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HomeMy Public PortalAboutOrdinance 1862 - Antioch Road Comprehensive Plan AmendmentORDINANCE: 1862 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 AGRICULTURE AND LOW DENSITY RESIDENTIAL TO MIXED USE (MU) ON APPROXIMATELY 58.55 ACRES, MORE OR LESS, IN SECTIONS 23 AND 26, 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 — ANTIOCH ROAD COMPREHENSIVE PLAN AMENDMENT 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 Agriculture and Low Density Residential to Mixed -Use (MU) on a parcel of land containing 58.55 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 58.55 acres of land, more or less, from Okaloosa County Agriculture and Low Density Residential to Mixed -Use (MU). For the purposes of this Ordinance and Comprehensive Plan Amendment, the 58.55 acres, more or less, is known as Parcels 23-3N-24- 0000-0012-0000, 23-3N-24-0000-0015-0000, 23-3N-24-0000-0014-0010, and 26-3N-24-0000-0002-0000, and commonly described as: PARCEL 1: An undivided one-half interest, being all my interest, in and to the following described property, to wit: That portion of the Southwest 1/4 of the Southwest 1/4, lying East of Highway #4 (Antioch Road), LESS AND EXCEPT THE South 60 feet thereof in Section 23, Township 3 North, Range 24 West, Okaloosa County, Florida. PARCEL IDENTIFICATION NUMBER: 23-3N-24-0000-0014-0010 PARCEL 2: Parcel 1: The NW '/ of NE '/, Section 26, Township 3 North, Range 24 West, Okaloosa County, Florida. Parcel 2: Begin at the NE corner of the NW '/ if Section 26, Township 3 North, Range 24 West, Okaloosa County, Florida for P.O.B.; thence run West 1110 feet; thence run South 525.0 feet; thence run East 420.0 feet; thence run 105.0 feet; thence run East 690 feet; thence run North 630.0 feet to the Point of Beginning, containing 15.5 acres, more or less. Parcel 3: Commencing at an existing iron pin marking the N.E. corner of N.W. 1/4, of N.W. 1/4, of Section 26, Township 3 North, Range 24 West, Okaloosa County, Florida, also being the point of beginning; thence S 85°34'21" W a distance of 183.01 feet to a set iron pin, on East right of way line of Antioch Road; thence S 75°55'28" E a distance of 192.20 feet to a set iron pin; thence N 85°34'21" E a distance of 420.83 feet to a set iron pin; thence N 3°43'39" W a distance of 1.00 feet to a set iron pin; thence S 85°34'21" W a distance of 210.00 feet to a set iron pin; thence N 3°43'39" W a distance of 59.00 feet to a set iron pin; thence S 85°34'21" W a distance of 210.83 feet to a set iron pin; thence N 3°43'39" W a distance of 1.00 feet to the Point of Beginning Parcel 4: Commencing at the SE corner of SW '/ of SW '/ Section 23, Township 3 North, Range 24 West, Okaloosa County, Florida, also being the Point of Beginning; thence South 85 degrees 34 minutes 21 seconds West 183.41 feet; thence North 03 degrees 4 minutes 39 seconds West 60 feet; thence North 85 degrees 34 minutes 21 seconds East 182.0 feet; thence South 03 degrees 57 minutes 28 seconds East 60 feet to Point of Beginning, containing 0.25 acres more or less. Parcel 5: Commencing at a lightwood post marking the Southeast comer of the Northeast Quarter of Section 26, Township 3 North, Range 24 West, Okaloosa County, Florida; thence North 00 degrees 03'13" East along the East line of said Section 26, a distance of 1838.04 feet to a 4-inch diameter concrete monument, which is 175 yards North of the Northeast corner of the Southeast Quarter of the Northeast Quarter of said Section; thence North 89 degrees 53'56" West a distance of 1317.04 feet to a 4-inch diameter concrete monument; thence South 00 degrees 08'51" East along the West line of the Northeast Quarter of the Northeast Quarter of said Section, a distance of 525 feet to a 4-inch diameter concrete monument marking the Northeast comer of the Southwest Quarter of the Northeast Quarter; thence North 89 degrees 53'55" West a distance of 1315.19 feet to a 4-inch diameter concrete monument marking the Southeast corner of the Northeast Quarter of the Northwest Quarter; thence North 00 degrees 20°55" West a distance of 618.56 feet to the Point of Beginning; thence continue North 00 degrees 20'55" West a distance of 65.0 feet; thence North 89 degrees 53'31 " West a distance of 569.0 feet; thence South 0 degrees 39' 28" East a distance of 65.0 feet; thence South 89 degrees 53'31" East a