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HomeMy WebLinkAboutItem 07 First Reading of Ordinances for West Orange Surgery Center – Annexation & Rezoning to Planned Unit Development (PUD); Project Nos.: AX-10-21-22 & RZ-21-10-30Ocoee fiorida AGENDA ITEM COVER SHEET Meeting Date: January 4, 2022 Item #: ®`I Reviewed By. - Contact Name: Anoch Whitfield, Zoning Department Director: Manager Contact Number: 407-554-7079 City Manager: Michael Rumer Subject: West Orange Surgery Center— 3422 & 3432 Old Winter Garden Road Annexation and Rezoning from County A-1 to City PUD Project No(s): AX-10-21-22 & RZ-21-10-30 Commission District # 2 — Rosemary Wilsen Background Summary: Owners: 12460 Brantley Commons Holdings, LLC Applicant: Quang Lam (dba Lam Civil Engineering, Inc.) Site Location: The subject properties are located at 3422 and 3432 Old Winter Garden Road in the southeast corner of the Blackwood Avenue and Old Winter Garden Road intersection. The site is located within the City of Ocoee -Orange County Joint Planning Area (JPA). Parcel Identification Number(s): The project site consists of two (2) parcels: 29-22-28-0000-00-030 and 29-22- 28-0000-00-029. Property Size: +/- 1.27 acres Existing Future Land Use: Professional Offices and Services (P-S) per the JPA Future Land Use Map as amended in December 2019. Development intensity is permitted at a floor area ratio (FAR) of up to 3.0 (maximum .of 55,321 SF, proposed 11,500 SF). Existing Zoning: Orange County A-1 (Citrus Rural District) Actual land use, proposed land use and unique features of the subiect property: Currently, each parcel contains an unoccupied single-family dwelling, and the applicant proposes to develop the properties for a surgery center. The properties are located in close proximity to the Orlando Health Hospital north of Old Winter Garden Road and adjacent to the recently approved West Orange Medical Center on the east. The current future land use designation and proposed zoning classification of the subject properties are as follows: CURRENT PROPOSED Jurisdiction / FLU / Zoning Classification Professional Offices & Services FLU / Orange County A-1 (Citrus Rural District) Zoning City of Ocoee PUD (Planned Unit Development) Zoning The current future land use designations and zoning classifications of the surrounding properties are as follows: DIRECTION FUTURE LAND USE ZONING CLASSIFICATION EXISTING LAND USE North City / Institutional City / C-2 Orlando Health Hospital East City / Professional Offices & Services PUD (WO Medical Center) Vacant South County / Low Density , Residential County / A-1 (Citrus Rural) Single-family dwelling West City / High Density Residential City / R-3 (Multi -family Dwelling) Apartment complex Proposed Land Use Plan: The applicant is proposing to annex the properties into the City and rezone them from County A-1 to PUD in order to develop an 11,500 SF surgery center. As provided in the proposed Land Use Plan, the applicant is requesting the below development standards: • Building Setbacks: o Front — Old Winter Garden Road: 15 feet o Front — Blackwood Avenue: 10 feet o Side: 10 feet o Rear: 25 feet • Building Height: 35 feet • Maximum FAR: 0.50 • Maximum Impervious Surface Area: 70% • Parking Ratio: 1 space per 250 SF (required: 46 spaces, provided: 56 spaces) Right-of-way landscape buffers will be provided along the front (Old Winter Garden Road and Blackwood Avenue) property lines. The rear (south) side of the site abuts a residential use; therefore, a minor 15-foot landscape buffer will be required along the rear property line. The rear landscape buffer will be supplemented by either a wall or a fence per Future Land Use Element Policy 7.1. The requirement for providing landscaping between parcels (along the east property line) is modified to achieve improved access and internal circulation as further discussed below. Access and Circulation: Section 6-14C(1)(e), LDC, requires that individual projects be coordinated to ensure safety and to plan for shared access and cross access in order to limit the number of access points, provide more route options and minimize congestion on local roads. The property/development immediately east of this site is the approved West Orange (WO) Medical Center PUD (approved in 2020). The WO Medical Center PUD was approved for two (2) one-story buildings and one (1) two-story building totaling 14,646 SF of medical uses (with each building having a footprint of less than 4,000 SF). Access to the WO Medical Center