HomeMy WebLinkAboutItem #06 CRA Target Areas Special Development Plan
Meeting Date: July 6, 2010
Item #
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Contact Name:
Contact Number:
Russ Wagner
X 1016
Reviewed By:
Department Director:
City Manager:
Subject: eRA Target Areas Special Development Plan
land Development Code Amendment, Ordinance # 2010 -
Commission District 3 - Rusty Johnson
Background Summary:
In order to implement the goals identified for the Ocoee Community Redevelopment Area (CRA), the CRA
Board budgeted funds to hire a consultant to assist in the development of an Overlay Plan. In June of 2009, a
contract was entered into with Glatting, Jackson, Kercher & Anglin (now AECOM) to initiate a visioning process.
This process would lead to the creation of a Regulating Plan which would guide growth within the CRA and
certain areas adjacent thereto which were included in the original blight study, but which are not located within
the CRA. As visioning unfolded, three primary target areas were identified which offered the greatest potential
for development to meet the overall objectives of the Ocoee CRA Redevelopment Plan. The CRA Target Areas
are located within the Minorville and Lake Bennet Activity Centers. The attached CRA Target Areas Special
Development Plan is the culmination of many months of work with local stakeholders, land owners, developers,
local businesses, hospital staff, and City officials to create a planning guide encapsulating a shared vision for
new growth. This process creates a vision and provides an interim mechanism that may be used to allow
quality development to occur within the Target Areas prior to execution of a true form-based code.
Throughout the creative process of the plan, staff and the consultants have worked diligently to secure input
from a wide range of citizens to help form the overall vision for the CRA. Of significant importance, the project
team has held numerous input and update meetings with key landowners within each target area to solicit
guidance and feedback. In addition to the development of a framework plan which sets broad parameters for
growth, each Target Area Plan exhibits unique characteristics which are site specific and which fit the needs of
the owners.
Target Area 1 exhibits the most structured development pattern and offers the highest potential for urban forms
or mixed use, multi-story development. A precise system of internal roadways, which take into account land
ownership lines and future transportation network needs, creates a block system promoting intensive
development.
Target Area 2 provides for a hybrid form of growth with a more suburban pattern proximate to S.R. 50 and
Bluford Avenue with a higher order of urban blocks promoted for the remainder of the area. The centerpiece
Maine Street extension will extend from Bluford Avenue over to Maguire Road to open this area up for more
intensive mixed-use development.
Target Area 3 is the Health Central Hospital site which contemplates a structured roadway system offering a
more predictive pattern of development while also opening the site to a wider variety of hospital-related uses.
This plan contemplates that a more precise master plan may be developed over time as hospital functions are
better defined.
While the CRA Target Areas depicted portions of unincorporated Orange County, any such lands located within
unincorporated Orange County will only be subject to the CRA Target Areas Special Development Plan and the
proposed Ordinance upon annexation into the corporate limits of the City.
The CRA Target Areas Special Development Plan also looked at the uses which are currently permitted within
the CRA Target Areas based on the existing underlying zoning and evaluated whether any such uses are
incompatible with the goals and objectives of the CRA Target Areas Special Development Plan. Certain
incompatible uses were identified and are proposed to be prohibited within the CRA Target Areas. The specific
prohibited uses are set forth in the CRA Target Areas Special Development Plan and the proposed Ordinance.
Additionally, a proposed land use within the CRA Target Areas which is inconsistent with the underlying zoning
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.
As noted, the CRA Target Areas are located within Activity Centers previously adopted by the City Commission.
As a result, land use entitlements within the CRA Target Areas may be horizontally and/or vertically mixed
between parcels upon agreement of the landowner and the City.
The adoption of the proposed Ordinance will change the Official City Zoning Map by showing the CRA Target
Areas on the map with a reference to the existence of the special development standards.
The Development Services Director will be charged with interpreting all issues related to potential conflicts
between the CRA Target Areas Special Development Plan and the Land Development Code. Decisions of the
Director may be appealed to the DRC and decisions of the DRC may be appealed to the City Commission.
Consistency with Comprehensive Plan:
The CRA Target Areas Special Development Plan is consistent with a variety of Comprehensive Plan goals and
policies pertaining to mixed and multi-use development within activity centers as previously established by the
City along the S.R. 50 corridor. It is also consistent with provisions contained within the Ocoee Land
Development Code and is supplemental to plans previously adopted by the City. The attached Consistency
Determination identifies all provisions in the Comprehensive Plan and Land Development Code which support
the CRA plan.
No Effect on Existinq Aqreements and Approved Plans
The CRA Target Areas Special Development Plan and proposed Ordinance will not amend or modify any
existing agreements entered into by the City or any plans previously approved by the City. Further, there will be
no effect on any vested rights which may have previously been granted by the City.
Issue:
Should the Honorable Mayor and City Commissioners adopt an amendment to the Land Development Code to
establish the CRA Target Areas Special Development Plan and find such amendment to be consistent with the
Ocoee Comprehensive Plan and direct that the Official City Zoning Map be changed to reference the existence
of special development standards and prohibited uses within the CRA Target Areas?
2
ORC Recommendations:
On June 2, 2010, the DRC met to review the proposed CRA Target Areas Special Development Plan and voted
unanimously to recommend that the Ocoee Planning and Zoning Commission, acting as the Local Planning
Agency, find the CRA Target Areas Special Development Plan consistent with the goals and policies of the
Ocoee Comprehensive Plan, and further, recommended its adoption and approval by Ordinance as an
amendment to the Ocoee Land Development Code and also recommended that the Official City Zoning Map be
changed to reference the existence of special development standards and prohibited uses within the CRA
Target Areas as set forth in the proposed Ordinance and the CRA Target Areas Special Development Plan.
