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Home My WebLink AboutItem #13 a.b. Approval of Ordinance for Silver Ridge Crossing center of GOOd l./ ~~e. l'~ ~ AGENDA ITEM STAFF REPORT Meeting Date: April 21, 2009 Item # 13 C\..b. Contact Name: Contact Number: Antonio Fabre, AICP 407 -905-3100/1019 Reviewed By: Department Directm' City Manager: I 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, palm and oak trees. The future land use and zoninq classifications of the surroundinq properties: DIRECTION: JURISDICTION / FUTURE LAND USE JURISDICTION / ZONING North Cit ofOcoee / Low Densit Residential East Cit of Ocoee / Low Densit ' Residential South Cit ' of Ocoee / Low Densit Residential West Cit ofOcoee / Commercial 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/Radio/TV 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. 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 plans 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; Development Agreement; Rezoning Ordinance PUD Land Use Plan for Silver Ridge Crossing date-stamped February 27, 2009. Financial Impact: None. Type of Item: (please mark with an "x'J X Public Hearing Ordinance First Reading X Ordinance Second Reading Resolution X 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. 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Qj ~ E '" EO .!! 0 ro co 0 0 N ::l (J 0 ..c '" .... ~ '" (I) iii 0 LL :J :'t g "0 ~ 2 0 .!: c: <S 0 it 0 . I'- 0 :'t J l I THIS INSTRUMENT PREPARED BY . AND SHOULD BE RETURNED TO: PREPARED BY: Paul E. Rosenthal, Esq. FOLEY & LARDNER LLP 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 RETURN TO: For Recording Purposes Only Beth Eikenberry, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 (407) 656-2322 DEVELOPMENT AGREEMENT (SILVER RIDGE CROSSING) . THIS DEVELOPMENT AGREEMENT ("this Agreement") is made and entered into as of the _ day of , 2009 by and between DAKHIL DEVELOPMENT LLC, a Florida limited liability company, whose mailing address is 13915 Broadwing Drive, Orlando, Florida 32837 (hereinafter referred to as the "Owner") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager (hereinafter referred to as the" City"). W I T N E ~ ~ E T H: WHEREAS, the Owner owns fee simple title to certain lands located in Orange County, Florida, and within the corporate limits of the City of Ocoee, Florida, said lands being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, pursuant to the petition of the Owner, on April 21, 2009 the Ocoee City Commission approved Ordinance No. rezoning the Property as "PUD" under the Ocoee Land Development Code; and WHEREAS, the provisions of Section 4-5A(5) of Article IV of the Ocoee Land Development Code requires that the Owner and the City enter into a development agreement incorporating all plans and conditions of approval by reference; and . WHEREAS, the Owner and the City desire to execute this Agreement in order to fully comply with the provisions of the Ocoee Land Development Code. ORLA_1292447.1 NOW, THEREFORE, in consideration of the premises and other good and valuable . considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. Section 2. Development of the Propertv. A. The Owner hereby agrees to develop the Property in accordance with that certain PUD Land Use Plan for