is from Old Winter Garden Road via a limited access (right-in/right-out) driveway because of the existing median. At the time the WO Medical Center PUD was under review, the properties immediately west of it (which are the subject of this annexation/rezoning) were single-family residential; therefore, the WO Medical Center was required to provide a landscape buffer along its west property boundary to protect those residential uses. However, since that time, those residential properties have been purchased and are proposed for annexation and rezoning to PUD for development as a surgery center (another medical use), and the WO Medical Center is proposing to amend the PUD to develop as a single one-story 11,000 SF building and shift its parking and access 2 driveway. Because this WO Surgery Center PUD, rezoning and the WO Medical Center PUD amendment are occurring nearly concurrently and the uses are compatible, there is no longer a need for the 10-ft landscape buffer between the two (2) developments, and staff is working with both applicants to develop Land Use Plans that create a coordinated and cohesive medical use development in this corner of the intersection, particularly in terms of shared access and internal circulation. The approved WO Medical Center PUD only has --a limited access, right-in/right-out driveway, which requires customers to exit the site eastbound along Old Winter Garden Road and make a U-turn at Division Avenue, which is an unsignalized intersection, in order to travel west. A shared driveway and cross access easement between the proposed WO Surgery Center and the currently approved WO Medical Center would limit the number of access points onto Old Winter Garden Road and create an opportunity for westbound travel for WO Medical Center customers via egress onto Blackwood Avenue. Staff is also requesting vehicular interconnectivity along the northern and southern drive aisles between both sites in order to provide better internal circulation. For this WO Surgery Center site, providing the northern vehicular connection would eliminate the need for customers to make 3-point turns in the drive aisle if there are no spaces available. Utilities: Water, sanitary sewer and reclaim services are available to the properties. There is a 12-inch water main on. the north side of Old Winter.Garden Road, and an 8-'inch water main on the west side of Blackwood Avenue. There is a 6-inch reclaim main on the south side of Old Winter Garden Road. Based on Utilities preliminary review, the closest point of connection for sewer is the manhole at the intersection of Blackwood Avenue and Seminole Street, south of this site. A coordinated development could allow the sewer connections to run along the south sides of both properties to connect southward to the manhole at Blackwood Avenue and Seminole Street. Sewer flows and additional coordination are needed between this applicant, the applicant for the adjacent WO Medical Center PUD and the City to determine where the sanitary sewer connections will be routed. Transportation / Traffic: The proposed PUD accesses Old Winter Garden Road via a right-in/right-out driveway and Blackwood Avenue via a full access driveway. Old Winter Garden Road has one (1) failing segment (from Maguire Road to Bluford Avenue) based on average annual daily trips (AADT) and four (4) failing segments (from Maguire Road to Citrus Oaks Avenue) based on PM Peak Hour Trips. Because Old Winter Garden Road is currently a 4-lane divided roadway, there are currently no plans to widening it. Since these are existing transportation deficiencies, State law does not allow a local government to require the applicant to mitigate the deficiency. However, the City will require a traffic operations analysis at the time of site plan review to determine whether operational improvements can be made to alleviate traffic demands. Schools: The Future Land Use Designation of the subject properties is Professional Offices and Services. As this is an annexation and rezoning to a commercial PUD, which does not involve a change to the Future Land Use Map designation, there are no anticipated impacts to schools. Public Safety: There are two (2) Ocoee fire stations near this site. Fire Station # 25 is 1.5 miles from the site, and Fire Station # 39 is 1.8 miles from the site. The estimated response time is less than five (5) minutes. The Ocoee Police Department is located approximately one-half mile from the site, with an estimated response time of