A.

Establishment of Geographic Boundaries of Special Overlay Areas for Special Development Plan; Directing Revisions to the Official City Zoning Map.

(1)

Pursuant to Section 4-6 of the Ocoee Land Development Code, the City Commission hereby creates as a Special Overlay Area within a portion of the Minorville Activity Center, as established by Ordinance No. 98-12 adopted July 21, 1998, identified as "CRA Target Area 1", the specific geographic boundaries of CRA Target Area 1 being as depicted in Exhibit "A" attached to Ord. No. 2010-009. The foregoing Special Overlay Area shall be referred to as "CRA Target Area 1" or "Target Area 1". The City Commission hereby directs that the boundaries of CRA Target Area 1 be shown on the Official City Zoning Map along with a reference to the existence of the special development standards adopted pursuant to this Section and the location where the special development plan containing such adopted special standards can be reviewed.

(2)

Pursuant to Section 4-6 of the Ocoee Land Development Code, the City Commission hereby creates as a Special Overlay Area within a portion of the Minorville Activity Center and a portion of the Lake Bennet Activity Center, as established by Ordinance No. 98-12 adopted July 21, 1998, identified as "CRA Target Area 2", the specific geographic boundaries of CRA Target Area 2 being as depicted in Exhibit "A" attached to Ord. No. 2010-009. The foregoing Special Overlay Area shall be referred to as "CRA Target Area 2" or "Target Area 2". The City Commission hereby directs that the boundaries of CRA Target Area 2 be shown on the Official City Zoning Map along with a reference to the existence of the special development standards adopted pursuant to this Section and the location where the special development plan containing such adopted special standards can be reviewed.

(3)

Pursuant to Section 4-6 of the Ocoee Land Development Code, the City Commission hereby creates as a Special Overlay Area within a portion of the Lake Bennet Activity Center, as established by Ordinance No. 98-12 adopted July 21, 1998, identified as "CRA Target Area 3", the specific geographic boundaries of CRA Target Area 3 being as depicted in Exhibit "A" attached to Ord. No. 2010-009. The foregoing Special Overlay Area shall be referred to as "CRA Target Area 3" or "Target Area 3". The City Commission hereby directs that the boundaries of CRA Target Area 3 be shown on the Official City Zoning Map along with a reference to the existence of the special development standards adopted pursuant to this Section and the location where the special development plan containing such adopted special standards can be reviewed.

(4)

CRA Target Area 1, CRA Target Area 2 and CRA Target Area 3 are collectively referred to herein as the "CRA Target Areas". Portions of the CRA Target Areas are not located within the geographic boundaries of the Ocoee Community Redevelopment Agency.

(5)

Portions of CRA Target Area 1, CRA Target Area 2 and CRA Target Area 3 are located within unincorporated Orange County. Said areas are collectively referred to herein as the "Unincorporated CRA Target Areas". Notwithstanding any provision contained herein to the contrary, this Section 5-3.3 shall not be applicable to any portion of the Unincorporated CRA Target Areas unless and until such portions of the Unincorporated CRA Target Areas are annexed into the corporate limits of the City of Ocoee. The inclusion of the Unincorporated CRA Target Areas is for illustrative purposes only and are intended solely to place such lands on notice that they will be subject to this Section 5-3.3 in the event of annexation into the corporate limits of the City of Ocoee.

B.

Adoption of Special Development Plan for CRA Target Areas.

(1)

Pursuant to the provisions of Section 4-6 of the Ocoee Land Development Code, the City Commission hereby adopts and enacts the "CRA Target Areas Special Development Plan" dated July 2010 attached to Ord. No. 2010-009 as Exhibit "B" and by this reference made a part hereof, along with such changes as may be made by the Ocoee City Commission in connection with the adoption of this Section 5-3.3 of the Ocoee Land Development Code. Said Plan includes: (i) Introduction with subsections on Planning Process, Planning Context, and Issues; (ii) CRA Framework Plan with subsections on Transportation Network, Open Space, and Land Use Strategy; (iii) Community Participation Process with subsections on Public Engagement, Founder's Day Public Input, Stakeholder-Based Themes, and Vision Statement; and (iv) Target Areas Regulating Plan with subsections on Introduction to Regulating Plan, CRA Target Areas Overall Map, CRA Target Area 1 Regulating Plan, CRA Target Area 2 Regulating Plan, and CRA Target Area 3 Regulating Plan.