Silver Ridge Crossing PUD prepared by Evans Engineering, Inc., date stamped as received by the City on February 27, 2009 (hereinafter referred to as the "Land Use Plan"). The Land Use Plan is hereby incorporated herein by reference as if fully set forth herein. B. The Owner hereby agrees that the Property shall be developed in accordance with and is made subject to those certain Conditions of Approval attached hereto as Exhibit ''8'' and by this reference made a part hereof (the "Conditions of Approval"). The Owner further agrees to comply with all of the terms and provisions of the Conditions of Approval. The Conditions of Approval attached hereto as Exhibit ''8'' are the same as the Conditions of Approval set forth in the Land Use Plan. C. Except as otherwise expressly set forth in this Agreement and the Land Use Plan it is agreed that (1) the Owner shall comply with the zoning and subdivision . regulations of the City as set forth in the Ocoee Land Development Code, as it may from time to time be amended, and (2) all preliminary subdivision plans, final subdivision plans, and final site plans for the Property or any portion thereof shall conform to the Ocoee Land Development Code requirements in effect at the time of approval of any such plans. In the event of any conflict between the provisions of the Ocoee Land Development Code, as it may from time to time be amended, and this Agreement, it is agreed that the provisions of this Agreement shall control. D. All capitalized terms not otherwise defined herein shall be as defined or described on the Land Use Plan, unless otherwise indicated. Section 3. Conveyance of Right-of-Wav. A. The Owner agrees to convey the Right-of-Way Land to the City In accordance with Condition of Approval No.1 as set forth on Exhibit "B" hereto. B. Neither the Owner, its successors and assigns, nor any other person or entity shall be entitled to any road impact fee credits or other compensation of any kind for, on account of, or with respect to the required dedication and conveyance of the Right-of-Way Land to the City. . ORLA_1292447.1 -2- . . . Section 4. Notice. Any notice delivered with respect to this Agreement shall be in writing and be deemed to be delivered (whether or not actually received) (i) when hand delivered to the other party, (ii) upon receipt when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, or (iii) the next business day after being sent by nationally recognized overnight delivery service for next business day delivery, all addressed to the party at the address appearing on the first page of this Agreement, or such other person or address as the party shall have specified by written notice to the other party delivered in accordance herewith. Section 5. Covenant Running with the Land. This Agreement shall run with the Property and inure to and be for the benefit of the parties hereto and their respective successors and assigns and any person, firm, corporation, or entity who may become the successor in interest to the Property or any portion thereof. Section 6. Recordation of Agreement. The parties hereto agree that an executed original of this Agreement shall be recorded by the City, at the Owner's expense, in the Public Records of Orange County, Florida. The City will, from time to time upon request of the Owner, execute and deliver letters affirming the status of this Agreement. Section 7. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Section 8. Time of the Essence. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. Section 9. Agreement: Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Section 10. Further Documentation. The parties agree that at any time following a request therefor by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. Section 11. Specific Performance. Both the City and the Owner shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. Section 12. Attorneys' Fees. In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, legal assistants' fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy ORLA_1292447.1 -3- proceedings, without regard to whether any legal proceedings are commenced or whether or . not such action is prosecuted to judgment. Section 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Section 14. Captions. Captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. Section 15. Severability. If any sentence, phrase, paragraph, provision, or portion of this Agreement 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 hereof. Section 16. Effective Date. The Effective Date of this Agreement shall be the day and year first above written. IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be executed by their duly authorized officers as of the day and year first above written. Signed, sealed and delivered in the presence of OWNER: . DAKHIL DEVELOPMENT LLC, a Florida limited liability company Print Name By: Name: Its: Print Name . ORLA_1292447.1 -4- . . . STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared as the of DAKlDL DEVELOPMENT LLC, a Florida limited liability company, who [ l is personally known to me or [_l produced as identification, and that he/she acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed on behalf of said limited liability company. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2009. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if nOllegible on seal): My Commission Expires (ifnollegible on seal): ORLA_1292447.1 -5- Signed, sealed and delivered in the presence of: Print Name: Print Name: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. Approved as to form and legality this day of , 2009. FOLEY & LARDNERLLP By: City Attorney ORLA_1292447.1 CITY: CITY OF OCOEE, FLORIDA By: Attest: S. Scott Vandergrift, Mayor Beth Eikenberry, City Clerk (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON April 21, 2009 UNDER AGENDA ITEM NO. -6- . . . . . . STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this _ day of , 2009. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): ORLA_1292447.1 -7- JOINDER AND CONSENT . The undersigned hereby certifies that it is the holder of an indenture of mortgage, dated the _ day of _ and recorded in Official Records Book Page _, Public Records of Orange County, Florida, upon the 'above described property and the undersigned, for and in consideration of valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in and consent to the execution of the foregoing Development Agreement ( ) and agree that the lien of its mortgage described herein above shall be subordinated to the aforedescribed Development Agreement. Signed, sealed and delivered in the presence of: (Print name of Mortgage holder) Print Name: By: Printed Name: Title: Print Name: . STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2009, by (Name of Officer) who is the (Title) of (Name) . He/she [ l is personally known to me, or [_l has produced as identification. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): . ORLA_1292447.1 -8- . . . ExmBIT "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 Avenue 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 11032'14"; 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. ORLA_1292447.1 -9- EXHIBIT "B" . CONDITIONS OF APPROVAL 1. PROPOSED RIGHT-OF-WAY DEDICATION 2. ORLA_1292447.1 PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT FOR THE REAL PROPERTY WHICH IS THE SUBJECT OF THIS PUD LAND USE PLAN (THE "PLAN"), THE DEVELOPER SHALL CONVEY TO THE CITY AN APPROXIMATELY TWENTY (20) FOOT-WIDE STRIP OF THE PROPERTY LYING ADJACENT AND CONTIGUOUS TO, AND ALONG THE PROPERTY'S SOUTHERN FRONTAGE ON THE EXISTING RIGHT-OF-WAY FOR SILVER STAR ROAD ALL AS MORE PARTICULARLY DEPICTED ON THIS PLAN (THE "RIGHT-OF-WAY LAND"). AT LEAST TWENTY (20) DAYS PRIOR TO THE CONVEYANCE, THE DEVELOPER SHALL PROVIDE THE CITY WITH A METES AND BOUNDS LEGAL DESCRIPTION AND SKETCH OF DESCRIPTION FOR THE PROPERTY TO BE CONVEYED, SAID DESCRIPTION AND SKETCH BEING CERTIFIED TO THE CITY AND SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY. THE PROPERTY SHALL BE DEDICATED AND CONVEYED BY THE DEVELOPER TO THE CITY BY SPECIAL WARRANTY DEED FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT FOR THOSE MATTERS ACCEPTABLE TO THE CITY. THE FORM OF THE SPECIAL WARRANTY DEED SHALL BE SUBJECT TO THE APPROVAL OF THE . CITY. THE DEVELOPER SHALL CONTEMPORANEOUSLY WITH THE DEDICATION AND CONVEYANCE OF THE PROPERTY, PROVIDE TO THE CITY A CURRENT ATTORNEY'S OPINION OF TITLE OR A CURRENT TITLE COMMITMENT TO BE FOLLOWED BY A POLICY OF TITLE INSURANCE, EVIDENCING THAT FEE SIMPLE TITLE TO THE PROPERTY IS FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT FOR THOSE MATTERS ACCEPTABLE TO THE CITY. THE COSTS AND EXPENSES RELATED TO THE CONVEYANCE AND DEDICATION OF THE PROPERTY, INCLUDING THE COST OF TITLE WORK, SHALL BE BORNE SOLELY BY THE DEVELOPER. REAL PROPERTY TAXES ON THE PROPERTY SHALL BE PRORATED AS OF THE DATE BEFORE THE CITY'S ACCEPTANCE OF THE CONVEYANCE OF THE SAME, AND THE PRORATED AMOUNT OF SUCH REAL PROPERTY TAXES ATTRIBUTABLE TO THE DEVELOPER SHALL BE PAID AND ESCROWED BY THE DEVELOPER IN ACCORDANCE WITH THE PROVISIONS OF SECTION 196.295, FLORIDA STATUES; PROVIDED, HOWEVER, THAT IF THE CONVEYANCE OCCURS BETWEEN NOVEMBER 1 AND DECEMBER 31, THEN THE DEVELOPER SHALL BE RESPONSIBLE FOR REAL PROPERTY TAXES FOR THE ENTIRE YEAR. NEITHER THE DEVELOPER, ITS SUCCESSORS AND ASSIGNS, NOR ANY OTHER PERSON OR ENTITY SHALL BE ENTITLED TO ANY ROAD IMPACT FEE CREDITS OR OTHER COMPENSATION OF ANY KIND FOR, ON ACCOUNT OF, OR WITH RESPECT TO THE REQUIRED CONVEYANCE OF THE PROPERTY. THE CITY OF OCOEE IS SUBJECT TO THE TERMS, PROVISIONS, AND RESTRICTIONS OF FLORIDA STATUTES CHAPTER 163 CONCERNING THE MORATORIA ON THE ISSUANCE OF BUILDING PERMITS UNDER CERTAIN . -10- . . . CIRCUMSTANCES. THE CITY HAS NO LAWFUL AUTHORITY TO EXEMPT ANY PRIVATE ENTITY, OR ITSELF FROM THE APPLICATION OF SUCH STATE LEGISLATION AND NOTHING HEREIN SHOULD BE CONSTRUED AS SUCH AN EXEMPTION. 