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HomeMy Public PortalAboutOrdinance 1884 Export Road Rezoning Corrected Recorded**CORRECTED** ORDINANCE: 1884 Amended Only to Correct Scrivener's Error in Legal Description AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR THE REZONING OF 2.02 ACRES, MORE OR LESS, OF REAL PROPERTY, LOCATED IN SECTION 32, TOWNSHIP 3 NORTH, RANGE 23 WEST, FROM THE OKALOOSA COUNTY MIXED USE ZONING DISTRICT TO THE COMMERCIAL LOW -INTENSITY DISTRICT (C-1) ZONING DISTRICT; 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 2.02 acres, more or less, of real property lying within the corporate limits of Crestview, Florida, with 2.02 acres, more or less, being formerly zoned Okaloosa County Mixed Use with the Commercial (C) Future Land Use Map designation recently ratified by the City Council through adoption of Ordinance 1883, is hereby rezoned to Commercial Low -Intensity District (C- 1) to wit: 8 e3 0 z PIN # 32-3N-23-0000-0040-0010 Begin at NW corner of South Quarter of West half of Southwest Quarter of Northeast Quarter, Section 32, Township 3 North, Range 23 West; thence South 105 feet; thence East 420 feet; thence North 105 feet; thence West 420 feet to Point of Beginning, containing 1 acre more or less, situated, lying and being in Okaloosa County, Florida. Subject to Oil, Gas & Mineral Reservations of record and reflected below: An undivided one half(1/2) interest to oil, Gas and Minerals conveyed unto Conrad Lambert, as recorded in Deed Book 45, Page 114, records of Okaloosa County, Florida. AND Begin at the Southwest corner of the Southwest Quarter of the Northeast Quarter, Section 32, Township 3 North, Range 23 West, run North 120 feet to Point of Beginning of tract herein conveyed, thence continue North 105 feet, thence run East 420 feet, thence run South 105 feet, thence run West 420 feet to Point of Beginning, Less and except any road right of way of record, situated, lying and being in Okaloosa County, Florida. Subject to Oil, Gas & Mineral Reservations of record and reflected below: Mineral Deed to Conrad Lambert, conveying an undivided one half ('/) interest to Minerals, as recorded in Deed Book 45, Page 114, 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 Comprehensive Plan Amendment is adopted by Ordinance # 1883 and becomes legally effective. CERTIFICATION OF CORRECTED COPY: I HEREBY CERTIFY THE FOREGOING ORDINANCE WAS PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA ON THE 22ND DAY OF AUGUST, 2022 AND THAT SUBSEQUENT THERETO A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION OF THE SUBJECT PARCEL WAS DISCOVERED, AND SUCH LEGAL DESCRIPTION HAS BEEN CORRECTED IN THIS CORRECTED ORDINANCE (AS AUTHORIZED BY ORDINANCE 1884) AND NO OTHER CHANGES TO ORDINANCE 1884 HAVE BEEN MADE HEREIN. DATE: TIM BOLDUC CITY MANAGER CLERK'S CERTIFICATE STATE OF FLORIDA COUNTY OF OKALOOSA CITY OF CRESTVIEW ) ss I, Maryanne Schrader, City Clerk for said City of Crestview, duly appointed, qualified, and acting, and keeper of the records and seals thereof, do hereby certify the attached to be a true, complete, and correct copy of Ordinance 1884 duly passed by the City Council of the City of Crestview at a Regular meeting of said City Council on the 22nd day of August 2022, as the said matter appears on file and of record in this office. I do further certify that prior to the execution of this certificate by me, the said Ordinance has been spread at length upon the permanent records of said City, where it now appears and remains in the book of Ordinances of the City kept by myself, a book labeled Ordinances. IN WITNESS WHEREOF, I have hereunto set my hand and seal of said City at my office in the City of Crestview, Florida, this 25th day of August 2022. (SEAL) Maryanne Sc ader, MMC, MA City Clerk City of Crestview Okaloosa County, Florida ‘. CREST` ' ORDINANCE: 1884 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR THE REZONING OF 2.02 ACRES, MORE OR LESS, OF REAL PROPERTY, LOCATED IN SECTION 32, TOWNSHIP 3 NORTH, RANGE 23 WEST, FROM THE OKALOOSA COUNTY MIXED USE ZONING DISTRICT TO THE COMMERCIAL LOW -INTENSITY DISTRICT (C-1) ZONING DISTRICT; 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 2.02 acres, more or less, of real property lying within the corporate limits of Crestview, Florida, with 2.02 acres, more or less, being formerly zoned Okaloosa County Mixed Use with the Commercial (C) Future Land Use Map designation recently ratified by the City Council through adoption of Ordinance 1883, is hereby rezoned to Commercial Low -Intensity District (C-1) to wit: PIN # 32-3N-23-0000-0040-0010 Begin at the Southwest corner of the Southwest Quarter of the Northeast Quarter, Section 32, Township 3 North, Range 23 West, run North 120 feet to Point of Beginning of tract herein conveyed, thence continue North 105 feet, thence run East 420 feet, thence run South 105 feet, thence run West 420 feet to Point of Beginning, Less and except any road right of way of record, situated, lying and being in Okaloosa County, Florida. Subject to Oil, Gas & Mineral Reservations of record and reflected below: Mineral Deed to Conrad Lambert, conveying an undivided one half (%2) interest to Minerals, as recorded in Deed Book 45, Page 114, 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 Comprehensive Plan Amendment is adopted by Ordinance # 1883 and becomes legally effective. Passed and adopted on second reading by the City Council of Crestview, Florida on the 22nd day of August 2022. Approved by thi : 22nd day of August 2022. t t. Mayorsi'ro -- Tzz_vv, ATTEST: Mary.nne S• ;der City Clerk Adopted Zoning A 0 150 300 Feet Legend Subject Pcral Cy Limits City Zoning L__J Ono. Family Er ne Dwelling Dim id (R -1E) &ogle Family low De nsity Di, 'lie (R -t) Snpl. Family M edium Density Dimin (R -2) I 9nds and Multi -Purity Dwelli ng Diann (R-3) 116.14 Use (DO) C anm.rdol (C-1) 111. C anmerdol (C-2) Indum of (111) L . Pullin Londs(P) I 1 (ansa,aian (E) County Zoning Residential -1 (R-1) A wed Use (MU) I 1 PREPARED BY CITY OF CRESTVIEW COMMUNITY DEVELOPMENT SERVICES PARCEL INFORMATION PROVIDED BY OK#LOOSA COUNTY GIS DEPARTMENT NAD 1983 STATE PLANE, NORTH ZONE U.S. SURVEY FEET