distance of 569.0 feet to the Point of Beginning. Parcel 6: An undivided one-half interest: Beginning at the NW corner of NE 1/4 of NW 1/4, Section 26, Township 3 North, Range 24 West, Okaloosa County, Florida, thence South run 399 feet to point of beginning of the land herein conveyed, thence continue South 772 feet to the East ROW of Florida State Road #4, thence along the East ROW run in a Northerly direction 852 feet, thence run Easterly 185.5 feet to point of beginning herein conveyed. Parcel 7: A non-exclusive access easement over and across: Begin at Northwest corner of NE 1/ of NW 1 , Sec 26, TWP. 3 N, Range 24 West, in Okaloosa County, Florida, thence run South 484 feet for Point of Beginning of the easement hereby granted and conveyed, thence run East 210 feet, thence run South 30 feet, thence run West 210 feet, thence run North 30 feet back to the point of beginning, situate in NE 1/4 of NW 1/, Section 26, Twp. 3 North, Range 24 West in Okaloosa County, Florida, consisting of a strip of land 210 feet East and West and 30 feet North and South. Less and Except the Following 7 Parcels: Less Out Parcel A: Begin at a point where the West boundary of the Northeast Quarter of the Northwest Quarter, Section 26, Township 3 North, Range 24 West, intersects with the South boundary of road to L.R. Green's; thence run South 300 feet; thence run West to the East boundary of the Florida State Road #4; thence along, on and with the East boundary of said road #4 run North to where the East boundary of road #4 intersects with the South boundary of road to L.R. Green's; thence 173 feet to point of beginning, in the Northwest Quarter of the Northwest Quarter of Section 26, Township 3 North, Range 24 West of Okaloosa County, Florida. Less Out Parcel B: Commencing at an iron pipe marking the NE corner of the NW 1/ of the NW 1/ of Section 26, Township 3 N, Range 24 W, Okaloosa County, Florida; run S 89°46'55" E along the N line of said Section 26 a distance of 210.0'; thence runs S 00°05'05"W a distance of 60.0' to an iron rod and the Point of Beginning; thence continue S 00°05'05" W a distance of 452.21' to a concrete monument; thence run S 89°46'55" E a distance of 210.0' to an iron rod; thence run N 00°05'05" E a distance of 452.21' to an iron rod; thence run N 89°46'55" W a distance of 210.0' to the P.O.B. Less Out Parcel C: Commence at the Northeast corner of the Northwest Quarter of the Northwest Quarter of Section 26, Township 3 North, Range 24 West, Okaloosa County, Florida; thence South 85°34'21" West 233.42 feet to a point on the center line of State Road 4. Said point being designated as Station 95 + 68.10, thence South 3°04'39" East along said center line a distance of 207.46 feet to the beginning of a curve to the left having a radius of 1910.08 feet, thence along said curve a distance of 293.49 feet through a central angle of 8°48'17" to a point on the curve, thence North 84°32'42" East 861.10 feet, thence South 5°27'18" East 25.00 feet to the Point of Beginning, thence continue South 5°27'18" East 105.00 feet, thence North 84°32'42" East 157.18 feet, thence North 5°27'18" West 105 feet, thence South 84°32'42" West 157.18 feet to the Point of Beginning. Contains 0.38 acres, more or less. Less Out Parcel D: The North 12.3 feet of the following described parcel: Commencing at the Northwest corner of the Northeast 1/ of the Northwest 1/ of Section 26, Township 3 North, Range 24 West, Okaloosa County, Florida; thence South 03°54'17" East along the West line thereof a distance of 512.97 feet to the Point of Beginning; thence North 85°34'21" East parallel with the North line of said Section 26 a distance of 420.0 feet; thence South 03°54'17" East parallel with the said West line a distance of 300.00 feet; thence South 85°34'21" West a distance of 150.00 feet; thence South 03°54'17" East a distance of 280.00 feet; thence South 85°34'21" West a distance of 272.24 feet to the East right of way line State Road S- 4 (100.00' R/W); thence North 21°35'39" West along East right of way line a distance of 306.20 feet a point of curvature; thence along the arc of a curve a distance of 296.01 feet. Said curve having a radius of 1860.08 feet, a delta angle of 09°07'05", a Chord 295.44 feet, and a chord bearing North 17°43'11" West, thence leaving said East right of way line North 85°34'21" East a distance of 165.84 feet to the