Submitted By: Breah Miller
presenter
Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
title
Adopt Ordinance 2022-36 for an annexation of approximately 35.6 acres of property located at 3848 NW 27TH AVE (Case ANX22-44696).
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, .
PROOF OF PUBLICATION:
4/8/2022 - 29655134
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BACKGROUND:
• Petitioner: TC Florida Development, Inc
• Property Owner: Julia Ann Carter
• Only the south eastern portion containing 35.6 acres of the 142.02 acres is being annexed into the city.
• This property is contiguous to the city limits along its Western and Southern boundaries. The western property line borders vacant Medium Industrial, M-2 property. The Southerly property line fronts on SW 35th St and is across from the AutoZone Distribution Center and Peak Ocala Warehouse.
• The property owner has requested annexation into the City to develop 450,000 square feet of industrial warehouse.
• Employment Center land use and M-2 Medium, Industrial District, zoning have been requested.
• Applications for annexation, future land use designation change, and Medium Industrial rezoning are being brought before City Council for consideration concurrently.
• Planning & Zoning Commission recommended approval 6 to 0.
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
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: This ordinance is pending review by the City Attorney Robert W. Batsel, Jr.
ALTERNATIVE:
• Approve
• Deny
• Table
SUPPORT MATERIALS:
• Staff Report
• Case Map
• Aerial Map
ORDINANCE 2022-36
AN ORDINANCE ANNEXING TO THE CITY OF OCALA, FLORIDA, CERTAIN PROPERTY LOCATED IN THE SE CORNER OF 3848 NW 27TH AVENUE, SECTION 35, TOWNSHIP 14, RANGE 21, 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.
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 PARCEL OF LAND LYING IN THE SOUTHEAST ¼ OF SECTION 35, TOWNSHIP 14 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST ¼ OF SECTION 35, TOWNSHIP 14 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA; THENCE PROCEED N00°22’33”E ALONG THE EAST BOUNDARY OF SAID SOUTHEAST ¼ OF SECTION 35, A DISTANCE OF 100.02 FEET TO A POINT; THENCE DEPARTING SAID EAST LINE N89°30’38”W A DISTANCE OF 32.77 FEET TO THE SOUTHWEST CORNER OF PARCEL “A” AS DESCRIBED IN OFFICIAL RECORDS BOOK 6616, PAGE 1373, SAID POINT ALSO BEING ON THE NORTH RIGHT OF WAY LINE OF NORTHWEST 35TH STREET AS DESCRIBED IN OFFICIAL RECORD BOOK 5820, PAGE 63, ALL OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE, N89°30’38”W A DISTANCE OF 1348.73 FEET TO A POINT AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SAID NORTH RIGHT OF WAY LINE N89°30’38”W A DISTANCE OF 798.01 FEET TO A POINT OF CURVATURE OF A NON-TANGET CURVE; THENCE ALONG A CURVE TO THE RIGHT BEING CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1440.00 FEET, A CHORD BEARING N74°33’26”W AND A CHORD LENGTH OF 348.82 FEET THROUGH A CENTRAL ANGLE OF 13°54’48” AND AN ARC LENGTH OF 349.68 FEET TO A POINT; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE, N24°46’37”E A DISTANCE OF 106.94 FEET TO A POINT; THENCE N00°28’16”E A DISTANCE OF 1238.87 FEET TO A POINT; THENCE S89°30’41”E A DISTANCE OF 1091.41 FEET; THENCE S00°29’19”W A DISTANCE OF 1426.36 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 1,549,828 SQUARE FEET OR 35.579 ACRES, MORE OR LESS.
(aka: 13717-000-00)
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: 2022-36
Introduced: 4/5/2022
Adopted: 4/19/2022
Legal Ad No: 4/8/2022 - 29655134