Submitted By: Divya Govindaraju
presenter
Presentation By: Tye Chighizola
end
Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
title
Adopt Ordinance 2023-22 to annex certain property located at the northeast corner of the intersection of SW College Road (SR200) and SW 43rd Court, approximately 2.72 acres. (Case # ANX22-45000) (Quasi-Judicial)
end
OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub.
PROOF OF PUBLICATION:
N/A
body
BACKGROUND:
• Applicant: Quattro Development, LLC
• Property Owner: Arthur Sullivan
• This property is contiguous to the city limits.
• Annexation was requested in order to obtain city services.
• Annexation will reduce the size of an enclave.
• Low Intensity land use is proposed.
• An application for rezoning from B-4, Regional Business (County), to B-2, Community Business, is being processed concurrently.
Planning & Zoning Commission recommended approval with a 6-0 vote at their meeting on November 14, 2022.
FINDINGS AND CONCLUSIONS:
The proposed annexation is contiguous to the city limits and reduces the size of an existing enclave. The property 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
• Approve with changes
• Deny
• Table
ORDINANCE 2023-22
AN ORDINANCE ANNEXING TO THE CITY OF OCALA, FLORIDA, CERTAIN PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF SW COLLEGE ROAD (SR200) AND SW 43RD COURT, SECTION 34, 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.
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:
A PORTION OF THE N.E. 1/4 OF SECTION 34, TOWNSHIP 15 SOUTH, RANGE 21 EAST, LYING NORTHWESTERLY OF STATE ROAD 200 (RIGHT OF WAY WIDTH VARIES) AND LYING NORTHEASTERLY OF S.W. 43RD COURT (RIGHT OF WAY WIDTH VARIES), MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE S.W. CORNER OF THE N.E. 1/4 OF SAID SECTION 34; THENCE ALONG THE WEST BOUNDARY OF THE N.E. 1/4 OF SAID SECTION 34, N.00°03'26"E., A DISTANCE OF 545.07 FEET TO THE S.W. CORNER OF PARCEL C, ACCORDING TO THE PLAT OF OCALA PARK COMMONS AS RECORDED IN PLAT BOOK 14, PAGE 20 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA, SAID POINT ALSO BEING THE POINT OF BEGINNING. THENCE DEPARTING THE WEST BOUNDARY OF THE N.E. 1/4 OF SAID SECTION 34, ALONG THE SOUTH BOUNDARY OF SAID PARCEL C, S.89°39'21"E., A DISTANCE OF 269.41 FEET TO THE NORTHERLY MOST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4146, PAGE 1720 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA; THENCE DEPARTING THE SOUTH BOUNDARY OF SAID PARCEL C, ALONG THE NORTHWESTERLY BOUNDARY OF SAID LANDS, S.41°47'47"W., A DISTANCE OF 208.81 FEET TO THE WESTERLY MOST CORNER OF SAID LANDS; THENCE DEPARTING THE NORTHWESTERLY BOUNDARY OF SAID LANDS, ALONG THE SOUTHWESTERLY BOUNDARY OF SAID LANDS, S.48°10'22"E., A DISTANCE OF 390.13 FEET TO THE SOUTHERLY MOST CORNER OF SAID LANDS, SAID POINT ALSO BEING ON THE AFOREMENTIONED NORTHWESTERLY RIGHT OF WAY LINE OF STATE ROAD 200; THENCE DEPARTING THE SOUTHWESTERLY BOUNDARY OF SAID LANDS, ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE, S.41°39'20"W., A DISTANCE OF 140.54 FEET; THENCE CONTINUE ALONG SAID NORTHWESTERLY RIGHT OF WAY, N.86°17'03"W., A DISTANCE OF 115.18 FEET TO A POINT ON THE AFOREMENTIONED NORTHEASTERLY RIGHT OF WAY LINE OF S.W. 43RD COURT; THENCE DEPARTING THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 200, ALONG THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID S.W. 43RD COURT, N.86°17'03"W., A DISTANCE OF 53.22 FEET TO A POINT CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 137.46 FEET, CENTRAL ANGLE OF 82°08'22" AND A CHORD BEARING AND DISTANCE OF N.45°35'33"W., 180.62 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID NORTHEASTERLY RIGHT OF WAY LINE, A DISTANCE OF 197.06 FEET TO THE POINT OF TANGENCY; THENCE CONTINUE ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE, N.04°31'22"W., A DISTANCE OF 386.37 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 2.89 ACRES, MORE OR LESS.
(aka: Parcel # 23896-002-03)
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 __________________, 2022.
By: __________________________________
Reuben Kent Guinn
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2023-22
Introduced: 12/6/2022
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.