Planning and Zoning Commission Recommendations:
On June 8, 2010, the Planning and Zoning Commission met in a joint meeting with the Ocoee Community
Redevelopment Agency Board of Directors. After listening to the joint meeting presentation by AECOM and
receiving input from the CRA Board, the Planning and Zoning commission discussed several questions related
to bus rapid transit and alternative transportation systems. Discussion also centered on the need for adequate
sidewalks, pathways and the provision of open space. Planning Commissioners expressed a desire that the
individual developments within the target areas faithfully conform to the vision set forth in the Special
Development Plan.
During the Public Hearing several land owners spoke in favor of the plan and complimented the staff on
incorporating their comments in the vision documents. One land owner was represented by an attorney who
said there were a number of changes they hoped could be worked out with staff and that a flexible approach
was desirable.
Upon a motion and second, the Planning and Zoning Commission, acting as the Local Planning Agency, voted
unanimously to find the CRA Target Areas Special Development Plan consistent with the goals and policies of
the Ocoee Comprehensive Plan, and further, recommended its adoption and approval by Ordinance as an
amendment to the Ocoee Land Development Code, and also recommended that the Official City Zoning Map
be changed to reference the existence of special development standards and prohibited uses within the CRA
Target Areas as set forth in the proposed Ordinance and the CRA Target Areas Special Development Plan.
Subsequent Meetings:
At the direction of the Mayor and City Commission, Staff continued dialog with property owners in the Target
Areas to solicit any final changes that would benefit the Special Development Plan. This input included many
telephone discussions, individual meetings, and a conference call plus a special meeting with Target Area 2
owners downtown at the AECOM offices.
As a result of these meetings, Staff received a variety of correspondence from various stake-holders including
recommended changes to the Ordinance as well as other changes that they wished to be considered for
inclusion into the Special Development Plan document itself. Excerpts from these various correspondences are
attached.
The attached "CRA Target Areas Special Development Plan -- Proposed Revisions" are changes Staff is
recommending for inclusion into the document. They include changes beneficial to and which further the
intents of the Target Area Plans, plus include changes which correct typical scrivener-type errors. A number of
owner recommendations were not included, since many of these requirements are already covered in the City's
Land Development Code (LDC), namely; stormwater management, tree removal, traffic access, phasing,
financing and park space. Additionally, the revised Ordinance, which incorporates the Special Development
Plan into the City's LDC, includes many of the recommended changes proposed by the property owners, which
mostly promote a more flexible project review and approval procedur e.
Staff Recommendations:
Staff respectfully recommends that the Mayor and City Commissioners find the proposed CRA Target Areas
Special Development Plan dated July, 2010, including proposed revisions thereto, consistent with the goals and
policies of the Ocoee Comprehensive Plan, and further recommends its approval and adoption by Ordinance,
as revised, as an Amendment to the Ocoee Land Development Code, including a change to the Official Zoning
Map to reference the existence of special development standards and prohibited uses within the CRA Target
Areas as set forth in the adopted Ordinance and CRA Target Areas Special Development Plan.
Attachments:
CRA Target Areas Special Development Plan w/proposed revisions thereto
Consistency Determination
Proposed Ordinance 2010-_ w/proposed revision thereto
Property Owners Correspondence (Excerpts)
Financial Impact:
Type of Item: (please mark with an "x'j
Public Hearing
_ Ordinance First Reading
~ Ordinance Second Reading
Resolution
_ Commission Approval
Discussion & Direction
For Clerk's Deot Use:
Consent Agenda
~ Public Hearing
_ Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by 0
N/A
N/A
N/A
O:\Staff Reports\Staff Reports 201 O\SR100027 _R BW_C RA_ TargetAreasSpDevPlan_CC2.doc
4
CRA TARGET AREAS SPECIAL DEVELOPMENT PLAN
PROPOSED REVISIONS
1. Revise front and back cover pages as follows: Put "July 2010" on front cover and delete "June
2010" from back cover
2. p. 4 - Change Planning & Zoning Chairman to Bradley Campbell and put his name at the top of the
list.
3. p. 16 - Revise Map to show extension of Hemple Avenue north of SR 50 to round-about
4. p. 16 - Revise Map to move the road leading into hospital site from Old Winter Garden Road at the
east edge of property to the eastern exiting right-of-way.
5. p. 33 - Insert the following under "Target Areas Regulating Plan Applicability;"
Wetland and Floodplain boundary lines shown on maps in this Regulating Plan are
conceptual only and must be field verified in connection with any development applications.
6. p. 36 - Delete "Agricultural Uses" as a Prohibited Use as this is already addressed in Code.
7. p. 52 - Delete "and development conditions" from Zoning Regulating Plan.
8. p. 52 - Delete from Road Network the following sentence: "The Zoning Regulatory Plan...and
prohibited uses (see page 36)."
9. pp. 53, 55, 56 + 57 - Change wetland line to better reflect actual conditions in the field as shown on
revised maps attached hereto
10. p. 54 - Change table as follows for Sub-Area 1: Maximum block perimeter: 3500
11. p. 54 - Change table as follows for Sub-Area 1: Commercial parking to permit up to 5 retail spaces
per 1,000 sq. ft.
12. p. 54 - Change Table as follows:
(i) Change "Park Space" to "Park and/or Open Space"
(ii) Change "Public Edge of Lake Bennet" to "Public Access to Edge of Lake Bennet" and
indicated "100%" as applicable in Sub-Area 1 and Sub-Area 2 (deleting reference to 60% in
Sub-Area 2)
13. p. 69 - Change Target Area "2" to "Target Area "3" in Zoning Regulating Plan and delete "and
development conditions"
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I Overall Development Plan and Standards
For Target Area 2, the City will require development to be in the form of a 500' block structure connected to the Main Street.
