (NO IDENTIFICATION) AND LYING ON THE EAST RIGHT OF WAY OF JAMES STREET (60 FOOT RIGHT OF WAY); THENCE ALONG SAID
January 14, 2019 – Adoption Reading 1 Ordinance 1677
RIGHT OF WAY RUN N 00°00'00" E, A DISTANCE OF 226.81 FEET TO A 1/2" IRON ROD L.B. #3501; THENCE DEPARTING SAID RIGHT OF WAY RUN S 89°59'43" W, A DISTANCE OF 59.48 FEET TO THE WEST RIGHT OF WAY OF JAMES STREET (60 FOOT RIGHT OF WAY) SAID POINT BEING MARKED BY A 4"X4" CONCRETE MONUMENT (NO IDENTIFICATION); THENCE ALONG SAID RIGHT OF WAY RUN S 00°10'07" W, A DISTANCE OF 210.70 FEET TO A 4"X4" CONCRETE MONUMENT (NO IDENTIFICATION); THENCE DEPARTING SAID RIGHT OF WAY RUN N 88°44'27" E, A DISTANCE OF 60.12 FEET TO THE EAST RIGHT OF WAY OF JAMES STREET (60 FOOT RIGHT OF WAY) SAID POINT BEING MARKED BY A 4"X4" CONCRETE MONUMENT (NO IDENTIFICATION) AND THE POINT OF BEGINNING.
SAID PROPOSED VACATED RIGHT OF WAY CONTAINS ±0.29 ACRES (±12,558 SQUARE FEET), MORE OR LESS.
SECTION 3. FILING. After enactment, the City Clerk is hereby directed to file a copy of this ordinance with the Clerk of Circuit Court of Okaloosa County, Florida.
SECTION 4. MAP UPDATE. The Crestview Base Map, Future Land Use Map and Zoning Map, current edition, are hereby amended to reflect the above changes concurrent with passage of this ordinance.
SECTION 4. SEVERABILITY. If any word, phrase, clause, paragraph, section 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 the ordinance which can be given effect without the invalid or unconstitutional provisions of this ordinance are declared severable.
SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective upon adoption.
PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA ON THE 14th DAY OF JANUARY, 2019.
ATTEST: J. B. WHITTEN Council President
ELIZABETH M. ROY City Clerk
APPROVED BY ME THIS DAY OF , 2019.
DAVID CADLE Mayor
January 14, 2019 – Adoption Reading 2 Ordinance 1677
Location Map
ORDINANCE NO. 1677
January 14, 2019 – Adoption Reading 3 Ordinance 1677
8. Public Opportunity on Council propositions
9. Consent Agenda
a. Approval of Invoice from Ben Holley in the amount of $ 3675.00. b. Approval of the Site Construction Plans for Shoal River Landing Subdivision.
LPA 18 - 19 Requested by Redstone Land 2017 FL LLC Shoal River Landing
193.35± acre Subdivision Development - Proposed construction of 341 single family residential lots with associated roadway and utility infrastructure.
(PIN # - 27-3N-23-0000-0010-0010) Riverside Elementary Shoal River Middle School Residential
Proposed Vacant Redstone Development Commons
Vicinity Map Site Plan - Overall Retention Basin
Retention Basin
Silt Fence / Haybales Overall Grading Plan Fire Hydrant
Utilities Fire Hydrant
Utilities STAFF EVALUATION ~ LPA Shoal River Landing (LPA 18-19)
I. Background:
a. Property Owner: Redstone Land 2017 FL LLC. (OR Bk 3288 page 1616). 1. 193.35 acres of land, Parcel ID # 27-3N-23-0000-0010-0010.
b. Matthew Zinke and Marek Scotka are the Authorized Agents for the project.
c. The property will be accessed via Okaloosa Lane (westward) at three locations. All utilities shall connect to the constructed infrastructure on Okaloosa Lane.
d. References reviewed and applied: 1. Crestview Code of Ordinances, current edition. 2. Crestview Comprehensive Plan, current edition. 3. Crestview Water & Sewer Manual, current edition. 4. Floodplain Data & Wetlands Maps, if any.
