Submitted By: Divya Govindaraju
presenter
Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Adopt Ordinance 2022-28 to annex approximately 9.23 acres located between SW 44th Avenue and SW 46th Avenue in the 400 block (430 SW 44th Avenue) (Case ANX22-44640).
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub
PROOF OF PUBLICATION:
3/4/22 - 6972371
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BACKGROUND:
• Petitioner: Whitley Capital LLC
• Property Owner: Harney Fred B Appreciation Trust
• Agent: Fred N. Roberts, Jr., Esq.
• This property is contiguous to the city limits.
• Annexation was requested to obtain city services.
• Annexation will reduce the size of an existing enclave.
• A warehouse/distribution center is proposed. A site plan has not been submitted.
• EC, Employment Center land use and M-2, Medium Industrial zoning are requested. Those requests will be considered on the same agenda as the annexation.
• The Ocala Planning & Zoning Commission recommended approval by a 7 to 0 vote during their February 14, 2022 meeting.
FINDINGS AND CONCLUSIONS:
The proposed annexation is contiguous to the city limits and is eligible for annexation.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: This ordinance is pending review by the City Attorney, Robert W. Batsel Jr.
ALTERNATIVE:
• Approve
• Deny
• Table
SUPPORT MATERIALS:
• Case Map
• Case Aerial
ORDINANCE 2022-28
AN ORDINANCE ANNEXING TO THE CITY OF OCALA, FLORIDA, CERTAIN PROPERTY LOCATED BETWEEN SW 44TH AVE AND SW 46TH AVE IN THE 400 BLOCK (430 SW 44TH AVE), SECTION 15, 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:
COMMENCE AT THE SOUTHEAST CORNER OF THE SW 1/4 OF SECTION 15, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MARION COUNTY, FLORIDA; THENCE RUN NORTH 89°32'55" WEST, ALONG THE SOUTH BOUNDARY OF SAID SECTION 15, FOR A DISTANCE OF 1320.81 FEET; THENCE RUN NORTH 00°28'36" EAST, ALONG THE WEST BOUNDARY OF THE EAST 1/2 OF THE SW 1/4 OF SAID SECTION 15, FOR A DISTANCE OF 995.51 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG SAID LINE, FOR A DISTANCE OF 331.84 FEET; THENCE RUN SOUTH 89°39'56" EAST, ALONG THE NORTH BOUNDARY OF THE SOUTH 1/2 OF THE SW 1/4 OF SAID SECTION 15, FOR A DISTANCE OF 100.00 FEET; THENCE SOUTH 00°28'36" WEST, FOR A DISTANCE OF 331.89 FEET; THENCE RUN NORTH 89°38'11" WEST ALONG THE SOUTH BOUNDARY OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SE 1/4 OF THE SW 1/4 OF THE SAID SECTION FOR A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING.
(aka: 22863-000-00)
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: 2022-28
Introduced: 3/1/2022
Adopted: 3/15/2022
Legal Ad No: 3/4/22 - 6972371