2022-02 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