HomeMy WebLinkAboutItem V (B) Change of Land Use and Amendment to Comprehensive Plan. - Ordinance No. 96-02.AGENDA 2-20-96
Item V B
Ocoee
Of 000
DATE:
TO:
THROUGH:
FROM:
SUBJECT:
ISSUE:
"CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE"
CITY OF OCOEE
150 N. LAKESHORE DRIVE
OCOEE, FLORIDA 34761-2258
(407)656-2322
STAFF REPORT
February 14, 1996
The Honorable Mayor and City Commission
Russell B. Wagner, AICP, Director of Planning
Abra E. Horne, Senior Planner CkO
Adoption of Comprehensive Plan Amendments by Ordinance #96-02
CPA-95-1-1 and CPA-95-1-2
a. a vn1NL.1ZA"1%1r1
COMMISSIONERS
RUSTY JOHNSON
SCOTT ANDERSON
SCOTT A. GLASS
JIM GLEASON
CITY MANAGER
ELLIS SHAPIRO
SRP-96-004
Should the Honorable Mayor and City Commission adopt the subject Comprehensive Plan Amendments by
Ordinance and transmit them to the Florida Department of Community Affairs for compliance determinations?
On July 14, 1995, the City transmitted the subject Comprehensive Plan Amendment package to the
Department of Community Affairs (DCA). This Amendment package was delivered to you about a month
beforehand (white notebook with blue coversheet). The first Amendment (CPA-95-1-1) makes required
changes to the Comprehensive Plan as agreed to with Orange County in the Joint Planning Area (JPA)
Agreement. It should be noted that Orange County has already amended its Comprehensive Plan to
incorporate the requisite revisions. The second Amendment (CPA-95-1-2) corrects Scrivener's Errors which
appeared on the Future Land Use Map. These map modifications include showing or labeling roads,
correcting the name of a lake, and 16 areas where the Future Land Use designations were inconsistent with
the zoning classification and existing patterns of development. An in-depth review of both Comprehensive
Plan Amendments is included in the General Summary and individual case justifications.
On September 25, 1995, the City received an Objections, Recommendations, and Comments (ORC) Report
from DCA that outlined five objections to the proposed Amendments transmitted in July. In order to ensure
coordination, City Staff and our consultants held an initial review meeting with DCA Staff to discuss these
objections. Subsequently, City Staff hand -delivered a draft ORC Response to DCA on December 28, 1995.
Upon further review, DCA Staff indicated that the attached ORC Response (white notebook with a yellow
coversheet) appeared to answer their concerns subject to a request that the following note be added to the
Legend of the Future Land Use Map: "The areas outside of the JPA are for Planning purposes only, they do
not confer any development rights, and would require a Comprehensive Plan Amendment upon incorporation
into the City of Ocoee." Accordingly, Staff has added the requested phrase to the Future Land Use Map and
forwarded the ORC Report to the Commission for approval and transmittal together with the Ordinance which
adopts the proposed Amendment package. It should be noted that adoption of CPA-95-1-1 and CPA-95-1-2
will in effect enable DCA to reaffirm that Ocoee's Comprehensive Plan is in compliance with the 9J-5 data
and analysis requirements pertaining to all lands contained within the JPA.
City Commission Staff Report (SRP-96-004)
February 14, 1996
Page Two
Staff respectfully recommends that the Honorable Mayor and City Commission: (1) approve Ordinance #96-
02 which ADOPTS the Comprehensive Plan Amendments upon finding said Amendments to be consistent
with the Ocoee Comprehensive Plan and the requirements of the JPA Agreement, (2) authorize execution
of Ordinance #96-02 by the Mayor and City Clerk, and (3) designate the Director of Planning as the person
to transmit a letter to DCA outlining all required information as specified by Florida Statutes for the adoption
of a Comprehensive Plan Amendment.
(Please note that this Ordinance becomes effective on a date subsequent to its adoption based upon receipt
of Notice of Compliance by DCA).
Attachments: (1) Ordinance #96-02
(2) ORC Response (white notebook with yellow coversheet)
(3) Orlando Sentinel Advertisement, February 8, 1996
C:\AHPDFILE\CPA-95-1\STAFFREP\SR2CPA95.BCC
I-14 The 01Im St rrrlsl, 7lwreft. Feb"" 8, 1M OR,
NOTICE OF LAND USE CHANGE AND
NOTICE OF PUBLIC HEARING
BY THE OCOEE CITY COMMISSION
TO AMEND THE OCOEE
COMPREHENSIVE PLAN
NOTICE IS HEREBY GIVEN, pureurd b Chapter 1e3 Florida SLGAel, 9411, Florida
ftrw4serM Code, and Sectlon 14 Ocoee land DeyNopmeM Code, Mat Me CRY Of Ocoee
proposes b adopt the IoMowirg ordinance:
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE POLLOWNG ELE.
MENTS OF THE OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 1S, 1991 .
BY ORDINANCE NO. 91-= AND AMENDED ON JUNE 21,1994 NY ORDINANCE No. 9e•l9e
FUTURE LAND USE ELEYENT,INTERGOVERNMENTAL COORDINATION ELEMENT;
AMENDING APPENDICES TO T11E OCOEE COMPREHENSIVE PLAN; PROVIDING FOR SEM•
ERMLFTY; PROVIDING AN EFFECTIVE DATE
The ordli m wR amend the keowk Elsi mb a the Ocoee Cw0rehimish m Plan: F Aue laid
Use; ImwgovamTwft Coordination: and Appendices. The pwcsb of prop" to are uib)W 10
Murs land ues nap ahrgn are shaded on the map below identified prow by the tax paror
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The Ocoee CAy ComritimMon will hold a pubes lacing on the ardlrana m rueeday, Febnrry Za,
19li8 at7:30 p.m.. or stern Mersafar aspraceal, nMs Ocoee City Commiselor, ISOWarts Lakeshore Drive, Ocoee. Florida. The City ComNseron may corarare DIM public I,sawg b
Odrar dates and tkrae as May dawn necessary. Arty intareeted perry ahem be advised that tra
deal, times. and places a corrrarrlon a 9de « coneru,ee public hswrq� atlas be so-
A copy a tl�is gp poasd�Met ro IWlar naicw m�Maa mrhra wPilYabaewpq
meru.l5g Nordt Laksehore Drive. � bs�s theft
hours the
a•W�a.m. and SOa paid
MaWsyMrwah FddeY. wcqxiqd h*dM•
Ydarased partlea may appear at the pubes hexing and be heard with reepset b tla p�o�p�sp
OrdrarrLl. A^y PMaai wrofdna b a)Pw ry dsdsion rtade wits raepsctb ary nrlbrcawidrsd
a tM pubes mswiny may road a retard d 9a proaed'rg and br 9i pupoes m9y roved to
araurauMpoetna vsrbWn racad a the proaedrge is mtls,w. lxdr indudsa Ms hstimany and suEwhich
m �1' d da praa rgsaharYad oa�ifact the Pow
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at 1+071 655022.
Jean Cxalton, CRY cleric. City of Ocase Felxury 4ltlee
ORDINANCE NO. 96-02
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE
FOLLOWING ELEMENTS OF THE OCOEE COMPREHENSIVE PLAN AS
ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE NO. 91-28 AND
AMENDED ON JUNE 21,1994 BY ORDINANCE NO. 94-19: FUTURE LAND USE
ELEMENT, INTERGOVERNMENTAL COORDINATION ELEMENT; AMENDING
APPENDICES TO THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,
FLORIDA, AS FOLLOWS:
SECTION 1. Findings. Purpose. and Intent. In adopting this Ordinance, the City
Commission hereby makes, expresses, and incorporates the following findings, purposes, and
intent:
a. On September 18, 1991, the City Commission of the City of
Ocoee ("City Commission") adopted a new comprehensive plan pursuant to
Chapter 163, Florida Statutes, by adopting Ordinance No. 91-28, which was
subsequently amended by Ordinance No. 94-19 adopted on June 21, 1994
and Ordinance No. 95-01 adopted January 26, 1995 ("the Ocoee
Comprehensive Plan").
b. The City has initiated CPA-95-1-1 in order to comply with the
requirements of Section 9 of the Joint Planning Area Agreement dated
February 11, 1994 between Orange County, Florida and the City.
C. The City has initiated CPA-95-1-2 in order to correct
scrivener's error which appeared in the Future Land Use Map of the Ocoee
Comprehensive Plan.
d. On June 28, 1995, the City of Ocoee Local Planning Agency
("LPA") held an advertised public hearing and recommended transmittal of
Amendment Nos. CPA-95-1-1 and CPA-95-1-2 to the Florida Department
of Community Affairs ("DCA").
e. On July 5, 1995, the City Commission held an advertised
public hearing and approved transmittal of Amendment Nos. CPA-95-1-1
and CPA-95-1-2 to the DCA.
f. On September 25, 1995, the City received DCA's Objections,
Recommendations, and Comments Report ("the ORC Report").
g. On February 20, 1996, the City Commission held an
advertised adoption public hearing with respect to Amendment Nos. CPA-
95-1-1 and CPA-95-1-2.
h. The City has analyzed the comments set forth in the ORC
Report and prepared a response to the ORC Report. At the above
referenced public hearing held on February 20, 1996 the City Commission
approved a response to the ORC Report and directed that such response be
forwarded to the DCA.
I. All required public hearings have been held after due public
notice in accordance with Chapter 163, Florida Statutes, Chapter 9J-11,
Florida Administrative Code, and Section 1-8 or Article I of the City of Ocoee
Land Development Code.
SECTION 2. Authorily. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article Vill of the Constitution of the State of Florida,
Chapters 163 and 166, Florida Statutes, and Section 1-8 of Article I of the Ocoee Land
Development Code.
SECTION 3. Future Land Use Element. The Future Land Use Element of the
Ocoee Comprehensive Plan is hereby amended to read as reflected in Exhibit A attached hereto
and by this reference incorporated herein.
SECTION 4. Intergovernmental Coordination Element. The Intergovernmental
Coordination Element of the Ocoee Comprehensive Plan is hereby amended to read as reflected
in Exhibit 6 attached hereto and by this reference incorporated herein.
SECTION 5. Appendices. The List of Figures for Appendix A and Appendix A of
the Ocoee Comprehensive Plan are hereby amended to read as reflected in Exhibit C attached
hereto and by this reference incorporated herein. Further, Appendix E is hereby adopted as part
of the Ocoee Comprehensive Plan to read as reflected in Exhibit D attached hereto and by this
reference made a part hereof, said Appendix D consisting of the Joint Planning Area Agreement
dated February 11, 1994 between Orange County, Florida and the City.
SECTION 6. Authority of City Planning Director to Amend Figure 2 The City
Planning Director is hereby authorized and directed to amend Figure 2 of the Future Land Use
Element consistent with the provisions of this Ordinance.
SECTION 7. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
SECTION 8. Effective Date. This Ordinance shall become effective the date the
Department of Community Affairs or Administration Commission issues a final order finding the
amendments to the City of Ocoee Comprehensive Plan to be in compliance in accordance with
Section 163.3184, Florida Statutes, whichever occurs earlier. No development order, development
permits, or land uses dependent on the amendments may be issued or commence before the
effective date of this Ordinance. If a final order of noncompliance is issued by the Administration
Commission, the amendments may nevertheless be made effective by adoption of a resolution
affirming the effective status, a copy of which shall be sent to the Department of Community Affairs,
Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED this day of , 1996.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk
(SEAL)
S. Scott Vandergrift, Mayor
ADVERTISED February 8,1996
READ FIRST TIME AND ADOPTED ON 1996,
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of 1996.
FOLEY & LARDNER
By:
City Attorney
C:\AHPDFILE\CPA-95-1\ORD96-02.WPD
Exhibit A
Future Land Use Element of the Ocoee Comprehensive Plan
(revised 2/20/96)
CPA-94-1-1
. . ..,.:............ .
CPA-
CITY OF OCOEE
FUTURE LAND USE ELM4ENT
Dace
Table or Contents i
List of Tables
I. INTRODUCTION 1
A. Purpose 1
B. Historical Perspective 2
C. Environmental Setting 3
D. General Setting 3
E. Socio-Economic Data 4
F. The Local Economy 5
II. EXISTING LAND USE 7
A. Land Use 7
3. _nrrastructure 12
C. istcric Resources 15
D. Conservation i5
Recreation and Open Space 13
F. Undeve'cped Land 13
G. AnalyS=S of Available = ac_lities and Serv? ces 19
u"Tj.RE L;LND USE 21
A. Growl: Perns 21
zure land Use Map 4
C. Sz�andaras
_ rC� ected Gross Acreace ;^,v CateCCirj 0
�. Land Use Needs
��Iz=
Ava;l�r_1_=v c= Services
Natural Resources
._ . Redevelopment Q=�
_. Specia'_ Strategy Areas
V. GOALS, OB CTIJES, AND POLICIES 5
V . ST. TE CON!_ RE'H_N T _ LNT CnWNS _STENC`T STATEMENT
V_- REG_GNAI, FOLIC`_' ML.PLN CONSISTENCY STATEMENT 57_E
3__L-CCR_�_
CPA-94-1-1
CPA=95-1 I
LIST OF TABLES '
Table
Pace
'-
Comparison of Projected Population Totals
a
2
Total Projected Population, 1990-2010
5
3
Distribution or Total Employment, 1986
6
4
Estimated 1990 Employment
6
5
Existing Land Uses
8
6
Residential Units Total, 1990
9
7
Permitted Land Uses, Vacant Lands
12
8
Projected Land Use Acreages
3Q-
9
Prc j ected Dwelling Unit Totals by Type c::
Struc7-ure31r=-
10
Projected Commercial acreages
3'1`
e
industrial Project d - ia_ Acreages
1-2
Acres Needed =or Recreation and Cpen Space
3:3:
--
• _
---�ected I_,st__ut_c:�_�l Land ;se Acr=ace
3330--
CITY OF OCOEE
FUTURE LAND USE ELEMENT
I. INTRODUCTION
The Future Land Use Element is a required Element; the minimum
criteria for its contents are established in Chapter 9J-5,
Florida Administrative Code (FAC). This Element is formulated
to be consistent with those criteria as well as relevant
sections of Chapter 163, Florida Statutes (FS), the State
Comprehensive Plan, and the East Central Florida Comprehensive
Regional Policy Plan.
The Future Land Use Element is the keystone of the
Comprehensive Plan. It sets forth the physical plan for the
future development of the City of Ocoee. It describes the
appropriate location for the future land uses and promulgates
the policies regulating the location and development of all
land uses. The Future Land Use Element sets forth not only
the density and intensity of land uses appropriate for all
locations but also considers other factors affecting land use
development, such as timing, cost, and current development
trends.
A. Purrmose
Two of the most important tasks in planning for future growth
and development are evaluating and selecting a growth policy
from various available alternatives. Historically, in the
State of Florida, growth policies have emphasized
accommodating growth as it responds to market conditions,
within the broad guidelines of local ordinances and
regulations, mainly zoning ordinances and subdivision
regulations. Now, we are seeing communities working to manage
their growth. The City's goal is to build a sustainable
community in Ocoee.
The City of Ocoee has evaluated the consequences of the three
most common growth policy alternatives (uncontrolled, managed,
and restricted growth) and has selected to pursue managed
growth policies. These growth policies will determine the
goals and objectives that will be used to achieve a managed
growth scenario. The managed growth policies which the City
will adopt shall include objectives to encourage development
when and where appropriate facilities and services to support
it are available, thereby discouraging urban sprawl and
ensuring that concurrency is met.
1
The Existing Land Use Map (Figure 1) included as part of this
Element, describes the location and distribution of land uses
in the City in 1990. The Future Land Use Map (Figure 2 in
Appendix A) will be the guiding force behind all land use
decisions made from this point forward and is the focus of the
Comprehensive Plan.
diIt indicates the proposed location and
stribution of land uses through the year 2010. All
Policies
contained within this plan must be consistent with the Future
Land Use Map. Apparent inconsistencies among policies will be
resolved by the Future Land Use Map or at the more detailed
scale of project planning and specific development proposals.
All. land development regulations shall be consistent with the
Future Land Use Map. All land development regulations adopted
Prior to the adoption of brought into compliance witthis comprehensive plan shall be
h the Future Land Use Element.
B. Historical Perspective
The City of Ocoee is experiencing phenomenal
growh. From
1987 through January of 1990, 1,486 acres of land were annexed
into the City. In 1988, there were 4,632 dwelling units in
the City. Currently, there are over 5,000 dwelling units
Proposed that are between the preliminary plan submittals and
the approval and development stages.
There are many factors that have and continue to influence the
growth in the City. First, and foremost is the unique
transportation system alignment in the region. In e u the
Western Extension of the East-West Expressway will be
completed. This Extension, which is part of a beltway system
which will eventually surround the Orlando Metropolitan
Statistical Area (MSA) terminates just inside the City limits,
making the trip to downtown Orlando approximately 20 minutes.
Ia addition, State Road (SR) 50, a major east/west arterial
that traverses all of Orange County divides the City. Aiso,
the proposed Northwest Beltway and the Tu r
Florida"� = p_:ce both
wil l have iaterc-anges wi+-hin the City.
The second growth factor for the City is wits proximity to jobs
within the Orlando MSA, Walt Disney World, MGM Studios, and
Universal Studios. As mentioned previously, the Western
Extension of the East-West Expressway brings Ocoee to within
20 minutes of downtown Orlando. It is also approximately 20
minutes to the jobs generated by the Disney Development
Ccmpany and Universal Studios.
Another factor which influences the growth of Ocoee are the
amenities in the area, including numerous lakes, rolling
hills, recreational opportunities, excellent schools and a
plentiful supply of potable water and the provision of
services such as central water and sewer service.
2
Along with the growth of residential development, noted a marked increase in industrial and the Cityias
developments. commercal
Also of great importance to the City is the movement of the
West Orange Hospital from the adjacent community of Winter
Garden to Ocoee. This "Medical Mall" will be the only one of
its kind in Central Florida. The concept incorporates office
suites and services within the hospital area creating a
regional health care campus with a high-tech image.
C. Environmental Setting
The City of Ocoee lies within three major drainage basins, the
Wekiva, the Apopka and the Cypress Creek Basins
(see Fi
3). Located within the major basins are sixteen subbasinsure as
identified in the Drainage Element. The City is within an
area identified as the Mt. Dora Ridge, characterized by
undulating hills with well -drained sandy soils, dotted with
frequent lake depressions and solution sinks that usually
contain water. The summers are long, hot and humid. Winters
are mild with infrequent cold fronts dropping temperatures to
below freezing. The mean annual temperature is approximately
75.25 degrees. Rainfall is a er
year. Two landscape associationsp approximately 48.7 inches per
Present in and around the City; pine (ecological communities) are
/hardwood swamps and sandhills/iso Pat d for tflowiagater
wetlands (see Figure 4).
D. General Setting
The City of Ocoee is located in western Orange County, in
central Florida. The City- consists of approximately 12.5
square miles. The City is located at the intersection of SR
50, the Florida Turnpike, the western extension of the East-
West Expressway, and the proposed Northwest Beltway. The
'local governments adjacent to the City include: W�
to the south; Winter-adermere,
north; and unincorpora ed Orange oCounty.
west; Apopka, to the
Development of the City of Ocoee began along the shore of
Starke Lake. The City has seen and will continue to see
substantial growth. Since 1987, the City has grown from 3,250
acres to 5,527 acres in 1990 (excluding rights -of -way).
Residential development has moved from Starke Lake eastward
along Silver Star Road (SR 438) and to the northeast and the
south, along Maguire Road. Commercial development has
concentrated along SR 50, between the Turnpike exit and
Bluford Avenue. Industrial development is concentrated in the
western portion of the City along and to the west of Kissimmee
Avenue, from Story Road in the south, northward to Silver Star
Road.
3
E. Socio-Economic Data
I• Permanent Population
Since 1985, the population of the City of Ocoee has grown at
an extraordinary rate (approximately 6.86 percent per annum).
This growth, as mentioned previously, is primarily a function
of the unique transportation system prevailing within the
region, i.e., the proposed Northwest Beltway, the Western
Extension of the East-West Expressway, and the Florida
Turnpike. Also, as mentioned previously, the City's proximity
to many of the major employment centers has played a major
role in the growth rate the City is experiencing.
Because of the rapid growth and development in the region, the
future population for the City was projected using the
mathematical extrapolation and the ratio models. Allowing
for a gradual slowdown of the growth rate as the City reaches
build -out, the average of the two methods wan used as the
Population projections for the City through the year 2010.
The mathematical extrapolation model tends to overestimate the
carrying capacity of the City, while the ratio method
underestimates the type of growth which is occurring in the
City. Table 1 shows the relationship and the average of the
projections derived using the both methods.
TABLE 1
COMPARISON OF PROJECTED POPULATION TOTALS
Mathematical
Extran
Ratio
Average
1990
15,063
12,641
13,852
1995
19,641
14,151
16,896
2000
26,378
15,339
20,859
2005
35,425
16,422
25,924
2010
47,576
17,d48
32,512
Sources:
BEBR,
Florida
Estimates of Population
187, April,
1987.
BEBR,
Population Studies, Technical
Publication
#83,
January,
1988.
City
of Ocoee
Planning
Department, April,
1989.
4
2. Seasonal Population
According to local realtors, there are no migrant farm workers
in the City, nor are there any seasonal rental properties or
recreational vehicle parks. Therefore, the City considered
hotel/motel accommodations and the occupancy rates at these
establishments, for an indication of the number of seasonal
residents within the City. Table 2 illustrates the total
projected population for the City of Ocoee using both
Permanent and seasonal projections.
TABLE 2
TOTAL PROJECTED POPIILATION,
1990-2010
Population
1990
1995 2000
2005
20_0
Permanent
Seasonal
13,852
16,896 20,859
25,924
32,512
998
11218 1,498
11858
2,323
Total
14,850
18,114 22,357
27,782
34,835
Source:
City of
Ocoee Planning Department,
1989.
For additional information on the methodologies used and the
calculations, please see Citv of Ocoee PulatTon Projections
1990-2010 in Appendix B.
