Submitted By: Aubrey Hale
Presentation By: Aubrey Hale
Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2022-76 annexing approximately 34.06 acres located at 2300 SW 38th Avenue (Case ANX22-44859) (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: Alfred Joseph Flechas, Jr.
• Property Owner: Alfred Joseph Flechas, Jr.
• This property is contiguous to the city limits.
• Annexation was requested to obtain city services.
• Low Intensity land use is requested. The public hearing regarding the land use change is scheduled for the same agenda as the annexation petition.
• A separate zoning application will be submitted in the coming months.
• Planning & Zoning Commission recommended approval by a vote of 6 to 0 at the July 11, 2022, meeting.
FINDINGS AND CONCLUSIONS:
The proposed annexation is contiguous to the city limits, reduces the size of an existing enclave 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 2022-76
AN ORDINANCE ANNEXING TO THE CITY OF OCALA, FLORIDA, CERTAIN PROPERTIES LOCATED AT 2300 SW 38TH AVENUE, SECTION 22, 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:
THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 15 SOUTH, RANGE 2 I EAST, MARION COUNTY, FLORIDA.
LESS AND EXCEPT
THE SOUTH 300.00 FEET OF THE WEST 861.68 FEET OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST OF THE SAID SOUTHEAST 1/4 OF SECTION 22, THENCE ALONG THE SOUTH BOUNDARY OF SAID SOUTHEAST 1/4 OF SECTION 22, S.89°59'50"E. A DISTANCE OF 25.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF SE 43 COURT (CURRENTLY A NON-MAINTAINED RIGHT OF WAY) AND THE POINT OF BEGINNING; THENCE ALONG THE EASTERLY ROAD RIGHT OF WAY LINE, AND PARALLEL WITH THE WEST BOUNDARY OF SAID SOUTHEAST 1/4 OF SECTION 22, N.00°15'14"E. A DISTANCE OF 300.01 FEET; THENCE, LEAVING SAID RIGHT OF WAY LINE RUN ALONG A LINE THAT IS 300.00 FEET NORTH OF, AS MEASURED PERPENDICULARLY TO THE SOUTH BOUNDARY OF THE SOUTHEAST 1/4 OF SECTION 22, N.89°59'50"E. A DISTANCE OF 836.69 FEET; THENCE, ALONG A LINE 861.69 FEET EAST OF THE WEST BOUNDARY LINE OF SAID SOUTHEAST 1/4 OF SAID SECTION 22, S.00°15'14"W. A DISTANCE OF 300.01 FEET TO THE SOUTH BOUNDARY OF SAID SOUTHEAST 1/4 OF SECTION 22; THENCE, ALONG SAID SOUTH BOUNDARY OF THE SOUTHEAST 1/4 OF SECTION 22, N.89°59'50"W., A DISTANCE OF 836.69 FEET TO THE POINT OF BEGINNING.
AND LESS AND EXCEPT ROAD RIGHT OF WAY AS DESCRIBED IN O.R. BOOK 556, PAGE 460, PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
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: 2022-76
Introduced: 8/2/2022
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.