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HomeMy Public PortalAboutOrdinance 1913 - Highway 90 West Comp Plan AmendmentORDINANCE: 1913 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 RURAL RESIDENTIAL TO MIXED USE (MU) ON APPROXIMATELY 542.53 ACRES, MORE OR LESS, IN SECTION 13, TOWNSHIP 3 NORTH, RANGE 24 WEST, AND IN SECTION 14, 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 Agriculture and Rural Residential to Mixed Use (MU) on a parcel of land containing 542.53 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 542.53 acres of land, more or less, from Okaloosa County Agriculture and Rural Residential to Mixed Use (MU). For the purposes of this Ordinance and Comprehensive Plan Amendment, the 542.53 acres, more or less, is known as Parcel 13-3N-24-1811-0000-0030 and Parcel 14-3N-24-0000- 0001-0000 and commonly described as: Tracts 2, 3, 4, 5, 6, 7, 11 and 12 of Plat 8, OAKCREST FARMS AND GROVES, according to the recorded plat on file In the Office of the Clerk of Circuit Court except tract described In Deed Book 48 at Page 558, a tract of land described as beginning at the Northeast comer or NE 1/4 of NW 1/4 of Section 18, Township 8 North, Range 24 West, and run West on section line 668.5 feet; thence South 20 feet for Point of Beginning of tract herein described, thence continue South 1071.25 feet more or less to State Highway No. 1, thence Southwesterly along the North side of State Highway No. 1 right-of-way 275.77 feet more or less, thence North parallel to the East line of this tract 1232.35 feet more or less to a road, thence East along South side said road 210 feet to the Point of Beginning; being the East 210 feet of Tracts 2 and 7 or Plat 8 as platted by Oakcrest Farms and Groves as shown on said plat now on file in the Clerk's Office in and for Okaloosa County, Florida, and except for the additional right-of-way conveyed to Okaloosa County and State Road Department of Florida along the North side State Highway, No. 1 or U.S. 90 of a strip approximately 60 feet in width And that portion of vacated streets and alleys lying adjacent thereto. AND All land in Section 14, Township 3 North, Range 24 West, lying North of State Road No. 1, except a tract of land recorded in Deed Book 26, Page 409, described as follows: Start at the half Section comer of the East line of Section 14. Township 3 North, Range 24 West, and run West along half section line 3022 feet; thence run South parallel to section line 1181 feet for Point of Beginning; thence continue South 994 feet to State Highway No. 1, thence Easterly along highway 1440.5 feet: thence North 881.5 feet to a point 1885 feet West of East line of Section and 969.8 feet South or half section line; thence Westerly 275.5 feet to a point 2144 feet West of East line of Section and 1063 feet South of said half section line; thence Westerly 886 feet to Point of Beginning; containing 25 acres, more or less; ALSO EXCEPTING Tract In Deed Book 57, Page 213 described as follows: Begin 3272 feet West and 1461 feet South of half section comer on East line of Section 14, Township 3 North, Range 24 West, thence run West 350 feet; thence South 750 feet more or less to U.S. Highway No. 90; thence East along North side Highway 350 feet; thence North 750 feet more or less to Point of Beginning, lying and being in Okaloosa County, Florida. ALSO EXCEPTING Begin at the Northeast corner of NE 1/4 of the NW 1/4, Section 13, Township 3 North, Range 24 West, and run West 873.5 feet, thence run South 20 feet for a Point of Beginning; thence run South 950 feet, more or less, to the NE corner of a parcel of land heretofore sold by Leila Lois Enzor and husband, O. O. Enzor to John F. Cook and wife, Dorothy R. Cook, which deed is recorded in OR Book 20, Page 292 of the Public Records of Okaloosa County, Florida; thence run South 50°57' West 149 feet along the Northern boundary of said parcel of land sold to John F. Cook and wife, Dorothy R. Cook, thence run North 104.5 feet, more or less, to the Northern boundary of the NE 1/4 of the NW 1/4 of Section 18 Township 3 North, Range 24 West, thence East 104.5 feet to the Point of Beginning, containing 2 1/2 acres, more or less, lying In Tracts 2 and 7 of Plat 3, Oakcrest Farms and Groves as recorded In Plat Book 1, Page 76, Okaloosa County, Florida. LESS AND EXCEPT the following parcels or land from property heretofore described, to -wit: Those parcels conveyed in OR Book 20, Page 292, OR Book 50, Page 52, OR Book 50, Pap 441, OR Book 143, Page 291, OR Book 143, Page 293, OR Book 168, Page 286, and OR Book 215, Page 482, all of the Public Records of Okaloosa County, Florida, and any other parcel which may have been previously conveyed to any other person by Leila Lola Enzor, a/k/a Mrs. L. L. Enzor, a widow, and any other parcel which may have been conveyed by grantor to the State of Florida for road rights or way, according to any other deeds of record. The Mixed Use (MU) Future Land Use Category is hereby imposed on Parcel 13-3N-24-1811- 0000-0030 and Parcel 14-3N-24-0000-0001-0000. 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 Parcel 13-3N-24-1811-0000-0030 and Parcel 14-3N-24-0000-0001-0000 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 January 2023. Approved this 23rd day of January 2023. J. B. Men Mayor ATTEST: Marye er City Clerk Adopted Future Land Use N A 0 500 1,000 Feet Legend Subject Parcel Q City Limits City Future Land Use j Commercial (C) Industrial (IN) Mixed Use (MU) El Conservation (CON) Public Lands (PL) Residential (R) County Future Land Use L. Agriculture (AG) Conservation (CON) Low Density Residential (LDR) Mixed Use (MU) Rural Residential (RR) Water I I 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