F. The Local Economy
Eistor_cally, agriculture has been the major component in the
City's economic base. Eawever, due to freezes and the
resulting crop damage and destruction, the City's significance
as an agricultural center has all but disappeared. The rapid
conversion of farmland to other uses is marked by the
development of lcw to medium density single family housing.
The benefit of such conversions is the provision of ample land
area available for new residents.
Commercial and industrial land uses within the City are
replacing agriculture as the mainstays of the local economy.
The agricultural component has all but completely been
eliminated. The emergence of easily accessible toll roads
leading to regional industrial centers and the airport makes
the City of Ocoee very attractive to residential, commercial
and industrial development.
The latest Orange
indicated that the
industry and retail
County Business
commercial secto3
was the largest
-._e industrial sector was the second
Patterns (March, 1986)
including the service
employer in the region.
largest. The situation
5
in the County is representative of the City and as such, this
data will be used to identify the distribution employment among Ciemploymentpty residents. of total
distribution of the total em to Table 3 identifies the
.
TABLE 3
DISTRIBUTION OF TOTAL EMPLOYMM4T, 1986
SECTOR PERCENTAGE
Commercial
56.8
Industrial
15.7
Government
12.6
Construction
7.1
Transportation
5.4
Farm
1.3
Agricultural Services
1.2
Source: Orange County Planning Department, 1990
Assuming these percentages have remained constant through the
Present, estimated total employment of the City residents is
identified in Table 4.
TABLE 4
ESTIMATED 1990 EMPLOYMFNT
SECTOR EMPLOYMENT
Commercial
3,711
Industrial
1,026
Government
823
Construction
464
Transportation
353
Farm
as
Agricultural Se_lices
78
Source: City of Ocoee Planning Department, 1990 (based on an
estimated population for 1990 of 14,850 with an employment
base of 44% (per 1980 Census data)
As mentioned previously, the City,s close proximity to many
employment generators has greatly enhanced the growth which in
now occurring. Many of the 3,711 persons employed by the
Commercial sector who live in Ocoee, work in areas, not within
the City, but rather in close proximity to the City. The
6
major employment centers for the residents in Ocoee include
Disney World and Disney Development Corporation, the Reedy
Creek Improvement District, Universal Studios, Sea World, and
additional tourist related commercial activities. addition, the retail market is also a In
employment. great generator of
The Industrial sector is also a heavy generator of employment.
Again, it is not only the industrial component within the City
that creates the employment base, but also the industrial
activities found in close proximity to the City. Major
employers include the high tech industries such as Martin
Marietta and those industries located in the 21 industrial
parks located throughout Orange County.
II. EXISTING LAND USE
A. Land Use
Land use within the City of Ocoee is primarily residential,
accounting for 45.6 percent of the developed land area
(excluding water bodies) and 21.7 percent of the total land
area within the City. The approximate acreages for each
existing land use category, both in 1985 and in 1990, are
provided in Table 5A below. 1985 land use data were included
to provide information on recent development and annexations.
Table 53 depicts the existing land use density for each category.
7
Use
Residential
Single Family
Multi -Family
Mobile Homes
TABLE SA
EXISTING LAND USES
1985 1990
Acres $Total Acres $Total
653.8
20.2
18.5
.6
30.0
.9
702.3
21.7
Commercial
129.2
4.0
Professional Service n/a
n/a
Industrial
112.0
3.4
Agricultural
10.3
.3
Recreation and
62.3
1.9
Open Space
Conservation
304.2
9.4
(including water
bodies)
Public Facilities
130.8
4.0
Historic
5.0
.2
Vacant
1796.3
55.2
TOTAL
3,250.0
100.0
Rights -of -way
Total with ROW
1,110.0
31.0
49.4
1,190.4
310.9
13.4
145.0
0.0
138.8
20.2
.6
.9
21.7
5.6
.2
2.6
0.0
2.5
606.6 11.0
130.8 2.4
5.0 .2
2985.7 53.8
5,527.1 100.0
2,483.2
8,010.3
+70.8
+67.6
+64.7
+140.6
n/a
+29.5
-100.0
+122.8
+99.4
nc
nc
+65 5
8
TABLE 5B
EXISTING LAND USE DENSITY
Use
Low Density Residential
Medium Density Residential
High Density Residential
Planned Unit Development
Commercial
Industrial
Density/Acre
Less Than 4
4-8
8-16
8 net
FAR
0.3
0.5
Figure 1 illustrates the existing land use in the City.
Generalized land use for lands adjacent to the City are also
included. (All figures will be located in Appendix A).
1. Residential
As mentioned previously, the City is primarily a residential
community, representing 21.7 percent of the total land area
(8,010.3 acres) within the City. Residential land uses,
including single family, multi -family, and mobile homes,
account for the greatest acreage of existing developed land
(1,190.4 acres, or 47.4 percent). Table 6 identifies the
number of dwelling units within each class in the City in
1990.
TABLE 6
RrSIDENTIA.L UNITS TOTAL, 1990
Tvoe of Uni- Total Units
of Total
ota_i
Single family
4,215
87.0
Multi family
240
4.9
Mobile Homes
418
8.6
Total Units
4,873
100.0
Source: City of Ocoee Planning Department, 1990
a. Single Family Residential
Single family housing, including duplexes, account for 1,110.0
acres, or 20.2 percent of the total land area within the City
(44.2 percent of the total developed land use), and 93.2
percent of the total acreage in residential use. In 1985,
9
there were 653.8 acres of single family
represents a 70.0 housing units. This
Percent increase in acreage devoted to
single family housing in five years. Densities for single
fly residential use is less than four units per acre.
b• Multi -Family Residential
There are approximately 31.0 acres in multi -family residential
use within the City. This number is .6
land area within the CityrcentPercent of the total
al existing
developed land area) and .(6 percent of the of ttotaltresidential
land use; acreage in this category al
since I985. rcent
Densities generally range from dfour 6toeeight
units per acre.
C. Mobile Homes
There are 49.4 acres of mobile home residences within the
City. This number represents .9 percent of the total land
area within the City (2.0 percent of the total existing
developed land area) and 4.1 percent of the total residential
land use acreage within the City.
2. Commercial
Approximately 310.9 acres, or 5.6 percent of the total land
area within the City (12.4 percent of the developed land area
within the City) are devoted to commercial uses. commercial acreage was 129.2. In fiveyearsIn 1985,
acreage has commercial
increased 138.5 percent. Commercial use occurs
predominately on SR 50 from the exit of the Florida Turnpike
to Bluford Avenue. There are also two small commercial
Pockets, one is also located in the central business district
along McKey Street the other on the corner of Silver Star Road
and Ocoee -Apopka Road. along SR 50, there are two stria
sLopping centers, miscellaneous businesses -
=estaurants, gas stations fast -foot
business district and two hotels. The central
c� :s generally composed of small, family owned
businesses and food services. The second small commercial
area has two small shopping centers, two banks, a car lot, and
a convenience store.
3• Industrial
Currently, there are 145.0 acres in industrial use within the
City representing 2.6 percent of the total land area within
the City (5.5 percent of the developed land area). In 1985,
there were 112.0 acres in industrial use within the City.
This represents an increase of 29.5 percent. Industrial
development is primarily concentrated in western Ocoee, along
and west of Kissimmee Avenue between Story Road and Silver
Star Road.
10
4. Recreation and Open Space
Recreation and open space land use acreage is approximately
138.8, or 2.5 percent of the total land area within the City
and 5.5 percent of the total developed land acreage within the
City. This represents a 121.0 percent increase in recreation
and open space land use acreage since 1985. A complete
analysis of recreation facilities and open space and future
recreation and open space needs is provided in the Recreation
and Open Space Element.
S. Conservation
Approximately 606.6 acres with the City of Ocoee are
conservation areas, including water bodies (562.0). This
number represents 11.0 percent of the total land area within
the City (21.4 percent of the developed land area). In 1985,
conservation areas consisted of 304.2 acres. Since 1985,
conservation lands have increased by 99.4 percent, due largely
to annexations that have included numerous water bodies.
6. Public Facilities
There are 130.8 acres, or 2.4 percent of the total land area
within the City (5.1 percent of the total developed land
acreage within the City) devoted to public use. This number
has not changed since 1985. This category includes:
educational facilities; churches; public building, grounds,
and facilities; and utility facilities. Publicuse
facilities, such as City offices, are generally located on the
northwest shore of Starke Lake between Bluford Avenue and
Lakeshore Drive. Utility locations can be found in the
Infrastructure Element.
7. Vacant Land
There are approximately 2,985.7 acres of undeveloped land
within the City. This number represents 53.8 percent of the
total land area within the City. In 1985, there were 1,796.3
areas of vacant land within the City. T. : five years, there
has been an increase of 63.5 percent vacant lands within the
City.
Of the 2,985.7 acres of vacant land within the City, only
125.9 acres have not been classified. Permitted land use
acreages included in the vacant land use classification can be
found in Table 7.
11
CPA-94-1-2
TABLE 7
PERMITTED LAND USES, VACANT LANDS
Land Use Acreage 1 of Total Vacant A::reacre
Residential 1,223.9
Commercial 539.2 41.5
Professional Service 48.4 I7.9 Industrial 259.7 1.6
Planned Unit Development 788.6 8.6
Unclassified I25.9 26.2
4.2
TOTAL 2,985.7
100.0
Source: City of Ocoee Planning Department, 1990
B.
1.
Where residential land use is concerned, of the 1,251.7 acres
slated for residential development, 1,005.8 are already
committed through plans filed with the Planning Department of
the City. For those areas designated for Planned Unit
Developments, conceptual drawings have been submitted and some
developments have moved into the preliminary approval stage.
Infrastructure
Traffic Circulation
There are two major arterial roads that currently serve the
City of Ocoee: W.B. McGee Highway (SR 50) and Florida's
Turnpike. The City is also served and bisected by Silver Star
Road (SR 438) .
'o= the Traffic
Circulaticn Element,
the City's
inventoried for
classification,
traffic volumes, pavement widths,
roads were
functional
City operated at
and number of lanes.
All roads
within the
an acceptable LOS or better when the studies
were conducted (March, 1988). The
is "D".
preferred
LOS for
the City
.
A capacity analysis for four signal controlled intersections
Within the study area was also conducted in March, 1989. Two
of these intersections (See Traffic Circulation Element, Table
4) operated below LOS "D".
12
CPA-94-:-:
Nine stop sign controlled intersections were also studied in
March, 1989, three of these operated below LOS "D". (See
Traffic Circulation Element, Table 5).
The Traffic Circulation of this Comprehensive Plan identifies
an improvements schedule for relief of these deficiencies.
2. Sanitary Sewer
The City,s existing service area is defined in the
Infrastructure Element, the Sanitary Sewer subelement. This
area includes approximately three square miles of land area
along with several commercial developments along SR 50 and the
West Orange Industrial Park. Currently, two wastewater
treatment plants area operated by the City•s Utility
Department. There are 1,850 active connections at these
plants, generating approximately Q.sa 0.6 million gallons per
day (mgd) of wastewater flows. For additional information on
the Sanitary Sewer system in the City, see the Infrastructure
Element, the Sanitary Sewer subelement.
3. Solid Waste
The City is currently disposing the solid waste generated in
the City in the Orange County landfill. Solid waste is
collected and taken to the Porter Transfer Station, on Good
Homes Road, prior to final disposal at the landfill. The
landfill is 1,500 acres in size and has 300 acres remaining
with a site life expectancy of eight to ten years. In 1987,
Orange County initiated the acquisition of 3,400 acres
adjacent to the existing site. With the acquisition of
additional land and subsequent permitting of additional
disposal cells, the County landfill will extend its expected
service life an additional 20 to 30 years.
Solid waste generation by the City for the past ten years has
been 0.62 tons/capita/day; this includes 95 percent
residential wastes and 5 percent commercial wastes. The City
contributes 1.5 percent of the total waste load to the
landfill.
Solid waste collection service is provided by the City of
Ocoee. The number of residential accounts presently being
served is 4,559 and 244 for commercial accounts.
Hazardous wastes generated by the City are disposed the County
facility. 7.5 percent of the hazardous waste generated is
disposed via a permitted hazardous waste facility. The
largest portion, 69.6 percent, is recycled. And a significant
amount, 22.9 percent, is disposed of through other management
practices, i.e., undocumented.
13
The Resource Recovery and Management Act, amended in 1988,
mandates that the County reduce the amount of solid waste
received at the landfill through recycling programs. In
accordance with this, the
waste production. City will also reduce its solid
This requirement will ensure ade
landfill availability beyond the 20 year horizon of this plane
4• Drainage
The flood plains of Ocoee consist of lowlands adjacent to a
number of lakes and three streams
The
topography of Ocoee is relatively flat with rso e).gently
rolling hills found to the east. Ground elevations in Ocoee
range from less than 100 feet mean sea level (msl) to
approximately 170 feet msl. principal Lakes results from pFlooding due to rainfall in the
rolonged heavy rainfall over the
study area with high antecedent lake stages. It is reported
that flooding has occurred in Ocoee; however, dates of
flooding and high-water marks were not established. In 1985,
the City adopted subdivision regulations that addressed the
issues of water quality, stormwater conveyance and flood
protection.
The majority of the City lies within the Wekiva River basin
with the western portions of the City in the Lake Apopka Basin
and the extreme southern portion of the City in the Cypress
Creek Basin. The northernty generally
portion of the Ci
drains toward Lake Apopka. For additional information on the
natural drainage basins, flood plains, and aquifer recharge,
see the .Infrastructure.Element, Drainage and Groundwater
Aquifer Recharge subelements.
S. Potable Water
The existing water system service area p
lim' ts• rovided by the City
includes the entire City and a few customers outside the City
- The existing service area covers a i
f
square miles. The water service area is made up ohe�north
system and the south system. The total average water demand
for both systems is 2,342,000 gallons per day (gpd). The
north system, consisting of the Jamela and Forest Oaks water
plants pump an average of approximately 1,699,000
experience an actual maximum dayflow gpd, and
The south system consists of the Kissimmee Avenues plant. ,000 This
plant supplies approximately 643,000 gpd and experiences a
maximum daily flow of 1,440,000 gpd. (See Figure 6)
As of April 1989, the City has provided water service to a
Population of 14,000 people, operated three water treatment
-Eacilities, and approximately 50 miles of water mains. For
add -tonal info=ation and projected water use and suppl e
the ia=rastructure Element, the Potable Water subel y' se_
eaten t .
14
6. Natural Groundwater Aquifer Recharge
The United States Geological Survey identifies a large percent
Of the land area of the City as being in a "high recharge
area" to the Floridan Aquifer, donating 10 to 20 inches of
water to the aquifer per year. Most of the land area east of
Bluford Avenue in the City is within a high recharge area.
Most of the western portion of the City is located in a low
recharge area, averaging between 0 to 3 inches per year in
aquifer recharge. The Floridan Aquifer provides 100 percent
Of the potable water used in the City (see Figure 7) .
C. Historic Resources
There are approximately 5.0 acres of historic resources within
the City. This number represents .2 percent of the total land
area or .2 percent of the developed land area within the City
of Ocoee. The following historic resources are located within
the City of Ocoee (See Figure 8) :
o The Ocoee Christian Church was built in 1891 and is the
oldest Christian Church in continuous use in the State of
Florida. The architectural design is gothic. The bell
was made in London, England and the stain glass window
was made in Belgium.
o The Withers -Maguire House was constructed in 1888. In
1984, the house was purchased by the City of Ocoee and
the following year Resolution No. 85-4 recognized the
Ocoee Historical Commission as an official body
designated by the Board of City Commissioners to be
responsible for making recommendations for the
restoration of the Withers -Maguire House.
o The Mr. and Mrs. James Meeks House was built in the
1890s.
o The Blakely- S toutenburgh House was built in the early
1900s. -
o The Tavares and Gulf Railroad depot was built in 1914.
The depot continued service until 1960. Presently, it
serves as a meeting place for the Ocoee Lions Club.
o The Bank of Ocoee was built in 1919. Decorative blocks
were added to the front wall during the 1960s. The front
doors were paned with fine old beveled glass. Plaster,
stucco, paneling, and dropped ceilings have been added
recently. In the fall of 1985, the decorative blocks
were covered with wood siding.
15
o Dr. Scott's office on east McRey Street. It is currently
being used as law offices.
o The Pound's House was built in 1887. The Pound's
granddaughter plans to renovate the house.
o The Ocoee Women's Club was built in 1938 in art deco
style.
o The Collison-Ocoee Funeral Home was built in the 1920s.
o Dr. Starke's Fishing Camp
o Maine Street - a brick street, this was the main route
into Orlando.
D. Conservation
1. Air Quality
Due to the prevailing west winds in Ocoee, the City is usually
not affected by the poorer air quality found to the east in
metropolitan Orlando. The U.S. Environmental Protection
Agency has developed a uniform standardized daily air quality
reporting index, locally known as the Air Quality Index (AQI) .
The Orange County Environmental Protection Department monitors
ambient air within the County. The Department has given the
City an AQI of < or = to So, with a Health Effect Descriptor
Of "Good."
2. Surface Water Quality
There are 13 lakes within the City that have been analyzed for
non-poi--t source pollution by the Non -Point Source Management
section of the Department of Environmental Regulation in
coordination with the St. Johns River 'relater Management
District and the City. brief,
the major source of non -
point pollution, in 1987, was agricultural runoff. Urban
rUnoff is now becoming a major concern due to the development
f oagricultural areas. Sediment control is new a major
factor. The City requires developers to use sediment control
techniques, such as stabilizing cut and fill slopes with
temporary diversions, berms, bench terraces, or dikes to
intercept and divert storm water runoff; leaving vegetation as
long as possible, planting temporary cover promptly after
grading or filling; tying down grass seed with jute, cotton,
or paper netting, or with straw mulch sprayed lightly with
asphalt; using erosion -control plants for steep slopes;
reducing runoff velocity with grade stabilization structures;
and controlling dust by sprinkling. (See Figure 9)
to
3. Groundwater Quality
Groundwater is the only source of potable water for the City, s
water system (the City draws 100 percent of its water from the
Floridan Aquifer).
The United States Geological Survey has identified an area
within the City as being in a "high recharge area" consisting
of approximately 24 percent or 1,464.3 acres recharging
significantly.
4. Soils
The Orange County Soil Survey designates soil limitations for
certain types of development. Due to varied restraints on
different development scenarios, according to soil type, major
constraints have been developed that deal with flood hazard,
high water table, slope, soil erosion potential permeability,
subsidence, and organic content. These soil constraints were
rated with respect the following four land use areas: septic
tank absorption fields; dwellings without basements; low
commercial buildings; and roads and streets. Each soil was
rated, as to its potential in each of the four areas, by
evaluating soil conditions that are favorable or unfavorable
for development. Favorable conditions are defined as those
that will allow development without having any major
constraints to overcome. Unfavorable conditions are defined
as those that have one or more major constraints to overcome,
thus having a lower potential rating for development.
Soil potential is defined as the ability of the soil to
produce, yield, or support a given structure or activity
expressed in economic, social or environmental units of value.
The criteria used include the relative difficulty or cost o
overcoming limitations to development, the continuing
limitations after development, and the suitability of the soil
.or a particular land use relative to other soil types.
In Orange County, a six class system of soil potential ratings
has been developed in coordination with the Soil Conservation
Service. The six classes are identified and defined in the
Conservation Element of this Comprehensive Plan.
Because of the nature of soil composition, soil borings are
usually required to determine the properties of the soil
content. A site's soil potential will be evaluated on a site
by site basis through on -site examination and testing. (For
additional information on soils, see the Infrastructure
Element, Drainage and Natural Groundwater Aquifer Recharge
subelemeats, and the Conservation Element of this
Comprehensive Plan). See Figure 10.
17
I.
2.
3.
4.
Recreation and Omen Space
Existing Recreational Facilities: Resource -Based Recreation
The City of Ocoee is a haven for water sports enthusiasts,
blessed by its location on the many lakes in the area. The
boat ramps and open spaces activities as boating, fishing, anoffer such resource -based
d wildlife observation.
Existing Recreation Facilities: User -Oriented Facilities and
Community -Sponsored Activities
There are also activity -based recreation sites and facilities
in the City. There are two focal points within the community,
the Community Center and the Youth Center Complex where
Programs are provided by the Recreation Department. In
addition, these Centers are also used for public meetings,
weddings, and receptions. There are nine parks in the area.
For a full description of these parks, please see the
Recreation and Open Space Element of this Comprehensive Plan.
Conservation Open Space
Conservation Open Space and Conservation areas overlap. Lands
not suitable for development due to their environmental
importance are classified as conservation open space. These
areas include lakes, rivers, wetlands, floodplains, areas
dedicated to future resource development, and areas classified
as "Conservation" on the Future Land Use Map.
Corridor Open Space
Corridor open spaces are areas through which people travel but
which are also designed for aesthetic enjoyment and leisure.
These corridors can provide a linkage between recreation areas
and residential areas or commercial areas.
corridor Examples oz
omen space within the City include: North Lakeshore
Drive, Ocoee Parkway (Clarke Road) , Maguire Road, south of the
Turnpike and open spaces included in other rights -of -way.
Undeveloped Land
Acreage of Undeveloped Land
As mentioned previously, there are 2,985.7 undeveloped acres
in the City. All but 125.9 of these acres have been zoned.
Table 7, shown above, identifies the number of vacant acres
within each land use category.
18
G. Analysis of Available Facilities and Services
An analysis of available facilities and services to service
existing and approved development orders have been completed.
The analysis included services for sanitary sewer, potable
water, solid waste, drainage, transportation and recreation
and open space. A complete analysis is contained in each
Element of the Comprehensive Plan. Summary analysis and
information for the availability of services are as follows:
Sanitary Sewer Facilities
The City of Ocoee owns and operates two wastewater treatment
facilities which provides sewage treatment to the newer areas
of the City. The combined capacity of the facilities is
approximately 1.12 MGD and existing flows are presently 0.7
MGD. Presently the facilities are being expanded (under
construction) to 2.0 MGD and currently designs for expansion
are being completed to 3.0 MGD.