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Legend
100. Year Floodplain
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11 Sub Area 1 . Suburban Design
I Sub Area 2 . Urban Design
- Proposed Roadway
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eRA Target Areas City of Ocaee
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eRA Target ,Area :2
Sub-Area Development Standards
For the purpose of applying developmenr standards, Target Area 2 has been divided into two general sub-areas (Sub-Area 1 and Sub-Area 2, see diagram on page 53).
Standards such as block size, FAR, building frontage, parking ratios and setbacks are all regulated by sub-area. Sub-Area 1, which is located along the frontage of Bluford
Avenue, provides for a more conventional suburban design, with greater maximum setbacks and less building frontage, while Sub-Area 2 is intended to be a more urban
environment with a smaller block size and buildings up to the street.
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Minimum Maximum Minimum Maximum
Block WidrhlDepth (ft) 250 700 250 400
Block Perimeter (ft) 1000 ~~.. 1000 1500
Block Frontage (% of total block perimeter) ~I;OO7
FAR Less than 0.25 15 .. Nor Allowed
FAR 0.25 to 0.50 25 -- GO ..
FAR 0.5/ to 0.75 GO -- 70 ..
FAR 0.76 to /.00 80 .. 80 ..
FAR GrtllUr tban 1.00 80 .. 80 n
Building Height (stories) I 5 2 8
Building Setbacks .A ...~ ~I .~.1'AC~ 0 15 0 15
Park SpacPf"% of total area) ., 10 .. 10 ..
Parking
Commacitl/ (spawlIOOO SF GLA) 2.5 ~~.O 2.5 4.0
R~$ttllmmt 10 15 5 10
OjJirt (!pacts/IOOO SF GLA) 2.5 4.0 2.5 4.0
Rrsidmtial (JpawIDU) 1.5 2.5 I 2.5
Setback from Bluford Avenue and SR 50 (ft) - 25 350 Not Applicable -~
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Example Block Structures
In addition to the network and sub-area standards, the Development Plan provides three optional example block structure designs that meet the requirements of the
tegulating plan. All three examples maintain the two main east-west streets, thought they differ slightly in their alignment. Each example also contains 14 development
blocks with a range of dimensions. Larger blocks are generally located to the western side of the Target Area and smaller blocks to the east of the site. All Examples
have at least two access points on Bluford Avenue, one on State Road 50, and one on Blach:wood Avenue. Each example also maintains a park edge adjacent ro Lake
Bennet in the south and the wetland system to the north. Details of the unique features of each example are provided in this section of the reporl.
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Optional Example Block Structure 1
This example features a unique alignment for Road "8" which includes a bifurcated one-way pair enclosing a linear park. The eastern side includes a smaller block structure that
incorporates small park squares at the interior intersections. Example 1 is the only structure that has a stretch of private edge to Lake Bennet that is not fronted by a road.
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CRA Target Areas City of Ocoee
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Optional Example Block Structure 2
Example 2 has the deepest frontage on Bluford Avenue, allowing for large development blocks and accommodating larger format commercial buildings.
eRA Target Areas City of Ocoee
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Optional Example Block Structure 3
Example 3 features the narrowest development blocks adjacent to Bluford Avenue of the three examples, allowing room for smaller-scale frontage commercial. Larger del'elopment
blocks are interior to the site and some streets have a more curvilinear pattern. Unlike Examples 1 and 2, Example 3 has only two access points from Bluford Avenue.
eRA Target Areas City of Ocoee
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57
- --------.----------------.----- .-
CRA TARGET AREAS SPECIAL DEVELOPMENT PLAN ORDINANCE
CONSISTENCY DETERMINATION
OCOEE COMPREHENSIVE PLAN
Goals & Policies
Future Land Use Element 1.4
1.7
2.1
2.2
2.3
2.6
2.7
2.8
2.10
3.1
3.2
3.4
4.1
7.3
7.4
7.5
Conservation Element
1.4
3.3
Recreation & Open
Space Element
4.1
4.4
5.6
6.2
7.2
7.3
7.4
7.5
7.6
Transportation Element 2.2.1
2.2.2
2.2.4
2.3.1
2.3.2
2.3.3
2.3.5
2.4.2
2.6.1
2.7.1
2.7.2
2.7.3
2.8.1
2.8.6
3.2.1
3.2.3
OCOEE LAND DEVELOPMENT CODE
Article 4-6 Special Overlay Districts
Article 5-3.1 Special Overlay Area
Article 5-3.2 Ocoee State Road 50 Activity Center Special Development Plan
REDLINE COpy OF ORDINANCE SHOWING CHANGES FROM
VERSION PRESENTED AT CITY COMMISSION MEETING OF JUNE 15
,
2010. [NOTE: NO CHANGES HAVE BEEN MADE TO THE TITLE OF
THIS ORDINANCE.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO AMENDING THE OCOEE LAND
DEVELOPMENT CODE, CHAPTER 180 OF THE OCOEE CITY
CODE BY ADDING A NEW SECTION 5-3.3 ENTITLED CRA
TARGET AREAS SPECIAL DEVELOPMENT PLAN;
ESTABLISHING GEOGRAPHIC BOUNDARIES OF SPECIAL
OVERLAY AREAS WITHIN THE MINORVILLE AND LAKE
BENNET ACTIVITY CENTERS, SAID AREAS BEING
REFERRED TO AS CRA TARGET AREAS 1, 2 AND 3;
EXCLUDING APPLICABILITY TO LANDS LOCATED IN
UNINCORPORATED ORANGE COUNTY; ADOPTING A
SPECIAL DEVELOPMENT PLAN FOR THE CRA TARGET
AREAS, INCLUDING AN INTRODUCTION, CRA FRAMEWORK
PLAN, COMMUNITY PARTICIPATION PROCESS AND TARGET
AREAS REGULATING PLAN; PROVIDING THAT THE CRA
TARGET AREAS SPECIAL DEVELOPMENT PLAN IS
SUPPLEMENTAL TO OTHER PROVISIONS OF THE LAND
DEVELOPMENT CODE; REQUIRING COMPLIANCE WITH
THE CRA TARGET AREAS SPECIAL DEVELOPMENT PLAN;
PROVIDING THAT UNDERLYING ZONING USES AND LAND
USE ENTITLEMENTS REMAIN IN PLACE; PROHIBITING
CERTAIN SPECIFIC USES WITHIN THE CRA TARGET AREAS
WHICH MAY BE OTHERWISE PERMITTED UNDER
APPLICABLE ZONING REGULATIONS; PROVIDING FOR
INTERPRETATION AND APPEALS; PROVIDING THAT CITY
COMMISSION DECISIONS ARE FINAL; PROVIDING FOR THE
RECOGNITION OF EXISTING AGREEMENTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance Number 98-12 adopted July 21, 1998, the City
Commission established the geographic boundaries of the Minorville Activity Center and the Lake
Bennet Activity Center; and