three (3) minutes. Drainage: Stormwater management will be provided through a combination of surface retention and exfiltration. The approval of the PUD does not designate stormwater requirements, which will be further evaluated during site plan review. Recreation and Open Space: No impacts on recreation facilities are anticipated. PUDs are required to provide a minimum of twenty (20) percent open space. The proposed PUD proposes a minimum of thirty (30) percent open space. Special Districts: The site is located just outside of the Wekiva Study Area and does not contain any of the 3 protected features. Please See the West Oranae Suraery Center Annexation and Rezonina Justification document. Staff supports the proposed development standards in the West Orange Surgery Center Land Use Plan so long as the Land Use Plan reflects a shared driveway and vehicular interconnectivity in the northern and southern drive aisles, via cross -access easements, for efficient circulation between the West Orange Surgery Center and West Orange Medical Center. Issue: Should the Honorable Mayor and City Commission approve ordinances for the Annexation and Rezoning to PUD (Planned Unit Development) for the West Orange Surgery Center? Development Review Committee Recommendation: The Development Review Committee (DRC) met on Tuesday, December 7, 2021, to review the proposed annexation and rezoning from Orange County A-1 (Citrus Rural District) to City PUD (Planned Unit Development District) for two (2) properties located at 3422 and 3432 Old Winter Garden Road, assigned parcel ID numbers 29-22-28-0000-00-030 and 29-22-28-0000-00-029. Following discussions about the shared driveway, vehicular internal connectivity and utilities, the DRC recommended approval for both items subject to the following conditions. 1. The applicant shall work with staff and the applicants of the West Orange Medical Center to develop a plan that reflects a shared driveway and vehicular connections along the north and south drive aisles, 2. Resolution of utilities, specifically sewer connections, issues. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission met on December 14, 2021, and reviewed the proposed Annexation and Rezoning. The Planning and Zoning Commission (PZC) raised questions about the timing of the two projects, timing of when the shared/cross access easement will need to be recorded, ownership/relationship between the surgery center site and medical center site, and buffer requirements. Following the discussion, the PZC, acting as the Local Planning Agency, recommended approval of the annexation and rezoning from County A-1 to City PUD for the West Orange Surgery Center, located at 3422 and 3432 Old Winter Garden Road, assigned numbers 29-22-28-0000-00-030 and 29-22-28-0000-00-029, subject to the conditions recommended by staff as follows: 1. The applicant shall continue to work with staff and the applicants of the West Orange Medical Center to develop a Land Use Plan that includes a shared driveway and vehicular connections along the north and south drive aisles, and 2. Resolution of utility issues, specifically sewer connections. Recommendations: Based on the above analysis and the subsequent DRC and Planning and Zoning Commission recommendations, staff recommends that the City Commission approve the ordinances for Annexation and Rezoning from County A-1 to City PUD (Planned Unit Development) for the West Orange Surgery, subject to the conditions recommended by the DRC and PZC. Attachments: Location Map Aerial Map 4 Future Land Use Map Zoning Map Annexation Feasibility Analysis Proposed West Orange Surgery Center LUP Conceptual Coordinated West Orange Surgery Center/Medical Center LUP Annexation Ordinance Rezoning Ordinance Financial Impact: No financial impacts anticipated at this time. Type of Item: (please mark with an x ) ❑ Public Hearing Z Ordinance First Reading ❑ Ordinance Second Reading ❑ Resolution ❑ Commission Approval ❑ Discussion & Direction ❑ Original Document/Contract Attached for Execution by City Clerk ❑ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by For Clerk's Dept Use: ❑ Consent Agenda ❑ Public Hearing ❑ Regular Agenda 5 West Orange Surgery Center Location Map 1;b1d lAfmw%t *-�Gawrddeenn R dJ c o e 0 AKE LILLY � 0 o 0 0 in ollel S tre ii t er 11 treet West Orange Surgical Center PUD Surrounding Future Land Use Map N&O L,N-J 0 115 230 Development S ervi ces Department 460 ■ Feet Created: D ece m be r 20 21 QSubjectPrope rty Future Land Use