The City approves development orders only upon acquisition of
water and sewer capacity by developers. The City has accepted
payment and committed to provide sewer service for
approximately 5,000 equivalent residential connections (ERC).
The existing wastewater flow plan future connections (5,000
ERC's) will be serviced by the programmed expansion of the
wastewater facilities to 3.0 MGD. The existing and expanded
facilities will be sufficient to meet the demands for approved
and future development orders.
Potable Water Facilities
Potable water for the City is provided by three (3) water
treatment facilities. The average daily flow presently is
2.34 MGD.
Similar to the sanitary sewer system, the City approves
development orders only upon the reservation of water
capacity. Presently approximately 4,000 ERCs of water
capacity have been reserved. The existing flow plus capacity
for 4,000 ERCs will be provided by the existing facilities and
the improvements currently under construction. Thus existing
and expanded potable water facilities will be sufficient to
meet the demands for approved and future development orders.
Solid Waste
Solid waste generated by the City of Ocoee is transported to
the Orange County Landfill. The City contributes
approximately 1.5% of the total solid waste load delivered to
the Orange County Landfill. The projected life of the
facility is fifty years, thus sufficient capacity exists for
approved and future development orders.
19
Traffic Circulation
Ocoee's transportation network consists of state, county and
municipal roadways. Existing and future roadways were
analyzed (March 1988). All roads within the City operated at
acceptable LOS.
Capacity analysis for intersections within the City were
conducted (March 1989) and two intersections were identified
below acceptable LOS. (See Table 4, Traffic Circulation
Element.) The Traffic Circulation Element identifies an
improvement schedule for relief of the noted deficiencies and
will provide adequate transportation capacity to meet approved
development orders.
Drainage
Data concerning the City's existing municipal drainage system
does not exist. The City shall adopt by October 1991 a
stormwater utility to provide funding for major basin studies
and analysis.
The existing Land Development Regulations requires all new
development to perform to acceptable LOS standards thus all
new development will achieve an acceptable LOS. While these
improvements may help alleviate some existing drainage
problems, the listing of existing drainage facilities will not
be completed until implementation of the stormwater utility
system.
Recreation and Omen Space
Table 4 of the Recreation and Open Space Element provides an
inventory of all existing recreation sites within the City of
Ocoee. Table 5 depicts the needs assessment within the City
and identifies no deficiency. Table 7 identifies needs for
future population projections and notes the funding source as
impact fees thus no existing deficit exists and future
deficits will be funded by growth as development is
concurrently approved.
in summary, upon completion of existing construction projects
(presently under construction) and with the implementation of the
stormwater utility (by October 1991) no deficits for infrastructure
will exist within the City of Ocoee. The City will have sufficient
capacity to provide services and facilities for approved and
projected development orders.
20
III. FUTURE LAND USE
This section of the Future Land Use Element summarizes
existing conditions and potential development trends and
Problems. Approaches to managing the expected
growand
development of the City of Ocoee will be developed based on
these analysis.
The conditions to be examined are grouped into two categories:
natural conditions and manmade conditions. Included in the
first category are factors such as soil suitability for
development, topography, the presence of natural resources
which may act as impediments or stimuli to growth. The second
category is comprised of factors such as availability of
Potable water, availability of urban services including
sewage, solid waste disposal, transportation/access, and the
presence of historic resources. In addition, we will look at
Special Strategy Areas.
A. Growth Patterns
1. Residential Patterns
Residential development has moved from Starke Lake eastward
along Silver Star Road (SR 438) and to the northeast, along
the Clarks Road corridor, and the south, along Maguire Road.
2. Commercial and Industrial Patterns
Commercial development has concentrated along SR 50, between
the Turnpike exit and Bluford Avenue. Industrial development
is concentrated in the western portion of the City along and
to the west of Kissimmee Avenue, from Story Road in the south,
northward to Silver Star Road.
3. The"i?er-- Planning 4�„w:w - arming Area Agreement
- - - _
specifie be
- -
- -
ecmy -
_.
, - -
eerd-ftat
meet - - : -
e'!i!3 !?-1 nw
-
r L....e. -,T--ems--
,
..M
- . ,
21
22
---_ -- --�- -+--zi-Qe of the ,TPA are crosshatched to
emphasize this stipulation graphically.
In general, the JPA Agreement will facilitate increased
intergovernmental coordination, the evaluation of development
impacts, the mitigation of extra jurisdictional impacts, and
the timely resolution of inter jurisdictional disputes. The
outline below highlights some of the more notable provisions
Of the JPA Agreement.
1. Unless the JPA Agreement is abrogated, no property
located outside of the JPA may be annexed during
the term of the Agreement unless the boundaries of
the JPA are modified to include the subject
property. This would require County Commission
approval as well as City Commission approval.
2. The Gotha and Clarcona Rural Settlements, in
particular, are protected from City encroachment.
In return, the County promises not to contest any
annexations found by the City to be consistent with
the JPA Agreement.
3. Through the adoption of the JPA Agreement, Orange
County has granted the City of Ocoee extra
jurisdictional, comprehensive planning authority
for properties located within the JPA.
4. The JPA Agreement also specifies the conditions for
water and sewer service to properties adjoining the
Ocoee City Limits. After annexation, those
Properties located outside of the City,s
Water/Sewer Territory will, where feasible, be
provided with service through Orange County. If
the County is unable to provide service in a timely
manner, then the County will request wholesale
service from the City.
5. The City and the County have both agreed to amend
their respective Comprehensive Plans to incorporate
the following provisions of the JPA.
a. Section 9(C)(1) requires that the City
incorporate the JPA Agreement into the
Intergovernmental Coordination Element of its
Comprehensive Plan by reference and that all
23
........ , ..... .............
CPS-�gS:-Z::=�I
f. Section 9(D)(1) requires that the County
incorporate, by reference, the JPA Agreement
into the Intergovernmental Coordination
Element of its Comprehensive Plan and amend
all provisions of the County Comprehensive
Policy Plan inconsistent with the JPA
Agreement;
g. Section 9 (D) (2) requires that the County amend
its Comprehensive Plan maps to reflect the
City's current corporate limits;
h. Section 9 (D) (3) requires that the County amend
its Future Land Use Map to show the boundaries
of the JPA; and
i. Section 9(D)(4) requires that the County
create transition zones allowing up to two (2)
dwelling units per acre in those areas of
unincorporated orange County which abut the
outer boundary of the JPA and are also outside
of the J-PA.
24
4. Other Interlocal Agreements
»».........,,,,,......
neg �..., ��..
e City at�ated€tif'orma�,
inter ove gr` a arith... the i n i n
g T^■*�^ taia eements adj o • g municipalities of Apopka, Winter Garden, and Windermere
addressing future boundaries and service deliveri.e
S. Annexation Policy
s.
/ +�+e e v. rYiG
,
As outlined in Section 6(D) of the JPA Agreement, the City of
Ocoee and Orange County have agreed that land located within
the JPA, including any enclaves, are logical candidates for
annexation subject to the provisions of Chapter 171, Florida
Statutes. Prior to annexation, the City will conduct a public
facilities and services analysis and a fiscal impact analysis
of any area being considered. If the City determines that an
application is consistent with the JPA Agreement, than the
County will not oppose the annexation of any lands located
within the JPA.
Pursuant to Section 6(B) of the JPA Agreement, Orange County
has granted the City of Ocoee extra jurisdictional planning
authority for properties located within the JPA. The proposed
Ocoee Future Land Use designations would not become effective
25
6. Suitability for Use of Vacant Land
B.
CPA 45-2-
Vacant land in the City of Ocoee and the aQ a.... _---
Planning Area consists of (1) lands which have*te bypassed
for early development due to environmental constraints and (2)
lands which have not yet been developed due to lack of need in
the past. Vacant land which has been bypassed includes (but
does not consist solely of) water bodies, wetlands, and flood
plaice. Most previously undeveloped areas (see e:c4sting land
use map and maps showing specific environmental features) are
not constrained by environmental limitations or presence of
unique historical or archaeological features. As indicated by
a review of the analysis, specific efforts to protect features
of bypassed lands are and should continue to be implemented.
These include constraints on development of water bodies,
wetlands, flood plains, etc, as are further defined in the
Conservation Element and other elements of this Plan.
The Future Lard Use Map
The Future Land Use Map (Figure 2), which is provided herein,
indicates the projected future -land uses within the City,s
c at �es� �=e Planning Area. The Map is not intended to be a
zohing map, but rather a general delineation of land use
26
types. Various zoning categories may be allowed in each of
the land use categories. For a proposed development to be
Permitted on a given parcel of land within the City, a
determination must first be made that the zoning required for
that development is consistent with the land use shown on the
Future Land Use Map. If the zoning is not allowed within the
land use category, then an amendment to the plan must be
pursued before the proposed development can be considered on
that site. If the zoning is permitted within the land use
category, then the proposal may be considered by the City. At
that point, the various Goals, Objectives, and Policies
contained within all of the elements of the Comprehensive Plan
shall be considered, and the development proposal shall be
evaluated to determine if it is consistent with those Goals,
Objectives, and Policies.
27
CPA::-35:
C . S tandards �....
1. Land Use Categories
Land use categories are designated for exi sting and future
land uses in the Jozrrt pa�airr
g Are - Actua
zoning districts permitted""in'"'each' land use�ca o 1
listed in the City's development regulations. g �' are
are as follows: The categories
o Low Density Residential (less than 4 dwelling units per acre)
- This use is appropriate where urban services are provided in
a neighborhood setting. This density range accommodates
detached single family houses, patio homes, zero lot line
houses, and other forms of detached or semi-detached housing.
o Medium Density Residential (4 to 8 dwelling units per acre) -
This use is intended to provide a buffer between low density
residential uses and more intense uses, such as high density
residential or commercial.
o High Density Residential (8 to 16 dwelling units per acre) -
This use in intended for areas close to major
intersections, and commercial and light industrial areas, where
a slightly higher amount of residential trips can be permitted
because they are relatively short due to their proximity to
shopping and major roads. They are not permitted to create
additional burdens on internal street networks and
intersections. Apartments and other intense housing product
types are typical uses; however, low and medium density
residential uses may also be permitted.
Density may be computed in a defined development project by
allowing clustering in certain areas. These clusters may be
c= greater density than allowable within the land use
resignations as long as the total project does not exceed
maximum density as designated on the Future Land Use Map.
Clustering, pursuant to the foregoing concept, may be
controlled by density caps, conditional zoning or a
restrictive covenant Tinning with the land with power of
enforcement in favor of the City.
o Planned Unit Developments - The overall net residential
density of these developments shall be 4 dwelling units per
acre or less.
o Commercial (high, medium, and low intensity) - These areas are
Primarily suitable for office and retail businesses. These
uses shall be confined to certain arterial and collector roads
and to activity centers (see Policy 1.11).
28
o Industrial (light and heavy) - These areas are primarily for
industrial uses but shall also permit secondary mixed uses of
offices and limited retail within industrial development.
Lands designated for industrial use should be near railways
and/or major highways. Adequate buffering shall be provided
from adjacent land uses, and transitional uses such as office
and/or commercial uses shall be considered between industrial
and residential areas (see Policy 1.11).
o Conservation - These areas include waterbodies, floodplains,
and wetlands. Such areas will be delineated on a site by site
basis as development proposals are considered. The Future
Land Use Map identifies approximate, general locations of
these areas. Policies for properly protecting such areas are
contained in this element, and the Conservation Element (see
Policy 1.11).
o Recreation and Open Space - This category includes both active
and passive recreation areas and facilities and corridor open
spaces (see Policy 1.11).
o Public Facilities/Institutions - This category includes all
government owned property (except parks), public and private
schools, hospitals and churches. These uses may be permitted
in industrial and commercial areas and in residential areas
where negative impacts will be minimal.
o Agricultural - This category is not shown on the Future Land
Use Map because no agricultural uses are projected to occur
within the Joint Planning Area.
29
D. Projected Gross Acreage By Cateaory
TABLE 8
PROJECTED LAND USE ACREAGES
1995
Residential
Single-family 2,442.1
Multi -family 124.5
Commercial/PS 911.9
Industrial 404.7
Conservation 714.7
Recreation/Open Space 345.3
PUD 788.6
Public Facilities 220.8
Historic 5.0
Rights -of -Way 2,650.4
Vacant 11515.9
TOTAL 10,124.4
2000
2,670.2
179.5
1,007.0
447.6
870.2
519.3
1,144.2
242.4
5.0
2,953.5
2005 2010
2,813.4 3,085.5
157.6 173.6
1,063.9 1,171.9
472.8 520.8
914.5 998.5
540.9 581.9
1,193.1 1,286.1
256.1
5.0
282.1
6�
3,118.3 3,431.4
526.5 526.5 0.0
10,565.2 11,052.4 11,526.0
Source: City of Ocoee Planning Department, 1990
E. Land use Needs
_ . _ous_ .g
Housing projections used in the Housing Element of this
Comprehensive Plan were developed using the projected acreages of
1 cw/medium and high density uses, calculating the density averages
(low/medium at 4.2 units per acre and high density at 12.6 units
per acre), and using the percentages of Single Family and Multi
Family existing in 1990. Included in the low to medium density
dwelling are typical detached single family homes, duplexes and
mobile homes. High density includes all multi family dwellings
such as townhomes and apartments. In 1990, multi family dwellings
comprised 4.9 percent of the total number of dwelling units. Low
and medium density dwellings represented 95.1 percent of the total
number of dwelling units). For example, in 2010, there will be
3,085.5 acres of low to medium density residential. The average
density for these categories is 4.2 dwelling units/acre, this
generates approximately 12,955 total low to medium density
30
dwelling units. In addition, there will be 173.6 acres
res of high
density residential, generating 2,191 units (at 12.- dwelling
units/ace) .
To project the acreages of each category through the year 2010, we
assume that, due to market conditions, and the price of single
family units, multi -family or high density residential uses will
increase, while low and medium density or single family uses will
decrease. Based on land use projections and the average densities
and related carrying capacities, by 2010, multi family dwelling
will comprise 15.0 percent of the total number of dwelling units
and single family will be 85.0 percent. Table 9 identifies the
projected dwelling unit total, by type of structure, through the
year 2010.
TABLE 9
PROJECTED DWELLING UNIT TOTALS BY TYPE OF STRUCTURE
Type of Unit
1995
2000
2005
2010
Single family
9,987
10,681
11,252
12,955
Multi family
900
1,396
11891
2,083
TOTAL
10,843
12,077
13,143
15,146
Source: City of Ocoee Planning Department, 1990
2. Commercial Land Use
To project the acreages needed for commercial and professional
service uses, the City will use the current level of service
(I acre of commercial for every 46 residents) as the constant
in the equation. See Table 10 for projected acreages needed
for commercial development.
TA3LE 10
PROJECTED COMMERCIAL ACREAGES BASED ON POPULATION TOTALS
Year Proi. Total Population
1995
18,114
2000
22,357
2005
27,782
2010
34,835
Acreage Commercial/
PS Needed
394 acres
486 acres
604 acres
757 acres
Source: City of Ocoee Planning Department, 1990
Based on the projections found on Table 10, there will be more
than enough acres devoted to commercial and profession service
uses to serve the projected populations th
period. rough the planning
31
While the above table shows that the projected commercial
acreage will be adequate based on the 1990 .standard of 46
persons/acre, it should be noted that this factor has been
changing and will likely continue to change. The ratio
dropped from 87 to 46 between 1985 and 1990, a change of 47%.
The number will continue to drop as Ocoee residents continue
to shift from relying on employment and services outside the
City to relying on new employment inside the City. The
projected commercial area reflects a ratio settling into the
20 to 30 persons per acre range.
3. Industrial Land Use
In coordination with the Orange County Planning Department,
the City will assume that 15.7 percent of the employment base
of the City are employed in the industrial trade. In
addition, based on the current correlation of employees per
acre (15 employees per acre), we can project the number of
industrial land use acreages needed through the planning
period. Table 11 provides these projections.
TABLE 11
PROJECTED INDUSTRIAL ACREAGES NEEDED
Year
Population
# Employed
Acreages Needed
1995
7,970
11251
83
2000
9,837
1,544
103
2005
12,224
11919
128
2010
13,327
2,406
160
Source: City of Ocoee Planning Department, 1990
While the above table shows that the projected industrial
acreage will be adequate as a minimum, consideration should
also be given to the trend of increased employment opportunity
within Ocoee. The trend is consistent with the emergence of
Ocoee as a transportation center within the region. A review
of the past trend shows that the ratio of population to
industrial acreage dropped substantially (52%, from 101 to 48)
between 1985 and 1990. Evaluating the projected acreage shows
that it will range between 45 and 70 during the planning
period, which is consistent with the range held between 1985
and 1990.
as depicted in Table 11, there will be an adequate number of
acres in industrial use in the City through the year 2010
(acreage needed = 160, acreage projected = 520.8).
32
CPA-94-1-2
4. Recreation and Open Space (including conservation areas)
A reasonable guideline for recreation and open space is 25
acres per 1,000 resident. Table 12 identifies the number of
acres needed to adequately serve the future population of the
City.
TABLE 12
ACRES NEEDED FOR RECREATION AND OPEN SPACE
Year
Population
A c r e s
Needed
1995
18,114
453 acres
2000
22,357
559 acres
2005
27,782
695 acres
2010
34,835
871 acres
Source: City of Ocoee Planning Department, 1990
Based on the projected acreages provided in Table 12, there
will be an adequate supply of recreation and open space within
the City through the planning period (2010 - acres needed =
871, 2010 - acres projected = 1,580.4). Approximately 33
percent of the acreage devoted to recreation and open space
shall be activity based. The remaining 67 percent shall be
open space and conservation lands.
5. Institutional Land Use
Based on the current service of 7.0 acres per 1,000 residents
we can project the need for institution land uses through the
planning pericd. Table 13 identifies these needs.
TABLE 13
PROJECTED INSTITUTIONAL LAND USE ACREAGES
Year
Population
A c r e s
Needed
1995
18,114
127 acres
2000
22,357
156 acres
2005
27,782
195 acres
2010
34,835
244 acres
Source: City of Ocoee Planning Department, 1990
33
Based on the projections used in Table 13, by the year 2010,
there will be 244 acres of institutional uses in the City. As
can be seen above, this number adequately serves
Population of the City. the projected
F. Availability of Services
The intent of the legislature in
requirement, fpassing the ound in Chapter 163, Florida Statut scar ssto
ensure adequate and effec
facilities to factive provision of services and
ilitate projected growth.
doctrine states that a development order orThe concurrency
ermit an any
project shall not be issued if the project will reduce the
existing level of service below that which is established in
the Capital Improvements Element. The Department of Cor=unity
Affairs' stated policy is that the necessary facilities and
services be under construction at the time the permits are
issued, complete when the development occurs, budget, or a binding contrafunded in the
ct for construction of the facility
is signed. The necessary services that fall under the purview
Of concurrency are roads, sanitary sewer, solid waste,
drainage, potable water, and recreation. Each of these
services are detailed within their corresponding elements and
are summarized below.
1• Traffic Circulation
The future road needs of Ocoee through the year 2005 were
developed using the Future Land Use Ma
standards, and public involvement. p' system performance
calibrating a computer traffic assignmentThe process involved
land use data to simulate existing model using existing
Thereafter, this
model was run with year 2005lanuses volum to•Produce year 005
traffic volumes. After a master road plan was improvements and priorities were established. developed,
These ranked
projects were then segregated into five year increments.
first five year increment will The
='=ansportatior_ Lmcact : `o serve as the basis for the
Crd_nance.
The 1989-1993 Transportation
Orlando Improvement Program (TIP) for the
Urban AArea doc•,
area's =ents planned improve_ents to the
transuortation system through fiscal year 1993. Figure
o" in the Traffic Circulation Element identifies the programmed
improvements in the Ocoee area.
The Northwest Beltway has been designed and the East-West
Expressway is nearing completion by the Orlando Orange County
Expressway Authority. Both of these facilities will
direct connections to the Cit I have
Clarke Road will y• On the east side of the City,
I1 be built from SR 50 north to Clarcona-Ocoee
Road (See Traffic Circulation Element). Clarke Road will
become a major four laned arterial roadway within the City and
as such, the Clarke Road corridor will be the focus of growth
34
within the community throughout the planning period.
Four year 2005 traffic assignments were produced in developing
the long range transportation plan. The existing network was
updated to include projects in the five year work program.
This was the base plus committed highway network. The year
2005 assignment was executed twice, once to determine average
trip lengths and once to determine area deficiencies.
Deficiencies (links with Volume to Capacity Ratios greater
than 1.1) were identified (See Traffic Circulation Element,
Table 16).
Two additional year 2005 traffic assignments were performed.
The third assignment contained the base plus committed network
as well as improvements to Clarke Road, Hackney Prairie Road,
and Maguire Road. The final future traffic assignment
included improvements to: McKey Street, Franklin Street,
Marshall Farms Road, and W.B. McGee Highway (SR 50). The
recommendations for improvements to the arterial and collector
street systems are provided in the Traffic Circulation
Element. The implementation device for projects other than
those built by the Department of Transportation, the Orlando
Orange County Expressway Authority, Orange County and private
investment is the Transportation Impact Fee Ordinance.
2. Sanitary Sewer
As of April 1989, the City has provided wastewater service to
approximately 1,850 customer connections and operates two
wastewater treatment facilities, nine pumping stations, and
21.9 miles of sewer lines. Table 3 of the Sanitary Sewer
subelement of the Infrastructure Element details the City of
Ocoee's 'service area population and sewage flow rate
projectlons up to the year 2010. These projections are based
on the City's requirement that all new developments connect to
the wastewater system, if at all practical. To meet the
growing demand of wastewater treatment in Ocoee, the City has
developed a construction schedule to assure adequate
collection/transmission, treatment and disposal facilities.
