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HomeMy Public PortalAboutOrdinance 1945 - Antioch Road Comp Plan AmendmentORDINANCE: 1945 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 LOW DENSITY RESIDENTIAL TO MIXED USE (MU) ON APPROXIMATELY 5.30 ACRES, MORE OR LESS, IN SECTION 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 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 B. A public hearing has been conducted by the City Council after "due public notice"; and C. This amendment involves changing the future land use designation from Okaloosa County Low Density Residential to Mixed Use (MU) on a parcel of land containing 5.30 acres, more or less, lying within the corporate limits of the City; and D. 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 5.30 acres of land, more or less, from Okaloosa County Low Density Residential to Mixed Use (MU). For the purposes of this Ordinance and Comprehensive Plan Amendment, the 5.30 acres, more or less, is known as Parcels 26-3N-24-0000-0006-0000, 26-3N-24-0000-0002-002A, and 26-3N-24-0000- 0002-0090 and commonly described as: PIN # 26-3N-24-0000-0002-0090 (Deed recorded in Book 3656, page 4448, dated December 29, 2022) Commencing at an existing iron pin marking the Northeast corner of Northwest 1/4, of Northwest 1/4 of Section 26, Township 3 North, Range 24 West, Okaloosa County, Florida; thence North 85 degrees 34 minutes 21 seconds East a distance of 420.83 feet to a set iron pin; thence South 3 degrees 43 minutes 39 seconds East a distance of 61.00 feet to a set iron pin and the Point of Beginning; thence continue South 3 degrees 43 minutes 39 seconds East a distance of 241.43 feet to an existing concrete monument; thence South 4 degrees 53 minutes 59 seconds East a distance of 171.54 feet to a set iron pin; thence North 84 degrees 15 minutes 22 seconds East a distance of 84.53 feet to a set iron pin; thence North 3 degrees 43 minutes 39 seconds West a distance of 411.03 feet to a set iron pin; thence South 85 degrees 34 minutes 21 seconds West a distance of 88.00 feet to the Point of Beginning. (All set iron pins are 1/2 inch capped stamped LS 1179.) PIN # 26-3N-24-0000-0002-002A (Deed recorded in Book 3680, page 4346, dated June 22, 2023) Commencing at iron pipe marking Northeast corner of Northwest Quarter (NW 1/4) of Northwest Quarter (NW 1/4) of Section 26, Township 3 North, Range 24 West, and run South 89 degrees 46 minutes 55 seconds East along North line of said Section 26 a distance of 210.00 feet, thence run South 00 degrees 05 minutes 05 seconds West a distance of 60 feet to iron pin and Point of Beginning. Thence continue South 00 degrees 05 minutes 05 seconds West 226.11 feet, thence run South 89 degrees 46 minutes 55 seconds East 210 feet, thence North 00 degrees 05 minutes 05 seconds East for a distance of 226.11 feet, thence North 89 degrees 46 minutes 55 seconds West for a distance of 210.00 feet to Point of Beginning. All lying and being in Section 26, Township 3 North, Range 24 West, Okaloosa County, Florida. PIN # 26-3N-24-0000-0006-0000 (Deed recorded in Book 3656, page 169, dated December 20, 2022) Commencing at the Northeast comer of the Northwest 1/4 of Northwest 1/4 of Section 26, Township 3 North, Range 24 West, Okaloosa County, Florida, also being the Point of Beginning; thence North 85 degrees 34 minutes 21 seconds East 210 feet; thence South 03 degrees 57 minutes 28 seconds East 420 feet; thence South 85 degrees 34 minutes 21 seconds West 210 feet; thence South 85 degrees 31 minutes 21 seconds West 178.03 feet to curve right having a 1860.08 foot radius; thence Northerly along said curve 211.52 feet; thence North 03 degrees 4 minutes 39 seconds West 207.46 feet; thence North 85 degrees 34 minutes 21 seconds East 183.41 feet to the Point of Beginning. The Mixed Use (MU) Future Land Use Category is hereby imposed on Parcel Parcels 26-3N-24- 0000-0006-0000, 26-3N-24-0000-0002-002A, and 26-3N-24-0000-0002-0090. 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 Parcels 26-3N-24-0000-0006-0000, 26-3N-24-0000-0002-002A, and 26-3N-24-0000-0002-0090 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 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, oil 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 28th day of August, 2023. Approved by me this 28th day of August, 2023. 1' EST: Maryanne hrader, City Clerk Adopted Future Land Use 0 150 300 Feet Legend Subject Parcel Q City Limits City Future Land Use (I Commercial (C) Industrial (IN) Mixed Use (MU) Conservation (CON) I-1 Public Lands (PL) r 1 Residential (R) County Future Land Use Agriculture (AG) Low Density Residential (LDR) Mixed Use (MU) I I l J