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HomeMy Public PortalAbout1810 Cherokee Nene Comprehensive Plan AmendmentORDINANCE: 1810 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 RURAL RESIDENTIAL TO RESIDENTIAL (R) ON APPROXIMATELY 2.04 ACRES, MORE OR LESS, IN SECTION 1, 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 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 Rural Residential to Residential (R) on a parcel of land containing 2.04 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 2.04 acres of land, more or less, from Okaloosa County Rural Residential to Residential (R). For the purposes of this Ordinance and Comprehensive Plan Amendment, the 2.04 acres, more or less, is known as Parcel 01 -3N -24-0000-0001-045A and commonly described as: Commence at the NW corner of Section 1, Township 3 North, Range 24 West, thence N 89 Page58of75 degrees 56 minutes 23 seconds E 2122.96 feet; thence South 1456.62 feet; thence N 87 degrees 17 minutes 57 seconds W 564.16 feet; thence S 37 degrees 12 minutes 03 seconds W 312.47 feet to curve right with a 500 foot radius, thence along curve a distance of 238.20 feet to Cherokee NeNe; thence S 37 degrees 47 minutes 57 seconds E 139.73 feet; thence S 00 degrees 17 minutes 57 seconds E 884.73 feet for Point of Beginning; thence continue S 00 degrees 17 minutes 57 seconds E 180 feet; thence S 85 degrees 17 minutes 57 seconds E 487.92 feet more or less to waters edge of lake; thence Northeasterly along waters edge 200 feet more or less; thence N 85 degrees 47 minutes 57 seconds W 529.1 feet to Point of Beginning. Less 33.0 feet along Cherokee NeNe for R/W. Also known as Lot 37A, Tract 25, Kennedy Lakes. Together with that part as described in Order recorded in Official Records Book 2855, Page 4915, of the Public Records of Okaloosa County, Florida. Less and except that part conveyed to the City of Crestview, Florida, by Quit Claim Deed recorded in Official Records Book 2241, Page 4016, of the Public Records of Okaloosa County, Florida. The Residential (R) Future Land Use Category is hereby imposed on Parcel 01 -3N -24-0000-0001-045A. 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 Parcel 01 -3N -24-0000-0001-045A 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, Page 59 of 75 FLORIDA ON THE ATTEST: ELIZA VI M. ROY City Clerk DAY OF _ , 2021. APPROVED BY ME THIS Z'z h DAY OF , 2021. Page 60of75 EXHIBIT A 2.Q4+1- acres of land Ex FLU= County Rural Residential (RR) Prop FLU= Residential (R) Adopted Future Land Use N S 0 100 200 Feet Legend Subject Parcel City Limits Residential (R) Mixed Use (MU) Commercial (C) Industrial (IN) { Public Lands (PL) Conservation (CON) PREPARED SY 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 61 of 75