Table 4 in the above referenced subelement details the
proposed twenty year facility construction schedule. These
improvements include the expansion of existing disposal areas,
provision of additional collection/transmission systems,
construction of an interim sludge facility, construction of an
additional 1.0 million gallons/day (mgd) Wastewater Treatment
Plant (WWTP), construction of an additional 1.0 mgd
clarification unit, construction of a first phase solids
handling facility, and the construction of a 2.0 mgd effluent
filtration system. As previously stated, Table 4 of the
Sanitary Sewer subelement provides a construction schedule for
each of these improvements.
35
3• Solid Waste
Based on data provided by the Orange County Refuse Disposal
Department, the Orange County Landfill has experienced a
tremendous increase in the amount of waste deposited since
operations began. This increased demand has shortened the
service life of the 1,500 acre landfill to an estimated
expectancy of 8 to 10 years. The 1,500 acre landfill site has
a capacity of 12.5 million tons. As indicated by the
Department, the tonnage deposited each year is rapidly
increasing. Through 1987, approximately 5,904,833 tons of
waste were deposited, leaving 7,051,500 tons of capacity.
Based on projected deposit amounts for the landfill (provided
by the Orange County Planning Department), the existing
landfill capacity will be exhausted by FY 1996-97. However,
the projections do not account for the effect of mandatory
reductions in the volume of solid waste brought to the
landfill. The recycling programs designed to reduce the
volume of solid waste accepted at the landfill will
effectively increase the life expectancy of the County
landfill through the year 2010. In 1987, Orange County
initiated the acquisition of 3,400 acres adjacent to the
existing site. With the acquisition of additional land and
subsequent permitting of additional disposal cells, the County
landfill will extend its expected service life an additional
50 years.
4. Drainage
The regulations currently existing and enforced by the City of
Ocoee, the St. Johns' River Water Management District
(SJRWMD),. and the Florida Department of Environmental
Regulation (FDER) adequately regulate new development in
regards to stormwater quality. The regulations also do a good
job of regulating stormwater quantity discharges from new
development, in basins which have positive outfalls. The
current problems arise from two sources which historicaliv
have not been adequately addressed. The first are areas
developed prior to stor=water regulations. These areas
without water quality controls continue to add pollutants
carried by stormwater runoff to the lake systems. The second
problem area is that of new development in landlocked basins.
Dealing with those areas which were previously developed will
require a ccmmitment of both time and money on the part of the
gcvernmental bodies affected. Studies will be performed to
determine which areas have direct stormwater discharges, the
Pollutant loading of the discharge, the possible alternatives
to reducing the pollutant load, the cost of each alternative,
and a recommendation on what alternative should be
implemented. To fund the improvements for areas previously
developed, a stormwater utility will be utilized.
The areas surrounding the landlocked basins which have not yet
36
CPA-94-1-2
been developed can be controlled by strict regulations in the
form of a Master Drainage Plan. Requiring the retention of
the 100 year storm will provide an added measure of
Protection. These areas may also require restrictions on land
uses which contribute additional flows to the basin through
such improvements as septic tanks and irrigation.
In conclusion, the City shall undertake a major basin study
and develop a Master Drainage Plan by 1992 as noted in the
Drainage subelement of the Infrastructure Element. In
addition, levels of service for drainage as presented in the
Drainage subelement of the Infrastructure Element shall be
adopted and land development regulation shall be implemented
to regulate developments.
S. Potable Water
Water facilities should be designed to provide the projected
population's needed supply. The level of service is an
indication of service quality provided by or proposed to be
provided by a water facility, based on the operational
characteristics of the facility. The normal water
consumption, on average, per person is 140 gallons per day or
300 gallons per day per equivalent residential unit (ERU).
This number is typical for domestic water systems in general,
and is accepted by the SJRWMD. Therefore, 300 gpd/ERU is the
level of service which will be provided by the City of Ocoee.
In addition, 300 gpd/ERU is used as the level of service for
projecting future water demands.
As of Aaril 1989, the City of Ocoee provided water service to
a population of 14,000 people and operated three water
treatment facilities, and approximately 50 miles of water
mains. The projections for water use was based on population
Projections and the City's service area boundary through the
year 2010. These projections are based on the City's
anticipation to deliver water capacity to all new developments
within the planning area.
To meet the growing demand of water treatment in Ocoee, the
City has developed a construction schedule for system
improvements to assure adequate treatment and distribution
facilities. Table 14 in the Potable Water subelement of the
Infrastructure Element details this proposed twenty year water
system improvement schedule. See Infrastructure Element,
Potable Water Subelement.
6. Recreation and Open Space
Future recreation needs were projected for he years 1991,
1995, 2000, 2005 and 2010 using the City"''s recreational
guidelines and the projected population of Ocoee in each of
those years. Tables 7 and 8 of the Recreation and Open Space
37
Element identifies those needs. Those capital improvements
needed through the year 1995 shall be implemented through the
use of the Recreational Parks Facilities Impact Fee Ordinance.
G. Natural Resources
The limited natural resources within the City of Ocoee shall
Play an important role in the permitting of future
developments. By promoting concentrated developments and
mixed use proposals, the City will aid in the preservation of
its environment and resources. Natural resources that are
threatened by urbanization include air quality, groundwater,
surface water, native vegetation and wildlife, and
floodplains. These resources are summarized below.
1. Air Quality
Air quality in the City of Ocoee is monitored by the Orange
County Environmental Protection Department through their
ambient air monitoring program. Due to the prevailing west
winds in Ocoee, the City is usually not affected by the poorer
air quality found to the east in Orlando. The Air Quality
Index for the City is general < or = to 50, with a Eealth
Effect Descriptor, "Good".
There are no major heavy industrial plants in the City that
generate large quantities of point source emissions. The most
significant emission generators are automobiles. The K
Department of Environmental Regulation periodically monitors
these emissions to ensure that this source does not become a
major Problem. To ensure the success of this process, the
City shall continue to coordinate with the Department of
Environmental Regulation.
2. Groundwater Quality
Currently, there are no contamination problems within the City
with water drawn -'-from the Floridan aquifer. However, the
constant pumping from the aquifer may exhaust the supply or
create a situation where contamination is likely. Aquifer
recharge is the only way to ensure continual water supply.
As development continues in Ocoee, the amount of recharge area
will decrease. Presently, the southern and eastern portions
of the City are experiencing substantial growth. The St.
Johns River Water Management District is currently developing
criteria for groundwater recharge area regulations. The City
can presently utilize the same criteria found in the Drainage
subelement which controls contaminants to surface waters.
This program will aid in protecting the surficia! aquifer from
any further source of pollution.
A City-wide groundwater aquifer recharge plan and well -head
Protection program will be developed to protect aquifer
38
recharge volumes upon completion and receipt of the SJRWM, s
plan. Included in the aquifer recharge plan will be
development guidelines and regulations for development in all
high recharge areas.
3. Surface Water
Like groundwater, surface waters must be protected. Surface
waters maintain fish and wildlife habitats and offer
recreation and aesthetic values. In urban areas, water
quality problems can be caused by polluted run-off from
streets, roads, and other impervious surfaces.
The waterbodies within the City, in general, are of good
quality. However, these wetland systems are continually
threatened by development pressures and pollution. The City
will continue to develop its program to protect these areas.
The programs includes land use and building setback
restrictions, development limitations in floodplains, and
upland and wetland protection.
4. Endangered Flora and Fauna
Uplands and wetlands also provide habitats for many species of
wildlife such as Gopher Tortoises, Florida Scrub Jay, and
Indigo Snakes. Preserving and protecting uplands and wetlands
is the best way of saving these species from extinction.
Proposed activities which would destroy or degrade the
function of wetlands or deprivate habitats shall not be
permitted except where there is no practical alternative.
Where unavoidable, mitigation measures shall be undertaken.
Land development proposals shall include identification of,
and management plans for rare, endangered, and threatened
floral and faunal species and their habitats. Conservation
efforts shall include "wildlife corridors" and buffers to
permit wildlife to move throughout the areas and maintain
their ex-stence.
5. Flood Prone Areas
Floodplains and flood prone areas are identified in the
Drainage subelement of the Infrastructure Element. Currently,
the City prohibits development in the floodplains through its
Flood Damage Protection Ordinance.
6. Soils
In Orange County, a six class system of soil potential ratings
has been developed in coordination with the Soil Conservation
Service. The six classes are identified and defined in the
Conservation Element of this Comprehensive Plan.
39
Because of the nature of soil composition, soil borings are
usually required to determine the properties of the soil
content. A site's soil potential will be evaluated on a site
by site basis through on -site examination and testing. (For
additional information on soils, see the Infrastructure
Element, Drainage and Natural Groundwater Aquifer Recharge
subelements, and the Conservation Element of this
Comprehensive Plan).
H. Redevelopment
Redevelopment should be encouraged to optimize existing
infrastructure. Redevelopment and revitalization protects the
substantial investments in public facilities that currently
exist.
1. Blighted Areas
No areas within the City have been identified as requiring
comprehensive redevelopment activities. However, the City
shall conduct detailed studies of all areas where blighted
conditions (including drainage and infrastructure
inadequacies) may occur. This information will be used to
submit applications for Community Redevelopment funds.
2. Elimination and/or Reduction of Incompatible or Non -Conforming
Uses
To adequately respond to the issue of non-confo=ing uses, the
City will develop non -conforming use regulations. These
regulations will stipulate that any non -conforming activity
must be phased out in time by prohibiting the expansion of
Physical facilities, or their replacement, unless there is
more than 50 percent destruction.
In addition, as redevelopment occurs, plans shall be reviewed
tc ensure their compatibility with surrounding land uses.
3. Tnf_ll
Infi11 is defined as those properties inside the urbanized
portion of the area which already have public services and
infrastructure but have been skipped over in the development
process. Generally, infill sites are limited in size to a few
acres or less and are located in an area where the surrounding
development is at least 15-20 years old. The bulk of the
property has been vacant or underutilized for at least five
years. This development alternative is advantageous to local
governments for a number of reasons, including, but not
limited to a means of reducing infrastructure investment,
improving tax bases, and often restoring the vitality to
declining neighborhoods. For developers, the advantages
include being close to commercial areas and having
infrastructure already in place.
40
The following conditions are important to the successful
development of a site: 1) proximity to employment;
transportation; and shopping, cultural, recreational, and
other facilities; Z) evidence of successful small scale
individual rehabilitation or redevelopment projects; 3)
innovative solutions to those limitations that have prevented
sites from being developed; and 4) a minimum of problems with
crime, pollution, or services.
Promoting development can be accomplished through the
provision of economic and regulatory incentives. Such
incentives may include floor area ratio credits, streamlining
the permitting process for development proposals within these
areas, zoning variances on building setbacks, side yard and
parking requirements and allowing sufficiently higher
densities to make investment profitable and affordable housing
possible.
The most important role that the City can play in the process
of infill development is that of providing the necessary and
costly initial research. This includes the field and data
survey to determine what land is available and what the
development problems are. The resulting catalog of sites
would permit local officials to determine what alternative
development implications would mean to the public and
determine procedures or which of the aforementioned incentives
should be utilized to encourage the maximum private
development.
I. Special Strategy areas
While most of the City of Ocoee will see land use develop not
unlike that observed in the recent past, there are two areas,
one that will see phenomenal growth and one that will need
special attention to promote growth, these shall be termed
"Special Strategy Areas (SSAs). First, "Interchange Impact
Areas (ILks) are areas that will provide access to
expressways, that generate high volumes of trips, and
convenient access to the Orlando International Airport,
industrial and commerce parks to the south and east, the
Florida Turnpike, the Beeline Expressway, and downtown
Orlando.
Through these IIAs, the City of Ocoee will evolve into a
transportation hub - a regionally significant center. In
realizing the impacts these areas will have on the City, they
have become area; that will require special development plans,
not unlike the planning of Developments of Regional Impact
(DRIs). Secondly, "Downtown Redevelopment Areas" also promote
interest and concern. These areas present problems with
economic impacts involving redevelopment, retrofitting and
gentrification.
41
In addition, future "activity centers" have been identified.
These centers will be at the intersection of Clarke Road and
Silver (S.R. 438) and at the intersection of the Blackwood
Avenue extension and S.R. 50 (the location of
Orange Hospital). the new West
1. Interchange Impact Areas (IIAs)
IIAs include the following locations:
interchange of the Northwest Beltway and Fuller' CrossPropose
Road;
(b) the Northwest Beltway and Silver Star Road (S.R. 438) (c)
the Northwest Beltway and S.R. 50;
interchange of the Florida Turnpike and Maguirei) the proposed
the interchange at S.R. 50 and the Western Extension of the
East-West Expressway (See Figure 12) . The land uses that take
place in these areas could radically affect the City of Ocoee.
In order to ensure orderly and efficient growth in these
areas, the City will require the development of Interchange
Development Plans.
By January 1, 1992, land development regulations shall require
any developments on greater than 10 acres to be consistent
with the Interchange Development Plans. These Plans shall be
developed by land owners and City staff to ensure the maximum
and most feasible use of these areas. In addition, carrying
capacities of these areas shall be determined through the
transportation system. For each area, existing trip
generation data shall be developed. The City will set a limit
on the additional trip generations permitted within areas for the purpose of concurrency. these
At the time this carrying capacity has been met, additional
development will not occur until the carrying capacity has
been increased to allow for greater trip
Plans shall also predict the amount of sanitarygeneratryas. These
potable water that will be necessary to serve theses
eses areas .
It is consistent with the Future Land Use Map that these areas
include a mix of retail, general commercial, and light
industrial. In the develcpment of these areas,
those plans
that provide a sustainable development shall be approved.
Those Plans that promote the location of regional
headquarters, commerce, office and industrial parks shall be
considered first and foremost. Developments that will not be
permitted to occur in mass quantity include, but are not
limited to, strip commercial centers and great trip
generators, i.e., corner markets, gas stations, and fast-food
restaurants. To ensure efficient traffic flow,
shall be restricted in these areas. curb cuts
II As sa__ include all land within a one -quarter mile radius
42
Of. the interchange area. If any portion of a parcel lies
within the radius of the area, the owners of the parcel shall
be required to participate in the development of- the
Interchange Development Plan. Those properties that have
approved development plans as of the adoption of this plan,
shall be exempt from the requirement to coordinate in the
formulation of the Plan; however, they shall be encouraged to
provide a development compatible with the adjacent uses
proposed in the IIA.
2. Downtown Redevelopment Areas (DRA)
The objective of the DRA is to attract reinvestment in the
downtown area of Ocoee. Through flexible land development
regulations and codes, innovative designs, such as on -street
parking, pedestrian ways, and mixed use scenarios will be
promoted. Density allowances, among other incentives may be
offered to developers to attract them to the area.
Downtown redevelopment can benefit the City by increasing the
tax base. Benefits to residents include increased property
values, a unique visual and pedestrian experience,
opportunities to live and work within the same community, and
economic viability to those who own property within the area.
Proposed development schemes should include visual landmarks
and public areas; quality pedestrian areas; mixed uses,
including retail, general commercial, restaurants,
condominiums, and professional offices and services. Within
the DRA, pedestrian travel shall be encouraged by guiding the
use and setbacks of buildings, and street and sidewalk design.
Buildings should be close to the street and include retail and
restaurant an the first floor. Sidewalks should include
benches and landscaping. The street design should provide for
well planned corridors that are aesthetically pleasing and
pedestrian oriented.
One methcd of underwriting redevelopment is tax increment
financing. This method "freezes" the tax base within the
renewal area when the project is officially established.
Additional real property taxes generated as new buildings are
constructed are not added to the general revenue of the City
as is normally done, but are fed back into a special fund for
the renewal are to be used for public improvements and
neighborhood purposes that make the area more attractive for
private investment and further renewal. Usually, a number of
years or a limit on the total amount of taxes committed to the
renewal area are specified at the beginning of the project.
Initial start-up costs are met by the sale of municipal bonds
to be repaid from the tax increment funds.
Figure 13 identifies the area the City will consider for
43
redevelopment activities.
3. Activity Centers
Activity Centers are those areas within the
major intersections. The Activity Centers identified f edact zby the
City include the intersection of Clarke Road and Silver Star
Road the intersection of Clarke Road and S.R. 50, among others
(Figure 14).
Activity Centers will be the major nodes of employment within
the City and will include residential and support
land uses. In order to create successful commercial
policies must be included within this activity centers,Comprehensive Plan to
direct the Activity Center plan. Mixed land use and
pedestrian as well as transit travel must be emphasized in the
design of these Centers. To achieve this mixed use scenario,
zoning codes will have to be restructured to allow for
ancillary and compatible uses. Setback allowances and
increased floor area ratios are two mechanisms that should be
considered within the Activity Center plans.
Specifically, these Activity Centers should be surrounded by
several residential areas that contain a mix of housing types
and densities. Retail, service and recreational facilities
shall also be integrated within these areas. Non-residential
areas shall establish the hub and the focus of the area.
Retail and service establishments, including day care centers,
government buildings, and cultural centers should also be
included within the Centers. Activity Centers should be
within walking or bicycling distance to most residents.
Sidewalks should be placed on both sides of the roadways and
shall be connected to sidewalks within residential
developments. All parking areas shall be heavily landscaped
and setback allowances shall be given for any parking located
behind buildi:gs.
44
IV. GOALS, OBJECTIVES, AND POLICIES
GOAL
Gcals, Objectives, and Policies are critical to the
implementation of the Comprehensive Plan and each Element. They
are important policy statements that have been carefully
considered by the Local Planning Agency and the City Commission.
They represent an official statement of public policy that will
be used to manage the future development of the City.
A goal is a statement of purpose intended to define an ultimate
end or condition. It reflects a direction of action, and is a
subjective value statement.
An objective is a specific, measurable action that can be taken
toward achieving the goal. Goals may include more that one
objective. That is, there may be more than one milestone
necessary to achieve a goal.
A policy is a specific activity or program that is conducted to
achieve a goal. Policies include statements of priority for
action and/or mandates for actions that will be taken to achieve
the goal or objective.
TO PROMOTE, PROTECT, AND IMPROVE THE PUBLIC HEALTH, SAFETY,
GENERAL WELFARE, AND AESTHETICS THROUGH THE PROVISION OF
APPROPRIATE LAND USES BY ESTABLISHING AN APPROPRIATE PATTERN OF
LAND USE AND DIRECTING DEVELOPMENT ACCORDINGLY.
Objective 1
By 1992, the development of land shall be regulated to ensure
that newly developed property and redeveloped property is
compatible ( meaning, not in direct conflict with uses with
regards to specific zoning categories, density and intensity)
with adjacent uses and natural features and resources including
t-pography, vegetat'_on, and soil conditions.
Policy 1.1
The City shall review, through the development review process,
all plans for development and redevelopment to ensure their
compatibility with adjacent uses.
Policy 1.2
The City .shall regulate land development, through the adoption
of the land development regulations, to reduce, eliminate and/or
prevent negative impacts related to noise, traffic, light,
drainage, water quality, toxic and hazardous materials, litter,
dust, visibility, and other factors. This shall be accomplished
by establishing and enforcing specific environmental performance
standards, consistent with state and/or federal standards and
with the City's technical enforcement capabilities. Standards
45
shall be based on the measurement of the undesirable
characteristics at the property line of the land on which the
generating use or activity is located and shall be based on
performance levels deemed to prevent nuisance to surrounding
properties.
Policy 1.3
The City shall mitigate impacts by using regulations related to
landscaping, setbacks, walls/fences, on -site parking, on -site
traffic flow, lighting, signs, pedestrian access, vehicular
access and other factors which will mitigate off -site impacts
and enhance the health, safety, welfare and appearance of the
built environment while providing an effective buffer between
uses. Development regulations will be updated by 1992.
Policy 1.4
The City shall allow mixed uses in the Special Strategy Areas
(SSA's) which include the Downtown Area, the Interchange Impact
Areas, and Activity Centers, and shall use strict design
criteria to provide an attractive appearance and to offset
negative impacts, sprawling development patterns and the
proliferation of strip commercial development.
Policy 1.5
The City shall require that industrial parks develop with
internal traffic circulation and buffering from adjacent roads
and properties.
Policy 1.6
The City shall control strip commercial development through
access limitations by restricting commercial land uses to the
intersections of arterial and non-residential collector roads,
along designated arterial and collector roads and (3) within
Planned 'Unit Developments. This shall be accomplished through
the land development regulations.
Polic•r 1.7
The land development regulations shall promote innovative
development in those cases where a public benefit can be
realized and impacts can be offset by the development, as
follows:
o 'Utilize Planned 'Unit Development zoning to allow for
mixed uses and unconventional development designs in
those cases where the developer can demonstrate
improved living environments, protection of natural
resources or increased effectiveness of service
delivery.
o Provide development standards that create useable ot)en
spaces in new developments.
46
Policy 1.8
The City shall review and update the
Regulations by 1992. These regulations
objectives, and policies contained in
and shall be consistent with the Future
Policy 1.9
City's Land Development
shall reflect the goals,
this Comprehensive Plan
Land Use Map.
The City shall not establish new industrial development strip
zoning along major corridors and shall review existing zoning
along major corridors in order to reduce the intensity of the
industrial zoning. Heavy industrial uses which are generally
not aesthetically desirable shall be strongly discouraged along
arterial and collector streets or shall be required to provide
berms and/or opaque screening or fencing so as to eliminate
visibility of building or outside storage area from the street.
Access to industrial areas shall be attractively landscaped and
signed. Buffers shall be used as set forth in the City of Ocoee
arbor and landscape ordinance, Ordinance No. 90-14.
Policy 1.10
The City shall continue to coordinate with Orange County on all
annexation-ae��=-- .. _ _ _ __ _ , _
develarfmeftJ5_ --
_ew--Although the "Cooperative Agency of Municipal
Planning" (CAMP) Agreement was not executed, due to a lack of
consensus, the City shall continue to review of plans with the
adjacent local governments of Apopka, Winter Garden, Windermere,
and Orlando.
