Submitted By: Aubrey Hale
presenter
Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2022-79 annexing property located at 221 NE 35th Street (Parcel # 15464-005-00) and the parcel (Parcel # 15493-000-00) directly to the north, approximately 40 acres (Case ANX22-44799) (Quasi-Judicial)
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Economic Hub
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
• Petitioner: CHAP, LLC and Charles H. Albiol
• Property Owner: CHAP, LLC and Charles H. Albiol
• This property is contiguous to the city limits.
• Annexation was requested to obtain city services.
• It is the applicant’s intent to develop this property as multi-family residential along with the property to the east which is under the same ownership.
• Neighborhood land use and R-3 Multi-Family Residential zoning are requested. The public hearings on those requests are scheduled for the same City Council agenda.
• Planning & Zoning Commission recommended approval by a vote of 5 to 1.
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, Robert W. Batsel, Jr.
ALTERNATIVE:
• Approve
• Deny
• Table
ORDINANCE 2022-79
AN ORDINANCE ANNEXING TO THE CITY OF OCALA, FLORIDA, CERTAIN PROPERTIES LOCATED AT 221 NE 35TH STREET AND THE PARCEL DIRECTLY TO THE NORTH (PARCELS# 15464-005-00 AND 15493-000-00), IN SECTION 32, TOWNSHIP 14 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.
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:
THAT PART OF THE FOLLOWING DESCRIBED PROPERTY LYING SOUTH OF COUNTY ROAD 2.5-N AKA NE 42ND STREET; THE WEST ½ OF THE SW ¼ OF THE NW ¼, EXCEPT THE WEST 222 FEET OF THE EAST 680 FEET OF THE SOUTH 198 FEET THEREOF; AND THE WEST ½ OF THE NW ¼ OF THE SW ¼, ALL IN SECTION 32, TOWNSHIP 14 SOUTH, RANGE 22 EAST, PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
(PARCEL ID NUMBER: 15493-000-00)
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THE WEST 777.14 FEET OF THE SW ¼ OF THE SW ¼ OF SECTION 32, TOWNSHIP 14 SOUTH, RANGE 22 EAST, LYING EAST OF RAILROAD RIGHT-OF-WAY AND NORTH OF NE ¼ OF 35TH STREET; ALL LYING IN SECTION 32, TOWNSHIP 14 SOUTH, RANGE 22 EAST, AND BEING IN MARION COUNTY, FLORIDA.
(PARCEL ID NUMBER: 15464-005-00)
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: 2022-79
Introduced: 8/2/2022
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.