II. Findings:
a. General: 1. Developer has submitted "Application for Development/Building Authorization"; paid Review and Plat Fees and submitted site development plans and preliminary plat for the proposed subdivision. 2. Approval of the request and subsequent development will afford housing to the local community which satisfies the Housing Element of the Comprehensive Plan. 3. The Shoal River Landing Plans and Preliminary Plat show the 193.35 acres being subdivided into 341 lots, with a minimum lot width of 50 feet. 4. The roads and utilities (sewer, water, etc.), are designed to connect to existing utilities along Okaloosa Lane. 5. Stormwater facilities are directed towards two retention basins to be constructed on the eastern side of the development. 6. Homeowners Association Documents have been received. Upon approval, the documents must be recorded into the Public Records of Okaloosa County. 7. The Homeowners Association will maintain any improvement that is not specified as being the responsibility of the City.
b. Concurrency:
1. Project proposes to connect to Okaloosa County water and sewer systems and capacity is available, with approval from Public Works and Crestview City Council. a. The submitted PS1 reflects an average daily flow of 119,350 gallons of water and 95,480 gallons of sewer per day. 2. This subdivision will connect to the infrastructure systems existing along Okaloosa Lane. 3. The Traffic Analysis and Memorandum of Understanding is under review.
c. Zoning:
1. The property is assigned the Low Density Residential Future Land Use (LDR) and the Single-Family Dwelling District Zoning (R-1). 2. The Zoning District yard requirements (building setback line):
December 2018 STAFF EVALUATION: Shoal River Landing (LPA 18-19) cont. 2
a. Front: 25 feet, Rear: 25 feet, Corner: 15-25 feet, and Interior Side: 7.5 feet. 3. The Homeowners Association Documentation shall limit the development to private single family residential dwellings.
d. Traffic Circulation:
1. The project will connect to Okaloosa Lane in three locations, with each connection matching an existing driveway into the Redstone Commons development. 2. The rights of way, each 50 feet in width, will be dedicated to the Public. E911 has approved the names appearing on the plans. 3. Traffic and directional signage (signs, stop bars, etc.) are shown on the plans. 4. Each lot will provide for off street parking as referenced in Chapter 102, Article VIII, Section 102-151. a. Single family homes up to 3 bedrooms – 2 spaces per dwelling unit. b. Single family homes 4 bedrooms – 3 spaces per dwelling unit. c. Single family homes 5 bedrooms – 4 spaces per dwelling unit. d. Single family homes over 5 bedrooms – 1 space per additional bedroom.
e. Landscaping and Environmental:
1. Chapter 102, Section 102-578 b (2), requires that the property owner of a newly developed lot, must plant one tree in the front yard of each lot, within ten feet of the right-of-way, if there is not an existing tree in the front yard. 2. The Boundary Survey of the overall 193.35-acre Tract as prepared by Gustin, Cothern & Tucker, Inc., being dated 10/19/2016, shows the property to lie within Flood Zones “X, AE, and 0.2% Annual Chance Flood Hazard” per FEMA Panel Number 12091C0260H, dated 12/6/2002. 3. The Boundary Survey as submitted states “No environmental jurisdictional lines have been determined by Gustin, Cothern & Tucker, Inc.” 4. The wetlands shown on the plans and survey were delineated by Wetland Sciences, Inc. in 2016. A 25’ Vegetative Nature Buffer is provided along the entire length of the wetlands. 5. A Conservation Easement exists at the southeast portion of the property. Official Records book 2744, page 3322.
f. Infrastructure:
1. Project stormwater is treated onsite. Calculations and layout have been submitted and are under review by Public Works. 2. There are two large shallow stormwater retention ponds located at the east side of the project. Chapter 102, Article X, Section 102-184 requires that ponds with slope ratio of 4:1 or greater, to be fenced. Chapter 30, Article III, requires fencing if deemed necessary to protect City interest (such as public safety, etc.). 3. Utility detailed recommendations and information will be provided by the Public Works Department in separate documentation. 4. Okaloosa County Water and Sewer is providing water and sanitary sewer service, with approval from Public Works and Crestview City Council. They will provide comments in separate documentation.
g. Reports/Permits:
December 2018
STAFF EVALUATION: Shoal River Landing (LPA 18-19) cont. 3
1. Copies of all reports and permits shall be submitted to the City of Crestview Growth Management Department for disbursement to the other departments. 2. Received: a. Forms A, B, D & PS1 b. Traffic Analysis c. Stormwater Report d. GeoTech report e. Okaloosa 911 street names approval form f. NWFWMD Stormwater / ERP Permit 3. Outstanding: a. DEP Water and Sewer System Permits b. DEP-NPDES Permit for Construction *A memo was received stating this will be obtained by the contractor once selected and construction is ready to begin.
III. Requirements:
a. The items below are compiled by the Staff of the Growth Management Department. There may be additional requirements based on reviews from other departments, that will be attached to this Summary.