3. PRIOR TO THE APPROVAL OF THE FINAL SITE PLAN FOR THIS PROJECT, OR ANY PORTION THEREOF, THE APPLICANT/OWNER WILL NEED TO APPLY FOR AND OBTAIN A FINAL CERTIFICATE OF CONCURRENCY PURSUANT TO ARTICLE IX OF THE OCOEE LAND DEVELOPMENT CODE. NEITHER THE REVIEW OF THE APPLICATION/PROJECT BY THE CITY NOR THE GRANTING OF ANY APPROVALS IN CONNECTION WITH SUCH REVIEW SHALL BE CONSTRUED TO GRANT THE APPLICANT/OWNER ANY ENTITLEMENT TO OBTAIN A FINAL CERTIFICATE OF CONCURRENCY WITH RESPECT TO ALL OR ANY PORTION OF THE PROJECT OR TO CREATE ANY EXCEPTION FROM THE PROVISIONS OF ARTICLE IX OF THE OCOEE LAND DEVELOPMENT CODE. 4. NO PERSON SHALL UNDERTAKE LAND CLEARING OR THE REMOVAL OF ANY PROTECTED TREE WITHOUT FIRST OBTAINING A PERMIT FROM THE BUILDING DEPARTMENT. THE REMOVAL OF PROTECTED TREES SHALL BE MINIMIZED TO THE MAXIMUM EXTENT POSSIBLE AND NO AUTHORIZATION SHALL BE GRANTED TO REMOVE A TREE IF THE DEVELOPER HAS FAILED TO TAKE REASONABLE MEASURES TO PRESERVE SPECIMEN AND HISTORIC TREES. 5. NO BUILDING PERMIT WILL BE ISSUED UNTIL WATER AND/OR WASTEWATER CAPITAL CHARGES AND ROAD, FIRE AND POLICE IMPACT FEES ARE PAID. EACH FIRE HYDRANT SHALL BE OSHA ("SAWYER YELLOW" #SW4075) YELLOW IN COLOR AND A BLUE REFLECTIVE MARKER SHALL BE AFFIXED TO THE STREET IN THE CENTER OF THE LANE CLOSEST TO EACH HYDRANT. 6. 7. ALL ON SITE UTILITIES INCLUDING ELECTRICAL, CABLE TV AND TELEPHONE SHALL BE PLACED BELOW GROUND. 8. ANY DAMAGE CAUSED TO ANY PUBLIC ROAD AS A RESULT OF THE CONSTRUCTION ACTIVITIES RELATED TO THE PROJECT, SHALL BE PROMPTLY REPAIRED BY THE DEVELOPER TO THE APPLICABLE GOVERNMENT STANDARDS AT THE DEVELOPER'S SOLE COST AND EXPENSE. 9. NOTHING HEREIN SHALL BE CONSTRUED TO WAIVE ANY PROVISION OF THE LAND DEVELOPMENT CODE EXCEPT TO THE EXTENT EXPRESSLY SET FORTH ON A WAIVER TABLE OR EXPLICITLY SET OUT ON THE PLAN. 10. STORMWATER MANAGEMENT SHALL BE PROVIDED CONSISTENT WITH THE REQUIREMENTS OF THE OCOEE LAND DEVELOPMENT CODE AND THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT. 11. THERE SHALL BE NO ACCESS FROM THE PROJECT TO ANY PUBLIC ROADS EXCEPT AT THE APPROVED LOCATIONS SHOWN ON THE PLAN. ORLA_1292447.1 -11- 12. A PERPETUAL NON-EXCLUSIVE EASEMENT FOR ACCESS OVER ALL INTERNAL . PRIVATELY OWNED PARKING, ACCESS AND PAVED AREAS SHALL BE GRANTED IN FAVOR OF THE CITY OF OCOEE AND OTHER APPLICABLE AUTHORITIES FOR LAW ENFORCEMENT, FIRE AND OTHER EMERGENCY SERVICES. 13. THE DEVELOPER SHALL CONSTRUCT APPROPRIATE CURBS CUTS TO ENABLE CONSTRUCTION OF RAMPS AT ALL RIGHTS-OF-WAY INTERSECTIONS (AND OTHER AREAS AS REASONABLY REQUIRED) IN ORDER TO ACCOMMODATE ACCESS TO SIDEWALKS AND STREETS FOR PERSONS WHO ARE IN WHEELCHAIRS AND OTHER PERSONS WHO ARE PHYSICALLY CHALLENGED. SIDEWALKS ABUTTING EACH PLATTED LOT SHALL BE CONSTRUCTED AT THE TIME A HOUSE IS CONSTRUCTED ON THE LOT. WHEN SIDEWALKS ARE CONSTRUCTED ON CORNER LOTS AT CERTAIN LOCATIONS, THE SIDEWALK WILL BE EXTENDED TO THE CURB AND THE APPROPRIATE RAMPS WILL THEN BE CONSTRUCTED. SIDEWALKS ADJACENT TO COMMON AREAS SHALL BE CONSTRUCTED AT THE TIME OF PERMANENT CONSTRUCTION OF ADJACENT COMMON AREAS. 14. EXISTING TREES 8" OR LARGER (OTHER THAN CITRUS TREES OR "TRASH" TREES) LOCATED ALONG PROPOSED LOCATIONS OF BUFFER WALLS OR ROAD RIGHT-OF-WAY LINES WILL BE PRESERVED IF AT ALL POSSIBLE. THE BUFFER WALLS AND ROADS WILL BE DESIGNED AROUND THOSE TREES TO INCORPORATE THEM INTO REQUIRED LANDSCAPE BUFFERS AND AS STREET TREES. . 15. ALL BUILDING(S) WILL BE AT LEAST 2 FEET ABOVE THE 100 YEAR DESIGN STORM ELEVATION FOR THE PROJECT. 16. THE FOLLOWING USES ARE PERMITTED ON THE PROPERTY: [ALL C-1 USES PLUS THE FOLLOWING USES: COMMERCIAL RETAIL, GALLERY/MUSEUM, INTERIOR DECORATING STORE, LIQUOR STORE WITH NO ON-PREMISE CONSUMPTION, APPLIANCE STORE, FURNITURE STORE, MUSIC/RADIO/TV SHOP]. ALL OTHER USES ARE EXPRESSLY PROHIBITED. 17. THE PROJECT SHALL BE DEVELOPED IN ONE (1) PHASE. 18. THE DEVELOPER SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE RIGHT-OF-WAY LAND UNTIL SUCH TIME AS (I) IT RECEIVES WRITTEN NOTICE FROM THE CITY THAT THE CITY OR THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) IS ASSUMING RESPONSIBILITY THE MAINTENANCE OF THE RIGHT-OF-WAY LAND, OR (II) THE RIGHT-OF-WAY LAND IS UTILIZED BY THE CITY OR FDOT FOR ROAD RIGHT-OF-WAY PURPOSES, WHICHEVER FIRST OCCURS. 19. PRIOR TO ISSUANCE OF A CERTIFICATE OF COMPLETION OR CERTIFICATE OF OCCUPANCYFORTHEPROPERT~THEDEVELOPERSHALLCONVEYTHE TRACT A LIFT STATION TO THE CITY AS SHOWN ON THE PLAN (THE "LIFT STATION TRACT"). THE CONVEYANCE SHALL INCLUDE THE LIFT STATION AND . ALL IMPROVEMENTS IN CONNECTION THEREWITH LOCATED ON THE LIFT ORLA_1292447.1 -12- . . . 20. 21. 22. STATION TRACT, WHETHER REAL OR PERSONAL PROPERTY. THE PROVISIONS OF CONDITION OF APPROVAL #1 REGARDING THE CONVEYANCE OF THE RIGHT-OF-WAY LAND SHALL ALSO BE APPLICABLE TO THE CONVEYANCE OF THE LIFT STATION TRACT AND THE IMPROVEMENTS LOCATED THEREON. NEITHER THE DEVELOPER, ITS SUCCESSORS AND ASSIGNS, NOR ANY OTHER PERSON OR ENTITY SHALL BE ENTITLED TO ANY CREDITS OR OTHER COMPENSATION OF ANY KIND FOR, ON ACCOUNT OF OR WITH RESPECT TO THE CONVEYANCE OF THE LIFT STATION TRACT AND THE IMPROVEMENTS LOCATED THEREON. CONTEMPORANEOUS WITH THE CONVEYANCE OF THE LIFT STATION TRACT, THE DEVELOPER SHALL GRANT TO THE CITY THE UTILITY AND DRAINAGE EASEMENTS AS SHOWN ON THE PLAN (THE "EASEMENTS"). THE PROVISIONS OF CONDITION OF APPROVAL #1 REGARDING THE CONVEYANCE OF THE RIGHT-OF-WAY LAND SHALL ALSO BE APPLICABLE TO THE GRANTING OF THE EASEMENTS. NEITHER THE DEVELOPER, ITS SUCCESSORS AND ASSIGNS, NOR ANY OTHER PERSON OR ENTITY SHALL BE ENTITLED TO ANY CREDITS OR OTHER COMPENSATION OF ANY KIND FOR, ON ACCOUNT OF OR WITH RESPECT TO THE GRANTING OF THE EASEMENTS. TO THE EXTENT THE LAND USE PLAN AND THESE CONDITIONS OF APPROVAL CONFLICT WITH THE CITY OF OCOEE LAND DEVELOPMENT CODE, THE PROVISIONS OF THE LAND USE PLAN AND THESE CONDITIONS OF APPROVAL SHALL CONTROL. THE DEVELOPER SHALL BE RESPONSIBLE FOR INSTALLING REUSE LINES WITHIN THE PROJECT. AT SUCH TIME AS REUSE WATER IS AVAILABLE TO THE PROPERTY, THE DEVELOPER SHALL BE RESPONSIBLE FOR CONNECTION TO THE REUSE SYSTEM LINES. 23. ALL LEGAL INSTRUMENTS SHALL BE SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY. ORLA_1292447.1 -13- .. . . . 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 contammg 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 ORLA_1060851.2 ,. J Commission that the zoning classification of said real property be rezoned as requested by the . 