Submitted By: Breah J. Miller
Presentation By: Jeff Shrum
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2023-38 annexing property located at 3137 NE Jacksonville Road along with the parcel located directly to the south, approximately 1.67 (ANX22-45056)(Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub.
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• This property is contiguous to the city limits.
• Annexation was requested to obtain city services.
• Neighborhood land use is proposed.
• An application for rezoning from B-2, Community Business (County) and B-5, Heavy Business (County), to R-3, Multi-Family Residential (City) is being processed concurrently.
Planning & Zoning Commission recommended approval with a vote of 6-0 at the February 13, 2023, meeting.
FINDINGS AND CONCLUSIONS:
The proposed annexation is contiguous to the city limits and is eligible for annexation. Staff recommends approval.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: The ordinance is pending review by the City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2023-38
AN ORDINANCE ANNEXING TO THE CITY OF OCALA, FLORIDA, CERTAIN PROPERTY LOCATED AT 3137 NE JACKSONVILLE ROAD ALONG WITH THE PARCEL LOCATED DIRECTLY TO THE SOUTH, SECTION 5, TOWNSHIP 15 SOUTH, RANGE 22 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:
PARCEL 24728-000-01:
THE NORTH 148.81 FEET MEASURED PERPENDICULAR TO THE NORTH BOUNDARY OF THE FOLLOWING:
FOR A POINT OF REFERENCE COMMENCE AT THE SE CORNER OF THE NE 1/4 OF THE NE 1/4 OF SECTION 5, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MARION COUNTY, FLORIDA, THENCE WEST ALONG THE SOUTH BOUNDARY OF SAID NE 1/4 OF THE NE 1/4 1615.90 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF U.S. HIGHWAY 301 (100’ RIGHT OF WAY); THENCE ALONG SAID RIGHT OF WAY N.13°09ʹ55"E. 39.07 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.13°09ʹ55"E. 305.65 FEET; THENCE EAST 250.00 FEET; THENCE SOUTH 297.62 FEET; THENCE WEST 319.62 FEET TO THE POINT OF BEGINNING.
AND
PARCEL 24728-002-00:
FOR A POINT OF REFERENCE COMMENCE AT THE SE CORNER OF THE NE 1/4 OF THE NE 1/4 OF SECTION 5, TOWNSHIP 15 SOUTH, RANGE 22 EAST, MARION COUNTY, FLORIDA, THENCE WEST ALONG THE SOUTH BOUNDARY OF SAID NE 1/4 OF THE NE 1/4 1615.90 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF U.S. HIGHWAY 301 (100’ RIGHT OF WAY); THENCE ALONG SAID RIGHT OF WAY NORTH 13°09ʹ55" EAST 39.07 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 13°09ʹ55" EAST 305.65 FEET; THENCE EAST 250.00 FEET; THENCE SOUTH 297.62 FEET; THENCE WEST 319.62 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THE SOUTH 20 FEET THEREOF.
AND
LESS AND EXCEPT THE NORTH 148.81 FEET MEASURED PERPENDICULAR TO THE NORTH BOUNDARY THEREOF.
PARCEL NUMBER: 24728-000-01 & 24728-002-00
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 James P. Hilty Sr.
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2023.
By: __________________________________
Reuben Kent Guinn
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2023-XX
Introduced: Click or tap to enter a date.
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.