Submitted By: Aubrey Hale
presenter
Presentation By: Aubrey Hale
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2022-44 for an annexation of approximately 9.10 acres located at 4240 SW 43rd Ct and 4300 SW 43rd Ct (Case ANX20-0012)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place.
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Petitioner: BDG Albee, LLC and Belleair Development, LLC (on behalf of Cay Ventures, LLC)
• Property Owner: Cay Ventures, LLC & BDG Albee, LLC
• This property is contiguous to the city limits along its southern, eastern, and western boundaries. The western and southerly property lines border the Saddlewood Estates subdivision. The easterly property line fronts on SW 43rd Ct and is across from a DRA that serves a gas station and restaurant. The two parcels each contain a single-family home.
• The property owner has requested annexation into the City to receive city water and electric service and to develop the property as a gated two-story multifamily Planned Development.
• A Neighborhood future land use designation and Planned Development, PD, zoning are proposed.
• This project was heard by the Planning & Zoning Commission previously on June 14, 2021.
o At the June 14, 2021 meeting, the Planning & Zoning Commission voted 5 to 0 to approve the annexation and future land use designation for the property, but also voted 5 to 0 to deny the Planned Development proposal.
• After the Planning & Zoning Commission meeting on June 14, 2021, the applicant decided to revise the Planned Development instead of proceeding to City Council.
• The Planned Development proposal has now been substantially revised. These revisions were made in response to feedback received and in coordination with City staff.
• Applications for annexation, the future land use designation, and Planned Development zoning were brought back to the Planning & Zoning Commission for a second consideration.
• At the April 11, 2022 Planning & Zoning Commission meeting the commission voted in approval of the request with a 6 to 0 vote.
FINDINGS AND CONCLUSIONS:
The proposed annexation is unincorporated, contiguous to the city limits, and meets statutory requirements related to enclaves and compactness. Staff recommend approval.
FISCAL IMPACT:
N/A
ALTERNATIVE:
• Approve
• Deny
• Table
ORDINANCE 2022-44
AN ORDINANCE ANNEXING TO THE CITY OF OCALA, FLORIDA, CERTAIN PROPERTY LOCATED AT 4240 SW 43RD COURT AND 4300 SW 43RD COURT SECTION 34, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, PURSUANT TO CHAPTER 171, FLORIDA STATUTES PROVIDING FOR TERMS AND CONDITIONS OF SAID ANNEXATION, DESCRIBING THE AREA TO BE ANNEXED; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
W I T N E S S E T H:
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:
THE EAST 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA. EXCEPT THE EAST 50.00 FEET THEREOF FOR ROAD RIGHT OF WAY. ALSO LESS AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF OCALA IN BOOK 5175, PAGE 515, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
AND
THE EAST 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, EXCEPT THE EAST 50 FEET THEREOF FOR ROAD RIGHT OF WAY, SECTION 34, TOWNSHIP 15 SOUTH, RANGE 21 EAST OF MARION COUNTY, FLORIDA.
THE ABOVE PARCELS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 34; THENCE S00°36'14"W, ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 34, A DISTANCE OF 1,319.55 FEET; THENCE N89°47'45"W, A DISTANCE OF 75.94 FEET TO THE WEST RIGHT-OF-WAY LINE OF S.W. 43RD COURT PER OFFICIAL RECORDS BOOK 5175, PAGE 515 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE S06°41'46"E, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 204.14 FEET; THENCE S00°36'14"W, CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 457.05 FEET TO THE NORTHEAST CORNER OF D.R.A. NO. 3, BLOCK "B", SADDLEWOOD ESTATES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 47 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE N89°43'54"W, A DISTANCE OF 609.56 FEET TO THE SOUTHEAST CORNER OF LOT 7, BLOCK "B", OF SAID SADDLEWOOD ESTATES; THENCE N00°35'40"E, A DISTANCE OF 659.03 FEET TO THE NORTHEAST CORNER OF LOT 32, BLOCK "A", OF SAID SADDLEWOOD ESTATES; THENCE S89°47'45"E, A DISTANCE OF 583.73 FEET TO THE POINT OF BEGINNING.
CONTAINING 399,328 SQUARE FEET OR 9.167 ACRES, MORE OR LESS.
(aka: Parcel # 23866-001-00 & 23867-000-00)
Section 2. Severability Clause. Should any provision or section of this ordinance be held by a Court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of this ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 4. This ordinance shall take effect upon approval by the Mayor, or upon becoming law without such approval.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Ire Bethea Sr.
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2022.
By: __________________________________
Reuben Kent Guinn
Mayor
Approved as to form and legality:
By: _________________________________
Robert W. Batsel, Jr.
City Attorney
Ordinance No: 2022-44
Introduced: 5/3/2022
Adopted: 5/17/2022
Legal Ad No: 7264846 - 5/6/2022