Submitted By: Emily W. Johnson, AICP
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Presentation By: Aubrey Hale
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2024-57 to annex approximately 5.86 acres for property located at 4040 W Silver Springs Boulevard (Parcel 22866-000-02), along with the parcel located directly to the south (Parcel 22866-000-03) (Case ANX24-45690) (Quasi-Judicial) - Previously postponed from the September 17, 2024, and November 05, 2024, City Council meetings
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Economic Hub
PROOF OF PUBLICATION:
Ocala Gazette - September 6 and 13, 2024 - Notice ID vBjAuAmzI9DlqPktoGUD
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BACKGROUND:
• Petitioner: B I Realty, LLC & Racetrac, Inc.
• Property Owner: B I Realty, LLC
• Agent: Robert W. Batsel, Jr. Esq., Gooding & Batsel, PLLC
The petitioner is requesting the annexation of two currently vacant parcels of land into the city. The northern parcel was previously developed with a motel, and the applicant has indicated the intent to redevelop the site with a self-service gasoline station/convenience store.
The subject properties are contiguous to city limits to the east and are currently part of an existing enclave. The annexation of the properties will reduce the acreage of this enclave. Additionally, staff analysis indicates that adequate public facilities exist to serve the properties.
The subject properties are adjacent to a proposed city road realignment. This road realignment is currently in the design phase and includes realignment and intersection improvements for SW 38th Avenue, SW Third Street, and SW 40th Avenue. To facilitate the project, Marion County is transferring ownership and maintenance of the abutting roadways to the city.
The petitioner has also submitted concurrent applications for a land use change to Low Intensity (Case: LUC24-45691) and rezoning to B-2, Community Business (Case: ZON24-45692).
The Planning and Zoning Commission recommended approval by a vote of four to zero on August 12, 2024. During the meeting, the board inquired about the number of gas pumps and the location of the traffic light. The petitioner provided a conceptual plan and explained that the signalized intersection would align with NW 40th Avenue at State Road 40. The project will consist of five high-powered diesel pumps with one-way access and approximately 16 standard gasoline pumps. A discussion ensued following public comments on the potential environmental and property value impact, project timeline, and provision of access to the property owners along SW 41st Avenue.
FINDINGS AND CONCLUSIONS: The proposed annexation satisfies the statutory requirements for annexation and will reduce the acreage of an existing enclave. Adequate public facilities exist to service the subject properties. The annexation request will not adversely affect the community’s health, safety, convenience, prosperity, or general welfare.
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
SUPPORT MATERIALS:
• Staff Report
• Case Map
• Aerial Map
ORDINANCE 2024-57
AN ORDINANCE ANNEXING TO THE CITY OF OCALA, FLORIDA CERTAIN PROPERTY LOCATED AT 4040 W SILVER SPRINGS BOULEVARD (PARCEL # 22866-000-02), ALONG WITH THE PARCEL LOCATED DIRECTLY TO THE SOUTH, (PARCEL # 22866-000-03), APPROXIMATELY 5.86 ACRES (ANX24-45690), MARION COUNTY, FLORIDA, PURSUANT TO CHAPTER 171, FLORIDA STATUTES, PROVIDING FOR TERMS AND CONDITIONS OF SAID ANNEXATION, DESCRIBING THE AREA TO BE ANNEXED; PROVIDING DIRECTION TO STAFF; REPEALING INCONSISTENT AND/OR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY OF ORDINANCE PROVISIONS; PROVIDING FOR MODIFICATIONS ARISING FROM CONSIDERATION AT A PUBLIC HEARING; PROVIDING DIRECTION TO THE CODIFIER; 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 in below:
PER TITLE COMMITMENT FILE NO. CM249126, ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, ISSUING AGENT: RONDA ALLEY, CLC, FOR DEL LAGO VENTURES, INC., A GEORGIA CORPORATION BEARING AN COMMITMENT DATE OF MARCH 8, 2024.
PARCEL 1)
ALL THOSE CERTAIN LOTS, PIECES OR PARCELS OF LAND, SITUATED, LYING AND BEING IN THE COUNTY OF MARION AND STATE OF FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NE 1/4 OF THE SE 1/4 OF SECTION 15, TOWNSHIP 15 SOUTH, RANGE 21 EAST THENCE S 0°14'40" W 68.58 FEET TO THE SOUTH RIGHT OF WAY LINE OF STATE HIGHWAY NO. 40 AND TO THE POINT OF BEGINNING; THENCE RUN EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 40 A DISTANCE OF 365.05 FEET; THENCE S 0°09'40" W 622 FEET; THENCE WEST AND PARALLEL WITH THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 40 A DISTANCE OF 365.05 FEET TO THE WEST BOUNDARY OF THE NE 1/4 OF THE SE 1/4 OF SECTION 15, TOWNSHIP 15 SOUTH, RANGE 21 EAST; THENCE NORTH ALONG SAID WEST BOUNDARY 622 FEET, MORE OR LESS, TO THE POINT OR PLACE OF BEGINNING.