ORLA 154J1Qra.215431963 [June a.2E. 2010]
ORLA_1586009.1
WHEREAS, Section 5-3.1(D) of the Ocoee Land Development Code contemplated that
individual special development plans would be prepared within the Activity Centers 111
cooperation with landowners having properties having properties situated in these areas; and
WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, and Sections
4-6 and 5-3.1 of the Ocoee Land Development Code, the Ocoee Planning and Zoning
Commission, acting as the Local Planning Agency of the City (the "LP A") held an advet1ised
public hearing on June 8, ~20 1 O. to review and consider the "CRA Target Areas Special
Development Plan" within portions of the Minorville Activity Center and the Lake Bennet
Activity Center and the creation of additional special overlay areas within said Activity Centers;
and
WHEREAS, after consideration of the comments raised at the public hearing, the LPA
found the CRA Target Areas Special Development Plan to be consistent with the Ocoee
Comprehensive Plan and recommended that the City Commission adopt the CRA Target Areas
Special Development Plan and establish the geographic boundaries of the portions of the Activity
Centers affected thereby; and
WHEREAS, pursuant to Chapter 163 and Section 166.041 (3)( c )(2), Florida Statutes, and
Sections 4-6 and 5-3.1 of the Ocoee Land Development Code, the Ocoee City Commission held
advertised public hearings on June 15, 2010 and July 6, 2010 to receive public comment on this
Ordinance, the CRA Target Areas Special Development Plan, and the geographic boundaries of
CRA Target Area 1, CRA Target Area 2 and CRA Target Area 3; and
ORLA_154 d 1119.21543196.3
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WHEREAS, the City Commission finds and determines that this Ordinance is consistent
with and implements the City ofOcoee Comprehensive Plan and the adoption of this Ordinance is
in the best interests of the City.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee 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. Section 5-3.3 of Article V of Chapter 180 of the Code of
Ordinances of the City ofOcoee, Florida, is hereby adopted as follows:
Section 5-3.3. CRA TARGET AREAS SPECIAL DEVELOPMENT PLAN
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 ofCRA Target Area 1 being
as depicted in Exhibit "A" attached hereto. 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 ofthe Ocoee Land Development Code, the City
Commission hereby creates as a Special Overlay Area within a p0l1ion of the Minorville
Activity Center and a p0l1ion 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 ofCRA Target Area 2 being as depicted in Exhibit "A"
attached hereto. 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
ORLA 1li1J1QG.215431963
ORLA_1586009.1
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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 p011ion 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 ofCRA Target Area 3 being
as depicted in Exhibit "A" attached hereto. 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 ofCRA 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 ofOcoee.
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 Julv 20 I 0 attached hereto as Exhibit "B" and by this reference
made a part hereof. alon!! with such chan!!es as mav be made bv the Ocoee Citv
Commission in connection with the adontion of this Section 5-3.3 of the Ocoee Land
Develooment 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 Dav Public
~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.
ORLA 154:l1Qll.215431963
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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 I 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 I Regulating Plan, CRA Target Area 2 Regulating Plan, and/or CRA Target
Area 3 Regulating Plan shall control and supercede the standards set f0l1h 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 I 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 f0l1h in the
Commercial and Industrial Development Regulations, the CRA Target Area I Regulating
Plan, CRA Target Area 2 Regulating Plan, and/or CRA Target Area 3 Regulating Plan
shall control and supercede 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 contro\.
C. Compliance with Special Development Plan for CRA Target Areas.
I. Allin evaluating anv orooosed development afldor redevelopment within
the CRA Target Areas referenced in Section 5-3.3.A shall comply ,t'iiththe City shall
consider whether such orooosed develooment or redevelooment is generallv consistent
with and in furtherance of the stated goals. illustrative guidelines and long-term vision of
the CRA Target Areas Special Development Plan and the special regulations and
standards set forth herein; provided, however, that. In addition to being generallv
consistent with and in furtherance of the stated !!Gals. illustrative guidelines and long-term
vision. such develooment or redevelooment shall comolv with the soecial develooment
standards set forth in the CRA Target Areas Regulating Plan for the CRA Target Area in
which such develooment or redevelooment is orooosed. i.e.. (i) the subsection regarding
the CRA Target Area I Regulating Plan shall be applicable only to CRA Target Area I;
(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.
ORLA 154J1Qe.215431963
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2. The provisions of Section 4-6 and 5-3.I(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 that I gas station shall be permitted in Block I of
CRA Target Area 1); (i) fast food restaurants with drive-through facilities; U) outdoor
garden center unless enclosed; (k) outdoor lumber sales unless enclosed; (I) mobile homes;
(m) automotive body repairs; (n) miniature golfoI' driving range; (0) agricultural uses; (p)
motor vehicle wholesale; (EtW recreational vehicle park; (Fg) storage warehouse; (st)
industrial/warehouse uses; (t-~ automotive wrecking/salvage parks; (aD commercial
convenience with or without gas sales (except that 1 commercial convenience with gas
sales shall be permitted in CRA Target Area 2); and ("fyJ car washes.
