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HomeMy Public PortalAboutOrdinance 1869 - W James Lee Comp Plan AmendmentORDINANCE: 1869 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 MIXED USE (MU) TO COMMERCIAL (C) ON APPROXIMATELY 0.12 ACRES, MORE OR LESS, IN SECTION 18, TOWNSHIP 3 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 — WEST JAMES LEE COMPREHENSIVE 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 Mixed Use (MU) to Commercial (C) on a parcel of land containing 0.12 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 0.12 acres of land, more or less, from Mixed Use (MU) to Commercial (C). For the purposes of this Ordinance and Comprehensive Plan Amendment, the 0.12 acres, more or less, is a portion of Parcel 18-3N-23-0320-0002-0050 and commonly described as: COMMENCE AT THE NORTHWEST CORNER OF LOT 5, BLOCK 2, CAMPBELL'S ADDITION TO CRESTVIEW FLORIDA (PLAT BOOK 1, PAGE 161), SAID POINT LYING ON THE EASTERLY RIGHT OF WAY LINE OF CARR DRIVE (56 FOOT RIGHT OF WAY) AND BEING MARKED BY A 1/2" CAPPED IRON ROD L.B. #4028; THENCE ALONG SAID RIGHT OF WAY LINE RUN S 02°03'05" W, A DISTANCE OF 68.21 FEET TO A 1/2" CAPPED IRON ROD L.B. #3501 AND THE POINT OF BEGINNING; THENCE DEPARTING SAID RIGHT OF WAY LINE RUN S 87°54'04" E, A DISTANCE OF 141.61 FEET TO THE EAST LINE OF THE AFOREMENTIONED LOT 5 AND A 1/2" CAPPED IRON ROD L.B. #3501; THENCE ALONG SAID EAST LINE RUN S 00°42'57" W, A DISTANCE OF 63.16 FEET TO A 1/2" CAPPED IRON ROD (NO IDENTIFICATION); THENCE RUN N 68°42'04" W, A DISTANCE OF 151.55 FEET RETURNING TO THE EASTERLY RIGHT OF WAY LINE OF CARR DRIVE (56 FOOT RIGHT OF WAY) AND A 1/2" CAPPED IRON ROD (NO IDENTIFICATION); THENCE ALONG SAID RIGHT OF WAY LINE RUN N 02°03'05" E, A DISTANCE OF 13.31 FEET TO A 1/2" CAPPED IRON ROD L.B. #3501 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS +0.12 ACRES (+5,423 SQUARE FEET), MORE OR LESS. The Commercial (C) Future Land Use Category is hereby imposed on a portion of Parcel 18-3N-23-0320-0002- 0050. 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 the portion of Parcel 18-3N-23-0320-0002-0050 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. ��.•�*vCRF,��!•,, 44, J Whitten Mayor TTE ST: Maryme c : der City Clerk SEAL 4.bq •'�........•.�'.. Adopted Future Land Use 0 50 100 Feet Legend Subject Q City Limits City Future Land Commercial (C) Industrial (IN) Mixed Use (MU) Conservation (CON) Public Lands (PL) ._J Residential (R) PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OIIALOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET