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Home My WebLink AboutOrdinance 2009-008 Silver Ridge Crossing Rezoning ORDINANCE NO. 2009-008 DOC a 20090248295 B: 9865 P: 6734 04/30/2009 12:24:14 PM Page 1 of 6 Rec Fee: $52.50 Doc Type: GOVR Martha O. Haynie, Comptroller Orange CountY6 FL ~B - Ret To: COEE (Rezoning Ordinance for Silver Ridge Crossing Parcel) TAX PARCEL ID #: IIIII:~~~ 1Wt~~m~111I1 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 SILVER 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 ofthe 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 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 2\ , 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-I, 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 ofOcoee 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. 2 ORLA_1060851.2 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 2 , day of ~., \ ,2009. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA ~~~} S. Scott Vandergrift, Mayor)o: (SEAL) ADVERTISED ~~ \ ct t ' 2009 READ FIRST TIME ~,,\ \ -, , 2009. READ SECOND TIM:EAND ADOPTED U~~~~nd~~:n ~~;'~ ,2009. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS T.Q FORM AND ~?f'ITY this JiL day of -ifL4-' 2009. ::LE~;Jr;t;;U City Attorney 3 ORLA_1060851.2 EXHmIT "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 EXHmIT "B" Silver Ridge Crossing Location Map ~\lllllllllll\ ~...r.--... I\. \ I $cirncirlffla $tf'~v \r~L:/... 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