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 or more of the uses prohibited by Section 5-
3.3.0.3 above, such use may continue as a nonconforming use ofland as provided in
Section 5-1 O.C of the Ocoee Land Development Code.
E. Interpretation; .^.ppeals and Administrative Review.
Notwithstanding any provision in the Ocoee Land Development Code to the contrary, the
Community Director of Development Director shall interpret all issues related to Services
shall interpret and rule on all issues related to (i) whether a proposed development or
redevelopment plan is l!enerallv consistent with and in furtherance of the stated l!oals.
illustrative l!uidelines and 10nQ.-term vision of the CRA Tarl!et Areas Special Development
Plan. and (in conflicts or potential conflicts between the CRA Target Areas Special
ORLA 154J1Qa.215431963
ORLA_1586009.1
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Development Plan and the Ocoee Land Development Code after consultation "''lith the;.
The Director of Development Services mav consult with City Staff, as staff and legal
counsel as he/she deems appropriate, whose administrati'le interpretatioRs may be
appealed to the Development Revie\'l Committee. In the event a person. Anv such
interpretations and rulings mav be made during: the course of review of a proiect and mav
be made as part of staff comments in response to specific proposals made bv an appl icant.
In the event an applicant disagrees with an interpretation or decision rulinrr made by the
Community Director of Development Director, then they 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. All such appeals Anv
such written reauest shall identify the specific interpretation or rulinll which is disputed
and the alternative interpretation or rulinll proposed bv the applicant. All such reauests
shall be filed in writing with the Community Development Director of Development
Services. The Development Review Committee may sustain. overrule or modifY the
interpretation or decision ruling made by the Community Director of Development
Director Services.
F. City Commission Decisions Final.
I. Decisions of the .QRG-Develonment 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
9RG Development Review Committee. Any such appeal shall state with specificity the
decision of the .QRG-Develonment 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. Anv interpretations and ruling:s made bv the Director of Development
Services or the Development Review Committee as set forth above mav be sustained.
overruled or modified bv the Citv Commission at such time as the proiect is considered bv
the Citv Commission. without rellaI'd to whether an anpeal 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 Citv
Commission with respect to decisions and matters not expresslv broullht 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 anyway anv wav
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
ORLA 154J1Qll.215431963
ORLA_1586009.1
-7-
be revised so as to conform with this Section to the extent practical. In the event that a
disoute arises between the aoolicant and the City as to whether a requested revision is
oractical. such disoute shall be decided in accordance with the orocedures set forth in
Section 5-3.3.E and Section 5-3.3.F above.
SECTION 3. 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 4. Codification. It is the intention of the City Commission of the City
that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances
of the City; and that sections of this Ordinance may be renumbered or relettered and the word
"ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or
phrase in order to accomplish such intentions; and regardless of whether such inclusion in the
Code is accomplished, sections of this Ordinance may be renumbered or relettered and the
correction of typographical errors which do not affect the intent may be authorized by the City
Manager, without need of public hearing, by tiling a corrected or recodified copy of same with the
City Clerk.
SECTION 5. Effective Date. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this _ day of
,2010.
ORLA_154J1Qe.215431963
ORLA_1586009.1
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ATTEST:
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 ,2010.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA 154J1Qij.215431963
ORLA_1586009.1
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED ,2010 and
,2010
READ FIRST TIME ,2010
READ SECOND TIME AND ADOPTED
,2010
UNDER AGENDA ITEM NO.
-9-
EXHIBIT "A"
Geographic Boundaries of Special Overlay Areas for eRA Target Areas
EXHIBIT "B"
CRA TARGET AREAS SPECIAL DEVELOPMENT PLAN
See attached Special Development Plan: dated Julv 20 I O.
ORLA 154:11Q6.215431963
ORLA_1586009.1
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2010 with Special Development Plan
Document 2 10 interwovenSite://OHSPRDMS01/0RLA/1543196/3
Description #1543196v3<ORLA> - v3 CRA Target Area Ordinance
2010 with Special Development Plan
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ORLA_1586009.1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO AMENDING THE OCOEE LAND
DEVELOPMENT CODE, CHAPTER 180 OF THE OCOEE CITY
CODE BY ADDING A NEW SECTION 5-3.3 ENTITLED CRA
TARGET AREAS SPECIAL DEVELOPMENT PLAN;
ESTABLISHING GEOGRAPHIC BOUNDARIES OF SPECIAL
OVERLAY AREAS WITHIN THE MINORVILLE AND LAKE
BENNET ACTIVITY CENTERS, SAID AREAS BEING
REFERRED TO AS CRA TARGET AREAS 1, 2 AND 3;
EXCLUDING APPLICABILITY TO LANDS LOCA TED IN
UNINCORPORATED ORANGE COUNTY; ADOPTING A
SPECIAL DEVELOPMENT PLAN FOR THE CRA TARGET,
AREAS, INCLUDING AN INTRODUCTION, CRA FRAMEWORK
PLAN, COMMUNITY P ARTICIP A TION PROCESS AND TARGET
AREAS REGULATING PLAN; PROVIDING THAT THE CRA
TARGET AREAS SPECIAL DEVELOPMENT PLAN IS
SUPPLEMENTAL TO OTHER PROVISIONS OF THE LAND
DEVELOPMENT CODE; REQUIRING COMPLIANCE WITH
THE CRA TARGET AREAS SPECIAL DEVELOPMENT PLAN;
PROVIDING THAT UNDERLYING ZONING USES AND LAND
USE ENTITLEMENTS REMAIN IN PLACE; PROHIBITING
CERTAIN SPECIFIC USES WITHIN THE CRA TARGET AREAS
WHICH MAY BE OTHERWISE PERMITTED UNDER
APPLICABLE ZONING REGULA TIONS; PROVIDING FOR
INTERPRETATION AND APPEALS; PROVIDING THAT CITY
COMMISSION DECISIONS ARE FINAL; PROVIDING FOR THE
RECOGNITION OF EXISTING AGREEMENTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance Number 98-12 adopted July 21, 1998, the City
Commission established the geographic boundaries of the Minorville Activity Center and the Lake
Bennet Activity Center; and
ORLA_1543196.3 [June 29, 2010]
WHEREAS, Section 5-3.1 (D) of the Ocoee Land Development Code contemplated that
individual special development plans would be prepared within the Activity Centers in
cooperation with landowners having properties situated in these areas; and
WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, and Sections
