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File #: RES-2025-10   
Type: Resolution Status: Agenda Ready
File created: 1/8/2025 In control: City Council
On agenda: 1/21/2025 Final action:
Title: Adopt Resolution 2025-10 to abrogate approximately 0.06 acres of the eastern 164 feet of the alley between SW Second Avenue and SW Third Avenue (Parcel 2854-025-010) (Case: ABR23-45350) (Quasi-Judicial)
Attachments: 1. 2025 Staff Report ABR23-45350, 2. ABR23-45350_CaseMap Domach Abrogation, 3. ABR23-45350_AerialMap Domach Abrogation, 4. PZ-Minutes 11-13-23, 5. ABR23-45350 Public Comment 1
Date Action ByMotionResultAction DetailsMeeting DetailsVideo
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Submitted By: Kristina Wright

presenter

Presentation By: Aubrey Hale

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Department: Growth Management

STAFF RECOMMENDATION (Motion Ready):

title

Adopt Resolution 2025-10 to abrogate approximately 0.06 acres of the eastern 164 feet of the alley between SW Second Avenue and SW Third Avenue (Parcel 2854-025-010) (Case: ABR23-45350) (Quasi-Judicial)

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OCALA’S RELEVANT STRATEGIC GOALS:

Economic Hub

PROOF OF PUBLICATION:

N/A

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BACKGROUND:

                     Petitioner: Navroz F Saju

                     Property Owner: City of Ocala

                     Agent: Davis L Dinkins, P.E., Dinkins Engineering & Surveying, LLC

 

Key Points:

The subject alley, owned by the City of Ocala, is a 14-foot-wide alleyway historically used by the city for service access and utilities.  Domach, LLC., owns the property on either side of the alley.

 

The subject 14-foot alley includes city underground utilities that are in the process of being relocated. The northern portion of the property was formerly a repair garage doing business as European Car Clinic while the southern portion served as a surface parking lot.

 

Zoning and Land Use Details:

The portion of the subject alley being vacated runs east and west between SW Third Avenue and SW Second Avenue just south of SR 40 in the downtown area.  The alley and surrounding area are located within the Form Based Code (FBC) zoning district and have an underlying land use of High Intensity/Central Core. The property is also within the Downtown Community Redevelopment Area. The applicant is requesting to abrogate the subject alley to allow for redevelopment of the property north and south of the intervening alley. 

 

Planning & Zoning Commission:

The Planning & Zoning Commission approved this abrogation on November 13, 2023. The request never moved forward to the City Council while ownership issues were resolved. As the initial hearing occurred more than one year ago, another public hearing is necessary.

 

Staff presented the abrogation request to the Planning and Zoning Commission at the January 13, 2025, meeting.

 

The Planning and Zoning Commission voted 5 to 0 to recommend approval to City Council.

 

FINDINGS AND CONCLUSIONS:

The requested abrogation does not adversely affect connectivity and will promote redevelopment within the downtown area. As such, staff recommends approving the request to abrogate the eastern 164 feet of the alley between SW Second Avenue and SW Third Avenue (Parcel 2854-025-010). Staff recommends approval of ABR23-45350.

 

FISCAL IMPACT:

N/A

 

PROCUREMENT REVIEW:

N/A

 

LEGAL REVIEW:

The resolution is pending review/has been reviewed by the City Attorney, William E. Sexton.

 

ALTERNATIVE:

                     Approve with changes.

                     Deny

                     Table

 

 

 

RESOLUTION 2025-10

 

 

A RESOLUTION APPROVING RECOMMENDATIONS OF THE OCALA PLANNING AND ZONING COMMISSION FOR THE ABROGATION AND VACATION OF A PORTION OF AN ALLEY LOCATED IN BLOCK 25 OF OLD SURVEY OCALA, AS RECORDED IN PLAT BOOK E, PAGE 1 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.

 

                     WHEREAS, application has heretofore been made by DOMACH, LLC, a Florida limited liability company (“Applicant”) has heretofore made an application to the Ocala Planning and Zoning Commission for the abrogation and vacation of the portion of an alley (the “Abrogated Alley”) in Ocala, Marion County, Florida, as hereinafter more particularly described; and

 

                     WHEREAS, the City of Ocala is the owner of the right-of-way described above; and

WHEREAS, subsequent to said application a public hearing with the Ocala Planning and Zoning Commission was held on January 13, 2025, which recommended approval of the application after due notice as provided by law, and

WHEREAS, comments regarding the effects of such an abrogation on the public facilities of the City have been requested from appropriate city departments and private utilities; and

WHEREAS, all utilities were contacted and responded with no objection to the requested abrogation and vacation; and

                     NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA, in regular session as follows:

1.                     That the eastern 164 feet of the alley between SW Second and SW Third Avenue described as that portion of Block 25, of the Old Survey Ocala as recorded in Plat Book E, Page 1 of the Public Records of Marion County, Florida, being more particularly described as follows:

THE EAST 164 FEET OF THE ALLEY, 14 FEET IN WIDTH RUNNING EAST AND WEST THROUGH THE CENTER OF SAID BLOCK 25, LYING WITHIN 7 FEET OF EACH SIDE OF THE CENTERLIINE, BEING ALSO DESCRIBED AS THE NORTH 7 FEET OF THE SOURTH ½ AND THE SOUTH 7 FEET OF THE NORTH ½ OF SAID BLOCK 25.

2.                     The City of Ocala does hereby abrogate and vacate alley located in Ocala, Marion County, Florida, as described and depicted on the attached Exhibit A.

3.                     A certified copy of the Resolution shall be recorded by the Clerk of the City of Ocala in the public records of Marion County, Florida. This Resolution dated and adopted this 21st day of January 2025.

 

 

This Resolution adopted this 21st day of January, 2025.

 

                                                                                                                              CITY OF OCALA

 

                                                                                                         By:                     __________________________

                                                                                                                              Kristen M. Dreyer                                                                                                                                                                                                                                       City Council President

 

                                                                                                         Attest:                     __________________________

                                                                                                                              Angel B. Jacobs

                                                                                                                              City Clerk

 

 

Approved as to form and legality:

 

 

____________________________

William Sexton

City Attorney

 

 

 

 

EXHIBIT A