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HomeMy Public PortalAbout1751-HWY 85 N @ Old Bethel Comp PlanORDINANCE: 1751 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, AMENDING ITS ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PURPOSE; PROVIDING FOR CHANGING THE FUTURE LAND USE DESIGNATION FROM OKALOOSA COUNTY MIXED USE (MU) TO COMMERCIAL (C) ON APPROXIMATELY 2.93 ACRES, MORE OR LESS, IN SECTION 33, TOWNSHIP 4 NORTH, RANGE 23 WEST; PROVIDING FOR FUTURE LAND USE MAP AMENDMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA, AS FOLLOWS: SECTION 1 — AUTHORITY. The authority for enactment of this Ordinance is Section 2 of the City Charter, §163.3187 F.S., §166.021 F.S., §166.041 F.S. and the adopted Comprehensive Plan. SECTION 2 — FINDINGS OF FACT. The City Council of the City of Crestview finds the following: A. This amendment will promote compact, orderly development and discourage urban sprawl; and B. A public hearing has been conducted after "due public notice" by the Crestview Planning Board sitting as the Local Planning Agency with its recommendations reported to the City Council; and C. A public hearing has been conducted by the City Council after "due public notice"; and D. This amendment involves changing the future land use designation from Okaloosa County Mixed Use (MU) to Commercial (C) on a parcel of land containing 2.93 acres, more or less, lying within the corporate limits of the City; and E. This amendment is consistent with the adopted Comprehensive Plan and is in the best interests of the City and its citizens. SECTION 3 — PURPOSE. The purpose of this Ordinance is to adopt an amendment to the "City of Crestview Comprehensive Plan: 2020." The amendment is described in Section 4 below. SECTION 4 — FUTURE LAND USE MAP AMENDMENT. The Future Land Use Map is amended by changing the future land use category of a parcel containing approximately 2.93 acres of land, more or less, from Okaloosa County Mixed Use (MU) to Commercial (C). For the purposes of this Ordinance and Comprehensive Plan Amendment, the 2.93 acres, more or less, is known as Parcels 33-4N-23-0000-0057-0040, 33-4N-23-0000-0057-0050, and 33-4N-23-0000-0057-0000 and commonly described as: THREE PARCELS OF LAND ("the LAND") LOCATED IN SECTION 33, TOWNSHIP 4 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL #1 COMMENCE AT THE SOUTHWEST CORNER OF SECTION 33, TOWNSHIP 4 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA; THENCE EAST ALONG THE SOUTH LINE OF SECTION 33, A DISTANCE OF 265.0 FEET; THENCE NORTH A DISTANCE OF 406.52 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH A DISTANCE OF 152.52 FEET; THENCE SOUTH 89° 02' EAST A DISTANCE OF 305.93 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF FLORIDA STATE HIGHWAY NO. 85; Pane 56 of 278 THENCE SOUTH ALONG THE WEST LINE OF FLORIDA STATE HIGHWAY NO. 85 TO A POINT THAT IS SOUTH 89° 02' EAST AND 275.46 FEET FROM THE POINT OF BEGINNING, THENCE NORTH 89° 02' WEST 275.46 FEET TO THE POINT OF BEGINNING, ALL LYING AND BEING IN SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 4 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA. SUBJECT TO RESTRICTIONS, EASEMENTS AND PROVISIONS AND CONDITIONS OF RECORD. AND PARCEL #2 COMMENCING AT THE SOUTHWEST CORNER OF SECTION 33, TOWNSHIP 4 NORTH, RANGE 23 WEST, THENCE RUN NORTH 50 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF OLD BETHEL ROAD, THENCE EAST ALONG SAID RIGHT OF WAY FOR A DISTANCE OF 265 FEET TO THE POINT OF BEGINNING, THENCE NORTH 200 FEET, THENCE SOUTH 89° 02' EAST FOR A DISTANCE OF 243.70 FEET, MORE OR LESS TO A POINT ON THE WEST RIGHT OF WAY LINE OF STATE ROAD #85, THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE OF 205 FEET TO A POINT OF INTERSECTION WITH NORTH RIGHT OF WAV LINE OF OLD BETHEL ROAD, THENCE WEST 200 FEET TO THE POINT OF BEGINNING. ALL LYLG AND BEING IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 4 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA. RESTRICTIONS AS SET FORTH IN O. R. BOOK 360, PAGE 503, RECORDS OF OKALOOSA COUNTY, FLORIDA. AND PARCEL #3 FROM THE S. W. CORNER OF SECTION 33, T-4-N, R-23, R-23-N, OKALOOSA COUNTY, FLORIDA, GO EAST ALONG 1HE SOUTH LINE OF SAID SECTION 33 A DISTANCE OF 265.0 FEET, THENCE GO NORTH A DISTANCE OF 254.02 FEET FOR A POINT OF BEGINNING; THENCE GO S-89° 02'-E A DISTANCE OF 245.0 FEET TO THE WEST RIGHT OF WAY LINE STATE HIGHWAY NO. 85, THENCE GO N-11° 14'-E ALONG THE WEST RIGHT OF WAY LINE OF SAID HIGHWAY 85 A DISTANCE OF 156.24 FEET, THENCE GO N-89° 02'-W A DISTANCE OF 275.46 FEET, THENCE GO SOUTH A DISTANCE OF 152.50 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINING .92 ACRES, MORE OR LESS. SUBJECT TO RESTRICTIONS CONTAINED IN O. R. BOOK 360, PAGE 503, RECORDS OF OKALOOSA COUNTY, FLORIDA. SUBJECT TO EASEMENT TO AUBURN WATER SYSTEM AS RECORDED IN O. R. BOOK 598, PAGE 233, RECORDS OF OKALOOSA COUNTY, FLORIDA. The Commercial (C) Future Land Use Category is hereby imposed on Parcels 33-4N-23-0000-0057-0040, 33-4N-23- 0000-0057-0050, and 33-4N-23-0000-0057-0000. Exhibit A, which is attached hereto and made a part hereof by reference, graphically depicts the revisions to the Future Land Use Map and shows Parcels 33-4N-23-0000-0057- 0040, 33-4N-23-0000-0057-0050, and 33-4N-23-0000-0057-0000thereon. 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. Pane 57 of 278 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 // / / DAY OF , 2020. ATTEST: ELIZABEfH M. ROY City Clerk APPROVED BY ME THIS WHITTEN Mayor /76 DAY OF , 2020. FRIENDSHIP LN 2.92+/_ acres of land Ex FLU = County Mixed Use Adopted FLU = Commercial (C) AIRPORT RD Adopted Future Land Use WQ E s 0 100 200 Feet Legend City_Limits SubJect_Area 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) - 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 Pane 59 of 278