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HomeMy Public PortalAboutOrdinance 1894 - Richburg Lane Com Plan AmendmentORDINANCE: 1894 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 COMMERCIAL (C) TO MIXED USE (MU) ON APPROXIMATELY 26.86 ACRES, MORE OR LESS, IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST, AND IN SECTION 9, 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 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 Commercial (C) to Mixed Use (MU) on a parcel of land containing 26.86 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 11Page amended by changing the future land use category of a parcel containing approximately 26.86 acres of land, more or less, from Commercial (C) to Mixed Use (MU). For the purposes of this Ordinance and Comprehensive Plan Amendment, the 26.86 acres, more or less, are portions of parcels 04- 3N-23-0000-0029-0000 and 09-3N-23-0000-0011-0000, and commonly described as: A PARCEL OF LAND SITUATED IN SECTIONS 4 AND 9, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, BEING A PORTION OF THE DEWRELL PARCEL (OFFICIAL RECORDS BOOK 3423, PAGE 4052), AND LYING EAST OF FLORIDA STATE ROAD 85 NORTH, AND LYING NORTH OF RICHBURG LANE; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE 4"X4" CONCRETE MONUMENT (NO IDENTIFICATION) MARKING THE SOUTHWEST CORNER OF AFORESAID SECTION 4, SAID POINT LYING ON THE NORTH RIGHT-OF-WAY LINE OF AFORESAID RICHBURG LANE (50 FOOT WIDE PUBLIC RIGHT-OF-WAY); THENCE SOUTH 87°53'59" EAST, ALONG AFORESAID NORTH RIGHT-OF-WAY LINE (ALSO BEING THE SOUTH LINE OF SAID SECTION 4), A DISTANCE OF 7.37 FEET; THENCE DEPARTING AFORESAID SECTION LINE, CONTINUE ALONG SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5) CALLS: (1) N 26°48'55" E, A DISTANCE OF 5.32 FEET; (2) S 64°07'06" E, A DISTANCE OF 306.77 FEET TO A POINT ON A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 324.99 FEET; (3) ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 35°49'43", AN ARC DISTANCE OF 203.22 FEET, (CHORD BEARING = S 82°08'27" E, CHORD =199.93 FEET), TO THE POINT OF TANGENCY OF SAID CURVE; (4) N 79°56'41" E, A DISTANCE OF 11.11 FEET; (5) N 85°06'36" E, A DISTANCE OF 126.31 TO THE POINT OF BEGINNING THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE PROCEED N 01°51'21" E, A DISTANCE OF 988.10 FEET; THENCE PROCEED S 88°08'13" E, A DISTANCE OF 686.90 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF AFORESAID SECTION 4; THENCE PROCEED S 01 °51'21 " W, ALONG SAID EAST LINE A DISTANCE OF 862.33 FEET TO A POINT ON THE AFORESAID NORTH RIGHT- OF-WAY LINE OF RICHBURG LANE; THENCE ALONG SAID NORTH RIGHT- OF-WAY PROCEED THE FOLLOWING THREE (3) CALLS: (1) S 81°45'08" W, A DISTANCE OF 274.97 FEET; (2) S 80°38'39" W, A DISTANCE OF 359.86 FEET; (3) S 85°06'36" W, A DISTANCE OF 63.64 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 14.60 ACRES, MORE OR LESS. AND A PARCEL OF LAND SITUATED IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, BEING A PORTION OF THE DEWRELL PARCEL (OFFICIAL RECORDS BOOK 3423, PAGE 4052), LYING EAST OF FLORIDA STATE ROAD 85 NORTH, LYING NORTH OF RICHBOURG LANE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE 4 INCH BY 4 INCH CONCRETE MONUMENT (NO IDENTIFICATION) MARKING THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE AFORESAID SECTION 4, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT 16, BLOCK 12, OAKDALE MINIATURE -FARMS (PLAT BOOK 1, PAGE 129); THENCE S 01°51'21" W, ALONG THE EAST LINE OF THE AFORESAID QUARTER QUARTER, A DISTANCE OF 464.08 FEET; THENCE DEPARTING SAID EAST LINE PROCEED N 88°08'13" W, A DISTANCE OF 1187.08 FEET TO THE SOUTHEAST CORNER OF THE EGLIN FEDERAL CREDIT UNION PARCEL (OFFICIAL RECORDS BOOK 2518, PAGE 568); THENCE PROCEED ALONG THE EAST AND NORTH BOUNDARY OF SAID CREDIT UNION PARCEL THE FOLLOWING TWO (2) CALLS: (1) N 13°50'45" E, A DISTANCE OF 300.00 FEET; (2) N 88°06'20" W, A DISTANCE OF 34.30 FEET TO THE SOUTHEAST CORNER OF THE TEMPLE FITNESS OF NWF PARCEL (OFFICIAL RECORDS BOOK 2084, PAGE 2147); THENCE PROCEED N 13°48'31" E ALONG THE EAST BOUNDARY LINE OF SAID TEMPLE FITNESS PARCEL, A DISTANCE OF 174.96 FEET TO ITS INTERSECTION WITH THE NORTH LINE OF THE AFORESAID QUARTER QUARTER; THENCE DEPARTING AFORESAID EAST BOUNDARY LINE PROCEED S 88°06'28" E ALONG SAID NORTH LINE, A DISTANCE OF 1122.82 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 12.26 ACRES, MORE OR LESS. The Mixed Use (MU) Future Land Use Category is hereby imposed on portions of parcels 04-3N-23-0000-0029-0000 and 09-3N-23-0000-0011-0000. 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 portions of parcels 04-3N-23-0000-0029-0000 and 09-3N-23-0000-0011-0000 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 26th day of September 2022. Approved by me this 26th day of September 2022. .1. f3. Whitten Mayor ATTEST: Mar'anne ader City Clerk .4. • ( • • 0 `F OREs3 ".. 0 it SEAL .caw o iMIR� pA IT THIRD 2 Q J THIRD AVE (0011310.1.1.1 1— , 15OLES.L I 3 ti Adopted Future Land Use 0 150 300 Feet Legend Subject Parcel OCity Limits City Future Land Use Commercial (C) 177 Industrial (IN) i -] Mixed Use (MU) Conservation (CON) L 1 Public Lands (PL) Residential (R) County Future Land Use Low Density Residential (LDR) Mixed Use (MU) 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