TOGETHER WITH AN EASEMENT AGREEMENT SHOWN IN O.R. BOOK 787, PAGE 691, AS MODIFIED BY AGREEMENT RECORDED IN O.R. BOOK 1911, PAGE 1917 AND RELEASES RECORDED IN O.R. BOOK 1911, PAGE 1919 AND 1920, PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
LESS:
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 15, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA; THENCE RUN SOUTH 0°14'40" WEST FOR A DISTANCE OF 68.58 FEET TO THE POINT OF BEGINNING, SAID POINT LYING ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 40 (107.50 FEET W/OE); THENCE CONTINUE TO RUN SOUTH 0°14'40" WEST, ALONG THE WEST BOUNDARY OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION, FOR A DISTANCE OF 622.00 FEET, TO A POINT; THENCE RUN EAST FOR A DISTANCE OF 30.00 FEET, TO A POINT; THENCE RUN NORTH 0°14'40" EAST, FOR A DISTANCE OF 622.00 FEET TO A POINT; THENCE RUN WEST, FOR A DISTANCE OF 30.00 FEET, TO THE POINT OF BEGINNING.
ALSO LESS:
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 15, TOWNSHIP 15 SOUTH, RANGE 21 EAST, IN MARION COUNTY, FLORIDA; THENCE RUN SOUTH 0°14'40" WEST ALONG THE WEST BOUNDARY OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION, FOR A DISTANCE OF 68.58 FEET, TO A POINT LYING ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 40 (107.50 FEET WIDE); THENCE CONTINUE TO RUN SOUTH 0°14'40" WEST, FOR A DISTANCE OF 242.04 FEET, TO A POINT; THENCE CONTINUE TO RUN SOUTH 89°45'20" EAST, FOR A DISTANCE OF 30.00 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE TO RUN SOUTH 89°45'20" EAST, FOR A DISTANCE OF 50.00 FEET, TO A POINT; THENCE RUN SOUTH 0°14'40" WEST, FOR A DISTANCE OF 50.00 FEET, TO A POINT; THENCE RUN NORTH 89°45'20" WEST FOR A DISTANCE 50.00 FEET TO A POINT THENCE RUN NORTH 0°14'40" EAST FOR A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING.
PARCEL 2)
COMMENCING 68.58 FEET SOUTH OF THE NW CORNER OF THE NE 1/4 OF THE SE 1/4 OF SECTION 15, TOWNSHIP 15 S., RANGE 21 E., THENCE SOUTH 622 FEET TO THE POINT OF BEGINNING; THENCE EAST 365.05 FEET, SOUTH 140 FEET, WEST 365.05 FEET, NORTH 140 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THAT PORTION DEEDED TO THE CITY OF OCALA AT O.R. BOOK 1858, PAGE 999 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
Section 2. Direction to Staff. The City Council of the City of Ocala, Florida directs staff to take any and all steps necessary to effectuate the adoption and implementation of this ordinance; and all other matters as provided for above and herein as well as to ensure the orderly and effective administration and implementation of the intent of this ordinance and the specific matters outlined herein.
Section 3. Repealing Inconsistent and/or Conflicting Provisions. The City Council of the City of Ocala, Florida hereby specifically repeals, to the extent of any such conflict, any and all ordinances, resolutions, policies, procedures, and/or other articles which are conflicting and/or inconsistent with this ordinance and the intent and direction provided by the City Council herein.
Section 4. Severability of Ordinance Provisions. If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, it is the intent of the City Council of the City of Ocala, Florida that (1) such portion shall be deemed a separate, distinct and independent provision; (2) such holding shall not affect the validity of the remaining portions hereof; and (3) this ordinance be adopted as though any such provision was not included herein.
Section 5. Modifications Arising from Consideration at a Public Hearing. It is the intention of the City Council of the City of Ocala, Florida that (1) the provisions of this ordinance may be modified as a result of its consideration by the City Council of matters that may arise during the public hearing(s) at which this ordinance is considered; and (2) any such modifications shall be incorporated into the final version of this ordinance.
Section 6. Direction to the Codifier. It is the intention of the City Council of the City of Ocala, Florida that (1) the property described in Section 1 of this ordinance be annexed; (2) the sections and paragraphs of this ordinance may be renumbered or relettered in order to accomplish said intention; (3) terms or headings not affecting the intent of this ordinance may be changed to further accomplish said intention; and (4) any scrivener’s error(s) contained herein which do not affect the intent of this ordinance be corrected with the authorization of the City Manager or their designee and without the need for additional public hearings or consideration by City Council.
Section 7. This ordinance shall become effective upon approval by the mayor, or upon becoming law without such approval.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Barry Mansfield
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2024.
By: __________________________________
Ben Marciano
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2024-57
Introduced: 8/27/2024
Adopted: Click or tap to enter a date.
Legal Ad No: Ocala Gazette - September 6 and 13, 2024 - Notice ID vBjAuAmzI9DlqPktoGUD