1. Homeowners Association Documents have been received. Upon approval, the documents must be recorded into the Public Records of Okaloosa County. 2. The preliminary Plat will need to be resubmitted. Upon approval of the revised Plat by the Growth Management Staff, the subdivision plat will be forwarded to the County Surveyor for their review. The list of review comments, together with any final comments from the City, will be provided to the applicant. 3. Submit completed regulatory permits for applicable utilities and infrastructure. 4. Proposed signage for the subdivision must be received, reviewed, and approved prior to issuance of a Preliminary Development Order. 5. The applicant has indicated they will pay the recreation fee. 6. An amenities center area with a kiosk is noted on the plans. That will require a separate submittal and approval process. The kiosk must be built and in service prior to any homes being approved.
b. The items below were received from Public Works: 1. Comments will be provided in separate documentation.
c. The Fire Department has one comment. 1. The hydrant valve is to be turned on in areas of construction.
IV. Recommendation:
Review and approve the request based on characteristics of the site and surrounding area; the nature of proposed development and master plan, including land use type and densities; conformity of the proposed development with the comprehensive plan, the City Code; and other applicable State and City regulations.
December 2018
10. Resolutions
11. Committee Reports
a. The Fair Housing Power Point Presentation
FAIR HOUSING
Equal Opportunity for All
1 The Fair Housing Act – 1968, 1988 and 1995
The Fair Housing Act prohibits discrimination due to:
• Race • Color • Religion • National Origin • Sex • Familial status (including children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody of children under 18) • Disability
2 The Fair Housing Act
Prohibits discrimination and the intimidation of people in their homes, apartments and condominium developments – in nearly all housing transactions, including the rental and sale of housing and the provision of mortgage loans.
3 What Housing is Exempt?
The Act exempts owner-occupied buildings with no more than four units and single-family housing sold or rented without the use of a broker. Senior Housing Exemption- exempts some senior housing facilities and communities from liability for familial status discrimination.
Provided under any State or Federal program that HUD has determined to be specifically designed and operated to assist elderly persons or
Intended for, and solely occupied by persons 55 or 62 years of age or older.
4 What is Prohibited?
No one may take any of the following actions based on race, color, religion, sex, disability, familial status, or national origin:
• Refuse to rent or sell housing
• Refuse to negotiate for housing
• Set different terms, conditions or privileges for sale or rental of a dwelling
• Falsely deny that housing is available for inspection, sale or rental
• For profit, persuade, or try to persuade homeowners to sell or rent dwellings by suggesting that people of a particular race, age, sex, etc. have moved, or are about to move into the neighborhood or
• Deny any person access to, membership or participation in, any organization, facility or service related to the sale or rental of dwellings 5 Housing Protection for Families with Children
It is unlawful to discriminate against a person whose household includes one or more children who are under 18 years of age “Familial Status” in which one or minor children live with a parent or legal custodian. 6 Additional Protection If You Have a Disability
• Have a physical or mental disability (including hearing, mobility and visual impairments, cancer, chronic mental illness or HIV/ AIDS) that substantially limits one or more major life activities
• Are regarded as having such a disability, a housing provider may not:
- Refuse to let you make reasonable modifications to your dwelling at your expense (a landlord may permit changes only if you agree to restore the property to its original condition when you move.)
Example: A building with a “no pets” policy must allow a visually impaired tenant to keep a guide dog.
However, the Fair Housing Act does not protect a person who is a direct threat to the health or safety of others or who currently uses illegal drugs.
7 If You Think Your Rights Have Been Violated What to Tell HUD:
• Your name and address
• The name and address of the person your complaint is against (the respondent)
• The address or other identification of the housing involved
• A short description of the alleged violation (the event that caused you to believe your rights were violated)
• The date(s) of the alleged violation.
Your local ordinance includes steps and time limits in which complaints must be submitted and responses must be provided.
8 Where to Write or Call
THE SOUTHEAST REGIONAL OFFICE: ATLANTA REGIONAL OFFICE ([email protected]) U.S. Department of Housing and Urban Development Five Points Plaza 40 Marietta Street, 16th Floor Atlanta, GA 30303-2808 Telephone (404) 331-5140 or 1-800-440-8091 x2493 Fax (404) 331-1021 * TTY (404) 730-2654
U.S. Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity 451 7th Street, S.W., Room 5204, Washington, DC 20410-2000
Telephone 1-800-669-9777 Fax (202) 708-1425 * TTY 1-800-927-9275 www.hud.gov/fairhousing
9 What Happens When You File A Complaint?
• Notify the person filing the complaint and the alleged violator (respondent) of the filing of your complaint, and allow the respondent time to submit a written answer to the complaint.
• Investigate your complaint, and determine whether or not there is reasonable cause to believe that the respondent violated the Fair Housing Act.