Classification: Low Density Residential (LDR) Medium Density Residential (MDR) = High Density Residential (HDR) Professional Offices and Services (PS Commercial (COMM) Lightlndustrial (LI) Heavy Industrial (HI) Conservation/Floodplains (CONS) Recreation and Open Space (REC) Public Facilities/Institutional (INST) BEN. COMM i INST PS West Orange Surgery Center PUD Surrounding Zoning Map Development S ervi ces Department 0 105 210 420 Feet Created: De cem be r 2 021 QSubjectProperty Zoning Classification: General Agricultural (A-1) = Suburban (A-2) Single -Family Dwelling (R-1AAA) Single -Family Dwelling (R-1AA) Single -Family Dwelling (R-1A) Single -Family Dwelling (R-1) One- & Two -Family Dwelling (R-2) Multiple -Family Dwelling (R-3) Mobile Home Subdivision (RT-1) Professional Offices & Services (P-S) Neighborhood Shopping (C-1) Community Commercial(C-2) General Commercial (C-3) Restricted Manufacturing & Warehousing (1-1) General Industrial (1-2) Commercial (PUD) Low Density (PUD) Medium Density (PUD) =High Density (PUD) Public Use (PUD) %// Unclassified CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AX-10-21-22 & RZ-21-10-30 APPLICANT NAME: Quang Lam (dba Lam Civil Engineering, Inc.) PROJECT NAME: WEST ORANGE SURGERY CENTER This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual properties. Each department's findings are summarized below. I. PLANNING DEPARTMENT Anoch Whitfield, Zoning Manager A. Applicant/owner 1. Owner (if different from Applicant): 12460 Brantley Commons Holdings, LLC 8 C. . Property Location 1. General Location: The property is generally located in the southeast corner of the Blackwood Avenue and Old Winter Garden Road intersection. 2. Parcel Identification Number: 29-22-28-0000-00-030 and 29-22-28-0000-00-029 3. Street Addresses: To be determined 4. Size of Parcels: 1.27 acres (2 parcels) Use Characteristics 1. Existing Use: Unoccupied single-family dwellings on each lot 2. Proposed use: Surgery center 3. Density/ Intensity: .5 FAR 4. Projected Population: N/A D. Zoning and Land Use 1. Orange County Future Land Use: Professional Offices and Services per JPA FLUM 2. Orange County Zoning: A-1 3. Existing Ocoee Future Land Use: Professional Offices and Services per JPA FLUM 4. Proposed Ocoee Zoning: PUD E. Consistenc 1. Joint Planning Area: Yes 2. Comprehensive Plan: Yes Fm- FIRE DEPARTMENT 1. Estimated Response Time: +/- 5 minutes 2. Distance to Property: Distance from Station # 25 is 1.5 miles; distance from Station # 39 is 1.8 miles 3. Fire Flow Requirements: TBD POLICE DEPARTMENT 1. Police Patrol Zone / Grid / Area: 2. Estimated Response Time: Less than 3 minutes from OPD Police Station 3. Distance to Property: 0.5 miles from OPD Police Station 3. Average Travel Time +/- 3 minutes Page 1 of 3 IV. Applicant Name: Quang Lam, Lam Civil Engineering, Inc. Project Name: West Orange Surgery Center Annexation & Rezoning Case #: AX-10-21-22 & RZ-21-10-30 ECONOMIC VALUE Anoch Whitfield, Zoning Manager 1. Property Appraiser Market Value: $234,298 (as residential use in County) 2. Property Appraiser Taxable Value $234;298 (as residential use in County) 3. Estimated City Ad Valorem Taxes: TBD 4. Anticipated Licenses & Permits: TBD 5. Potential Impact Fees: TBD 6. Total Project Revenues: TBD V. BUILDING DEPARTMENT 1. Within the 100-vear Flood Plain: I No VI. UTILITIES Jennifer Bolling, Engineering Manager A. Potable Water 1. In Ocoee Service Area: 2. City Capable of Serving Area: 3. Extension Needed: 4. Location and Size of Nearest Water Main: C B. sanitary Sewer 1. In Ocoee Service Area: 2. City Capable of Serving Area: 3. Extension Needed: 4. Location and Size of Nearest Force Main: 5. Annexation Agreement Needed: . Other 1. UtilityEasement Needed: 2. Private Lift Station Needed: 3. Well Protection Area Needed: VII. TRANSPORTATION Anoch Whitfield, Zoning Manager 1. Paved Access: Yes 2. ROW Dedication: No 3. Traffic Study: Not required at this time for annexation/rezoning 4. Traffic Analysis Zone: Page 2 of 3 Applicant Name: Quang Lam, Lam Civil Engineering, Inc. Project Name: West Orange Surgery Center Annexation & Rezoning Case M AX-10-21-22 & RZ-21-10-30 VIll. PRELIMINARY CONCURRENCY EVALUATION AADT: 1 failing segment; PM Peak: 4 failing segments along Old Winter Garden Road (4-lane divided); operational analysis will be required at site A. Transportation: plan review B. Parks / Recreation: Not applicable as the proposed use is non-residential Water and reclaimed water mains are available to service this site along Old