�O11CV 1.11
The following density and intensity restrictions shall apply
within the land use categories established on the Future Land
Use May.
o Low Density Residential (less than 4 dwelling units per
acre)
o Medium Density Residential (4 to 8 dwelling units per acre)
o High Density Residential (8 to 16 dwelling units per acre)
o Planned Unit Developments - The overall net density of
these developments shall be 8 dwelling units per acre or
less.
o Commercial - FAR 0.3
o Commercial/Professional Office - FAR 0.5
o Industrial/Light - FAR 0.3
o Industrial/Heavy - FAR 0.5
o Institutional - FAR 0.3
C--
Conservation - FAR 0.1
Park and Recreation - FAR 0.1
Policy 1.12
To adequately respond to the issue of non -conforming uses, the
City will develop mon-conforming use regulations, in the revised
land development regulations. These regulations will stipulates
that any non -conforming activity must be phased out by 2001, by
prohibiting the expansion of physical facilities or their
replacement, provided that facilities may be repaired if damage
results in a reduction in value of less than fifty (50) percent
of the value prior to the damage.
Policy 1.13
48
Objective 2
To provide adequate services and facilities to newly developed
or redeveloped property and to protect the ability of those
services and facilities to function properly. These services
and facilities shall be provided in an economically feasible
manner, as outlined in the Infrastructure Element Subelements,
and shall be provided in a manner to discourage urban sprawl.
Policy 2.1
The City shall adopt level of service standards in the
respective elements of this Plan that define adequate public
services and facilities (for levels of service standards, please
see Policy 1.1 in the Capital Improvements Element of this
Comprehensive Plan).
Policy 2.2
The City shall adopt and annually revise a Capital Improvements
Program (CIP) to schedule the provision of future public
services and facilities, including the acquisition of land that
will be provided by the City. The Concurrency Management System
shall be utilized to indicate possible infrastructure
deficiencies and identify target areas for improvements.
Policy 2.3
The City shall require development to have adequate services and
facilities available prior to or concurrent with the impacts of
the development, consistent with adopted standards. Services
and facilities include: potable water, sanitary sewer,
drainage, solid waste, roads, and parks. This policy shall be
implemented through the Concurrency Management System as defined
in the Capital Improvements Element..
Policy 2.4
By 1992, the City shall allow only land use patterns and
development that can be efficiently provided with necessary
public services. This shall be regulated through the
Concurrency Management System as described in the Capital
Improvements Element of this Comprehensive Plan.
Policy 2.5
The City shall consider requests for voluntary annexation into
the City when those lands are logical extensions of the existing
49
Citv limits, when services can be properly
Proposed uses are compatible with the City's Comprehensive when
the Fri 'Agreemen For the purpose of this Policy, an
a3 i i: c iexat•on shall be considered as a logical extension if
.thsa. the Simt a the 3P� aac meets the tec hn
i 1
ca
c iter
:M za of
�...��.rvm Qii k QIi t„ --
ervices wil ' be'.o:.:k,:<;a:::::::<::<.
bee ::....: r
... ns ered 'as
g Pro erl...,. ......:,: ,..
P y provided if the` existing or planned
facilities can support the land uses and densities Public
the area to be annexed consistent with the level of proposed
standards set forth in this plan.
Policy 2.6
In order to utilize existing facilities efficiently, the City
shall encourage infill within developed areas.
development can be accomplished through the provisiontjng of
economic and regulatory incentives. Such incentives may include
floor area ratio credits, streamlining the permitting process
for development proposals within these areas, zoning variances
on building setbacks, side yard and parking requirements and
allowing sufficiently higher densities to make investment
Profitable and affordable housing possible.
Policy 2.7
The City shall promote infill development through the Provision
of economic and regulatory incentives, including, but not
limited to the following: floor area ratio credits, streamlined
pew=tting Processes, and higher densities within infill
designated areas. By 1992, the City shall make available
technical assistance, through the provision of field and data
surveys to determine what land is available for infill and what
the development problems are. The resulting
would Pe=it local Officials to dete__ catalog of sites
rnative
development implications would mean to the Public andTde ermine
procedures or which of the aforementioned incentives should be
utilized to encourage the maximum private development.
Policy 2.8
The City shall require new developments to Provide necessary
services and facilities or to pay a fair share of the cost of
those services and facilities. These services and facilities
shall conform to the adopted level of service standards.
50
Policy 2.9
The City shall encourage development when and where appropriate
facilities and services to support it are available (based on
the levels of services standards adopted concurrent with this
Comprehensive Plan), thereby discouraging urban sprawl and
ensuring that concurrency is met. The following policy
statements demonstrate how compliance shall be implemented.
o Developments orders shall not be approved if mandated
services are degraded below accepted LOS standards.
o The following public facilities and services shall be
available for new development in all urban areas: schools;
roadways; solid waste collection; stormwater management;
fire and police protection; potable water, sanitary sewer
or septic tanks if the soils are acceptable.
o Through appropriate land development regulations and
provision of effective urban services, the City shall
promote inf ill development within the municipal boundaries.
o The City shall assure that adequate facilities and services
are available to support the new development as specified
in the Concurrency Management System.
o The land development regulations shall be modified within
one year to reflect the policy of controlling control urban
sprawl.
Policy 2.10
By 1995, the City shall complete a study of all areas where
blighted conditions (including drainage and infrastructure
inadequacies) may occur. The results of this study will become
support material for any Community Redevelopment grants the City
may submit.
Objective 3
3y 1993, the City shall adopt and implement plans and programs
for the Special Strategy Areas determined by the City Commissicn
to meet the criteria established by Chapter 153, Florida
Statutes.
Policy 3.1
The City shall require special development plans for Interchange
Imp
act Areas, Downtown Redevelopment Areas and Activity Centers.
Policy 3.2
By 1992, the City shall implement the land development
regulations that put in place the mechanism that will allow for
mixed uses in the Special Strategy Areas development plans.
51
Policy 3.3
The City shall support the redevelopment of downtown areas by
providing preferential incentives; conducting special studies;
and encouraging the centralization of commercial, governmental,
retail, residential, and cultural activities.
Policy 3.4
The City shall provide public services and facilities to all
neighborhoods in an effective manner.
Objective 4
By 1992, the City shall develop land development regulations to
Protect and properly utilize natural resources in accordance
with the Conservation Element, the State and Regional Policy
Plan, and the following policies:
Policy 4.1
The City shall protect areas of environmental concern and areas
of scenic value, as identified in the Conservation Element,
through development regulations and public programs, including;
but not limited to environmental awareness programs at
recreational facilities and in schools.
Policy 4.2
The City shall use development regulations to protect air and
water quality, flood -prone areas, natural wetland, natural
habitats, and the Floridan and surficial aquifers. This shall
be accomplished by such regulations as are described in Policy
4.3. In addition, the City shall cooperate with federal, state
and regional environmental management agencies to identify and
monitor unusual activities associated with non-residential uses
and to refer observed violations to the appropriate enforcement
author ties.
Policy 4.3
Within one year of the effective date of this Comprehensive
Plan, the City shall implement land development regulations to
protect surface water quality including, but not limited to:
restrictions in building setbacks, land use restrictions to
ensure compatibility, development limitations in floodplains,
and upland and wetland protection. Land development regulations
shall include restrictions on development within the 100-year
flood elevation. Flood elevations shall not be adversely
impacted and the water quality of the water body shall not be
degraded. Land development regulations shall provide adequate
Protection for wetland areas and require central sewer for
development within and adjacent to wetlands or 100-year flood
52
elevations.
Policy 4.4
The City shall promote the use of upland and wetland corridors
and buffer zones (greenbelts). Studies shall be conducted to
incorporate standards for zones and their locations for
inclusion in the Land Development Regulations.
Policy 4.5
The City shall, in coordination with developers, evaluate soil
potential on a site by site basis through on -site examination
and testing. Specific characteristics and criteria under
examination shall be identified in the Land Development
Regulations.
Policy 4.6
By 1992, the City shall require developers to delineate
conservation land on a site by site basis as their development
proposals are submitted. The criteria used for the delineation
shall be addressed in the Land Development Regulations.
Policy 4.7
By 1992, the City shall implement Land Development Regulations
that require development proposals include the identification of
and management plans for rare, endangered, and threatened flora
and fauna species consistent with the criteria outlined in the
Land Development Regulations and the Conservation Element of
this Comprehensive Plan.
Policy 4.8
By 1992, proposed activities which would destroy or degrade tae
functions of wetland or habitats shall not be permitted. if
there is no practical alternative mitigation measures shall be
undertaken on a three for one basis, consistent with the Land
Development Regulations.
Policy 4.9
The City shall continuously plan for and only approve
development matt----s that are consistent with natural drainage
and water storage plans. d Stormwater Utility shall be
completed by October 1991 to further implement this policy.
Policy 4.10
The City shall amend the existing and future land use maps upon
completion of the City's Well Head Protection Program, which
shall be adopted by December 1992. An interim protection zone
of 200 feet is depicted.
53
Objective 5
By 1992, the City shall inventor1r
update the Land Develolocal historic sites and
resources. pment Regulations to protect historic
Policy 5.1
By 1992, the City shall preserve historic resources and promote
quality architecture compatible with those historic resources
When feasible.
Objective 6
By 1992, the City shall update the Land Development Regulations
to preserve existing and future neighborhoods, as follows:
Policy 6.1
The City shall develop standards in the Land Development
Regulations that require buffer zones to protect new and
established residential areas adjacent to new and established
non-residential, uses. Buffer zones shall be defined within the
Land Development Regulations, based on the following guidelines:
1• "low" buffers between low-rise (two stories or less) office
or multi -family uses and single farm ly areas, consisting of
a minimum of twelve (12) feet of buffer area supplemented
by berms, walls, and/or fences, and landscaping,
2• "medium" buffers between retail commercial or high-rise
(over two stories) office and any residential use,
consisting of a Mini=u= of twenty-five (25) feet of buffer
area supplemented by berms, walls, and/or fences, and
landscaping;
�n bu-=ers between anv industrial residentialuse and any
use, cons sting of a minimum of fifty (50) feet
Of buffer area supplemented by berms, walls, and/or fences,
and landscaping.
?olicy 6.2
The City shall permit only low intensity
d low
intensity commercial development adjacent to residential areas
except where well buffered
rati(through the provision of floor area
o criteria set forth in the Land Development Regulations).
Policy 6.3
The City shall pezmit non-residential uses in a residential
neighborhood after anal sis of
that such use will y� the proposed use has indicated
not adversely affect the neighborhood, will
54
be compatible with the neighborhood, and will not be otherwise
inconsistent with this Comprehensive Plan.
Such uses may be
implemented through the zoning code by a conditional use permit
or zoning change. Non-residential uses may be permitted and
shall include, but not be limited to, home occupations, child
care centers, churches, schools, libraries, parks and
recreational facilities, marinas, boat houses, boat docks,
stables, agricultural accessory, guest cottages
ar
uses. Such uses shall be restricted to bulk regul�ons
applicable to the land use category, and to a floor -area ratio
(FAR) of 0.15.
Policy 6.4
The City shall permit transitional zoning use in residential
land use category areas. Transitional uses allowed by this
Policy shall be limited to professional office uses. The
intensity of use shall be limited to a floor -area ratio (FAR) of
0.15, and such uses shall be restricted to use of existing
residential structures, or to new structures closely resembling
residential structures. Regulations shall ensure that parking,
outside service and loading areas, and outside mechanical
equipment is regulated to protect adjoining residential areas.
Transitional zoning areas shall be restricted to those portions
of a residential area abutting a major street or a non-
residential area where maintenance of a traditional residential
land use is difficult because of the undesirable location. This
Policy shall be implemented by zoning regulations in the land
development code.
Policy 6.5
To allow for greater open spaces, density may be computed i= a
defined development project by allowing clustering in certain
areas. These clusters may be of greater density than allowable
within the land use designations as long as the total project
does not exceed maxinum dens ty as designated on the Future Land
Use !Sap. Clustering, pursuant to the foregoing concept, may be
controlled by density caps, conditional zoning or a restrictive
covenant running with the land with power of enforcement in
favor of t e Ci`v.
Policy 6.6
Land designated for industrial use should be adjacent to
railways and/or major highways. Adequate buffering should be
provided from adjacent land uses, and transitional uses such as
office or commercial uses should be provided between industrial
and residential areas.
55
Policy 6.7
The Land Development Rego=ations shall provide for adequate open
space within mew developments and redevelopment projects. The
minimum required open space within any project shall be five (5)
percent of the total site.
Policy 6.8
Where commercial development is allowed at the intersection of
major roads, no more than two (2) quadrants will be approved for
gas stations or auto -related activities.
56
V. STATE COMPRE=SlJE PLAN CONSISTENCY ST.
Chapter 9J-5, FAC, requires that the Comprehensive Plan be
consistent with the STATE COMPREaENS17-M PLAN as adopted by the
Florida Legislature in 1985. Chapter 163.3177 (10a) defines
consistency to mean that the Plan is compatible with and
furthers the appropriate regional policy plan and the STATE
COMPREsENs.I.NME PLAN. "Compatible with" means that the local plan is
not in conflict with the STATE COMPREHENSIVE PLAN or appropriate
regional policy plan. The term "furthers" means to take action
in the direction of realizing goals or policies of the state or
regional plan. The City of Ocoee may choose which state goals
and policies are applicable.
This Element represents the actions which the City will take to
be compatible with and further the goals and policies of the
STATE COMPREHENSIVE PLAN (SCP) .
VI. REGIONAL POLICY PLAN CONSISTENCY STATEMENT
Chapter 9J-5, FAC, requires that the Comprehensive Plan be
consistent with the COMPREHENSIvE REGIONAL POLICY PLAN as adopted by
the East Central Florida Regional Planning Council in 'lily 1987.
Chapter 163.3177 (10a) defines consistency to mean that the Plan
is compatible with and furthers the appropriate regional policy
plan and the STATE CoMPREHE.YSIVy' PLAN. "Compatible with" means that
the Plan is not in conflict with the STATE CoMP.REHE.vSIVE PLaN or
appropriate regional policy plan. The term "furthers" means to
take action in the direction of realizing goals, objectives, and
Policies of the state or regional plan.
This Element represents the actions which the City will take to
be compatible with and further the goals and policies of the Ens:
CZNTRAL ?LCR,DA R_:G:CNAL PCL:CY PLAN.
57
BIBLIOGRApHy
Bureau of Economic and Business Research, the University of
Florida, F:,ORIDA EST --MATES OF POPULdTION, ' 87,
1987.
ib id, POPDT A-::CN STM:EZS BULLETIN 8 9 - 9 0 , TECmIIcAL PUBLICATION # 8 3 ,
NIBy 1989.
City of Ocoee, CAPITAL LMPROVF.M %rrs ELM4ENT, 1990.
CONSERVATION ELZ,%Mr, , 19 9 0 .
- - - - - , "WRASTRUCTURE ELEMENT, 1990.
- - - - - , '-'1-ERC'OVMUV4ENTAL COORDINATION ELEMENT, 19 9 0 .
- - - - , HOUSING ELr,yT , 19 9 0 .
- - - - - , REC.QEATIou AND OP--N SPACE EL^ W , 19 9 0 .
- - - - - , TRA_F?::C CIRCULATION ..,I,r-'ET, 19 9 0 .
- - - - - , POPULATION PROJECTIoxS , 19 9 0 - 2 010 , 19 8 9 .
East Central Florida Regional Planning Council CoMPREaENsIvE
REGIONAL POLICY PLAN, July 1987.
- - - - - , COUNC:-- ME—MBERS' HaNnBCOR, January 19 8 8 .
- - - - - , LOCAL PT,a.*iNEq' S GUIDE TO 73E R= GIONAL POLICY PLdN, September
1989.
Orange County Environmental Protection Department, REPORT I987,
1988.
3-PCR^ 1999, 1990.
State of Florida, FLOR_Da � MlsrsTRaT7r CODE, CZaPTER 9u'-5 .
- - - - - , T'3.r S Ta:s LavD DEV✓LOPMEMENr P:A.v, March 1989.
United States Department of Agriculture, Soil Conservation Service,
So_D SU..R,,?Y of ORavcE COUNTY, FLORIDA, August 1989.
58
Exhibit B
Intergovernmental Coordination Element of the Ocoee
Comprehensive Plan
(revised 2/20/96)
................................
......................... .. ....
CITY OF OCOEE
INTERGOVERNMENTAL COORDINATION ELEMENT
Pacre
Table of Contents ;
I. INTRODUCTION 1
A. Purpose
�.
II. INVENTORY
2
A. Identification of
Coordinating Entities
2
B. Existing Coordination Mechanisms
3
C. Coordination with
Local Governments
a_
D. Coordination with
Regional Entities
5
E. Coordination with
State Agencies
6
F. Coordination with
Federal Agencies
G. Coordination with
Utility Companies
... ::16
III. ANALYSIS
17
A. Effectiveness of Existing Coordination Mechanisms
17
B. Intergovernmental
Coordination and Plan Elements
IV. GOALS, OBJECTIVES, AND
POLICIES
STATE COMPREHENSIVE PLAN CONSISTENCY STATEMENT
COMPREHENSIVE REGIONAL POLICY PLAN CONSISTENCY STATEMENT
40
IMPLEMENTATION
BIBLIOGRAPHY
<Z3�
INTERLOCAL AGREEMENTS
i
INTERGOVERNMENTAL COORDINATION ELEMENT
I. INTRODUCTION
In 1975, the Florida Legislature enacted the Local Government
Comprehensive Planning Act (Chapter 163, Part II, Florida
Statutes). This law required all units of local government to
prepare a comprehensive plan by 1980. Pursuant to this
mandate, the City of Ocoee adopted a plan for the incorporated
area of the City.
The 1985 Local Government Comprehensive Planning and Land
Development Regulation Act substantially amended the
requirements for preparation of local government comprehensive
plans. This law, commonly referred to as the Growth
Management Act, requires that all Plans meet certain minimum
criteria and that a Capital Improvement Element be prepared to
determine the costs and revenues associated with implementing
the Plan.
The Comprehensive Plan for the City of Ocoee includes eight
separate parts called Elements. These Elements are listed
below:
1. Future Land Use
2. Traffic Circulation
3. Housing
4. Recreation and Open Space
5. Conservation
6. Intergovernmental Coordination
7. Capital Improvements
8. Infrastructure
The strategy for preparation of the Plan is to develop each
Element in draft approvable form during FY 88-89 and FY 89-90.
Beginning November 1989, each Element will be analyzed with
the other draft Elements and modified to ensure their internal
consistency. Preparation of the Capital Improvement Element
will begin in the spring of 1990. Starting in the fall of
1990, public hearings will be held toward the formal adoption
of the whole Comprehensive Plan. The administrative Rules
that govern the schedule for submission of the Plan require
preliminary Plan adoption by Spring 1991. The planning period
for the Comprehensive Plan is 1990-2005.
The Intergovernmental Coordination Element is structured
according to the following format: 1) data summary; 2)
analysis; and 3) goals, objectives and policies. The initial
data is presented in a generalized fashion, highlighting
current intergovernmental coordination activities of Ocoee,
including the mechanisms utilized and the responsible
municipal official. Analyses are performed on a more specific
1
W
II
basis, by Comprehensive Plan element. Finally, specific means
of implementing intergovernmental coordination needs are
presented in the goals, objectives, and policies section.
Purpose
The City of Ocoee wants to take the initiative in
intergovernmental coordination of such major issues as
annexation, water conservation, housing, solid waste
management and land use compatibility with neighboring cities
and the unincorporated County neighborhoods.
The purpose of the Intergovernmental Coordination Element is
to identify and resolve incompatible goals, objectives, and
policies and development proposed in local government
comprehensive plans and to determine and respond to the needs
for coordination processes and procedures with adjacent local
governments, and regional and state agencies.
INVENTORY
Identification of Coordinating Entities
Pursuant to Chapter 9J-5.015, Florida Administrative Codes
(F.A.C.), the following organizations, utilities, and
governmental entities have been identified as being involved
in the planning and coordinating aspect of the City of Ocoee's
Comprehensive Plan:
1) Adjacent Municipalities
a) City of Apopka
b) Town of Windermere
c) City of Winter Garden
d) City of Orlando
2) Orange County
a) Orange County Board of County Commissioners
b) Orange County School Board
3) Regional Authorities
a) East Central Florida Regional Planning Council
b) St. John's River Water Management District
c) Orlando Urban Area Metropolitan Planning
Organization (OUA/MPO)
4) State
Agencies
a)
Department
b)
Department
c)
Department
d)
Department
e)
Department
of Transportation (DOT)
of Environmental Regulation (DER)
of Natural Resources (DNR)
of Community Affairs (DCA)
of Education
i
a
1.
f) Department of Health and Rehabilitative Services
(HRS )
g) Department of Commerce
h) Executive Office of the Governor (EOG)
I) Division of Historical Resources
5) Federal Agencies
a) Department of Justice
b) Department of Transportation (DOT)
c) Environmental Protection Agency (EPA)
d) Department of Commerce
e) Department of the Interior
f) Department of Defense
g) Department of Health and Human Services
h) Department of Housing and Urban Development (HUD)
I) Department of Education
j) Federal Emergency Management Agency (FEMA)
6) Public/Private Utilities
a) Florida Power Corporation
b) Southern Bell
c) United Telephone
d) Cablevision of Central Florida
e) Telesat Cablevision
Existing Coordination Mechanisms
Pursuant to Chapter 9J-5.015 (1)(a), a
existing coordination mechanisms, where
nature of the relationship (regulatory,
provided in the following text.
Existing Contracts/Agreements
brief description of
applicable, and the
advisory, etc.) is
The City of Ocoee has a number of formal agreements with
various entities for the provision of services.
The City has the following agreements with Orange County:
1. A joint planning area agreement
2. An agreement to provide sewer service to adjacent areas
outside the City
3. Cooperative Right -of -Way agreements
4. A technical assistance agreement with the Orange County
Planning Department
5. Water Service Territorial Agreement with Orange County -
Lake Whitney Development
6. Interlocal with Apopka - Fire and Rescue Mutual Aid
7. Mutual Aid Agreement with Osceola Sheriff's Department
3
The City has or will have the following agreements with the
Town of Windermere:
1. The City will provide maintenance services for the Town Is
vehicles
2. The City provides fire protection to the Town
The City has the following agreements with the City of Winter
Garden:
1. A mutual aid agreement that secures mutual aid in law
enforcement and provides that each party will assist each
other in law enforcement emergencies by providing
personnel and equipment as specified in the contract.