4-6 and 5-3.1 of the Ocoee Land Development Code, the Ocoee Planning and Zoning
Commission, acting as the Local Planning Agency of the City (the "LPN') held an advertised
public hearing on June 8, 20 I 0, to review and consider the "CRA Target Areas Special
Development Plan" within portions of the Minorville Activity Center and the Lake Bennet
Activity Center and the creation of additional special overlay areas within said Activity Centers;
and
WHEREAS, after consideration of the comments raised at the public hearing, the LPA
found the CRA Target Areas Special Development Plan to be consistent with the Ocoee
Comprehensive Plan and recommended that the City Commission adopt the CRA Target Areas
Special Development Plan and establish the geographic boundaries of the portions of the Activity
Centers affected thereby; and
WHEREAS, pursuant to Chapter 163 and Section 166.041(3)(c)(2), Florida Statutes, and
Sections 4-6 and 5-3.1 of the Ocoee Land Development Code, the Ocoee City Commission held
advertised public hearings on June 15, 2010 and July 6, 20 I 0 to receive public comment on this
Ordinance, the CRA Target Areas Special Development Plan, and the geographic boundaries of
CRA Target Area 1, CRA Target Area 2 and CRA Target Area 3; and
ORLA_1543196.3
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WHEREAS, the City Commission finds and determines that this Ordinance is consistent
with and implements the City ofOcoee Comprehensive Plan and the adoption of this Ordinance is
in the best interests of the City.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee 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. Section 5-3.3 of Article V of Chapter 180 of the Code of
Ordinances of the City ofOcoee, Florida, is hereby adopted as follows:
Section 5-3.3. CRA TARGET AREAS SPECIAL DEVELOPMENT PLAN
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 ofthe 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 ofCRA Target Area I being
as depicted in Exhibit "A" attached hereto. 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 ofCRA 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 pOl1ion 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 hereto. 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
ORLA_1543196.3
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ORLA_1543196.3
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 ofthe 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 ofCRA Target Area 3 being
as depicted in Exhibit "A" attached hereto. 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 I, 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 ofCRA Target Area I, CRA Target Area 2 and CRA Target Area
3 are located within unincorporated Orange County. Said areas are collectively refelTed
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 ofOcoee.
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 20 I 0 attached hereto 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 I Regulating Plan, CRA Target Area 2 Regulating Plan,
and CRA Target Area 3 Regulating Plan.
-4-
ORLA_1543196.3
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 supercede 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
eRA 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 supercede 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.
-5-
ORLA_1543196.3
2. The provisions of Section 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 ofthe 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 that 1 gas station shall be permitted in Block I of
CRA Target Area 1); (i) fast food restaurants with drive-through facilities; U) outdoor
garden center unless enclosed; (k) outdoor lumber sales unless enclosed; (I) mobile homes;
(m) automotive body repairs; (n) miniature golf or driving range; (0) motor vehicle
wholesale; (p) recreational vehicle park; (q) storage warehouse; (I') industrial/warehouse
uses; (s) automotive wrecking/salvage parks; (t) commercial convenience with or without
gas sales (except that 1 commercial convenience with gas sales shall be permitted in CRA
Target Area 2); and (u) car washes.
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 or more of the uses prohibited by Section 5-
3.3.0.3 above, such use may continue as a nonconforming use ofland 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
-6-
ORLA_1543196.3
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 pm1 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 ofa 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
ofa 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.
-7-
SECTION 3. Severability. Ifany 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 4. Codification. It is the intention of the City Commission of the City
that the provisions of this Ordinance shall become and be made a pmi of the Code of Ordinances
of the City; and that sections of this Ordinance may be renumbered or relettered and the word
"ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or
phrase in order to accomplish such intentions; and regardless of whether such inclusion in the
Code is accomplished, sections of this Ordinance may be renumbered or relettered and the
correction of typographical errors which do not affect the intent may be authorized by the City
Manager, without need of public hearing, by filing a corrected or recodified copy of same with the
City Clerk.
SECTION 5. Effective Date. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this _ day of
,2010.
ORLA_1543196.3
-8-
ATTEST:
Beth Eikenbeny, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this _ day of ,2010.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_1543196.3
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED ,2010 and
,2010
READ FIRST TIME , 2010
READ SECOND TIME AND ADOPTED
,2010
UNDER AGENDA ITEM NO.
-9-
,....-
EXHIBIT" A"
Geographic Boundaries of Special Overlay Areas for eRA Target Areas
EXHIBIT "B"
CRA TARGET AREAS SPECIAL DEVELOPMENT PLAN
See attached Special Development Plan dated July 20 I O.
ORLA_1543196.3
-11-
Maine Blvd LLC
POBox 289
Windermere, FL 34786
June 9, 2010
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Craig A. Shadrix
Development Services Director
City of Ocoee
Hand Delivered
Dear Craig,
On February 18,2004 Maine Blvd submitted to the CityofOcoee a Concurrency &,
Preliminary Subdivision Plan application package in the name of Creekside, a Townhome
Community. March 24,2004 "Planning Comments" were sent by Ocoee's Development
Review Coordinator to Maine Blvd's engineer, Design Service Group, Inc. These
comments were responded to by Maine Blvd's engineer and several additional sets of
comments and responses were made uiltil sometime in the fall of 2004 the application
was put in suspense so that a master-plan of the entire village could be created.