• Notify you and the respondent if HUD cannot complete its investigation within 100 days of filing your complaint, and provide reason for the delay.
Fair Housing Act Conciliation: During the complaint investigation, HUD is required to offer you and the respondent the opportunity to voluntarily resolve your complaint with a Conciliation Agreement.
10 FLORIDA COMMISSION ON HUMAN RELATIONS
• Phone: (850) 488-7082 • Toll-Free: 1-800-342-8170 • Web Site: http://fchr.state.fl.us
11 12
12. Scheduled Presentations from the Public
13. Project Reports and Comments from Mayor and Council
a. Setting of City Manager Interview Dates/Times. b. Request for Alternate member to the Library Cooperative Board.
Okaloosa County Public Library Cooperative
Governing Board Members
Okaloosa County - Nathan Boyles Crestview - Shannon Hayes Destin - Rodney Braden and Cyron Marler (alternate) Fort Walton Beach - Amy Jamieson and John Mead (alternate) Mary Esther - Bernie Oder and Charlotte McLemore (alternate) Niceville - Bill Schaetzle and Heath Rominger (alternate) Valparaiso - Kay Hamilton and Edward Crosby (alternate)
Meeting scheduled for 2019
January 23 March 27 May 22 July 24 September 25 October 23
Headquarters located at:
206 North Partin Drive Niceville, Florida 32578
14. Staff Reports and Recommendation
a. Ordinance 1678 – Election of CRA Board Chairman and Vice-Chairman – First Reading.
ORDINANCE 1678
AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, RELATING TO THE CRESTVIEW COMMUNITY REDEVELOPMENT AGENCY; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 2, DIVISION 4, OF THE CODE OF ORDINANCES, AS AMENDED BY ORDINANCE 1598; PROVIDING FOR AMENDMENT TO SECTION 2-96 – AUTHORITY; SECTION 2-99 – CHAIRMAN AND VICE-CHAIRMAN; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA, AS FOLLOWS;
SECTION 1, Authority. The authority for the enactment of this Division is F.S. 166.021; F.S 163.330 and Chapter 1 of the City of Crestview Code of Ordinances.
SECTION 2. That Chapter 2, Division 4, Community Redevelopment Agency, of the Code of Ordinances, City of Crestview, Florida, is hereby amended to read as follows:
DIVISION 4, COMMUNITY REDEVELOPMENT AGENCY
Sec. 2-96 – Authority.
The authority for enactment of this division is F.S. 166.021; F.S 163.330; F.S 163.330 ; and section 1 2 of the Charter of the City of Crestview, established October 1, 2018.
Sec. 2-99 – Chairman and vice-chairman.
The president and vice-president of the city council shall function as the chairman and vice – chairman of the community redevelopment agency. The Chairman and Vice-Chairman of the Community Redevelopment Agency shall be designated by election by a majority of the City Council Members at a meeting just prior to April 1 of each year.
SECTION 3: REPEALER That all ordinances and parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict.
SECTION 4: SEVERABILITY. If any section, subsection, sentence clause, phrase or portion of this ordinance or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby.
SECTION 5: EFFECTIVE DATE. This ordinance shall become effective upon adoption.
PASSED AND ADOPTED ON SECOND READYING BY THE CITY COUNCIL OF THE CRESTVIEW, FLORIDA ON THE ______DAY OF ______, 2019.
______JB Whitten, Council President ATTEST:
______Elizabeth Roy, City Clerk
APPROVED BY ME THIS ______DAY OF ______, 2019
______David Cadle, Mayor
15. Comments from the Audience
16. Adjournment
Note: Citizen Business is business that was submitted by a citizen or group of Citizens no later than the Wednesday 2 weeks prior to the meeting to the Clerk's office for approval. Supporting documents must be submitted at this time to be on the regular agenda. All New Business is for staff and elected officials only, and must be submitted for approval no later than the Wednesday prior to the meeting. Those not listed on the regular agenda who wish to address the council should fill out a yellow card. The Card must be submitted to the City Clerk. Speaking time should be three minutes or less, large groups may designate a spokesperson. All remarks should be addressed to the Council as a whole and not to individual members. All meeting procedures are outlined in the Meeting Rules and Procedures brochure available outside the Chambers. If any person decides to appeal any decision made by the City Council 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 City Council of the City of Crestview, Florida does not discriminate upon the basis of any individual’s disability status. Anyone requiring reasonable accommodation as provided for in the American With Disabilities Act to insure access to and participation in the meeting should contact the Office of the City Clerk at (850)682-1560 prior to the meeting to make appropriate arrangements.
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.