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HomeMy Public PortalAboutOrdinance 1933 - Third Avenue Comp Plan Amendment.docxand ORDINANCE: 1933 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 MIXED USE TO MIXED USE (MU) ON APPROXIMATELY 12.02 ACRES, MORE OR LESS, IN SECTION 4, 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"; D. This amendment involves changing the future land use designation from Okaloosa County Mixed Use to Mixed Use (MU) on a parcel of land containing 12.02 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 12.02 acres of land, more or less, from Okaloosa County Mixed Use to Mixed Use (MU). For the purposes of this Ordinance and Comprehensive Plan Amendment, the 12.02 acres, more or less, is known as Parcel 04-3N-23-1840-0001-0010 and commonly described as: Lot One (1) to Ten (10) inclusive of Block One (1) Oakdale Miniature Farms Subdivision according to plat on file in the Office of Clerk of Circuit Court, Okaloosa County, Florida, LESS, begin at the Northeast corner of Lot Six (6) of Block One (1) of Oakdale Miniature Farms, Crestview, Florida, thence run in a Westerly direction along the North boundary of said Lot 6, One Hundred Feet; thence parallel with Garden Street run in a Southerly direction One Hundred Feet; thence parallel with the North boundary of said Lot 6 run in an Easterly direction One Hundred feet to Garden Street; thence on the West boundary of Garden Street in a Northerly direction run One Hundred feet to Point of Beginning. Being in said Lot Six (6) as per plat on file with the Clerk of Circuit Court of Okaloosa County, Florida. The Mixed Use (MU) Future Land Use Category is hereby imposed on Parcel 04-3N-23-1840- 0001-0010. 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 04-3N-23-1840-0001-0010 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 14th day of August 2023. Approved by me this 14th day of August 2023. ATTEST: Marylenne • 1 ader City Clerk J o a� THIRD AVE Adopted Future Land Use 0 150 300 Feet Legend Subject Parcel Q City Limits City Future Land Use Commercial (C) Industrial (IN) Mixed Use (MU) Conservation (CON) L 1 1 Public Lands (PL) E_ Residential (R) County Future Land Use Mixed Use (MU) I 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