I would like the Special Development Plan to reflect more accurately the jurisdictional
lines that were established in the previous Preliminary Subdivision Plan. Maine Blvd's
upland acreage has been significantly reduced (12 +/-acres verses 19 +/- acres) based on
the drawings for Target Area 2 as shown in the Special Development Plan. The wetland
lines as shown in the Special Development Plan, appear to follow the !.Tee line for the
property instead of the jurisdictional line as shown on the engineering submitted with the
application in 2004.
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. ~les [i ~wtilOme, Jr.
Managing Member
June 8,2010
Mr. Shadrix,
We wOllld like to make the following text amendments to the CRA Target Areas Special
Development Plan.
o The agriculture use mentioned on page 36. It is our understanding that preexisting
agriculture use, tree farms, shall be considered a "grandfather use" and shall continue to
operate.
o The block dimensions, Width/Depth, found on page 54. The block dimensions should
allow for blocks that are consistent with Exhibit "A", the proposed site plan.
fi) Block separation found on page 54. Blocks maybe separated by roads, drive aisles,
and/or "green space" for pedestrian use.
o The nOlihern road alignment noted on Exhibit "B" found on page 53. The nOlihern
connector road needs to be deleted, or match the existing proposed site plan, Exhibit "A"..
We would like to make sure that the proposed site plan, Exhibit "A", works with this
development plan. Ple~se consider these changes to the CRA Target Areas Special Development
Plan. Also, should there be some consideration in regards to the streetscape improvements with
CRA funds or Impact fees?
Than~
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The Hon. Mayor & City Commissioners
June 3,2010
Page 8
. 0 The proposed block dimensions in Target Area 2 would totally preclude any big box
retail uses. The maximum perimeter block size is limited to 2500 linear feet or 8.5 acres.
At best, this would allow a Publix with little complementing retail. In previous
discussions between my client and the City the City has stated that it would not be
opposed to properly done big box retail, as long as it is designed with urban elements.
However, this is not reflected in the Special Development Plan.
o The maximum parking allowed for retail uses is 4 per 1,000 square feet. Many retail
users require 5 spaces per 1,000 square feet in order to sign a lease for a new location.
The lack of flexibility here will seriously undermine property owners' ability to attract
desirable end-users to the Target Areas.
a In addition to the substantial amount of right-of-way the City wants in Target Area 2, the
City also desires a "bricked" 12 foot wide turn lane. A brick turn lane will add
significantly to the cost of the roadway and to the ongoing maintenance as well. The
Plan does not indicate at all how these increased costs are going to be paid.
o The Target Area 2 Plan calls for 60% of the edge of Lake Bennett to be public space. Is
the City going to. purchase this space or is it expected as an exaction from the property
owner? If it is expected as an exaction, what is the Property Owner receiving in
exchange for relinquishing such a fundamental property right as the right to exclude
others from his property? In a related question, is the 10% park space requirement
counted towards open-space requirements and will these park areas be dedicated to and
maintained by the City?
o The Target Area 2 Plan does not address the inherent conflict between the City's desire
for urban density and the City's tree replacement requirements. By necessity, urban style
development will necessitate the removal of a tremendous number of trees from
properties within Target Area 2. If a waiver is not granted, or if a specific provision is
not adopted for this area, developers will have to replace every tree over 8" DBH with
four new trees. The developer will also have to pay $100 per inch for each inch of tree
being removed for those trees that are over 24" DBH. This would appear to be a
significant disincentive to urban development within Target Area 2.
o Last, but certainly not least, if the City desires to have urban densities and intensities in
Target Area 2, a master stOlmwater plan is absolutely going to be required because
increased urban densitie's leave no land for individual stormwater management systems.
The cost to address this in an area-wide manner could be staggering and can only be
justified if there is, in fact, a market demand for the types of urban densities that are
desired by the City. The propeliy owners have not seen this type of demand. If the
City's consultants did a market study that justifies there recommendations and/or shows
that they would be financially feasible at this time, we would really appreciate getting a
copy of it and would, of course, be happy to pay the duplicating cost for it.
The Hon. Mayor & City Commissioners
June 3, 2010
Page 9
Based on the foregoing, we have a few simple requests of the Planning & Zoning Board
and of the Mayor and City Commissioners.
Our Requests:
1. Now that you have a draft plan people can actually review, reconvene the
stakeholders so they can review the plan, measure it against their expectations, identify
discrepancies and potential problems, identify potential solutions and refine the plan and reach
consensus before it goes for public hearing and adoption. It is hard to identify and correct all
potential problems or issues during limited public hearings. It just makes more sense to have the
draft plan vetted by the stakeholders before the hearings begin. Moreover, the City has just
commissioned a feasibility study that will playa large role in the development of a core feature
of the City's vision. This won't be done for months so what is the rush on pushing through this
particular version of the plan?
2. Modify the ordinance to allow flexibility and incrementalism in the modification,
revision or extension of existing development agreements or site plans. The City seems to be
taking an "all or nothing" approach when it comes to existing development rights. A developer
is forced to simply stick with the original approved plan of development, even though it may be
wholly inconsistent with the Target Plan requirements, or he has to suddenly comply with those
requirements. Why not specifically provide discretion to allow modifications that advance the
objectives of the Target Area Special Plan. In other words, while it may not make sense for the
developer physically or economically to fully comply with the Special Plan's requirements,
wouldn't it be better for the City if the development at least got closer to those objectives rather
than simply sticking 100% with the non-consistent original approved plCLl1?