In
addition the City has the following agreements:
1.
A maintenance agreement with the
Florida Department of
Transportation to maintain state
roads.
2.
Ordinance number 786 grants a
cable franchise to
Cablevision of Central Florida.
3.
Ordinance number 88-41 grants
a cable franchise to
Telesat Cablevision.
4.
Ordinance number 511 grants an
electric franchise to
Florida Power Corporation.
5.
Ordinance number 490 grants a gas
franchise to the Lake
Apopka Natural Gas District.
C. Coordination with Local Governments
1. Orange County School Board
The School Board coordinates with the City of Ocoee and other
municipalities in regard to bond issues related to the
acquisition and construction of facilities.
In matters of safety and discipline, the School Board
cooperates with the City of Ocoee Police Department.
2. Orange County Sheriff's Office
The City has a mutual aid agreement with the Sheriff's
Department where both parties provide personnel and equipment
upon request by either party.
4
D. Coordination with Regional Entities
1. The East Central Florida Regional Planning Council (ECFRPC)
The East Central Florida Regional Planning Council (ECFRPC)
was organized pursuant to Chapter 186.504 and 186.505, Florida
Statutes (FS) as defined in Chapters 29, 163, and 38, FS.
The ECFRPC is organized for the purpose of providing a means
wherein local governments in East Central Florida, through its
membership, can cooperatively plan for the future of the
region. The region includes all of Brevard, Lake, Orange,
Osceola, Seminole and Volusia Counties.
The Council exercises the powers, duties, functions, and
-responsibilities for conducting planning and coordinating
review and assistance activities and functions enumerated by
the legislature. As a state designated clearinghouse review
agency, the ECFRPC is responsible for review of all state and
federal grant applications, dredge and fill permit
applications and Developments of Regional Impact (DRIs), as
well as the responsibility to ensure that the City's
Comprehensive Plan is consistent with the Comprehensive
Regional Policy Plan. The Council also provides a forum for
informal mediation to resolve conflicts or inconsistencies
arising from development of growth among the cities and
counties in the region.
The office of the City Manager and the City of Ocoee City
Commission are the offices with primary responsibility.
2. The St. John's River Water Management District (SJRWMD)
There are five water management districts in Florida. The
districts were created by the Water Resources Act of 1972
(Chapter 373, FS). The City of Ocoee is located within the
SJRWMD. The purpose of the water management districts is to
purchase and manage lands; engage in technical investigation;
develop water resource plans; regulate surface water
management facilities, and consumptive use of water,
artificial aquifer recharge and well construction; and engage
in aquatic weed control.
The SJRWMD provides technical support and data to the City.
The City Manager's Office is the office with primary
coordination responsibility.
3. The Orlando Urban Area Metropolitan Planning Organization
(OUA/MPO)
The MPO is comprised of representatives from local governments
throughout Orange, Osceola, and Seminole Counties. The MPO is
5
responsible for the implementation of the local transportation
planning process by setting transportation goals, objectives,
and policies for the area. The MPO is also responsible for
review and approval of all plans, reports, and documents
developed in the transportation planning process. The Orlando
Urban Area MPO is comprised of 16 voting members all of which
are elected officials appointed by local government.
Professional staff for the MPO consists of the Transportation
Technical Committee, the Citizen's Advisory Committee, the
East Central Florida RPC, and the Bicycle Advisory Committee.
The Transportation Department of the ECFRPC has been
designated to serve as staff to the MPO. In this capacity,
the Council planners collect and analyze data, provide for
plan and report preparation, and other required staff
services.
E. Coordination with State Agencies
State and federal agencies have regulatory and review powers
over various types of development within the municipal
boundaries of the City.
1. The Florida Department of Transportation (DOT)
The Florida Department of Transportation (DOT) was created by
the Governmental Reorganization Act of 1969. It operates
under the authority of Chapters 334-339 and 341, FS.
DOT is responsible for coordinating the planning of all modes
of transportation on land, sea, and air and for constructing
and maintaining the state highway system.
The State Transportation Engineer coordinates project
development in the seven districts throughout Florida. The
District Engineers manage and administer the Department's work
program and systems maintenance.
Urban transportation system plans are developed jointly by DOT
and Metropolitan Planning Organizations. Technical and
administrative dealings among these legally designated
planning agencies are established to conform with federal
regulations and have been formalized through interlocal
transportation planning agreements.
2. The Florida Department of Environmental Regulation (DER)
The Florida Department of Environmental Regulation (DER) was
created in 1975 under Chapter 75-22, Laws of Florida.
DER is the principal agency for the implementation of state
environmental policies and laws. The Department establishes
standards for the protection of natural systems through the
permitting process of activities that may impact the
environment, including permitting and monitoring potential
sources of pollution and discharges for compliance with state
standards. In the event of non-compliance or violation, the
DER has the authority to take enforcement action.
The DER manages eight environmental regulatory programs:
Water Quality, Water Quantity, Potable Water, Solid Waste, Air
Quality, Noise Control, Coastal Zone Management, and Power
Plant Sitings.
DER programs are administered mainly through field offices
located throughout the state, however, the Water Quantity
Program is managed through the five regional Water Management
Districts. The functions of the DER and its districts are
coordinated through using joint application procedures. DER
permitting programs require coordination with the Florida
Department of Natural Resources and the U.S. Army Corps of
Engineers.
In administering the Water Quality Program, DER assists local
governments in obtaining grants for sewage treatment
facilities and loans for other pollution control projects.
3. The Florida Department of Natural Resources (DNR)
The Florida Department of Natural Resources was created by the
Governmental Reorganization Act of 1969 pursuant to Section
20.25, FS.
The DNR carries out the following responsibilities: preserve,
manage, protect, and regulate the use of coastal and marine
resources and provide basic scientific data for sound
management policies; perform law enforcement functions
relating to fishermen and vessels, seafood purveyors, motor
boats, pollution spills, and smuggling contraband; perform
functions pertaining to navigation districts and waterway
development, aquatic plant control, geology, preservation,
protection, and management of lands owned and held by the
state, and determination of coastal and inland sovereign
boundaries; and develop and implement a comprehensive, multi-
purpose outdoor recreation and conservation program for the
State.
At the local level, the DNR supervise several river and
coastal authorities, and navigation districts. The Department
also provides financial and technical assistance to local
governments for enhancement of recreational programs and
facilities, and participates in local shoreline restoration
and protection projects.
7
4. The Florida Department of Community Affairs (DCA)
The Florida Department of Community Affairs (DCA) was created
by the Governmental Reorganization Act of 1969, pursuant to
Section 20.18, FS.
The DCA serves as the state land planning agency and the state
agency for advising the Governor on policies and programs for
improving the criminal justice system in the State.
As the state land planning agency, the DCA reviews
comprehensive plans for the State's 11 regional planning
councils. In addition, the DCA reviews and approves local
government comprehensive plans and amendments.
In the area of criminal justice planning, the DCA provides
technical assistance,to local governments, state agencies, and
public and private agencies. The DCA also reviews local
applications for federal criminal justice grants and
administers awarded funds.
The DCA is also responsible for assisting local communities
and other units of local government in defining and responding
to problems in the area of housing, community development and
building codes and standards.
The DCA coordinates and supervises the review of Developments
of Regional Impact and applications for development through
the Division of Resource Planning and Management. This
division also reviews Local Government Comprehensive Plans for
consistency with the regional plans and the State Plan.
The DCA is also responsible for determining the consistency of
local emergency management plans with regional plans through
the Division of Emergency Management.
5. The Florida Department of Education
The Florida Department of Education was created in 1885 and
was established in its present form in 1969 under Article IX,
Section 2 of the Constitution of the State of Florida and
Section 20.15, FS.
The Department develops comprehensive objectives for public
education, policies for the efficient operation of all phases
of public education, and all required rules and regulations
for the enforcement of school codes.
The State Board of Education consists of the Governor and
Cabinet, with an elected Commissioner of Education who serves
as the chief executive officer of the Department. Four
divisions and four boards oversee the operation of public and
9
private educational institutions from the primary grades
through the university system including the Florida School for
the Deaf and Blind.
The Department coordinates with all levels of government in
carrying out each phase of the educational program and
exercises general supervision over all divisions and boards to
ensure coordination of educational plans and programs, and to
resolve controversies.
The Office of the City Manager is the office with primary
coordination responsibility.
6. The Florida Department of Health and Rehabilitative Services
(HRS)
The Florida Department of Health and Rehabilitative Services
(HRS) was created by the Governmental Reorganization Act of
1969, pursuant to Section 20.19, FS.
The Department administers programs in the areas of health,
mental health, retardation, youth services, children's medical
services, social and economic services, vocational
rehabilitation, and aging and adult services.
All of the Department's health, social and rehabilitative
services are provided through 11 statewide service districts.
Departmental services are coordinated with those of other
public and private agencies in each district through advisory
councils.
The Department also contains the state health planning and
development agency which is charged with the planning of
Florida's Health System Agencies and establishing state health
policy.
The Office of the City Manager is the office with primary
coordination responsibility.
7. The Florida Department of Commerce
The Florida Department of Commerce was created by the
Government Reorganization Act of 1969, pursuant to Section
20.17, FS.
The Department of Commerce is responsible for the guidance,
stimulation, and promotion of economic development within the
state, as it relates to industry, marketing and international
development. The Department also provides state leadership in
the development and promotion of the tourist industry.
9
Through its five field offices the Department assists regional
and local governments in economic planning activities and in
applying for funds in support of economic development
programs. The Department also serves as liaison between the
State and Florida businesses, and between the State and the
Caribbean, South and Central American concerns. The Division
of Tourism coordinates national and international ad
campaigns, and assists municipalities, chambers of commerce
and other tourist oriented entities in formulating cooperative
promotional programs.
The Office of the City Manager is the office with primary
coordination responsibility.
8. The Executive Office of the Governor (EOG)
The Executive Office of the Governor (EOG) was created in 1972
under Section 14.201 FS.
The functions of the EOG apply mainly to preparation of the
annual executive budget and legislative agenda of the
Governor, and review of state agency plans and programs.
Another major responsibility is the preparation, development
and revision of the State Comprehensive Plan.
The EOG also gathers data on the state energy resources and
administers the State's role in petroleum allocation and
conservation.
The EOG is directed by an administrative commission composed
of the Governor and Cabinet. The Office coordinates planning
among federal, state, regional, and local levels of government
and those of other states. The Office also coordinates all
state agency planning and programming activities, serves as
the state planning and development clearinghouse, and
designates regional and area clearinghouse review agencies.
The EOG also serves as liaison between the state and federal
officials, agencies, and members of Congress.
The Office of the City Manager is the office with primary
coordination responsibility.
9. Division of Historical Resources
In order to allow historical renovation, the standards as set
by this state agency will be followed.
F.
1
2.
3
Coordination with Federal Agencies
The U.S. Department of Justice
The U.S. Department of Justice was established in 1870 under
16 Statute 162; 28, United States Constitution (U.S.C.) 501,
503.
The Department plays a key role in the protection of the
public from criminals and subversion, in providing and
ensuring the healthy competition of business, in safeguarding
the consumer, and in enforcing drug, immigration, and
naturalization laws. The Department also protects citizens
through its efforts for effective law enforcement, crime
prevention, crime detection, and prosecution and
rehabilitation of offenders. The Department also represents
the government on legal matters.
The Department is comprised of a number of agencies that
provide financial and technical assistance to state and local
governments for improvement of correctional systems, drug
control capabilities, and general law enforcement and criminal
justice. Forms of technical assistance range from training of
personnel to developing data base and communication systems.
The Office of the City Manager is the office with primary
coordination responsibility.
The U.S. Department of Transportation (USDOT)
The U.S. Department of Transportation was established in 1966
under 80 Statute 391; 49 U.S.C. 1651.
The Department establishes the nation's overall transportation
policy in regards to highway planning, development,
construction, urban mass transit, railroads, aviation, and the
safety of airports, ports, and waterways, highways, and oil
and gas pipelines.
The Department consists of several administrations, a number
of which provide financial assistance to state, regional,
and/or local agencies for various transportation projects and
programs, such as funding to the states for highway
improvement, traffic operations and highway safety programs.
Financial assistance is also provided for capital and
operating expenses, technical studies, managerial training,
research and development projects and demonstration projects.
The Office of the City Manager is the office with primary
coordination responsibility.
The U.S. Environmental Protection Agency (EPA)
11
The Environmental Protection Agency (EPA) was established in
1970 pursuant to Reorganization Plan Number 3 of 1970.
The purpose of the EPA is to protect and enhance the
environment through control and abatement of pollution in the
areas of water, air, solid waste, noise, radiation and toxic
substances. The Agency integrates a variety of research,
monitoring, standard setting, and enforcement activities.
The Agency coordinates and supports research and anti-
pollution activities by state and local governments, public
and private groups and educational institutions. The
development of local programs for pollution abatement is
accomplished through the EPA's ten regional offices. The
Agency also reinforces efforts among other federal agencies
with respect to the impact their operations may have upon the
environment.
The Office of the City Manager is the office with primary
coordination responsibility.
4. The U.S. Department of Commerce
The U.S. Department of Commerce was titled as such in 1913
under 37 Statute 736; 15 U.S.C. 1501, which reorganized the
Department of Commerce and Labor created under 32 Statute 825;
15 U.S.C. 1501.
The Department serves and facilitates the nation's economic
development and technological advancement. The Department
offers assistance and information to domestic and
international business: provides social and economic
statistics and analyses for business and government planners;
assists in the development of the U.S. Merchant Marine;
provides research and promotes the increased use of science
and technology in the development of the economy; promotes
foreign tourism; provides assistance to speed the development
of economically underdeveloped areas of the nation; seeks to
improve the understanding of the earth's physical environment
and oceanic life; and assists in the growth and development of
minority businesses.
The Department encompasses a number of agencies that provide
technical assistance and financial aid to state and local
government. The Economic Development Administration focuses
on areas of excessive unemployment, while the National Oceanic
and Atmospheric Administration awards grants to states for
developing and carrying out plans for management of their
coastal zones. All levels of government utilize data provided
by the Department's Bureau of the Census.
12
The Office of the City Manager is the office with primary
coordination responsibility.
5. U.S. Department of the Interior
The U.S. Department of the Interior was created in 1849 under
9 Statute 395; 43 U.S.C. 1451.
The Department administers most federally owned and managed
public lands and natural resources; including water, mineral,
fish and wildlife. Jurisdictional responsibilities includes
the coordination of federal and state recreation programs, the
preservation and administration of the nation's scenic and
historic areas, operation of conservation and youth training
programs, reclamation of lands, hydroelectric power systems,
and administration of programs for native Americans.
State and local governments can receive financial and/or
technical assistance from the Department for a number of
activities including: fish and wildlife restoration and
management projects, surveys and research related to
topography, geology, and water and mineral resources; historic
preservation; acquisition of critical natural areas;
acquisition and development of parks; enhancement and
restoration of local recreational systems; Indian Affairs
programs; and development of coal resources.
The Office of the City Manager is the office of primary
coordination responsibility.
6. U.S. Department of Defense
The U.S. Department of Defense was established as an executive
department of the U.S. Government by the National Security Act
Amendments of 1949, 63 Statute 578; 5 U.S.C. 101.
Through the Department, specifically the U.S. Army Corps of
Engineers, the Defense Department administers permitting
programs designed to protect water quality and environmentally
valuable wetland resources, to prevent alteration or
obstruction of navigable waters, and to control the dumping of
dredged material into ocean waters. The types of activities
requiring permits include excavating and filling,
construction, and work in ocean waters such as beach
nourishment.
The Corp's programs are administered through 37 districts
nationwide. Florida falls within the Jacksonville and Mobile,
Alabama districts. Due to overlapping legal jurisdictions,
the Corps and the Florida Departments of Environmental
Regulation and Natural Resources jointly review permit
13
applications, issue joint public notices, and where possible,
hold joint public hearings.
The Office of the City Manager is the office with primary
coordination responsibility.
7. The U.S. Department of Housing and Urban Development (HUD)
The U.S. Department of Housing and Urban Development (HUD) was
established by the Housing and Urban Development Act of 1965,
79 Statute 667; 42 U.S.C. 3531-3537.
The Department is the principal federal agency responsibility
for programs related to housing needs, fair housing
opportunities and improving and developing the nation's
communities.
The HUD administers mortgage insurance programs; rental
subsidy programs; anti -discriminatory activities related to
housing; and programs that assist in neighborhood
rehabilitation.
The Department stresses the role of states, cities, counties,
and other units of local government in the solution of housing
and community development problems through a number of program
functions. Such activities, such as Urban Development Action
Grants, assist local governments in maintaining and improving
the availability of housing and the preservation and
rehabilitation of local communities.
Programs of research studies, testing and demonstrations are
carried out through the awarding of grants, cooperative
agreements and contracts with industry, educational
institutions and units of local government.
The Office of the City Manager is the office with primary
coordination responsibility.
8. The U.S. Department of Health and Human Services (DHHS)
The Department was created in 1953 as the Department of
Health, Education, and Welfare and redesignated in 1979 under
its current name by the Department of Education Reorganization
Act, 93 Statute 695; 20 U.S.C. 3508.
In addition to the Social Security system, the Department
administers a broad range of social service and human
development programs oriented toward the elderly, children of
low-income families, persons with physical and/or mental
handicaps, runaway youths, and native Americans. The
Department conducts the following health -related functions:
provides national leadership and administration for a program
14
of federal, state, and area -wide health planning and health
delivery systems; supports education for the health
professions; conducts and supports research in the fields of
medicine and related sciences; protects the health of the
nation against impure foods, drugs, and cosmetics; and
administers Medicaid and Medicare programs.
Ten regional offices represent the Department in official
interactions with state and local governments. Grants and
technical assistance are available for the development of
local health resources and the improvement of local social
service systems. For example, state agencies may receive
funding to establish community service programs. This is
accomplished through the designation and funding of area
agencies on aging such as the role played by the East Central
Florida Regional Planning Council.
The Office of the City Manager is the office with primary
coordination responsibility.
9. The U.S. Department of Education
The Department was created in 1979 under the Department of
Education Organization Act, 93 Statute 668; 20 U.S.C. 3401.
The Department establishes national education policy and
administers and coordinates most federal assistance to
education.
An Intergovernmental Advisory Council on Education, composed
of elected officials, educators, parents and students makes
recommendations to the Secretary of the Department and the
President for improvement of the administration of federal
education programs.
The Department administers grants and technical assistance to
state educational agencies and/or local school districts for
a variety of purposes, including: the elimination of
segregation and discrimination; special programs such as Drug
and Alcohol Abuse education; vocational and technical
training; special programs and services to assist the
handicapped; and support of post -secondary institutions and
students. The Department also provides some financial support
to federally aided institutions, including colleges for the
deaf and blind.
The Office of the City Manager is the office of primary
coordination responsibility.
10. Federal Emergency Management Agency (FEMA)
15
FEMA was established under Reorganization Plan Number 3 of
1978 and Executive Orders 12147 and 12148.
FEMA facilitates multiple use of emergency preparedness and
response sources at all levels of government in preparing for
and responding to natural, manmade and nuclear emergencies.
FEMA integrates activities related to hazard mitigation,
preparedness planning, relief operations and recovery
assistance into a comprehensive framework.
Ten regional offices are the primary means by which the agency
administers and manages programs carried out at state and
local levels. Programs of assistance are available to state
and local governments and other eligible jurisdictions in
declared disasters or emergencies. In order to minimize
potential damage in flood hazard areas, the Agency works
closely with officials at all levels of government through the
National Flood Insurance Program. The Agency also develops
and disseminates materials concerning fire services and
provides training in civil management preparedness activities
to federal, state and local government personnel.
The Office of the City Manager is the office with primary
coordination responsibility.
G. Coordination with Utility Companies
The following utilities coordinate their activities with the
City of Ocoee through franchise agreements or by City
ordinance.
1. Florida Power Corporation
Florida Power Corporation has a franchise agreement with the
City to provide electricity for residential, commercial and
industrial uses. FPC is regulated by the Florida Public
Service Commission.
2. Southern Bell
Southern Bell has a franchise agreement with the City to
provide phone service to areas within the City. Southern Bell
is regulated by the Florida Public Service Commission.
3. United Telephone
United Telephone of Florida has a franchise agreement with the
City to provide phone service to areas within the City.
United Telephone is regulated by the Florida Public Service
Commission.
4. Cablevision of Central Florida
16
Cablevision of Central Florida has a franchise agreement to
provide cable television service to the City.
5. Telesat Cablevision
Telesat Cablevision has a franchise agreement to provide cable
television service to the City.
6. The Lake Apopka Natural Gas District
The Lake Apopka Natural Gas District has a franchise agreement
to provide natural gas to the City.
The Office of the City Manager is the office of primary
coordination responsibility with utility companies.
III. ANALYSIS
Pursuant to Chapter 9J-5.005(2) this Element will: Discuss the
effectiveness of existing coordination mechanisms which are
used to further intergovernmental coordination; identify and
discuss specific problems and needs within each element of the
Comprehensive Plan which would benefit from additional
coordination; compare the growth and development proposed in
the plan with appropriate comprehensive regional policies in
order to evaluate the needs for additional coordination; and,
coordinate the Plan with the rules, principals, and guidelines
for development in any area of critical state concern falling
within the local governments jurisdiction.
A. Effectiveness of Existing Coordination Mechanisms
1. Existing Contracts/Agreements
At the present time, all contracts and agreements have proven
to be effective. No changes will be required.
2. Coordination with Local Governments
a. Adjacent municipal governments
All interlocal agreement with adjacent municipalities are
effective. The City is currently in the process of extending
interlocal agreements with the Town of Windermere to provide
maintenance for the Town's vehicles and police dispatch
services.
The City is currently working on joint planning area
agreements with the Cities of Apopka and Winter Garden, the
Town of Windermere, and Orange County. These agreements will
discuss land use issues, the provision of services, and
environmental protection.