Winter Garden Road and Blackwood Avenue; however, the closest point of connection for sewer is the manhole at the intersection of Blackwood Avenue and Seminole Street, approximately 950 feet south. Sewer flows and C. Water / Sewer: connections still need to be evaluated and resolved. To be provided through a combination of surface retention and underground D. Stormwater: exfiltration system E. Solid Waste: At this time, adequate solid waste capacity exists. F. Impact Fees: TBD at time of building permit IX. SITE SPECIFIC ISSUES All Departments X. CONSISTENCY WITH STATE ANNEXATION REGULATIONS Anoch Whitfield, Zoning Manager The properties to be annexed border the City Limits on their west and east sides; therefore, the annexation of these properties will eliminate a gap between the city boundaries. No part of the area to be annexed is included within the boundary of another municipality, and the properties are being annexed will be developed for urban purposes. Therefore, this annexation is consistent with CH. 171.043(1) & (2), Florida Statutes. Page 3 of 3 IX. SITE SPECIFIC ISSUES All Departments X. CONSISTENCY WITH STATE ANNEXATION REGULATIONS Anoch Whitfield, Zoning Manager The properties to be annexed border the City Limits on their west and east sides; therefore, the annexation of these properties will eliminate a gap between the city boundaries. No part of the area to be annexed is included within the boundary of another municipality, and the properties are being annexed will be developed for urban purposes. Therefore, this annexation is consistent with CH. 171.043(1) & (2), Florida Statutes. Page 3 of 3 19, 6,0' CONC. SIDEWALK- 10.0' SIDE STRI BLD SETBAC 6'x16' GENERATOR — PAD 12'x16' CHILLER - YARD TRANSFORMER PAD— PRIVATE LIFT STATION- — f, I GRAPHIC SCALE 0 20' 40' !J w i i SITE DATA PARCEL ID 29-22-28-0000--00-030 AND 029 10.0' SIDE ADDRESS: 3422 AND 3432 OLD WINTER GARDEN RD, FL 34734 BLD SETBACK 1. EXISTING ZONE: A-1 (OC) PROPOSED ZONE: COMM, PUD (OCOEE) 2. FUTURE LAND USE: LID (OC) PROPOSED FLU: PS (OCOEE) 3. PROJECT AREA 1.27 ACRE 4. MAXIMUM HEIGHT 35FT 5. MAXIMUM FLOOR AREA RATIO (F.A.R.) 0.50 6, MAXIMUM ALLOWABLE IMPERVIOUS SURFACE AREA 70% (0.89AC) 7. BUILDING SETBACK i I REQUIRED PROVIDED FRONT N/A 15' SIDES 10' 71' I SIDE STREET 10' 11' REAR 25' 143' 7. PROPOSE USES - MEDICAL OFFICE (11,500 SQ FEET) 8. PROPOSE MINIMUM 1 PARKING SPACE PER 250 SQ FT GROSS 9. TOTAL PROVIDED PARKING SPACES 51. 10, SITE DESIGN TO MEET CITY OF OCOEE ENGINEERING STANDARDS MANUAL, LAND DEVELOPMENT CODE, AND CITY DETAILS, THE MOST STRINGENT STANDARDS BETWEEN THE CITY STANDARDS AND THE ENGINEER OF RECORD SHOULD BE FOLLOWED. 1320 W PINE STREET WEST ORANGE SURGERY CENTER COMMENT PROJECT No. 2021.999.24 FIGURE No. ORLANDO, FL 32805 I/A59 DATE: 12-03-21 PHONE: 407 254-0040 DESIGNED BY; LCE ( ) Civil Engineering, Inc. LAND USE PLAN DRAWN BY: JTV CELL: (407) 234-8944 CERTIFICATE OF AUTHORIZATION No. 27340 CHECKED BY: QTL ORDINANCE NO.2022- (Annexation Ordinance for 3422 & 3432 Old Winter Garden Rd —West Orange Surgery Center) TAX PARCEL ID: 29-22-28-0000-00-030 and 29-22-28-0000-00-029 CASE NO. AX-10-21-22: 3422 & 3432 Old Winter Garden Rd —West Orange Surgery Center Annexation AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.27 ACRES LOCATED IN THE SOUTHEAST CORNER OF THE INTERSECTION OF OLD WINTER GARDEN ROAD AND BLACKWOOD AVENUE, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain real properties located in unincorporated Orange County, Florida, as hereinafter described, has petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex approximately 1.27 acres of property, as more particularly described in Exhibit "A" attached hereto, into the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said petition bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida; and WHEREAS,notice of the proposed annexation has been published pursuant to the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E)of Article V of the Land Development Code of the City of Ocoee (the"Code"); and WHEREAS, on December 14, 2021,the Planning and Zoning Commission of the City of Ocoee, Florida, reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, and to be in the best interest of the City of Ocoee and has recommended to the Ocoee City Commission that it approve said annexation petition; and WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044, Florida Statutes,to annex said real property into its corporate limits upon petition of the owners of said real property; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of the City of Ocoee, Florida, to include said real property. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,AS FOLLOWS: Section 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section C-7 of Article 1 of the Charter of the City of Ocoee, Florida. Section 2. PETITION. The Ocoee City Commission hereby finds that the petition to annex certain lands,as hereinafter described,into the corporate limits of the City of Ocoee,Florida, bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. Section 3. ANNEXATION. The following described real property located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Section 4. MAP. A map of said land herein described which clearly shows the annexed area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. Section 5. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan, as amended, and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, and the Ocoee City Code. Section 6. CORPORATE LIMITS. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 7. OFFICIAL MAPS. The City Clerk is hereby authorized to update and supplement official City maps of the City of Ocoee, Florida,to include said land herein described and annexed. Section 8. LIABILITY. The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. Section 9. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 10. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. EFFECTIVE DATE. This Ordinance shall become effective upon passage and adoption.Thereafter,the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the Circuit Court for Orange County, Florida, the Chief Administrative Officer of Orange County, Florida, and with the Florida Department of State within seven (7) days from the effective date. PASSED AND ADOPTED this day of , 2022. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) ADVERTISED AND READ FIRST TIME , 2022 READ SECOND TIME AND ADOPTED FOR USE AND RELIANCE ONLY BY THE , 2022,UNDER AGENDA CITY OF OCOEE,FLORIDA APPROVED AS ITEM NO. TO FORM AND LEGALITY THIS DAY OF ,2022 SHUFFIELD,LOWMAN&WILSON,P.A. By: City Attorney EXHIBIT "A" LEGAL DESCRIPTION PARCEL ID NO.: 29-22-28-0000-00-030 BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST, WHICH POINT IS NORTH 0 DEGREES 27 MINUTES EAST 979.40 FEET FROM THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER.RUN HENCE SOUTH 74 DEGREES 48 MINUTES EAST 153.34 FEET,THENCE NORTH 1 DEGREE 32 MINUTES EAST 306.25 FEET TO THE SOUTH RIGHT OF WAY LINE OF THE ORLANDO-WINTER GARDEN ROAD, THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE 156 FEET,MORE OR LESS, TO THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, THENCE SOUTH 0 DEGREES 27 MINUTES WEST TO THE POINT OF BEGINNING,LESS WEST 60 FEET FOR ROAD AND LESS THAT PART CONVEYED TO THE CITY OF OCOEE, FLORIDA, MORE PARTICULARLY DESCRIBED IN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 7043, PAGE 3278, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. PARCEL ID NO.: 29-22-28-0000-00-029 BEGINNING AT THE POINT WHICH IS NORTH 0 DEGREES, 27 MINUTES EAST 922.73 FEET AND 245.6 FEET EAST FROM THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN THENCE NORTH 1 DEGREE, 32 MINUTES EAST 296.3 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF THE ORLANDO-WINTER GARDEN ROAD; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE 100 FEET; THENCE SOUTH 1 DEGREE, 32 MINUTES WEST 296.25 FEET,THEN SOUTH 74 DEGREES,48 MINUTES EAST 100 FEET TO THE POINT OF BEGINNING, LESS THAT PART CONVEYED TO THE CITY OF OCOEE, FLORIDA, MORE PARTICULARLY DESCRIBED IN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 7043,PAGE 3278,OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. EXHIBIT "B" West Orange Surgery Center Location Map �- - Ili v Colonial Drive - ______,...t _, .1 - \_ . () N. 11 Garden Rba ,____ t ------------ o �� -. D oo c -E- IKE LILLY _ U : 0 --›- 1 -0 a 4.. _ ,_-2. I H 1 Seminole Stre t 0L ----cl— dryithiStreetH �-�" I , ORDINANCE NO. 2022- (Rezoning Ordinance for 3422 & 3432 Old Winter Garden Rd —West Orange Surgery Center) TAX PARCEL ID: 29-22-28-0000-00-030 and 29-22-28-0000-00-029 CASE NO. RZ-21-10-30: 3422 & 3432 Old Winter Garden Rd—West Orange Surgery Center Annexation AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1 (CITRUS RURAL DISTRICT) TO CITY OF OCOEE PUD (PLANNED UNIT DEVELOPMENT DISTRICT) ON CERTAIN REAL PROPERTIES CONTAINING APPROXIMATELY 1.27 ACRES LOCATED IN THE SOUTHEAST CORNER OF THE INTERSECTION OF OLD WINTER GARDEN ROAD AND BLACKWOOD AVENUE, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner (the "Applicant") of certain real properties located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an application to the City Commission of the City of Ocoee, Florida(the"Ocoee City Commission") to rezone said real property(the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real properties containing approximately 1.27 acres, more particularly described in Exhibit"A" attached hereto and by this reference made a part hereof, from Orange County A-1 to City of Ocoee PUD; and WHEREAS, pursuant to Section 5-9(B) of Article V of the Land Development Code of the City of Ocoee, Florida(the "Ocoee City Code"), the City Development Services Director has reviewed said Rezoning application and determined that the Rezoning is consistent with the City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as amended(the "Ocoee Comprehensive Plan"); and WHEREAS,said Rezoning application was scheduled for review and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"), acting as the Local Planning Agency; and WHEREAS, on December 14, 2021, the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City, and recommended to the Ocoee City Commission that the zoning classification of said real property be rezoned as requested by the Applicant and that the Ocoee City Commission find that the Rezoning requested by the Applicant to be consistent with the Ocoee Comprehensive Plan; and WHEREAS, on January 18, 2022,the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041(3)(a), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, of the Properties described in Exhibit "A" containing approximately 1.27 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-1 to City of Ocoee PUD. A map of said land herein described which clearly shows the area of the Rezoning is attached hereto as Exhibit"B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN. The Ocoee City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted by this Ordinance, and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G)of Article V of the Ocoee City Code. SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 6. SEVERABILITY. If any section, subsection, sentence,clause,phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this day of , 2022. ATTEST: APPROVED: CITY OF OCOEE,FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) ADVERTISED ,2022 READ FIRST TIME ,2022. READ SECOND TIME AND ADOPTED ,2022. UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA;APPROVED AS TO FORM AND LEGALITY this day of ,2022. SHUFFIELD LOWMAN&WILSON,P.A. By: City Attorney EXHIBIT "A" LEGAL DESCRIPTION PARCEL ID NO.: 29-22-28-0000-00-030 BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST, WHICH POINT IS NORTH 0 DEGREES 27 MINUTES EAST 979.40 FEET FROM THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER. RUN HENCE SOUTH 74 DEGREES 48 MINUTES EAST 153.34 FEET,THENCE NORTH 1 DEGREE 32 MINUTES EAST 306.25 FEET TO THE SOUTH RIGHT OF WAY LINE OF THE ORLANDO-WINTER GARDEN ROAD, THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE 156 FEET,MORE OR LESS,TO THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, THENCE SOUTH 0 DEGREES 27 MINUTES WEST TO THE POINT OF BEGINNING,LESS WEST 60 FEET FOR ROAD AND LESS THAT PART CONVEYED TO THE CITY OF OCOEE, FLORIDA, MORE PARTICULARLY DESCRIBED IN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 7043, PAGE 3278, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. PARCEL ID NO.: 29-22-28-0000-00-029 BEGINNING AT THE POINT WHICH IS NORTH 0 DEGREES, 27 MINUTES EAST 922.73 FEET AND 245.6 FEET EAST FROM THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN THENCE NORTH 1 DEGREE, 32 MINUTES EAST 296.3 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF THE ORLANDO-WINTER GARDEN ROAD; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE 100 FEET; THENCE SOUTH 1 DEGREE, 32 MINUTES WEST 296.25 FEET, THEN SOUTH 74 DEGREES,48 MINUTES EAST 100 FEET TO THE POINT OF BEGINNING, LESS THAT PART CONVEYED TO THE CITY OF OCOEE, FLORIDA, MORE PARTICULARLY DESCRIBED IN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 7043,PAGE 3278,OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. EXHIBIT "B" West Orange Surgery Center Location Map f - a)) ive -- ---- i .____TJ-- ,_ ., , ._ 1 LI i --- Winter Garden RiaacL L___ - rn I d 'Th.0 MI C -1- E.7 „_ LAKE LILLY _ LI r� j �a \ 0 KIM j - �s- ( -. Ill mum M t 1 Seminole Street EN� 1 1-- 11 - ___ , 0 _ ___ __ L. Cryst-al Street .1"r. r-- . . ii 1 i ,