3. Modify the Target Area 2 Plan to clarify that the intent with regard to access
points, particularly from Bluford Avenue, is to be flexible. The Target Area 2 Plan states that,
"The Plan also shows where access points from Bluford Avenue and State Road 50 are permitted
in addition to full intersections." p. 52. This implies that other access point locations will not be
permitted. However, the three "Example Block Structure" illustrations, which each purportedly
comply with the Plan, show different access points from Bluford, an inconsistency that is
specifically acknowledged in the caption for Optional Example Block Structure 3. p. 57. The
Plan should clarify that access points will be permitted based on the ultimate location of the east-
west through streets and required separation distances.
I realize that I have presented you with much infonnation and I do apologize for the
length of this letter. It should, however, demonstrate to you that we are, in reality, supportive of
the concept of CRA Target Areas with Special Plan Overlays, provided that they have been
thoroughly reviewed and vetted, not just by the planning staff and consultants, but by the
stakeholders who will have to live with the implementation phase of the Special Development
Plan. My clients, and I am sure the other property owners involved with these Target Areas, are
taking this very, very seriously and want to make sure that all of the stakeholders have a full and'
thorough chance to review, vet and offer any necessary revisions before this plan becomes the
law of the land.
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~i'OTICE OF ZONING MAP CHANGE
BY;C-REATING..SPECIAL' OVERLAY
AREAS'WITHINJPORTIONS OF;THE':
MINORVILLEANDlAKE BENNET '/
ACTIVJJY::CENTERS, p'ROHIBITING;'
CERTAIN OTHERWISE'PERMITTEDf~
, USES<WITHIN SUCH AREAS, AND,.:
ADOPTING A SPECIAL'DEVELOPMENT
,PLAN APPLICABLE TO' SUCH .AREAS.
The City of Ocoee. Florida proposes to adopt the following Ordinance:
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. AN ORDINANCE OF THE CITY OF OCOEE. FLORIDA RELATING TO' AMENDING THE
:OCOEE LAND DEVELOPMENT CODE, CHAPTER\180 OF,THE:,OCOEE CITY CODE BY
, ADDING A NEW SECTION 5.3.3' ENTITLED CRA TARGET AREAS SPECIAL DEVELOp."
MENT PLAN; ESTABLISHING. GEOGRAPHIC "BOUNDARIES' OF SPECIAL OVERLAY;
AREAS WITHIN THE' MINORVILLE, AND.tAKE BENNET ACTIVITY CENTERS,",SAID
AREAS BEING REFERRED TO ASCRA TARGET AREAS 1, 2 AND 3; . EXCLUDING"
APPLICABILITY TO LANDS LOCATED IN. UNINCORPORATED ~ORANGE':COUNTY;~
ADOPTING A SPECIAL DEVELOPMENT PLAN FOR THE CRA TARGET AREAS, INCLUD.,'
ING AN INTRODUCTION, CRA FRAMEWORK PLAN, COMMUNITY PARTICIPATION
PROCESS AND TARGET AREAS REGULATING PLAN;' PROVIDING THAT THE CRA TARGET.':
AREAS SPECIAL DEVELOPMENT PLAN IS SUPPLEMENTAL TO OTHER PROVISIONS OF .
THE LAND DEVELOPMENT. CODE; REQUIRING COMPLlANCE.WITH...THE CRA TARGET
AREAS SPECIAL DEVELOPMENT PLAN; PROVIDING THAT UNDERLYING ZONING USES .
AND LAND USE ENTITLEMENTS REMAIN IN PLACE; PROHIBITING CERTAIN SPECIFIC
USES WITHIN"THE"CRA .TARGET 'AREAS 'WHICH MAY BE".OTHERWISE' PERMITIED
-UNDER APPLICABLE ZONING'REGULATIONS; PROVIDING FOR INTERPRETATION AND
APPEALS; PROVIDING THAl CITY COMMISSION DECISIONS. ARE FINAL; PROVIDING
FOR THE RECOGNITION OF EXISTING AGREEMENTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. .
. ./"-r:}~,'. ~;, - ~,." .~ ?\;" .
. The second of two public hearings on the proposed ordinance will be held by the Ocoee
City Commission on,Tuesday, July 6, 2010 at 7:15PM or as soon thereafter as may be
heard. The public hearing \,!liI be held in the City Hail Commission Chambers located at
:t 50 North Lakeshore Drive, Ocoee. ~ "" ".,. .. " . ., :
-.; _ ,.,',,' . .', .
The portions of the City which would b{ subject to the' pi~p~sed .ordinanee are
. depicted below, except that anyJands lying therein which are' within ,unincorporated
Orange County will hot be subject to the proposed Ordinance unless annexed Into the
City. . .
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.Interested parties may appear at the public hearing and be heard with respect to
the proposed actions above. The complete' case file, inclUding the proposed special
development plan, may be inspected at the Ocoee Development Services DepartmenV
Planning Division located at 150 North Lakeshore Drive, Ocoee, Rorida between the
; hours of 8:00 a.m. and 5:QO p.m., Monday through friday, except legal holidays. The
. proposed special development plan can be modified by the Ocoee City Commission at
~e time of adoption of the proposed ordinance. .
'. The City Commission may continue these public hearings to other dates and times, as it
deems necessary.. Any interested party shail be advised of the dates. times. and places
of any continuation of these or continued public hearings shail be announced during the
. hearing and no further notices regarding these matters win be published. .
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You are advised that any person who desires to appeal any decision made at the public
hearing will need a record of the proceedings and for this purpose may need to ensure
that a verbatim record of the proceedings is made which includes the testimony and
evidence upon which the appeal is based. .
In accordance with ~e-Americans' with Disabiiities' Act, persons needing a special
accommodation or an interpreter to participate in this proceeding should contact the
City Clerk's Office48 hours in advance of the meeting at 407.905.3105.
:Ji[]
=-11('1
Beth Eikenberry, City Clerk .
Run Date: Thursday. June 24, 2010
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