(2)

The City Commission hereby finds that the CRA Target Areas Special Development Plan complies with the requirements and criteria set forth in Section 4-6 of the Ocoee Land Development Code and the Ocoee Comprehensive Plan.

(3)

The CRA Target Areas Special Development Plan is supplemental to the Ocoee State Road 50 Activity Center Special Development Plan as adopted by Ordinance No. 98-12 and amended by Ordinance No. 99-23. However, to the extent the standards set forth in the CRA Target Area 1 Regulating Plan, CRA Target Area 2 Regulating Plan, and/or CRA Target Area 3 Regulating Plan are similar to or conflict with the standards set forth in the Ocoee State Road 50 Activity Center Special Development Plan, the CRA Target Area 1 Regulating Plan, CRA Target Area 2 Regulating Plan, and/or CRA Target Area 3 Regulating Plan shall control and supersede the standards set forth in the Ocoee State Road 50 Activity Center Special Development Plan.

(4)

The CRA Target Areas Special Development Plan is supplemental to the Commercial and Industrial Development Regulations set forth in Section 6-14 of the Ocoee Land Development Code. However, to the extent the standards set forth in the CRA Target Area 1 Regulating Plan, CRA Target Area 2 Regulating Plan, and/or CRA Target Area 3 Regulating Plan are similar to or conflict with the standards set forth in the Commercial and Industrial Development Regulations, the CRA Target Area 1 Regulating Plan, CRA Target Area 2 Regulating Plan, and/or CRA Target Area 3 Regulating Plan shall control and supersede the standards set forth in the Commercial and Industrial Development Regulations.

(5)

To the extent the standards set forth in the CRA Target Area 1 Regulating Plan, CRA Target Area 2 Regulating Plan, and/or CRA Target Area 3 Regulating Plan conflict with the standards set forth in other provisions of the Land Development Code, the CRA Target Area 1 Regulating Plan, CRA Target Area 2 Regulating Plan, and CRA Target Area 3 Regulating Plan, as applicable, shall control.

C.

Compliance with Special Development Plan for CRA Target Areas.

(1)

In evaluating any proposed development or redevelopment within the CRA Target Areas referenced in Section 5-3.3.A., the City shall consider whether such proposed development or redevelopment is generally consistent with and in furtherance of the stated goals, illustrative guidelines and long-term vision of the CRA Target Areas Special Development Plan. In addition to being generally consistent with and in furtherance of the stated goals, illustrative guidelines and long-term vision, such development or redevelopment shall comply with the special development standards set forth in the CRA Target Areas Regulating Plan for the CRA Target Area in which such development or redevelopment is proposed, i.e., (i) the subsection regarding the CRA Target Area 1 Regulating Plan shall be applicable only to CRA Target Area 1; (ii) the subsection regarding the CRA Target Area 2 Regulating Plan shall be applicable only to CRA Target Area 2; and (iii) the subsection regarding the CRA Target Area 3 Regulating Plan shall be applicable only to CRA Target Area 3.

(2)

The provisions of Sections 4-6 and 5-3.1.C.(3) of the Ocoee Land Development Code are hereby made applicable to all development and redevelopment within the CRA Target Areas. The CRA Target Areas Special Development Plan shall apply only within the specific geographic areas set forth in this Section and shall apply in the Unincorporated CRA Target Areas only upon annexation into the corporate limits of the City of Ocoee.

D.

Underlying Zoning; Prohibited Uses.

(1)

Except for the prohibited uses as set forth below, all underlying zoning uses and land use entitlements within the CRA Target Areas shall remain in full force and effect for each parcel within the CRA Target Areas and may be horizontally and/or vertically mixed between parcels upon agreement of the owners and the City.

(2)

A proposed land use within the CRA Target Areas which is inconsistent with the underlying zoning district may be permitted if it is determined by the City that such use is compatible with surrounding development and imposes no impacts on City infrastructure greater than that generated by other uses normally permitted in the underlying zoning district.