17
b. Orange County
All interlocal agreements with Orange County are effective.
reservations for County roads, planning activities, and
Sheriff's Office activities.
18
19
................................
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::.:ii ::...:.::.i:::: ':i .i?i ' : ::::•isi: ".Jii: ": +?i::: i^:•: ::•::<.ii::....ii:.:.is i}::::v:i'.is.:i•:viii" Jiiiii' :?i:.:::......�:::::::::::::::
21
c.
Orange County School Board
The City cooperates with the Orange County School Board on a
regular basis on issues related to bond issues and the
acquisition and construction of school facilities. The
coordination mechanisms have proven to be effective and
require no changes.
3. Coordination with Regional and State Agencies
As a new member of the East Central Florida Regional Planning
Council, the City of Ocoee coordinates and communicates with
the Council on a regular basis. The Council serves as the
state -designated regional clearinghouse. As such, it reviews
all grant and permit applications submitted for regional
impacts which effect the City.
Through the permitting process and the allocation of federal
and state grant funds, the City communicates and coordinates
with various federal and state agencies that have regulatory
and review jurisdiction over development in the City.
In addition, the City actively participates in activities
sponsored by the MPO.
These existing mechanisms have served the City well and
require no changes.
4. Coordination with Utilities
The provision of utility services in the form of electric,
telecommunication, and community antenna systems are provided
through formal franchise agreements. These existing
mechanisms have proven to be effective and need no changes.
22
B. Intergovernmental Coordination and Plan Elements
This section discusses specific problems and needs within each
element of the Comprehensive Plan which would benefit from
improved or additional intergovernmental coordination.
1. Future Land Use Element
The City of Ocoee is located approximately 10 miles west of
Orlando. The character of the community is residential,
however, a trend towards commercial and industrial land uses
is becoming prevalent.
The City shares common borders with the Town of Windermere,
the Cities of Apopka and Winter Garden and the unincorporated
areas of Orange County.
ISSUE
Prevention and elimination of incompatible land uses along
common borders.
FINDING
The City of Ocoee should coordinate and consult with the Town
of Windermere, Cities of Apopka and Winter Garden and the
County to ensure that future changes in zoning and land use
along common borders reflect_ the types. of land uses typical of
those areas .:>::. e..::.. it .....s l ....:. c zt. �ue:...b ::..c Q naI ,.. rit
2. Traffic Circulation Element
The City of Ocoee is located in one of the most rapidly
growing areas in the State of Florida. There are several
arterial roads within the Ocoee area. These include SR 50,
Kissimmee Avenue, Silver Star Road, Ocoee -Apopka Road,
Clarcona-Ocoee Road, and Apopka -Vineland Road.
ISSUE
Traffic Circulation Improvements
FINDINGS
The City of Ocoee is not fiscally responsible for addressing
all the transportation improvements identified in the Traffic
23
3.
4
Circulation Element for the City. Both Orange County and FDOT
have financial responsibility for county and state roads
located in the City. It is therefore critical that the Town
coordinate and review transportation improvement plans and
programs proposed by the County and the State. The
preservation and protection of rights -of -way should be
coordinated to integrate efficiently with County and State
plans.
Housing Element
The City of Ocoee is a residential community that is seeing
rapid growth in the area of single-family and multi -family
residential developments. The City is serving as a bedroom
community for the Orlando Area Standard Metropolitan
Statistical Area (SMSA). Existing residences are adequately
maintained and substandard housing is virtually non-existent.
Specifically, as the City is not equipped to actually provide
low and moderate income housing, it must coordinate with
Orange County and its Community Development Department, which
operates a Housing Assistance Program. Coordination should
consist primarily of sharing of building and construction data
with the County, introducing representatives of the private
housing industry to the County, and distributing information
on the County's services to those interested in such housing.
There are no public housing units within the City, nor are
there any foster care facilities. The Ocoee Guest Home is a
group home located on Franklin Street in the City.
ISSUE
Availability of Affordable Housing
FINDINGS
The need for affordable housing within the City is great. The
City should work with local housing authorities to assist in
the provision of affordable housing.
Infrastructure Element
ISSUE
Sanitary Sewer
FINDINGS
The City of Ocoee owns and maintains the sanitary sewer
system. The City will continue to coordinate with the FDER
24
for
ISSUE
Solid Waste
FINDINGS
The City collects its solid waste and it is disposed at an
Orange County facility. The City needs to ensure that the
provision of this service is included in County plans for
future construction and/or acquisition of these facilities.
ISSUE
Potable Water
FINDINGS
The City provides potable water through its own system of
wells and distribution. The City will continue to work with
the SJRWMD and the FDER for permitting and water quality
monitoring reuirements .....'I'he: Ge...., water
q
ISSUE
Hazardous Waste
FINDINGS
The City shall coordinate with Orange County, the ECFRPC, and
the Department of Environmental Regulation to inform and
educate the public and private concerns in the City on the
proper methods of collecting and disposing of such wastes.
ISSUE
Natural Groundwater Aquifer Recharge
FINDINGS
The large percentage of the land in Ocoee is considered to be
"high recharge areas" to the Floridan Aquifer. A City wide
groundwater aquifer recharge plan will be developed to aid in
aquifer recharge volumes upon completion and receipt of the
SJRWMD's plan. Included in the aquifer recharge plan will be
development guidelines and regulations for development in high
25
recharge areas.
The City of Ocoee will continue to work with the SJRWMD, the
EPA, and the FDER in natural groundwater aquifer protection
policies.
5. Conservation Element
ISSUE
Air Quality
FINDINGS
The City shall continue to cooperate with the Orange County
Environmental Protection Department to ensure the continued
high ambient air quality found in the City.
ISSUE
Surface Water Bodies
FINDINGS
There are numerous lakes within the City. It is important
that the City continue to coordinate with the DER, DNR, and
the SJRWMD to reduce stormwater runoff and agricultural
runoff.
ISSUE
Floral and Faunal Communities
The City shall identify all ecological communities and shall
work to identify all species considered to be endangered or
threatened. The City shall continue to cooperate with the
Florida Department of Agriculture and Consumer Services, the
U.S. Fish and Wildlife Services, the Florida Game and
Freshwater Fish Commission, and the Florida Committee on Rare
and Endangered Plants and Animals, and the Florida Department
of Agriculture.
11MIJa
Natural Reservations
26
FINDINGS
The City shall continue to preserve and maintain the natural
reservations identified in the Conservation and Recreation and
Open Space Elements.
6. Recreation and Open Space Element
As one of Orange County's prime municipalities, the City of
Ocoee is experiencing tremendous growth. The City's function
as a bedroom community for the Orlando Area SMSA and its
location amongst the rolling hills and pristine lakes of the
Mt. Dora Ridge, ensures the most attractive and readily
accessible environment for recreational activities.
ISSUE
Recreation and Open Space Level of Service Standards
FINDINGS
The City of Ocoee shall adopt the level of service standards
as defined in the Recreation and Open Space Element.
ISSUE
Maintenance and coordination of recreational facilities
The City of Ocoee shall coordinate with Orange County, the
Orange County School Board, the Cities of Apopka and Winter
Garden and the Town of Windermere to ensure that the existing
and planned recreational resources are used for maximum
benefit.
ISSUE
Preservation and Acquisition of Open Space
FINDINGS
The City shall coordinate with Orange County and the State to
protect the natural resources and open space of the City and
to acquire additional property that may become available for
open space.
27
IV. GOALS, OBJECTIVES, AND POLICIES
GOAL
Goals, objectives, and policies are critical to the
implementation of the Plan and each Element. They are
important policy statements that have been carefully
considered by the Local Planning Agency, the City Commission
and the Citizen's Advisory Committees. They represent an
official statement of public policy that will be used to
manage the future development of the City.
A goal is a statement of purpose intended to define an
ultimate end or condition. It reflects a direction of action,
and is a subjective value statement.
An objective is some kind of specific, measurable action that
can be taken toward achieving the goal. Goals may include
more than one objective. That is, there may be more than one
milestone necessary to achieve a goal.
A policy is a specific activity or program that is conducted
to achieve a goal. Policies include statements of priority
for action and/or mandates for actions that will be taken to
achieve the goal or objective.
The Intergovernmental Coordination Element goals, objectives,
and policies are presented on the following pages. There is
no significance to the order of presentation. They will be
periodically reevaluated for conformance with current City
policy. A formal review process will occur every five (5)
years. .
TO IMPROVE THE EXISTING SYSTEM OF INTERLOCAL COORDINATION TO
SUCCESSFULLY IMPLEMENT LOCAL GOVERNMENT COMPREHENSIVE PLANS
AND TO RESOLVE CONFLICTS RESULTING FROM THE PLANS.
Objective 1
By 1992, the City shall enter into interlocal agreements with
the Cities of Apopka and Winter Garden, the Town of
Windermere, the Orange County School Board, and Orange County
which will provide close coordination, evaluation and
integration of local comprehensive plans and development
proposals. (ECFRPC Comprehensive Regional Policy Plan Regional
Issues 60 and 65, Policies 60.33, 60.32, 65.1, 65.2, and
65.5. )
28
Policy 1.1
The City shall establish, in concert with Apopka, Winter
Garden, Windermere and Orange County, an Intergovernmental
Coordination Committee (ICC), with representatives from each
jurisdiction, that will serve as a forum to identify and
discuss issues related to plan implementation, development and
funding which affect one or more of these jurisdictions in
such areas as land use, transportation, drainage,
conservation, solid waste, sanitary sewer, potable water,
natural groundwater aquifer recharge, and recreation and open
space planning.
Policy 1.2
The ICC shall be designated as the forum to discuss annexation
plans, specifically charged with formulating interlocal
agreements that will address consistency of land uses,
provision of services and an outline which describes
activities or procedures that will be utilized to resolve
disputes.
Policy 1.3
In instances where the resolution of issues requiring
intergovernmental concurrence has not been achieved, the City
shall initiate informal mediation by filing with the ECFRPC a
written request for mediation assistance, pursuant to Chapter
29, Laws of Florida, and Chapter 186, FS.
Policy 1.4
The City shall continue to coordinate with the Orange County
School Board, the ECFRPC, the SJRWMD, and state agencies such
as the Department of Community Affairs, the Department of
Environmental Regulation, the Department of Natural Resources,
IC -he Department of Transportation, the Department of Health and
Rehabilitative Services, and federal agencies on projects that
fall within their jurisdictions or are multi -jurisdictional in
nature.
Policy 1.5 (Future Land Use Element Policy 1.10)
The City shall continue to coordinate with Orange County on
M
_.
F cox . fur va d i s :eme � cy..
Fa 1c ...�....:............... �> Sxa€::;`s....:::e <><? 1..,.:'
:.::::::::::::::::::.:::::::::::::::::.:::::::::::.::::::::::.::::..::::::::.:..:.:.:<.......:::::::. ..::.::::::::::::.:
Poi ....0:......... ... .....y._ J.d.. :.:. .
30
Policy (Future Land Use Element Policy 2.5)
The City shall
the City when
limits, when
proposed uses
an he
..............................
consider requests for voluntary annexation into
those lands are contiguous to the existing City
services can be properly provided and when
are compatible. with the City's Comprehensive
Policy 1.-7—1 (Infrastructure Element, Wastewater subelement
Policy 2.2.1)
The City of Ocoee shall continue to follow all federal, state
and local wastewater facility regulations which provide for
the protection of the environment.
Policy 1A-15 (-----, Wastewater subelement Policy 2.2.2)
The City of Ocoee shall design, permit, and construct all new
wastewater system components and facilities according to all
FDER and Orange County regulations.
Policy -----, Wastewater subelement Policy 2.2.3)
The City of Ocoee shall report any rule violations concerning
the wastewater treatment and disposal system to the FDER
immediately.
Policy 1.-1 -1 (-----, Solid Waste subelement Policy 1.2.2)
The City shall continue to coordinate with Orange County in
the resource recovery plan that encourages residents to
recycle glass, aluminum, and newspaper waste products. The
City Public Works Director will coordinate with the Orange
County Public Works Director to ensure coordination of the
recycling program.
31
5" qF*
Policy -----, Solid Waste subelement Policy 1.3.1)
By 1992, the City shall adopt and enforce hazardous waste
management procedures and applicable ordinances of Orange
County and the Florida Department of Environmental Regulation
(FDER) .
Policy 1.3-2=5 (-----, Solid Waste subelement Policy 1.3.2)
The City shall support the Department of Environmental
Regulation's efforts to identify and improve the handling of
hazardous waste in households by establishing programs such as
Amnesty Days for collecting common household hazardous waste.
Policy 1.33-## (-----, Solid Waste subelement Policy 1.3.3)
The City shall cooperate with all federal and state
authorities in the regulation and disposal of hazardous waste.
Policy 1.+4—'� (-----, Solid Waste subelement Policy 1.4.2)
The City shall cooperate with Orange County to properly
operate and maintain the landfill and transfer station.
Policy -----, Drainage subelement Policy 1.1.1)
The City shall coordinate with FDER, SJRWMD, and Orange County
in updating the 1985 subdivision ordinance to maintain
concurrence with these agencies.
Policy 1.1-6--' (-----, Drainage subelement Policy 1.2.2)
Cooperate with SJRWMD on their rules and regulations with
respect to hydraulic flow rates, quantity, etc.
Policy 1.-1�2 k (-----, Drainage subelement Policy 1.3.2)
In new developments a detention system shall be provided which
is capable of providing sufficient storage to limit peak
discharge rate of the post -development site to the peak
discharge of the pre -development site consistent with the
regulations of the SJRWMD. The mechanism through which this
system is regulated shall be incorporated in the land
development regulations that will be adopted in 1992.
Policy 1.1-8- (-----, Drainage subelement Policy 1.5.6)
Additional funding for City-wide surface water management
programs shall be sought from federal and state sources, new
revenue sources will be considered, such as a stormwater
utility.
Policy 1.3�=2 (-----, Potable Water subelement Objective 1.4)
32
The City of Ocoee shall prevent fragmentation and duplication
of water service through intergovernmental coordination (with
adjacent local governments) and investigation of innovative
systems.
Policy 1:-2�(-----, Potable Water subelement Policy 1.4.1)
By 1993, the City shall attempt to establish territorial
agreements with adjacent municipalities and utilities
regulated by the Public Service Commission in order to
encourage this cost-effective service and to avoid unnecessary
duplication in the provision of water services.
Policy 1.21: $ (-----,Potable Water subelement Policy 2.1.1)
The City of Ocoee shall continue to support and assist the
Water Management District in implementing the development of
a City-wide consumptive use study program to monitor the
effects of withdrawals from the Floridan Aquifer.
Policy 1.2-2- (-----, Potable Water subelement Policy 2.1.2)
The City shall develop an active Water Conservation Program in
conjunction with the Water Management District and require the
installation of products which minimize the demand for water
in all new developments by the year 2000 1992.
Policy 1. (-----, Potable Water subelement Policy 2.1.3)
The City shall coordinate with the Water Management District
to closely monitor the drilling of new wells, enforce the
capping of abandoned wells, and require the placement of
valves on existing free flowing wells so water will be used
only as required.
Policy 1.24— (-----, Potable Water subelement Policy 2.1.4)
The City shall coordinate with the Water Management District
to closely monitor the amount of groundwater pumped from the
aquifer.
Policy 1.8-5= (-----, Potable Water subelement Policy 2.1.9)
The City shall provide potable water in compliance with or
exceeding minimum Environmental Protection Agency and
Department of Environmental Regulation water quality
standards.
Policy 1.-2-�(-----, Natural Groundwater Aquifer Recharge
subelement Policy 1.1.1)
The City shall review and cooperate in development of the
local Water Management District's plan for protection,
replenishment and maintenance of aquifer recharge areas and
groundwater basins.
33
Policy 1.2:7 .3 (-----, Natural Groundwater Aquifer Recharge
subelement Policy 1.1.2)
Within one year of the adoption of the Water Management
District's Groundwater Aquifer Recharge Plan, the City shall
incorporate the pertinent restrictions into the land
development regulations.
Policy 1.28-3 (-----, Natural Groundwater Aquifer Recharge
subelement Objective 2)
The City shall coordinate with other government entities
regarding development of protection standards for groundwater
basins.
Policy 1.2-9-3 (-----, Natural Groundwater Aquifer Recharge
" subelement Policy 1.2.1)
The City shall cooperate with the local Water Management
District in preparation of Groundwater Basin Resource
Availability Inventory.
Policy 1.3a-=' (-----, Natural Groundwater Aquifer Recharge
subelement Policy 1.2.2)
The City shall continue to cooperate with the local Water
Management District and Orange County to identify and
eliminate potential pollution sources that may contaminate the
aquifer.
Policy 1. (-----, Natural Groundwater Aquifer Recharge
subelement Policy 1.2.3)
The City shall cooperate with Orange County to provide
information and technical assistance in developing a uniform
set of guidelines for protection of the aquifer and
groundwater basin.
Policy -----, Natural Groundwater Aquifer Recharge
subelement Policy 1.2.4)
The City shall participate with Orange County in developing
and implementing a contamination monitoring program.
Policy 1.4 '0", (Housing Element Objective 4)
The City of Ocoee shall cooperate and coordinate with federal,
state, and local entities to ensure the availability of
adequate and affordable housing for the existing and future
residents.
34
Policy 1.4- (Housing Element Policy 4.1)
The City shall cooperate with the Orange County Community
Development Department in the implementation of any Section 8
projects proposed for the City.
Policy 1.36=> (Housing Element Policy 4.2)
The City shall implement a City-wide informational housing
assistance program in accordance with a cooperative agreement
between the City and the Orange County Community Development
Department and its Housing Assistance Program.
Policy 1.-4 -- (Housing Element Policy 4.3)
The City, as an entitlement community of the Community
Development Block Grant Program, shall continue to coordinate
with the Orange County Community Development Department.
Policy (Housing Element Policy 4.6)
The City shall facilitate the securing of necessary and
appropriate federal and state assistance and funds designed to
provide adequate housing, community services and/or public
facilities to all persons living within the City.
Policy 1.4�9—(Housing Element Policy 4.7)
The City shall make available information regarding local,
state, and federal housing programs and financial assistance.
Policy 1.4 (Housing Element Objective 8)
The City shall ensure uniform and equitable treatment for
persons displaced by state and local government programs
consistent with Section 421.55, Florida Statutes.
Policy 1.4-1 --- 4' (Conservation Element Policy 1.1)
The City shall cooperate with the state in monitoring the Air
Pollution Inventory System (APIS) facilities.
Policy 1.4 (Conservation Element Policy 1.2)
The City shall cooperate with the Orange County Environmental
Protection Department.
Policy 1.4 (Conservation Element Policy 1.3)
The City shall report any suspected emissions violations to
the Florida Department of Environmental Regulation (FDER)
immediately.
35
co" I:*1
Policy 1.44-4€ (Conservation Element Policy 1.5)
The City shall cooperate with FDER's efforts to monitor
emissions on major roadways.
Policy 1.+5-1 (Conservation Element Policy 3.2
The City shall identify and recommend to the state and SJRWMD
floodplains that would warrant acquisition under the
Conservation and Recreation Lands Program.
Policy 1.46—� (Conservation Element Policy 5.2)
The City shall assist the U.S. Soil Conservation Service in
those activities directed at minimizing soil erosion, i.e.,
soil stabilization during construction, sodding and additional
techniques as identified in the Conservation Element Policy
5.3) .
Policy 1.4 5 (Conservation Element Policy 6.1)
The City shall maintain a comprehensive inventory of
ecological communities and shall recommend acquisition through
the CARL program of the most valuable communities.
Policy 1.48-54 (Conservation Element Policy 6.4)
The City shall assist appropriate state and federal agencies
responsible for enforcing regulations concerning rare and
endangered species.
Policy 1.4-9-�55 (Conservation Element Policy 6.6)
The City shall coordinate with the FDER and the Florida Game
and Freshwater Fish Commission (FGFWFC) in developing a public
awareness program to inform the public on identifying and
understanding ecological communities and special protected
species.
Policy 1.58-5 (Conservation Element Policy 6.7)
The City shall consult with the FGFWFC prior to the issuance
of a land use approval that would result in an adverse impact
to any endangered and rare species.
Policy 1.S--5 (Conservation Element Policy 6.9)
The City shall cooperate and coordinate with adjacent local
governments to conserve, appropriately use, or protect unique
vegetative communities located within joint jurisdictions.
Policy 1.-5�58 (Conservation Element Policy 7.2)
The City shall cooperate with the SJRWMD to conduct water
conservation programs.
36
Policy (Conservation Element Policy 7.5)
By 1992, the City shall develop a water shortage management
plan, in cooperation with the SJRWMD, establishing criteria
for determining the extent and degree of water shortage
conditions and provide appropriate restrictions on the timing
and rate of water use by competing consumers to ensure
adequate protection of health and safety. Conservation
policies shall be implemented in accordance with plans of the
St. Johns River Water Management District.
Policy 1.51.6.P. (Conservation Element Objective 9)
By 1993, the City
develop a hazardous
storage, recycling,
wastes.
shall coordinate with Orange County to
waste management program for the proper
collection, and disposal of hazardous
Policy 1.Ssr= (Recreation and Open Space Element Policy 1.1.8)
The City shall pursue an agreement with the Orange County
School Board for the use of school recreational facilities
after school hours.
Policy 1.S-F (Recreation and Open Space Element Policy 1.5.1)
The City shall pursue funding for park and recreation
facilities, including county, state, and federal assistance
programs.
Objective 2
By 1992, the City shall establish a means by which level -of -
service standards are coordinated and consistent with
neighboring jurisdictions. (ECFRPC Regional Policy Plan
Regional Issues 60, 64 and 65, Policies 60.32, 60.34, 64.1,
64.2, 64.10, and 65.4.)
Policy 2.1
The City shall work with the FDOT and the MPO as necessary to
attain and ensure the acceptable continued operation level of
service for the City's streets, roads, and highways.
Policy 2.2 (Traffic Circulation Element Objective 1.6)
Traffic circulation planning will be coordinated with the
future land uses shown on the Future Land Use Map of this
plan, the FDOT 5-Year Transportation Plan, and the plans of
neighboring jurisdictions.
