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HomeMy Public PortalAbout1744-Magnolia Creeks RezoningORDINANCE: 1744 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR THE REZONING OF 52.52 ACRES, MORE OR LESS, OF REAL PROPERTY, LOCATED IN SECTION 28, TOWNSHIP 03 NORTH, RANGE 23 WEST, FROM THE COMMERCIAL (C-1) ZONING DISTRICT TO PLANNED UNIT DEVELOPMENT (PUD); PROVIDING FOR AUTHORITY; PROVIDING FOR THE UPDATING OF THE CRESTVIEW ZONING MAP; 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 166.041, Florida Statutes and Chapter 102, City Code. SECTION 2. PROPERTY REZONED. The following described 52.52 acres, more or less, of real property lying within the corporate limits of Crestview, Florida, with 52.52 acres, more or less, being formerly zoned Commercial (C-1) with the Mixed Use (MU) Future Land Use Map designation recently ratified by the City Council through adoption of Ordinance 1743, is hereby rezoned to the Planned Unit Development (PUD) to wit: PIN # 28-3N-23-0000-0017-0010 PARCEL A PARCEL OF LAND ("the LAND") LOCATED IN SECTION 28, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 3 NORTH, RANGE 23 WEST, LESS 28.20 ACRES FOR INTERSTATE 10 RIGHT OF WAY, OKALOOSA COUNTY FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 28, RUN NORTH 00° 54' 30" WEST ALONG THE WESTERLY SECTION LINE, 2643.40 FEET TO THE NORTHWEST CORNER OF SOUTHWEST 1/4; THENCE NORTH 88° 51' 41" EAST, 2630.27 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST 1/4; THENCE SOUTH 00° 54' 30" EAST, 2638.80 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4; THENCE SOUTH 88° 45' 41" WEST ALONG THE SOUTHERLY SECTION LINE, 2630.29 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPT RIGHT OF WAY FOR US I-10, AND LESS AND EXCEPT PROPERTY LOCATED SOUTH OF US I-10. SECTION 3. MAP UPDATE. The Crestview Zoning Map, current edition, is hereby amended to reflect the Page 75 of 172 above changes concurrent with passage of this ordinance, which is attached hereto. SECTION 4. 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 5. 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 6. 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 7. 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 8. EFFECTIVE DATE. The effective date of this Ordinance shall be the date the Comprehensive Plan Amendment is adopted by Ordinance # 1743 and becomes legally effective. PASSED AND ADOPTED' ON SECOND READING BY THE CITY COUNCIL OF CRESTVIEW, /16 FLORIDA ON THE of DAY OF /-�� , 2020. ATTEST: IZA ; ETH M. ROY City Clerk APPROVED BY ME THIS / DAY OF J. TTEN Mayor cC.Z.7 , 2020. Page 76 of 172 COVELL R HOLLY RD SECRETARIAT DR SEATTLE SLEW CT CY aWHIRLAWAY CT RISEN -STAR DR IIIIIIII 52.52+/- acres of land Ex Zoning = Commercial (C-1) Adopted Zoning = Planned Unit Development (PUD) MAAJL E CI I-10 I-10 12 1 Adopted Zoning N s 0 250 500 Feet Legend Subject Parcel City Limits City Zoning '`— Commercial (C-1) - Commercial (C-2) Industrial (M-1) Single Family Dwelling District (R-1) Single Family Dwelling District (R-1A) Single or Multi -Family Dwelling District (R-2) Multi -Family Dwelling District (R-3) MS Downtown Mixed Use (DMU) Planned Unit Development (PUD) Agricultural (A) Publilc Lands (P) Conservation (E) Pending Rezoning 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 Page 77 of 172