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File #: 2023-0541   
Type: Ordinance Status: Passed
File created: 2/9/2023 In control: City Council
On agenda: 2/21/2023 Final action: 2/21/2023
Title: Adopt Ordinance 2023-30 to annex property located north of the access road included in the Shops at Foxwood Replat (P.B. 12 Pg. 161), said access road running behind properties addressed 4579 to 4631 NW Blitchton Road; approximately 6.10 acres (ANX22-45042) (Quasi-Judicial)
Introduced By: Ire J. Bethea Sr
Attachments: 1. Staff report, 2. Case Map, 3. Aerial Map, 4. P&Z Minutes ANX22-45042 Shelijen 1-9-23

Submitted By: Endira Madraveren

presenter

Presentation By: Jeff Shrum

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Department: Growth Management

STAFF RECOMMENDATION (Motion Ready):

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Adopt Ordinance 2023-30 to annex property located north of the access road included in the Shops at Foxwood Replat (P.B. 12 Pg. 161), said access road running behind properties addressed 4579 to 4631 NW Blitchton Road; approximately 6.10 acres (ANX22-45042) (Quasi-Judicial)

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OCALA’S RELEVANT STRATEGIC GOALS:

Economic Hub.

PROOF OF PUBLICATION:

N/A

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BACKGROUND:

                     Petitioner: Shelijen, LLC

                     Property Owner: Shelijen, LLC

                     Agent: W. James Gooding III

                     This property is contiguous to City limits.

                     Annexation is being requested to obtain City services.

                     Low-Intensity Land Use and B-2, Community Business zoning are also being requested.

                     Planning & Zoning Commission recommended approval by a vote of 5-0 at the January 9, 2023, meeting.

 

FINDINGS AND CONCLUSIONS:

The proposed annexation is contiguous and 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 2023-30

 

AN ORDINANCE ANNEXING TO THE CITY OF OCALA, FLORIDA, CERTAIN PROPERTY NORTH OF THE ACCESS ROAD INCLUDED IN THE SHOPS AT FOXWOOD REPLAT (P.B. 12 PG. 161), SAID ACCESS ROAD RUNNING BEHIND PROPERTIES ADDRESSED 4579 TO 4631 NW BLITCHTON ROAD, SECTION 3, 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.

 

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:

LOT 2, FOXWOOD III, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGE(S) 197 THROUGH 198, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGIN AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE ALONG THE EAST, SOUTH, WEST AND NORTH BOUNDARIES THE FOLLOWING TWELVE (12) COURSES: (1) S.00°28'52"W., 473.48 FEET; (2) THENCE S.00°28'40"W., 7.94 FEET; (3) THENCE N.89°31'20"W., 192.61 FEET; (4) THENCE N.61°52'28"W., 14.00 FEET; (5) THENCE S.28°07'32"W., 122.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 33.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD BEARING AND DISTANCE OF S.73°07'32"W., 46.67 FEET; (6) THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 51.84 FEET TO A POINT OF TANGENCY; (7) THENCE N.61°52'28"W., 279.98 FEET; (8) THENCE N.28°23'29"E., 322.98 FEET; (9) THENCE N.16°58'01"W., 25.77 FEET; (10) THENCE N.71°00'51"W., 255.77 FEET; (11) THENCE N.00°18'01"W., 70.37 FEET; (12) THENCE N.90°00'00"E., 654.25 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 6.10 ACRES, MORE OR LESS.

 

(aka: Parcel # 21509-001-02)

 

                     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:                                           2023-30

Introduced:                                           2/7/2023

Adopted:                                           Click or tap to enter a date.

Legal Ad No:                                           Click or tap here to enter text.