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HomeMy Public PortalAbout1722-Cherry Brook Comp PlanORDINANCE NO. 1722 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, AMENDING ITS ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PURPOSE; PROVIDING FOR CHANGING THE FUTURE LAND USE DESIGNATION FROM AN OKALOOSA COUNTY FUTURE LAND USE TO THE LOW DENSITY RESIDENTIAL FUTURE LAND USE CATEGORY ON APPROXIMATELY 62.5 ACRES, MORE OR LESS, IN SECTIONS 35 AND 36, TOWNSHIP 3 NORTH, RANGE 24 WEST; PROVIDING FOR FUTURE LAND USE MAP AMENDMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING ORDINANACES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The authority for enactment of this Ordinance is Section 2 of the City Charter, §163.3187 F.S., §166.021 F.S., §166.041 F.S. and the adopted Comprehensive Plan. SECTION 2. Findings of Fact. The City Council of the City of Crestview finds the following: A. This amendment will promote compact, orderly development and discourage urban sprawl; and B. A public hearing has been conducted after "due public notice" by the Crestview Planning Board sitting as the Local Planning Agency with its recommendations reported to the City Council; and C. A public hearing has been conducted by the City Council after "due public notice"; and D. This amendment involves changing the future land use designation from a County Future Land Use Category to the Low Density Residential Future Land Use Category on parcels of land containing 62.5 acres, more or less, lying within the corporate limits of the City; and E. This amendment is consistent with the adopted Comprehensive Plan and is in the best interests of the City and its citizens. F. The Florida Department of Economic Opportunity has reviewed this amendment as 19-1-2, a component part of Comprehensive Plan Amendment Cycle 19-01ESR and provided no comment. SECTION 3. Purpose. The purpose of this Ordinance is to adopt an amendment to the "City of Crestview Comprehensive Plan: 2020." The amendment is known as 19-6ESR and it is as described below. SECTION 4. Future Land Use Map Amendment. The Future Land Use Map is amended by changing the future land use category of parcels containing approximately 62.5 acres of land, more or less, from an Okaloosa County Future Land Use Category to the Low Density Residential Future Land Use Category. For the purposes of this Ordinance and Comprehensive Plan Amendment, the 62.5 acres, more or less, are known as Parcels are identified under Parcel Numbers 35-3N-24-0000-0007-0030, 35-3N-24-0000-0007- 0040, 35-3N-24-0000-0007-0050, 35-3N-24-0000-0007-0060, 36-3N-24-0000-0003-001G, and Portions of 36-3N-24-0000-0003-0010 and 35-3N-24-0000-0007-0000 in the Public Records of Okaloosa County. and commonly described as: OVERALL PROPERTY DESCRIPTION: BEGINNING AT A LIGHTWOOD STAKE MARKING THE NORTHEAST CORNER OF SECTION 2, TOWNSHIP 2 NORTH, RANGE 24 WEST, SAME BEING, THE SOUTHEAST CORNER OF SECTION 35 AND THE SOUTHWEST CORNER OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA, THENCE SOUTH 06 DEGREES 14 MINUTES 58 SECONDS EAST, ALONG THE EAST LINE OF SAID SECTION 2, FOR A DISTANCE OF 202.94 FEET; THENCE NORTH 88 DEGREES 05 MINUTES 55 SECONDS WEST, BEING PARALLEL TO THE NORTH LINE OF SECTION 2, FOR A DISTANCE OF 1761.43 FEET; THENCE, DEPARTING SAID SECTION LINE, NORTH 01 DEGREES 54 MINUTES 05 SECONDS EAST, FOR A DISTANCE OF 200.89 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 35; THENCE NORTH 02 DEGREES 03 MINUTES 37 SECONDS EAST FOR A DISTANCE OF 851.32 FEET; THENCE SOUTH 87 DEGREES 56 MINUTES 23 SECONDS EAST FOR A DISTANCE OF 442.92 FEET; THENCE NORTH 88 DEGREES 20 MINUTES 08 SECONDS EAST FOR A DISTANCE OF 58.14 FEET; THENCE NORTH 85 DEGREES 33 MINUTES 38 SECONDS EAST FOR A DISTANCE OF 541.20 FEET; THENCE SOUTH 88 DEGREES 48 MINUTES 14 SECONDS EAST FOR A DISTANCE OF 1512.92 FEET, MORE OR LESS, TO A POINT ON THE WESTERN BOUNDARY LINE OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2658, PAGE 2480, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 35 MINUTES 14 SECONDS WEST ALONG SAID WESTERN BOUNDARY FOR A DISTANCE OF 103.96 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL. THENCE SOUTH 89 DEGREES 05 MINUTES 17 SECONDS EAST ALONG THE SOUTH LINE OF SAID PARCEL, FOR A DISTANCE OF 429.73 FEET TO THE INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF GARRETT PIT ROAD (66 FT. WIDE) AS DESCRIBED IN OFFICIAL RECORDS BOOK 2450, PAGE 202, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 35 MINUTES 14 SECONDS WEST ALONG SAID WEST RIGHT-OF-WAY LINE FOR A DISTANCE OF 203.42 FEET; THENCE DEPARTING SAID RIGHT-OF- WAY LINE, NORTH 89 DEGREES 05 MINUTES 17 SECONDS WEST FOR A DISTANCE OF 429.73 FEET; THENCE SOUTH 02 DEGREES 35 MINUTES 14 SECONDS WEST FOR A DISTANCE OF 609.03 FEET TO A POINT OF THE SOUTH LINE OF THE AFOREMENTIONED SECTION 36; THENCE NORTH 89 DEGREES 12 MINUTES 43 SECONDS WEST ALONG SAID SOUTH SECTION LINE, FOR A DISTANCE OF 810.53 FEET, MORE OR LESS, TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAID PARCEL CONTAINS 62.5 ACRES, MORE OR LESS. The Low Density Residential Future Land Use Category is hereby imposed on the above described property. Exhibit A, which is attached hereto and made a part hereof by reference, graphically depicts the revisions to the Future Land Use Map. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 6. Scrivener’s Errors. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager’s designee, without public hearing, by filing a corrected or re-codified copy with the City Clerk. SECTION 7. Ordinance to be Liberally Construed. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 8. Repeal of Conflicting Codes, Ordinances, and Resolutions. All Charter provisions, codes, ordinances and resolutions or parts of charters provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 9. Effective Date. The effective date of plan amendment 19-6ESR and this ordinance, if not timely challenged, shall be thirty-one (31) days after the state land planning agency notifies the City that the amendment package is complete. If challenged, the effective date shall be the date a Final Order is entered by the State Land Planning Agency or the Administration Commission finding the amendment in compliance. PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA ON THE ___18th____ DAY OF ____November____, 2019. ATTEST: _______________________________________ ELIZABETH M. ROY City Clerk APPROVED BY ME THIS ___19th__ DAY OF _November_, 2019. ______________________________________ J B WHITTEN Mayor EXHIBIT A