Item #13 a.b. Approval of Ordinance for Silver Ridge Crossing
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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.
Reviewed by ( )
O:\Staff Reports\2009\SR090028 _AF _ SilverRidgeCrossingPUD _LU P .doc
N/A
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N/A
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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-
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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-
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.
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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
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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
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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
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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
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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 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
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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
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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
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ORLA_1060851.2
EXIDBIT "B"
Silver Ridge Crossing
Location Map
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I\. \ I "<II 1<" ttle :,t, "v ~frlj>J 1Jii~7/r, ~ '_ 'c-6
, I DJJJll - ~ Ii 1/7i:rk; ~ ~
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EXlllBIT "C"
LAND USE PLAN
.
[A TT ACH LAND USE PLAN]
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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