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Home My Public Portal About1743-Magnolia Creeks Comp PlanORDINANCE: 1743 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 THE COMMERCIAL (C) FUTURE LAND USE CATEGORY TO THE MIXED USE (MU) FUTURE LAND USE CATEGORY ON APPROXIMATELY 52.52 ACRES, MORE OR LESS, IN SECTION 28, TOWNSHIP 03 NORTH, RANGE 23 WEST; PROVIDING FOR FUTURE LAND USE MAP AMENDMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. The authority for enactment of this Ordinance is Section 2 of the City Charter, §163.3187 F.S., §166.021 F.S., §166.041 F.S. and the adopted Comprehensive Plan. SECTION 2. FINDINGS OF FACT. The City Council of the City of Crestview finds the following: A. This amendment will promote compact, orderly development and discourage urban sprawl; and B. A public hearing has been conducted after "due public notice" by the Crestview Planning Board sitting as the Local Planning Agency with its recommendations reported to the City Council; and C. A public hearing has been conducted by the City Council after "due public notice"; and D. This amendment involves changing the future land use designation from the Commercial (C) Future Land Use Category to the Mixed Use (MU) Future Land Use Category on a parcel of land containing 52.52 acres, more or less, lying within the corporate limits of the City; and E. This amendment is consistent with the adopted Comprehensive Plan and is in the best interests of the City and its citizens. SECTION 3. PURPOSE. The purpose of this Ordinance is to adopt an amendment to the "City of Crestview Comprehensive Plan: 2020" as described in Section 4. SECTION 4. FUTURE LAND USE MAP AMENDMENT. The Future Land Use Map is amended by changing the future land use category of a parcel containing approximately 52.52 acres of land, more or less, from the Commercial (C) Future Land Use Category to the Mixed Use (MU) Future Land Use Category. For the purposes of this Ordinance and Comprehensive Plan Amendment, the 52.52 acres, more or less, is known as Parcel 28-3N-23-0000-0017-0010 and commonly described as: A PARCEL OF LAND ("the LAND") LOCATED IN SECTION 28, TOWNSHIP 3 NORTH, Page 50 of 172 RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 3 NORTH, RANGE 23 WEST, LESS 28.20 ACRES FOR INTERSTATE 10 RIGHT OF WAY, OKALOOSA COUNTY FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 28, RUN NORTH 00° 54' 30" WEST ALONG THE WESTERLY SECTION LINE, 2643.40 FEET TO THE NORTHWEST CORNER OF SOUTHWEST 1/4; THENCE NORTH 88° 51' 41" EAST, 2630.27 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST 1/4; THENCE SOUTH 00° 54' 30" EAST, 2638.80 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4; THENCE SOUTH 88° 45' 41" WEST ALONG THE SOUTHERLY SECTION LINE, 2630.29 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPT RIGHT OF WAY FOR US I-10, AND LESS AND EXCEPT PROPERTY LOCATED SOUTH OF US I-10. The Mixed Use (MU) Future Land Use Category is hereby imposed on Parcel 28-3N-23-0000-0017-0010. Attached hereto and made a part hereof by reference, graphically depicts the revisions to the Future Land Use Map and shows Parcel 28-3N-23-0000-0017-0010 thereon. SECTION 5. SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 6. SCRIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 7. ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 8. REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 9. EFFECTIVE DATE. The effective date of this plan amendment and ordinance shall be thirty- one (31) days after adoption on second reading by the City Council, unless the amendment is challenged pursuant to §163.3187, F.S. If challenged, the effective date shall be the date a Final Order is issued by the State Land Planning Agency or the Administration Commission finding the amendment in compliance with §163.3184, F.S. PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA ON THE Z J DAY OF , 2020. Page 51 of 172 ATTEST: ELIZftBETH M. ROY City Clerk APPROVED BY ME THIS 1 DAY OF , 2020. J. B. WJIITTEN Mayor Page 52 of 172 COVELLRD t I l L__H LLY1RD1 l 1.1 52.52+/- acres of land Ex FLU = Commercial (C) Adopted FLU = Mixed Use (MU) SECRETARIAT DR SEATTLE SLEW CT illl x WHIRLAW IY CT al Wl______ L.i111 J11 ei 11 a _1I w RISEN -STAR DR , wIii ',/ FFIRiMED CT , � ,. I1 1!� AJESTIC PRINCE`C� J1i. 1111 1-10 1-10 / ,I �wIV11L-1-POlVD_C1% .,' I,• 4•43\ii I ,uuu HO4LOYCv4r dB* ♦wr,w.IU4w, • • Adopted Future Land Use IN S 0 250 500 Feet Legend Subject Parcel City Limits City Future Land Use Commercial (C) Industrial (IN) Low Density Residential (LDR) Medium Density Limited Residential (MDLR) Medium Density Residential (MDR) High Density Residential (HDR) NI Mixed Use (MU) Downtown Mixed Use Public Lands (PL) Conservation (CON) Pending Comp Plan Amendment PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET Page 53 of 172