A.

Establishment of Geographic Boundaries of State Road 429 Overlay Area, Plant Street Character Area, Business Center Character Area, and Interchange Village Character Area; 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 the State Road 429 Overlay Area, the specific geographic boundaries of which are described in greater detail at Exhibit "A", attached hereto and incorporated herein by reference. The City Commission hereby directs that the boundaries of State Road 429 Overlay Area and Gateway District be shown on the Official City Zoning Maps 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 the Plant Street Character Area within the State Road 429 Overlay Area, the specific geographic boundaries of which are described in greater detail at Exhibit "B", attached hereto and incorporated herein by reference. The City Commission hereby directs that the boundaries of the Plant Street Character Area within the State Road 429 Overlay Area be shown on the Official City Zoning Maps 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 the Business Center Character Area within the State Road 429 Overlay Area, the specific geographic boundaries of which are described in greater detail at Exhibit "C", attached hereto and incorporated herein by reference. The City Commission hereby directs that the boundaries of Business Center Character Area within the State Road 429 Overlay Area be shown on the Official City Zoning Maps 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)

Pursuant to Section 4-6 of the Ocoee Land Development Code, the City Commission hereby creates the Interchange Village Character Area within the State Road 429 Overlay Area, the specific geographic boundaries of which are described in greater detail at Exhibit "D", attached hereto and incorporated herein by reference. The City Commission hereby directs that the boundaries of Interchange Village Character Area within the State Road 429 Overlay Area be shown on the Official City Zoning Maps 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.

(5)

Parcels of land located directly adjacent to the boundaries of a Character Area within the State Road 429 Overlay Area shall be subject to the intent of the design principals and may be subject to relevant development standards as described in the Design Plan for the Character Area to which the parcel is adjacent.

(6)

Portions of the State Road 429 Overlay Area are within unincorporated Orange County. Said areas are collectively referred to herein as the "Unincorporated State Road 429 Overlay." Notwithstanding any provision contained herein to the contrary, this Section 5-3.4 shall not be applicable to any portion of the Unincorporated State Road 429 Overlay unless and until such portions of the Unincorporated State Road 429 Overlay is annexed into the corporate limits of the City of Ocoee. The inclusion of the Unincorporated State Road 429 Overlay is for illustrative purposes only and is intended solely to place such lands on notice that they will be subject to this Section 5-3.4 in the event of annexation into the corporate limits of the City of Ocoee.

B.

Adoption of Character Area Design Plans for the Character Areas within the State Road 429 Overlay Area.

(1)

Plant Street Character Area Design Plan.

The City Commission hereby finds the Plant Street Character Area Design Plan or "Plant Street Design Plan", dated June, 2017, which is on file with the City Clerk, complies with the requirements and criteria set forth in Section 4-6 of the Ocoee Land Development Code and the Ocoee Comprehensive Plan and hereby adopts and enacts for the Plant Street Character Area within the State Road 429 Overlay Area, the Plant Street Design Plan. To the extent the standards set forth in the Plant Street Design Plan and this ordinance conflict with the standards set forth in other provisions of the Land Development Code, the Plant Street Design Plan and this ordinance, as applicable, shall control.

(2)

Business Center Character Area Design Plan.

The City Commission hereby finds the Business Center Character Area Design Plan or "Business Center Design Plan", dated June, 2017, which is on file with the City Clerk, complies with the requirements and criteria set forth in Section 4-6 of the Ocoee Land Development Code and the Ocoee Comprehensive Plan and hereby adopts and enacts for the Business Center Character Area within the State Road 429 Overlay Area, the Business Center Design Plan. To the extent the standards set forth in the Business Center Design Plan and this ordinance conflict with the standards set forth in other provisions of the Land Development Code, the Business Center Design Plan and this ordinance, as applicable, shall control.

(3)

Interchange Village Character Area Design Plan.

The City Commission hereby finds the Interchange Village Character Area Design Plan or "Interchange Design Plan", dated June, 2017, which is on file with the City Clerk, complies with the requirements and criteria set forth in Section 4-6 of the Ocoee Land Development Code and the Ocoee Comprehensive Plan and hereby adopts and enacts for the Interchange Village Character Area within the State Road 429 Overlay Area, the Interchange Design Plan. To the extent the standards set forth in the Interchange Design Plan and this ordinance conflict with the standards set forth in other provisions of the Land Development Code, the Interchange Design Plan and this ordinance, as applicable, shall control.

C.

Compliance with the Respective Character Area Design Plan.

(1)

In evaluating any proposed development or redevelopment within the State Road 429 Overlay Area, 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 Design Plan for the Character Area within which the development or redevelopment is located. In addition to being generally consistent with and in furtherance of the stated goals, illustrative guidelines, and long-term vision of the respective Design Plan, such development or redevelopment shall comply with the special development standards set forth in the respective Design Plan and this ordinance.

(2)

The provisions of Section 4-6 and 5-3.1.C.(4) of the Ocoee Land Development Code are hereby made applicable to all development and redevelopment within the State Road 429 Overlay Area. The Design Plan for the Character Area within which the development or redevelopment is located shall apply only within the specific geographic areas set forth in this ordinance and shall apply in the Unincorporated State Road 429 Overlay Area 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 in the Plans, all underlying zoning uses and land use entitlements within a Character Area shall remain in full force and effect for each parcel within the character area 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 character area 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)

To the extent that any of the lands located within a Character Area are being used as of July 18, 2017, with one or more of the prohibited uses set forth in the Plans, such use may continue as a nonconforming use of the land as provided in Section 5-10.C. of the Ocoee Land Development Code.

E.

City Commission Decisions Final.

Administrative waivers and alternative compliance with the criteria stated in the Plan are provided for in Appendix A to the plan. In all matters involving the State Road 429 Overlay Area and the respective Character Area Plans, the decision of the City Commission shall be final.

F.

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 July 18, 2017, or (3) to modify, amend, or in any way negate any preliminary or final site plan approvals granted by the City prior to July 18, 2017; 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 the Character Area Plan to the extent practicable. In the event that a dispute arises between the applicant and the City as to whether a requested revision is practicable, such dispute shall be handled in accordance with the administrative waiver and alternative compliance methodology set forth in Appendix A to the plan.

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