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HomeMy Public PortalAbout1752- HWY 85 N @ Old Bethel Road RezoningORDINANCE: 1752 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR THE REZONING OF 2.93 ACRES, MORE OR LESS, OF REAL PROPERTY, LOCATED IN SECTION 33, TOWNSHIP 4 NORTH, RANGE 23 WEST, FROM OKALOOSA COUNTY MIXED USE (MU) TO COMMERCIAL (C-1); 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 2.93 acres, more or less, of real property lying within the corporate limits of Crestview, Florida, with 2.93 acres, more or less, being formerly zoned Okaloosa County Mixed Use (MU) with the Commercial (C) Future Land Use Map designation recently ratified by the City Council through adop}ion of Ordinance 1751, is hereby rezoned to the Commercial (C-1) to wit: PIN # 33-4N-23-0000-0057-0040, 33-4N-23-0000-0057-0050, and 33-4N-23-0000-0057-0000 THREE PARCELS OF LAND ("the LAND") LOCATED IN SECTION 33, TOWNSHIP 4 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL #1 COMMENCE AT THE SOUTHWEST CORNER OF SECTION 33, TOWNSHIP 4 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA; THENCE EAST ALONG THE SOUTH LINE OF SECTION 33, A DISTANCE OF 265.0 FEET; THENCE NORTH A DISTANCE OF 406.52 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH A DISTANCE OF 152.52 FEET; THENCE SOUTH 89° 02' EAST A DISTANCE OF 305.93 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF FLORIDA STATE HIGHWAY NO. 85; THENCE SOUTH ALONG THE WEST LINE OF FLORIDA STATE HIGHWAY NO. 85 TO A POINT THAT IS SOUTH 89° 02' EAST AND 275.46 FEET FROM THE POINT OF BEGINNING, THENCE NORTH 89° 02' WEST 275.46 FEET TO THE POINT OF BEGINNING, ALL LYING AND BEING IN SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 4 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA. SUBJECT TO RESTRICTIONS, EASEMENTS AND PROVISIONS AND CONDITIONS OF RECORD. AND PARCEL #2 COMMENCING AT THE SOUTHWEST CORNER OF SECTION 33, TOWNSHIP 4 NORTH, RANGE 23 WEST, THENCE RUN NORTH 50 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF OLD BETHEL ROAD, THENCE EAST ALONG SAID RIGHT OF WAY FOR A DISTANCE OF 265 FEET TO THE POINT OF BEGINNING, THENCE NORTH 200 FEET, THENCE SOUTH 89° 02' EAST FOR A DISTANCE OF 243.70 FEET, MORE OR LESS TO A POINT ON THE WEST RIGHT OF WAY LINE OF STATE ROAD #85, THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE OF 205 FEET TO A POINT OF INTERSECTION WITH NORTH RIGHT OF WAV LINE OF OLD BETHEL ROAD, THENCE WEST 200 FEET TO THE POINT OF BEGINNING. ALL LYING AND Pace 61 of 278 BEING IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 4 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA. RESTRICTIONS AS SET FORTH IN O. R. BOOK 360, PAGE 503, RECORDS OF OKALOOSA COUNTY, FLORIDA. AND PARCEL #3 FROM THE S. W. CORNER OF SECTION 33, T-4-N, R-23, R-23-N, OKALOOSA COUNTY, FLORIDA, GO EAST ALONG THE SOUTH LINE OF SAID SECTION 33 A DISTANCE OF 265.0 FEET, THENCE GO NORTH A DISTANCE OF 254.02 FEET FOR A POINT OF BEGINNING; THENCE GO S-89° 02'-E A DISTANCE OF 245.0 FEET TO THE WEST RIGHT OF WAY LINE STATE HIGHWAY NO. 85, THENCE GO N-11° 14'-E ALONG THE WEST RIGHT OF WAY LINE OF SAID HIGHWAY 85 A DISTANCE OF 156.24 FEET, THENCE GO N-89° 02'-W A DISTANCE OF 275.46 FEET, THENCE GO SOUTH A DISTANCE OF 152.50 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINING .92 ACRES, MORE OR LESS. SUBJECT TO RESTRICTIONS CONTAINED IN O. R. BOOK 360, PAGE 503, RECORDS OF OKALOOSA COUNTY, FLORIDA. SUBJECT TO EASEMENT TO AUBURN WATER SYSTEM AS RECORDED IN O. R. BOOK 598, PAGE 233, RECORDS OF OKALOOSA COUNTY, FLORIDA. SECTION 3 — MAP UPDATE. The Crestview Zoning Map, current edition, is hereby amended to reflect the 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 # 1751 and becomes legally effective. PASSED AND ADHTED ON SECOND READING BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA ON THE // DAY OF (2-t1 , 2020. ATTEST: .�C�J A !�- Pic D ELIZABETH NI. ROY f City Clerk �f APPROVED BY ME THIS // / �1 DAY OF < a , 2020. Paae 62 of 278 Mayor EXHIBIT A Adopted Zoning N W E FRIENDSHIP LN ((( 11 s 0 100 200 IIIIMECI Feet Legend 2.92+l- land City Limits acres of Ex Zoning = County Mixed Use, Adopted Zoning = Commercial (C-1) Subject Area City Zoning / 2MII co a Commercial (C-1) Commercial (C-2) 2 = Industrial (M-1) Single Family Dwelling District (R-1) Single Family Dwelling District r r f.--__ __ (R-1A) Single or Multi -Family Dwelling District (R-2) Multi -Family Dwelling District bi--- (R-3) Downtown Mixed Use (DMU) Planned Unit Development (PUD) Agricultural (A) Publilc Lands (P) OL°D•BETHELRD Conservation (E) Pending Rezoning __... AIRPORT RD 0 Q J m 0 O Q al a w z z 0 z 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 Pace 63 of 278