Submitted By: Endira Madraveren, AICP
presenter
Presentation By: Endira Madraveren
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2024-31 to annex approximately 5.83 acres for property located approximately 2,600-feet west of the intersection of NW 60th Avenue and West Highway 40 (Parcel 23194-008-01) (Case ANX24-45595) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Operational Excellence
PROOF OF PUBLICATION:
Ocala Gazette - June 7 & 14, 2024 - Notice ID 5hWcvtnacGATLGlOlzzf
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BACKGROUND:
• Petitioner: R.L.R. Investments LLC
• Property Owner: R.L.R. Investments LLC
• The Petitioner has submitted concurrent applications to annex and amend the land use to Low Intensity. A change to the zoning district to application is forthcoming.
• It is the Petitioner’s intent to allow for an appropriate access drive into the subject property for the development of an Animal Shelter on the parcels to the north and northeast (21630-003-00 and 21630-003-01).
• The property is currently vacant and contiguous to City limits to the east. The annexation into the city does not create an enclave.
• Adequate public facilities are available to serve development of the site.
• The Planning & Zoning Commission unanimously voted to recommend approval at the May 20, 2024, meeting.
FINDINGS AND CONCLUSIONS:
The subject property is contiguous to the city limits and the annexation into the city does not create an enclave. Adequate public facilities are available for the subject properties. Staff recommends approval.
FISCAL IMPACT:
N/A
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
The ordinance will be reviewed by the City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2024-31
AN ORDINANCE ANNEXING TO THE CITY OF OCALA, FLORIDA CERTAIN PROPERTY LOCATED APPROXIMATELY 2,600-FEET WEST OF THE INTERSECTION OF NW 60TH AVENUE AND W HIGHWAY 40 (PARCEL 23194-008-01), APPROXIMATELY 5.83 ACRES (ANX24-45595), MARION COUNTY, FLORIDA, PURSUANT TO CHAPTER 171, FLORIDA STATUTES, PROVIDING FOR TERMS AND CONDITIONS OF SAID ANNEXATION, DESCRIBING THE AREA TO BE ANNEXED; PROVIDING DIRECTION TO STAFF; REPEALING INCONSISTENT AND/OR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY OF ORDINANCE PROVISIONS; PROVIDING FOR MODIFICATIONS ARISING FROM CONSIDERATION AT A PUBLIC HEARING; PROVIDING DIRECTION TO THE CODIFIER; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, owners of real property to an unincorporated area of Marion County which is contiguous to the City of Ocala, Florida, have petitioned the City Council of the City of Ocala that said property be annexed to the City of Ocala, Florida, in accordance with Section 171.044, Florida Statutes; and
WHEREAS, it has been determined by the City Council of the City of Ocala, Florida, that the petition bears the signature of all owners of property in the area proposed to be annexed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA, in regular session as follows:
Section 1. City Council of the City of Ocala, Florida in accordance with the powers given and granted to said City of Ocala in and by Chapter 171, Florida Statutes, does hereby redefine the boundary lines of the City of Ocala, so as to include therein the property contiguous thereto and described as follows:
A PORTION OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE NORTHEAST CORNER OF SAID NORTHWEST 1/4; THENCE S00°01'23"W, ALONG THE EAST LINE OF SAID NORTHWEST 1/4, A DISTANCE OF 997.99 FEET TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 17; THENCE CONTINUE ALONG SAID EAST LINE S00°02'23"W, A DISTANCE OF 896.14 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S00°02'23"W ALONG SAID EAST LINE, A DISTANCE OF 716.73 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WEST HIGHWAY No. 40 (WIDTH VARIES); THENCE DEPARTING SAID EAST LINE, PROCEED N89°20'08"W ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 365.80 FEET; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE, PROCEED N00°10'23"E, A DISTANCE OF 713.01 FEET; THENCE S89°55'07"E, 364.11 FEET TO THE POINT OF BEGINNING.
Section 2. Direction to Staff. The City Council of the City of Ocala, Florida directs staff to take any and all steps necessary to effectuate the adoption and implementation of this ordinance; and all other matters as provided for above and herein as well as to ensure the orderly and effective administration and implementation of the intent of this ordinance and the specific matters outlined herein.
Section 3. Repealing Inconsistent and/or Conflicting Provisions. The City Council of the City of Ocala, Florida hereby specifically repeals, to the extent of any such conflict, any and all ordinances, resolutions, policies, procedures, and/or other articles which are conflicting and/or inconsistent with this ordinance and the intent and direction provided by the City Council herein.
Section 4. Severability of Ordinance Provisions. If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, it is the intent of the City Council of the City of Ocala, Florida that (1) such portion shall be deemed a separate, distinct and independent provision; (2) such holding shall not affect the validity of the remaining portions hereof; and (3) this ordinance be adopted as though any such provision was not included herein.
Section 5. Modifications Arising from Consideration at a Public Hearing. It is the intention of the City Council of the City of Ocala, Florida that (1) the provisions of this ordinance may be modified as a result of its consideration by the City Council of matters that may arise during the public hearing(s) at which this ordinance is considered; and (2) any such modifications shall be incorporated into the final version of this ordinance.
Section 6. Direction to the Codifier. It is the intention of the City Council of the City of Ocala, Florida that (1) the property described in Section 1 of this ordinance be annexed; (2) the sections and paragraphs of this ordinance may be renumbered or relettered in order to accomplish said intention; (3) terms or headings not affecting the intent of this ordinance may be changed to further accomplish said intention; and (4) any scrivener’s error(s) contained herein which do not affect the intent of this ordinance be corrected with the authorization of the City Manager or their designee and without the need for additional public hearings or consideration by City Council.
Section 7. This ordinance shall become effective upon approval by the mayor, or upon becoming law without such approval.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Barry Mansfield
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2024.
By: __________________________________
Ben Marciano
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2024-31
Introduced: 6/4/2024
Adopted: Click or tap to enter a date.
Legal Ad No: Ocala Gazette - June 7 & 14, 2024 - Notice ID 5hWcvtnacGATLGlOlzzf