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Home My WebLink About2022-02 West Orange Surgery Center - 3422 & 3432 Winter Garden Rd - RezoningDOC # 20220044710 01/20/2022 13:03 PM Page 1 of 5 Rec Fee: $44.00 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 ORDINANCE NO. 2022-02 Phil Diamond, Comptroller Orange County, FL (Rezoning Ordinance for 3422 & 3432 Old Winter Garden Rd Ret To: CSC INC — 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 Rezoning 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 20220044710 Page 2 of 5 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. 20220044710 Page 3 of 5 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 "'�E Melanie Sibbitt, City -Clerk Rusty John ayor (SEAL)- ADVERTISED r , 2022 READ FIRST TIME , 2022. READ SECOND TIME AN15 ADOPTED A 'V lry If 52022. UNDER A ENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this iJ�V day of 737prtQ , 2022. SHUFFIELD LOWMAN & WILSON, P.A. By. City orn 20220044710 Page 4 of 5 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 I 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. 20220044710 Page 5 of 5 EXHIBIT "B" West grange Surgery enter Location Map a 4mm mommolmlppm IV - M4� f�wl� hu7k� k, milla, m