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 of Ocoee 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. . 2 ORLA_1060851.2 .. . . . SECTION 6. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. 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 A TrEST: 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. 3 EXIllBIT "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 Avenue, 94.20 feet to the point of curve concave to the left having a radius of 247.48 feet, a central angle of 11032'14"; 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. 4 ORLA_1060851.2 ,. . . . . . . ORLA_1060851.2 EXIDBIT "B" Silver Ridge Crossing Location Map ~\11111 ~ I\. \ I "<II 1<" ttle :,t, "v ~frlj>J 1Jii~7/r, ~ '_ 'c-6 , I DJJJll - ~ Ii 1/7i:rk; ~ ~ \ I I ~ DJJI[J =~/ I ~~f!!1-:..L. /j _/..= 7 r:::to..-I I I I I .... ,L \l e ot er ~ tne~ ------,~ ---G- (/') "'rll, j,.J- '- ~ ~ -----".d - ;i).. ~ I :...- '" -L:1YIy Olt~ ~ I- f:& ~~ ~ ~ : ~ ~~ ~ ~ 1/::Ir~A~ = ~ = EJ:Il:!j ~ ~ ~ r::B~':J 'Zz - '-" / I \ I J:: ~:=.g f-- ~ ~~ - I-~ T \ T I I- ~ ID ot: ::::J ~ '--.... _ Iffi- I II L --e UJ r~ = 1 ~,-- f- ./ ~ .A........... N- I-- ~ ~\L ., ~ -eel..' \ ~ = t=:~~ ~ : - t ~ilv"r StAr FI-~ ~) ~~ \' \ o ~~. )I~~I IIUr1~ LJ ~"'~ 1 ~~I~ q ~ ~ '~E1 II H ~. J! c5 =: '0 LD~~ 1\0~S ~~ ~ 1 ~ ~ ~c)o.'L/ 0- LAKE OL YA4PIA 9~ ~ 5 .. EXlllBIT "C" LAND USE PLAN . [A TT ACH LAND USE PLAN] . . 6 ORLA_1060851.2 Copy of Public Hearing Advertisement Date Published Ihursctay , ,Ap vi \ q I i,CCPI fLf- Se-tl\:-ti v1 e i Advertisement CITY OF 0 NonCE OF PUBU SILVER RIDGE DEVELOPMENT R USE PWl ~ .' ,;.,'.' . ~:~ I~' ~~:~t~~6t.~i (~)(Cl2T Florida Statutes. ;~~~ aPy~W~:k~~rR~i soon thereafter os practical, the OCOEE CITYCOMMIS- I SION will hold o. PUBLIC , HEARING,'Qt the, Cllyof Ocoee Commission Cham, bers. 150. North Lokeshore ~lri~l~er(jt~~e~nl~rlJ;gCj5I~~ and rezoning of, the proper- : ty located on the northeast ; corner of Silver Star Rood I ~?~n~:UJ~\fl~e~~ro~~e~~ (PU 0 Commercial) for' a ;porcel'conslsllng af approx- 'Imately \.7 acres. The ad-. dress Is 478 E Silver Star I Rood and the porcel Idenll- ~2~~fT'ber..1.s .1~22:28. ORDf!lAH,ci ~~"~.' iA~ ~f ZO DC SH Interested pdrties m~Ya~ pear at the publ1c hearing and be heard wlth'respect fa .the propose~ ~~tl.O~S.. ' The completecase'lIIe may I ~~J~r~~S ~~:t'I~e~cg~ I partme,l/Plonnlng located I 'lot 150 North Lakesh~fe Orlve; Ocoee. Flarlda, be- tween the hours of S:OO a.m. ,f~~u~~O~rrd'~;' e~~~?f'-': gol.holldays.:" :,i,' ,,:.; .The City Commission mov 'cantlnue the publ1c' hearings to other dates and times. as It deems necessary. Anv in. terested. l>artv, shall' be ad. vised of the dates, 'IImes. and places of any continuo tlan of .these ar contlnuec pUblic hearings. Any cantin. uances shall be announced during these hearings and no further ~otlces regarding these mailers will be, pub- I1shed, ' ", J. '".- . Yau are advised that 'any person Who desires to ap- real any decision made at n~U~b~~~o~~a~i~~: ~~~ ceedlngs and for this pur' rt\'Jt"am~:rti'a~T~ t~eioW~'! ~Mr~T~3~~~~el~e~l~ ny and evidence upOn which ,~~s a:ft~o~I~~~ft;r.~':':d: Ing assistance to participate ~~g~rdo~~~1s~cr~~~?rv Clerk's Office 48 hours In advance of the meeting at 407-905-3105. Beth Eikenberry City Clerk . COR965315 4/9/09