(3)

Notwithstanding the permitted uses within the underlying zoning district, the following uses shall be prohibited in the CRA Target Areas:

(a)

Adult entertainment establishments;

(b)

Adult bookstores and video stores;

(c)

Pawn shops;

(d)

Check cashing establishments;

(e)

New/used vehicle sales;

(f)

New/used boat sales;

(g)

New/used equipment sales;

(h)

Gas stations (except for Block 1 of CRA Target Area 1 and Sub-Area 1 of CRA Target Area 2);

(i)

Outdoor garden center unless enclosed;

(j)

Outdoor lumber sales unless enclosed;

(k)

Mobile homes;

(l)

Automotive body repairs;

(m)

Miniature golf or driving range;

(n)

Motor vehicle wholesale;

(o)

Recreational vehicle park;

(p)

Storage warehouse;

(q)

Industrial/warehouse uses;

(r)

Automotive wrecking/salvage parks;

(s)

Car washes; and

(t)

Suburban-type stand-alone buildings with drive-through facilities such as fast food restaurants, banks, pharmacies, dry cleaners, convenience stores, liquor stores and similar uses with drive-through facilities (except that such uses will be permitted with one (1) drive-through pick-up window per business establishment where such drive-through is incidental to a use designed to be predominately walk-in in character and which use promotes an urban form of development by incorporating the drive-through into the building and site design by enclosing it from surrounding uses with walls, roofs and building structures or comparable architectural features).

(4)

To the extent that any of the lands located within the CRA Target Areas are being used as of July 16, 2010, with one (1) or more of the uses prohibited by Section 5-3.3.D.(3), above, such use may continue as a nonconforming use of land as provided in Section 5-10.C. of the Ocoee Land Development Code.

E.

Interpretation and Administrative Review.

Notwithstanding any provision in the Ocoee Land Development Code to the contrary, the Director of Development Services shall interpret and rule on all issues related to (i) whether a proposed development or redevelopment plan is generally consistent with and in furtherance of the stated goals, illustrative guidelines and long-term vision of the CRA Target Areas Special Development Plan, and (ii) conflicts or potential conflicts between the CRA Target Areas Special Development Plan and the Ocoee Land Development Code. The Director of Development Services may consult with City staff and legal counsel as he/she deems appropriate. Any such interpretations and rulings may be made during the course of review of a project and may be made as part of staff comments in response to specific proposals made by an applicant. In the event an applicant disagrees with an interpretation or ruling made by the Director of Development Services, the applicant may request a meeting of the Development Review Committee which will be held within ten (10) working days from the date of receipt of a written request. Any such written request shall identify the specific interpretation or ruling which is disputed and the alternative interpretation or ruling proposed by the applicant. All such requests shall be filed in writing with the Director of Development Services. The Development Review Committee may sustain, overrule or modify the interpretation or ruling made by the Director of Development Services.

F.

City Commission Decisions Final.

(1)

Decisions of the Development Review Committee pursuant to Section 5-3.3.E., above, may be appealed to the City Commission by filing a written notice of appeal with the City Clerk within ten (10) days from the date of the decision of the Development Review Committee. Any such appeal shall state with specificity the decision of the Development Review Committee being appealed and the action which the appellant is requesting be taken by the City Commission. The decision of the City Commission shall be final.

(2)

Any interpretations and rulings made by the Director of Development Services or the Development Review Committee as set forth above may be sustained, overruled or modified by the City Commission at such time as the project is considered by the City Commission, without regard to whether an appeal has been filed. The provision of a review process as set forth in Section 5-3.3.E., above, is not intended to bind the City Commission with respect to decisions and matters not expressly brought before the City Commission.

G.

Recognition of Existing Agreements.

Nothing herein is intended (1) to abrogate any vested rights which may have been or may hereafter be granted by the City to an applicant, (2) to amend or in any way modify any provision of any development order, developer agreement, annexation agreement, or other agreement entered into with the City prior to the effective date of this Section 5-3.3, or (3) to modify, amend or in any way negate any preliminary or final site plan approvals granted by the City prior to the effective date of this Section 5-3.3; provided, however, that the City may require as a condition of approval of any revision to a previously approved preliminary or final site plan, or any extension thereof that such plan be revised so as to conform with this Section to the extent practical. In the event that a dispute arises between the applicant and the City as to whether a requested revision is practical, such dispute shall be decided in accordance with the procedures set forth in Section 5-3.3.E. and Section 5-3.3.F., above.

Editor's note— Exhibits "A" and "B" are not set out herein but are available for inspection in the office of the City Clerk.