Point of Beginning. Less Out Parcel E: Beginning at a lightwood post marking the Southeast corner of the Northeast Quarter of Section 26, Township 3 North, Range 24 West, Okaloosa County, Florida; thence North 00 degrees 03'13" East along the East line of said Section 26 a distance of 1838.04 feet to a 4-inch diameter concrete monument, which is 175 yards North of the Northeast corner of the Southeast Quarter of the Northeast Quarter of said Section; thence North 89 degrees 53'56" West a distance of 1317.04 feet to a 4-inch diameter concrete monument; thence South 00 degrees 08'51" East along the West line of the Northeast Quarter of the Northeast Quarter of the said Section, a distance of 525 feet to a 4-inch diameter concrete monument marking the Northeast corner of the Southwest Quarter of the Northeast Quarter and the Point of Beginning; thence North 89 degrees 53'55" West a distance of 200 feet; thence run in a Northeasterly direction a distance of 301.04 feet to a point that is North 0 degrees 08'51" West and 225 feet from the Point of Beginning; thence South 0 degrees 08'51" East a distance of 225 feet to the Point of Beginning. Less Out of Parcel F: Commencing at an existing iron pin marking the N.E. corner of N.W. '/, of N.W. '/ of Section 26, Township 3 North, Range 24 West, Okaloosa County, Florida; thence N 85°34'21" E a distance of 420.83 feet to a set iron pin; thence S 3°43'39" E a distance of 61.00 feet to a set iron pin and the point of beginning; thence continue S 3°43'39" E a distance of 241.43 feet to an existing concrete monument; thence S 4°53'59" E a distance of 171.54 feet to a set iron pin; thence N 84°15'22" E a distance of 84.53 feet to a set iron pin; thence N 3°43'39" W a distance of 411.03 feet to a set iron pin; thence S 85°34'21" W a distance of 88.00 feet to the point of beginning. Less out Parcel G: Commencing at the Northwest corner of Northeast '/ of the Northwest '/ of Section 26, Township 3 North, Range 24 West, Okaloosa County, Florida; thence South 03 degrees 54 minutes 17 seconds East along the West line thereof a distance of 512.97 feet to the Point of Beginning; thence North 85 degrees 34 minutes 21 seconds East parallel with the North line of said Section 26 a distance of 420.0 feet; thence South 03 degrees 54 minutes 17 seconds East parallel with the said West line a distance of 300.00 feet; thence South 85 degrees 34 minutes 21 seconds West a distance of 150.00 feet; thence South 03 degrees 54 minutes 17 seconds East a distance of 280.00 feet; thence South 85 degrees 34 minutes 21 seconds West a distance of 272.24 feet to the East right of way line of State Road S-4 (100.00 R/W); thence North 21 degrees 35 minutes 39 seconds West along said East right of way a distance of 306.20 feet to a point of curvature; thence along the arc of a curve a distance of 296.01 feet. Said curve having a radius of 1860.08 feet, a delta angle of 09 degrees 07 minutes 05 seconds, a chord of 295.44 feet, and a chord bearing North 17 degrees 43 minutes 11 seconds West; thence leaving said East right of way line North 85 degrees 34 minutes 21 seconds East a distance of 165.84 feet to the Point of Beginning. TOGETHER with the Easements recorded in O.R. Book 2557, page 656 and O.R. Book 2557, page 660, of the public records of Okaloosa County, Florida. PARCEL IDENTIFICATION NUMBER: 26-3N-24-0000-0002-0000 The Mixed -Use (MU) Future Land Use Category is hereby imposed on Parcels 23-3N-24-0000-0012-0000, 23- 3N-24-0000-0015-0000, 23-3N-24-0000-0014-0010, and 26-3N-24-0000-0002-0000. 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 23-3N-24-0000-0012-0000, 23-3N-24-0000-0015-0000, 23-3N-24-0000-0014-0010, and 26-3N-24-0000-0002-0000 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 23rd day of May, 2022. Approved by me this 23rd day of May, 2022. J . Whitten Mayor ATTEST: Ma City nne 'lerk ader �0%•••••••„� �%l CREST`•,, L ?S '��6CgNiZ p PQ.‘`‘�• P 1.v Adopted Future Land Use i1 0 300 600 Feet Legend Subject Parcel QCity Limits City Future Land Use Commercial (C) __.. Industrial (IN) I Mixed Use (MU) Li Conservation (CON) Public Lands (PL) Residential (R) County Future Land Use MIL Agriculture (AG) Ml Conservation (CON) Low Density Residential (LDR) Mixed Use (MU) I I PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OKALOOSACOUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET