HomeMy WebLinkAboutItem #09 First Reading of Ordinance for Silver Ridge Crossing - Rezoning
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Meeting Date: April 7,2009
Item # q
Contact Name:
Contact Number:
Antonio Fabre, AICP
407 -905-3100/1019
Reviewed By: ,
Department Director:
City Manager:
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Subject: Silver Ridge Crossing
PUD Land Use Plan / Rezoning - Project # RZ-09-02-03
Commission District # 2 - Rosemary Wilsen
ISSUE:
Should the Honorable Mayor and City Commissioners approve the PUD Rezoning Ordinance and Land
Use Plan for the Silver Ridge Crossing?
BACKGROUND SUMMARY:
The Silver Ridge Crossing property is located on the northeast corner of Silver Star Road and Ridgefield
Avenue, The subject site is approximately 1.7 acres in size and is currently undeveloped, vacant and
sparsely covered with a mixture of Golden Raintree, Palms and Oaks.
The future land use and zonino classifications of the surroundino properties:
DIRECTION: JURISDICTION / FUTURE LAND USE JURISDICTION / ZONING
North City ofOcoee / Low Density Residential City of Ocoee / Single-Family Dwelling "R-I A"
East City ofOcoee / Low Density Residential City of Ocoee / Low Density Residential "PUD"
South City of Ocoee / Low Density Rcsidential City of Ocoee / Low Density Rcsidential "PUD"
West City ofOcoee / Commcrcial City of Ocoee / Neighborhood Shopping "C-("
The property is currently zoned Neighborhood Shopping (C-1), The Future Land Use designation for the
site is "Commercial" which allows for a Floor Area Ratio of 3.0, The existing adjacent land use is single-
family residential with the exception of commercial (proposed "Crystal Business Plaza" development) to the
west. Further east and west fronting on Silver Star Road are various commercial uses (Winn-Dixie Plaza,
LA Fitness, Blockbuster Video and convenience stores with fuel operations) in close proximity,
DISCUSSION:
The ApplicanUOwner requests a "Planned Unit Development" (PUD) zoning in order to create a mixed-use
commercial development. Therefore, the applicant/owner has submitted a Land Use Plan for the PUD
rezoning and a Small-Scale Site Plan for construction of a 13,515 square feet commercial building,
The Land Use Plan proposes a mixture of uses which are: Uses Permitted for C-1 Zoning, Commercial
Retail, Gallery/Museum, Liquor Store (No on-premise consumption), Appliance Store, Furniture Store and
Music/RadiolTV Shop, All other uses are proposed to be prohibited, The City requires buffer zones to
protect new and established residential areas adjacent to new and established non-residential uses, Buffer
zones were identified and defined in the provided Land Use Plan, The oak trees at the rear of the property
are scheduled to be preserved as reflected on the Land Use/Landscape Plan.
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The Small-Scale Site Plan (as stated above) proposes construction of a one-story commercial building with
a total building floor area of 13,515 square feet. The major off-site improvement for the project includes an
eastbound left-turn lane at Ridgefield and Silver Star Road (SR 438), There is also a 20-foot right-of-way
dedication proposed along Silver Star Road, Accordingly, water, sanitary sewer, reclaimed water (if
available), solid waste and police & fire protection will all be provided by the City, Because a Small-Scale
Site Plan is administratively reviewed, the P&Z and City Commission will not be acting on the site plan
approval.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on February 25, 2009 and reviewed the PUD/Land Use
Plan and Final Site Plan for Silver Ridge Crossing, There were minor technical issues to be addressed
from the Planning Division, Engineering Department and the City Attorney's Office that were identified in
written staff comments and presented verbally, There was also discussion on the proposed use of the
property. All of the changes were discussed and agreed upon by the Applicant.
Furthermore, there was discussion on separating the PUD Land Use Plan from the Final Site Plan to better
facilitate the process since small-scale site plan are approved administratively, The Applicant agreed to this
and will submit a revised Land Use Plan accordingly. Finally, the Applicant felt confident that a
Development Agreement and Title Report will be finalized and executed by the applicant for presentation to
the City Commission.
When the discussion was finished, the DRC voted unanimously to recommend approval of the PUD Land
Use Plan, subject to making the changes agreed upon at the DRC meeting before the Planning and Zoning
Commission meeting.
PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed Silver Ridge Crossing PUD/Land Use Plan
on March 10, 2009, City Staff presented a brief overview of the project. City Staff and the Applicant
answered several questions regarding parking, site lighting, outside patron sitting areas and off-site
improvement proposed for the small-scale Site Plan, All of these questions were addressed adequately in
the P&Z meeting. There was only one person from the public to speak regarding this PUD/Land Use Plan
proposal. His main concerns centered on increase of traffic, widening of Silver Star Road and commercial
market condition of the area,
After finishing its deliberations, the Planning & Zoning Commission voted unanimously to recommend
approval of the Silver Ridge Crossing PUD/Land Use Plan as date-stamped received by the City on
February 27, 2009,
STAFF RECOMMENDATION:
Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the
Mayor and City Commissioners approve Silver Ridge Crossing PUD/Land Use Plan date-stamped received
by the City on February 27,2009,
Attachments:
Location Map;
Future Land Use Map;
Zoning Map;
Aerial Location Map;
PUD Land Use Plan for Silver Ridge Crossing date-stamped February 27,2009,
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Financial Impact:
None,
Type of Item: (please mark with an "x'J
Public Hearing
X Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Deot Use:
Consent Agenda
Public Hearing
Regular Agenda
Original DocumenUContract Attached for Execution by City Clerk
Original DocumenUContract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
X N/A
N/A
Silver Ridge Crossing
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ORDINANCE NO.
(Rezoning Ordinance for Silver Ridge Crossing Parcel)
TAX PARCEL ID #:
CASE NO. RZ-09-02-03: SILVER RIDGE CROSSING
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM OCOEE C-l,
NEIGHBORHOOD SHOPPING DISTRICT, TO OCOEE PUD,
"PLANNED UNIT DEVELOPMENT," ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY 1.7 ACRES LOCATED ON THE
NORTHEAST CORNER OF SIL VER STAR ROAD AND RIDGEFIELD
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; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner or owners (the "Applicant") of certain real property located
within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have 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 property containing
approximately 1.7 acres, more particularly described in Exhibit "A" attached hereto and by this
reference made a part hereof, from Ocoee C-l, Neighborhood Shopping District, to Ocoee PUD,
"Planned Unit Development"; and
WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the
City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said
Rezoning application and determined that the Rezoning requested by the Applicant is consistent
with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted
September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, said Rezoning application was scheduled for study and recommendation by
the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning
Commission"); and
WHEREAS, on March 10, 2009 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 requested by the Applicant 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
ORLA_1 060851 ,2
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Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the .
Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on April _, 2009 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 Property described in Exhibit "A" containing approximately 1.7 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee C-l,
Neighborhood Shopping District, to Ocoee PUD, "Planned Unit Development." 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. LAND USE PLAN. The following Land Use Plan for the Property .
described in Exhibit "A" to this Ordinance is hereby approved subject to the Conditions of
Approval and Waiver(s), if any, from the Ocoee Land Development Code set forth thereon:
That certain Land Use Plan for Silver Ridge Crossing PUD prepared by Evans
Engineering, Inc., date stamped received by the City on February 27, 2009, with
such additional revisions thereto, if any, as may be reflected in the minutes of the
City Commission of the City ofOcoee meeting approving the same.
The above described Land Use Plan is attached hereto as Exhibit "C" and by this
reference made a part hereof.
SECTION 4. COMPREHENSIVE PLAN. The City Commission hereby finds the
Rezoning of the lands described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 5. 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 Chapter
180 of the Ocoee City Code.
SECTION 6. CONFLICTING ORDINANCES. All ordinances or parts of .
ordinances in conflict herewith are hereby repealed and rescinded.
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ORLA_1060851 ,2
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SECTION 7. 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 8. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon passage and adoption.
PASSED AND ADOPTED this _ day of
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this day of ,2009.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_1060851 ,2
,2009.
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED , 2009
READ FIRST TIME , 2009.
READ SECOND TIME AND ADOPTED
,2009.
Under Agenda Item No.
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EXHIBIT "A"
LEGAL DESCRIPTION:
The North 193.00 feet of the South 233.00 feet of the West 1027.00 feet of the Northwest 1/4 of
Section 16, Township 22 South, Range 28 East, Orange County, Florida; less the West 180.00
feet; less right of way for Ridgefield Avenue and less that portion of the property lying West of
right of way of Ridgefield Avenue.
Also described as:
Beginning at the intersection of the East right of way of Ridgefield A venue and the North right
of way of Silver Star Road for a Point of Beginning; run NOooOO'54"W along said East right of
way of Ridgefield A venue, 94.20 feet to the point of curve concave to the left having a radius of
247.48 feet, a central angle of 11 032'14"; run along the arc of said curve, 49.83 feet to the point
of reverse curve concave to the right having a radius of 247.48 feet, a central angle of 11032'14";
run 48.83 feet along the arc of said curve; thence run N89059'06"E, 390.00 feet; thence
SOooOO'54"E, 193.39 feet, to the North right of way of Silver Star Road; thence N89059'08"W
along said right of way, 380.00 feet to the Point of Beginning.
Official Records Book 7297, Page 1517-1520, Public Records of Orange County, Florida.
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ORLA_1 060851 ,2
EXHIBIT "B"
Silver Ridge Crossing
Location Map
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