37
Policy 2.3 (Traffic Circulation Element Policy 1.6.1)
The City shall coordinate the immediate desires of the City of
Ocoee in regards to transportation improvements with Orange
County, the Metropolitan Planning Organization (MPO), and the
Florida Department of Transportation.
Policy 2.4 (Traffic Circulation Element Policy 1.6.2)
The City Planning Department shall review subsequent versions
of the FDOT 5-Year Transportation Plan, in order to update or
modify this element, if necessary.
Policy 2.5 (Traffic Circulation Element Policy 1.6.3)
The City shall review for compatibility with this element, the
traffic circulation plans and programs of the unincorporated
county and neighboring municipalities as they are amended in the
future.
Policy 2.6 (Infrastructure Element, Solid Waste subelement
Objective 1)
The City shall coordinate with Orange County to ensure that
development permits are issued only when there is adequate
facility capacity available to serve the development.
Policy 2.7 (-----, Solid Waste subelement Policy 1.1.1)
By 1991, the level of service standard for solid waste shall
be 6.0 pounds per capita daily. This is consistent to the LOS
utilized by Orange County and includes both residential and
non-residential.
Policy 2.8 (-----, Solid Waste subelement Policy 1.1.3)
The City shall fund solid waste services by means of user
fees, program oriented State funds and Federal grants if
available.
Policy 2.9
The City shall, through the Intergovernmental Coordination
Advisory Committee, coordinate with Orange County to ensure
that each jurisdiction's future needs are considered in the
acquisition and design of public service facilities, such as
wastewater and potable water treatment.
38
V.
STATE COMPREHENSIVE PLAN CONSISTENCY STATEMENT
Chapter 9J-5, FAC, requires that the Comprehensive Plan be
consistent with the State Comprehensive Plan as adopted by the
Florida Legislature in 1985. Chapter 163.3177 (10a) defines
consistency to mean that the Plan is compatible with and
furthers the appropriate regional policy plan and the State
Comprehensive Plan. "Compatible with" means that the local
plan is not in conflict with the State Comprehensive Plan or
appropriate regional policy plan. The term "furthers" means
to take action in the direction of realizing goals or policies
of the state of regional plan. The City of Ocoee may choose
which State goals and policies are applicable.
This Element represents the actions which the City will take
to be compatible with and further the goals and policies of
the State Comprehensive Plan (SCP). The applicable Goals and
Policies found in the SCP are shown below.
STATE PLAN GOAL
SYSTEMATIC PLANNING CAPABILITIES SHALL BE INTEGRATED INTO ALL
LEVELS OF GOVERNMENT IN FLORIDA, WITH PARTICULAR EMPHASIS ON
IMPROVING INTERGOVERNMENTAL COORDINATION AND MAXIMIZING
CITIZEN INVOLVEMENT.
STATE PLAN POLICIES
1. Establish strong and flexible agency and regional
planning functions at all levels of government capable of
responding to changing state policies and goals.
6. Encourage citizen participation at all levels of policy
development, planning and operations.
7. Ensure the development of comprehensive regional policy
plans and local plans that implement and accurately
reflect state goals and policies and that address
problems, issues, and conditions that are of particular
concern in
a region.
8. Encourage the continual cooperation among communities
which have a unique natural area, irrespective of
political boundaries, to bring the private and public
sectors together for establishing an orderly,
environmentally, and economically sound plan for future
needs and growth.
39
VI. REGIONAL POLICY PLAN CONSISTENCY STATEMENT
Chapter 9J-5, FAC, requires that the Comprehensive Plan be
consistent with the Comprehensive Regional Policy Plan as
adopted by the East Central Florida Regional Planning Council
in July 1987. Chapter 163.3177 (10a) defines consistency to
mean that the Plan is compatible with and furthers the
appropriate regional policy plan and the State Comprehensive
Plan. "Compatible with" means that the local plan is not in
conflict with the State Comprehensive Plan or appropriate
regional policy plan. The term "furthers" means to take
action in the direction of realizing goals or policies of the
state of regional plan. The City of Ocoee may choose which
Regional goals and policies are applicable.
This Element represents the actions which the City of Ocoee
will take to be compatible with and further the Objectives and
Policies of the Comprehensive Regional Policy Plan The
applicable Objectives found in the CRPP are shown below.
EAST CENTRAL FLORIDA COMPREHENSIVE REGIONAL POLICY PLAN
OBJECTIVE 1:
Coordinate the Comprehensive Plan with the plans of school
boards, other units of local government providing services but
not having regulatory authority over the use of the land, and
with the comprehensive plans of adjacent municipalities, the
county, and adjacent counties.
OBJECTIVE 2:
Ensure that the local government addresses through
coordination mechanisms, the impacts of development proposed
in the local comprehensive plan upon development in adjacent
municipalities, the county, adjacent counties, the region, and
in the state.
OBJECTIVE 3:
Ensure coordination in establishing level of service standards
for public facilities with any state, regional or local entity
having operational and maintenance responsibility for such
facilities.
40
VII. IMPLEMENTATION
The City Commission shall continue to participate in special
committees and in regional agencies in order to direct
activities in the City toward implementation of the
Comprehensive Plan. The City will also ensure citizen
involvement in the planning process through public hearings as
outlined in the Public Participation Ordinance and the Land
Development Code.
The City will coordinate with the County, adjacent
municipalities, and the School Board to ensure comprehensive
plan consistency. Through the Comprehensive Plan Committee,
the City will enter into new interlocal agreements as deemed
necessary to implement the Comprehensive Plan.
The City will seek methods of coordinating land use and
building permit data to monitor the effectiveness of the
Comprehensive Plans. One possible approach is the joint
funding of a computer -aided monitoring system to be located
within the County Planning Department.
It is the intent of all the local governments that the
Intergovernmental Coordination Committee serve as a forum for
data dissemination and discussion, and conflict mediation.
The Committee will serve as a forum for sharing of information
and technical data between communities and general discussion
of matters of interlocal interest.
There is also a need to develop a process to resolve
interlocal disputes. The ICC will serve as the initial step
in resolving conflicts that may occur between its membership.
The Committee representatives from each municipality and the
County will be responsible for final decisions pertaining to
conflict resolution. The Committee will use the resources of
the SJRWMD, the ECFRPC, the Department of Community Affairs,
and other pertinent state and federal agencies, when
applicable, in order to make decisions.
The Committee will specifically be responsible for resolution
of land development disputes and annexation issues, and
coordination of resource management within the area. The
Committee's primary resource management concerns will be the
numerous water bodies in the area.
If resolution of conflict cannot be made through the ICC, the
Committee will refer the problem to the ECFRPC for their
review and decision. If a community still feels that their
grievance has not been satisfied, legal action would then
become appropriate. Conflicts not resolved by the Committee
will be submitted to the ECFRPC for resolution through its
informal mediation process.
41
BIBLIOGRAPHY
City of Ocoee, City Clerk's Office, August 1989.
----------, City Manager's Office, August 1989.
----------, Draft Capital Improvements Element, August, 1990.
----------, Draft Conservation Element, August, 1990.
----------, Draft Infrastructure Element, August, 1990.
----------, Draft Intergovernmental Coordination Element, August, 1990.
----------, Draft Housing Element
----------, Draft Future Land Use Element, August, 1990.
----------, Draft Recreation and Open Space Element, August, 1990.
----------, Draft Traffic Circulation Element, August, 1990.
----------, Ordinance Number 490.
----------, Ordinance Number 511.
----------, Ordinance Number 786.
----------, Ordinance Number 88-41.
Constitution of the State of Florida, Article IX, Section 2.
East Central Florida Regional Planning Council, Comprehensive
Regional Policy Plan, July, 1987.
----------,Council Members' Handbook, January 1988.
----------,Local Planner's Guide to the Regional Policy Plan,
September, 1989.
Federal Statutes:
9 Statute 395; 43 United States Constitution 1451.
16 Statute 162; 28 USC 501, 503.
37 Statute 736; 15 USC 1501.
63 Statute 578; 5 USC 101, The National Security Act
Amendments of 1949.
42
79 Statute 667; 42 USC 3531-3537, The Housing and Urban
Development Act of 1965.
80 Statute 391; 49 USC 1651.
93 Statute 668; 20 USC 3401, Department of Education
Reorganization Act.
93 Statute 695; 20 USC 3508, Department of Education
Reorganization Act.
Florida Administrative Codes, Chapter 9J-5.
Florida Statutes:
Chapter 14.201, FS.
Chapters 20.15, 20.17, 20.18, 20.19 and 20 25, FS.
Chapter
29,
FS.
Chapter
38,
FS.
Chapter
171, FS.
Chapter
186, FS.
Chapter
187, FS. The State Comprehensive Plan, 1985.
Chapters
334-339, FS.
Chapter
341, FS.
Chapter
373, FS.
Laws of Florida, Chapter 75-22.
United States, Executive Orders 12147 and 12148,
United States Reorganization Plan Number 3 of 1978.
United States Reorganization Plan Number 3 of 1970.
43
Exhibit C
Appendix A of the Ocoee Comprehensive Plan
(revised 2/20/96)
CPA-95-1-1
APPENDICES
TABLE OF CONTENTS
APPENDIX A FIGURES EV-
SF.<' k` 1g
APPENDIX B POPULATION PROJECTIONS
APPENDIX C THREATENED AND ENDANGERED SPECIES
APPENDIX D DEFINITIONS
APP, 'E Qt PT. I�III I ��R1rA P AO
BE Qsl:It';.Ni�tFE
APPENDIX A
CPA-94-1-1
CPA-95-1-1
APPENDIX A
LIST OF FIGURES
Figure -_
Tide - -
1
2::...aEz%r1h44
Existing Land Use Map
Future Land Use Map''
4
Major Drainage Basins Map ""Vis''
Landscape Associations Map f> ev t .
100-Year Floodplains Map i ev. •`j �¢
Existing and Planned Waterwells
Map7
Aquifer Recharge Areas Map(.A8
R>.:<. .•
Historic R Ma
Wetlands and Waterbodies Map
10
11
Generalized Soils Ma -
p .es�ef�fc1��<�44
12
i P% rrrg. a ...etir)!�tarc r 1495
Rise, -ea Map
Interchange Impact Areas Ma 1455
13
Downtown Redevelopment Area "
14
Activity Centers Location Map 4Rid
is
Location Map
16
17
General Loudon Map of Substandard Units ' :I>ieu#se' { fae 5igsr
18
G of Ocoee's..
City Service Area Map (:...._
Existing Wastewater Collection/Transmission
19
Systemfkr*..
Schematic WWTP No. 1 44""`"" ':`•� ��:
20
Schematic WWTP No. 2
21
Proposed Wastewater Master Plan Ma
22
Landfill Loudon Map
23
Topographic Map
24
Master Drainage Basin Map25 €e3i`:.'.° "I+aitir<gQ�
26
Schematic Diagram of Kissimmee Avenue Water Plant
Schematic Diagram of Jamela Water Plant
27
Schematic Diagram of Forest Oaks Water Plant
28
29
Master Water System Ma
y p ><1...�4...
30
Potentiometric Contour Map:eg
31
Recreational Facilities Map li e�-4, ,j 44 sed 19
n....,._ �,, ,,.....m..::
.....
Existing and Proposed Education and Health Care Facilities 1s +¢
EXISTING
RESIDENTIAL
COMMERCIAL.
INDUSTRIAL
CITY OF OCOEE
L A N Fj IJ S E
IN S TI TUTI O NAL/GOVER N ME NT
WATER BODY
LEGEND
(REVISED 5/95)
JOINT PLANNING AREA BOUNDARY
OCOEE CITY LIMITS (12/94)
WINTER GARDEN CITY LIMITS
MAP 1990
CITY PARK
CONSERVATION AREA
VACANT - COMMITTED
VACANT - UNDEVELOPED
PROPOSED ROADWAY
0
CONES OF INFLUENCE
(WATER WELLS)
AREAS OUTSIDE OF THE JOINT PLANNING AREA (JPA) AND OCOEE CITY LIMITS.
THESE AREAS ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, ARE NOT SUBJECT
TO THE JURISDICTION OF THE CITY, AND ARE NOT GOVERNED BY THE UNDERLYING
LAND USES SHOWN ON THIS MAP,ANNEXATION OF THESE AREAS BY THE CITY IS
RESTRICTD PURSUANT TO THE TERMS OF THE JPA AGREEMENT BETWEEN THE
CITY OF OCOEE AND ORANGE COUNTY,
REVISED FIGURE
1 LEGEND
CPA-95-1-1
CITY OF OCOEE
FUTURE LAND USE
LEGEND
(REVISED 5/95)
LOW DENSITY RESIDENTIAL
( < 4 DU/ACRE)
MEDIUM DENSITY RESIDENTIAL
(4-8 DU/ACRE)
HIGH DENSITY RESIDENTIAL
(8-16 DU/ACRE)
PROFESSIONAL SERVICE
COMMERCIAL
LIGHT INDUSTRIAL
JOINT PLANNING AREA BOUNDARY
WINTER GARDEN CITY LIMITS
• INTERCHANGE AREAS / ACTIVITY CENTERS
MAP
2010
HEAVY INDUSTRIAL
INSTITUTIONAL/GOVERNMENT
WATER BODIES
CONSERVATION AREAS
RECREATION AREAS
0 CONES OF INFLUENCE (WATER WELLS)
PROPOSED ROADWAY
OCOEE CITY LIMITS (12/94)
AREAS OUTSIDE THE JOINT PLANNING AREA (JPA) AND OCOEE CITY LIMITTS•
THESE AREAS ARE
SHOWN FOR INFORMATIONAL PURPOSES ONLY, ARE NOT SUBJECT
TO THE JURISDICTION OF THE CITY , AND ARE NOT GOVERNED BY THE UNDERLYING
LAND USES SHOWN ON THIS MAP. ANNEXATION OF THESE AREAS BY THE CITY IS
RESTRICTED PURSUANT TO THE TERMS OF THE JPA AGREEMENT BETWEEN THE
CITY OF OCOEE AND ORANGE COUNTY.
REVISED FIGURE 2 LEGEND
CPA-95-1-1
CPA-95- L
�y.:.=^.�.'�..+:.' _•fig 1 �-..� ''^\-.�.i..!:' �;.,.
�` ���.T. +ti •�`r f, •may ��. :..
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. . . . . . . . . .
ZZ
LEGEND
3-FLA-PNOODS/M.ESIC HAMMOCKS/
HYDRIC HAMMOCKS/HARDWOOD
SWA M P S
4-SANDHILLS/ISOLATED WETLANDS
INCORPORATED AREA
JCWT PLMNMC AREA, BOUNDARY
LANDSCAPE ASSOCIATIONS MAP
REVISED FIGURE 4
SCALL' NLr.L
0
As
a
CPA-95-1-1
AIM~ it •11 ••i�.i � �\ .•V� y;,•,v � _
CPA-95-1-1
men&=
41 r.
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QJ
SCALE: N.T_&L
fl
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ZrAM9 t
-`- =.� '`V
.77
WV
LEGEND:
A -AREAS OF LOW-MCDERATE
RECHARGr_ (2-10" /YEAR)
E-AREAS OF HIGH RECHARGE
10 - 20" /Y=-.A R)
INCORPORATED AREA
.LINT PLANNING AREA SOUNCARY
AQUIFER RECHARGE MAP
R EL 'VISED FIGURE 7
CPA-95-1-1
:7
N ;0
SC N.T-
ji
PC
go
WF. —Fz
tt:
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t;X7
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0
LEGEND:
I — THE OCOEE Cl RUMM CMUJtCM
2: THE VffHERS-#AeQUlU MOUSE
3 THE 4"13 umcs HOUSE
A- THE RAKELT-STOWENDUROM HOUSE
5- THE rAVARES AND OW RAUJIG4Z
S- THE WK OF OCOEE
7- DIL 3CQlT'S OFTICE
3- THE POUNO's HOUSE
.;v. I- THE OCOEE WOUENIS CLUS
10-7N[ COLUSON-000E1 FUmEL16L AOmC
I I --OR. STARKE"S nSWWG CAMP
12-WAiNE STREET
INCORPORATED AREA
:DINT PLANNING AREA BOUNDARY
HIS ORIC RESOURCES MAP
REVISED FIGURE 8
■ WET LAND FAE 1 i ATS
Orance Ccunty Planning Ceparment
Ceca:icet 1 cSc Fcure 9
CPA-95-1-1
--�----- - - ��� : -gyp•
law=
a
■�� atti .� �J
Joint Planning Area Map `=PA-95-1-1
:CINT PLANNING AREA
AGF;F---ME.T SCUNCARY LINE _
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INCZRPCRATfD AREA
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INTERCHANGE IMPACT AREAS
REVISED FIGURE 12
c?.zk_95_: - -
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SCAU: -ILT-11-
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LEGEND:
FRCPOSED CCWN7CWN,
REDEVELOPMEN7 AREA
INCZRPORAIED AREA
XINT FLAMHMC AREA BoumCAiff
DOWNTOWN REDEVELOPMENT AREA MAP
REVISED FIGURE 13
G°A-95-1-1
SCALE: N.TS. :�,i,.' ., - ,..r : ^�^'�_Y,I,
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LEGEND:
AREAS WHERE SUESTANDARD
UNITS WAY EXIST
!NCDRPORATED AREA
X06T PLANNING AREA BOUNDARY
GENERALIZED LOCATION MAP SUBSTANDARD UNITS
REVISED FIGURE 16
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UAST:R UFi TT1ArCN
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_�`"`/Y r �■ �.: �:� INC.^.RPORATED AREA
:CINT PUNNING AREA 80UNDART
EXISTING WASTEWATER COLLECTION AND TRANSMISSION SYSTEM
REVISED FGJRE 18
.0
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m
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0
N.T.S.
SABINAL STREET
(D '
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SCHEMATIC PLAN VIEW WWTP #1 1 FIGURE 19
EFFLUENT
DISPOSAL
P'JND A
Y
Fww
PASI
CHLORIN \
SYSTEM \
FILTRATION UNITS
DRYING BEDS
EFFLUENT
DISPOSAL
POND 8
R
SCALE: V-10
\THIC
II
I
.I�
I ENTRANCE ROAD
LEGEND:
® EXISTING CITY OF OCOEE
PROPOSED WWTP No. 2
L�� J FUTURE PRELIMINARY SITE PLAN
E�D "t":4lIATZRING/
nlgG FA '�IUTY
ENTRANCE ---,-
ROAD
'SUTURE EFFLUENT
DISPOSAL PONDS
(SITS #E4) -7
PECI1 RO"f"1 °ff"INffNI1M0 CONaI UNT8. INQ
._ ... .. _ ........ ......._......... FIGURE 20
CPA- 95-_-1
��� �,•� ;�%', -`- 1 �\,. V♦w���� .It �1 •,• \,-- emu\
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j1 PROPOScMi LTr STATION
,1 I FU i JRE L!F7 STATION
.�_FORCr WAIN
(� _ + f'• ' " I INCORPCRATED AREA
:LINT PLANNING AREA BOLHCART
PROPOSED WASTEWATER MASTER PLAN
REVISED FIGURE 21
LL
T m n m
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PRAIRIE I.A911 {►NRUYINART PLAN
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INCORPORATED AREA
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REVISED FIGURE 24
TO OISTRIBUTICN
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mem =a 7R
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92
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POTENTIOMETRIC CONTOURS
REVISED FIGURE 29
CPA-94-1-1
CPA-95-1-1
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RECREATIONAL FACILITIES MAP
REVISED FIGURE 30
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INCORPORATED AREA
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3 PLANNING JOINT AREA BOUNDARY
EDUCATIONAL & HEALTH CARE FACILITIES
REVISED FIGURE 31
Exhibit D
Appendix E of the Ocoee Comprehensive Plan: Joint Planning
Area Agreement dated February 11, 1994 between Orange
County, Florida and the City of Ocoee
(added 2/20/96)
A
CPA-95-1-1
APPENDIX E
JOINT PLANNING AREA (JPA)
AGREEMENT
BETWEEN ORANGE COUNTY
AND THE CITY OF OCOEE
CPA-95-1-i
.�pnRc)t'ED By THE B T' T �L• r,TLti'GV
c
com-)' IISSIOLN� = r
JAN251S94
SETTLz--NfENT
BE USED IN
PURSUANT TO
BE =TEEN THE
OCCTJMENT : NOT TO
CASE NO. 93-245
AGREMOEENT
PARTIES.
JOINT PLAIINING ARE.3 AGRE"T=T
BE77WEEN ORA1NGE COUNTY AND THE CITY OF OCOEE IN
FURT: Z2ANC? OF ScTTD.'`.�NT OF LITIGATION 3E7WEF.N THE PARTIES
3 R A,',�-4 J t 1404
CPA-95-1-1
TABLE OF CONTENTS
PAGE
Section 1.
Recitals
...................................
5
Section 2.
Authority ..................................
5
Section 3.
Definitions
................................
5
Section4.
Term .......................................
11
Section 5.
Preservation of Clarcona and Gotha
Rural Settlements ........................
12
Section 6.
Joint Planning Area ........................
15
Section 7.
Annexation Outside of JPA..................
17
Section 8.
Joint Planning Area Land Use Mac...........
13
Section 9.
Cbligation to Amend Comprehensive
Plans....................................
23
Sacti0a 10.
Sewer and Watar Service ....................
26
SeCti0n 11.
C=ration cf Planni.^.g advisory
Corsnitt��................................
23
Section 12.
Conflict Resoiutior.........................
30
Section 13.
Nctices of Certain Applications............
30
Sact_o
==np_cvements -o County Roads..........
32
Sec`._on -_5-
Battaglia East .............................
33
S a C 16.
REducticn e:ff City Urbanization area........
J4
Section 17.
County Future Lard Use Map .................
35
Section 13.
Disputed Annexation and
RezoningOrdinances ......................
35
Section 19.
Enorceabil_ty.............................
36
Section 20.
Notices ....................................
36
CPA-95-1-1
TABLE OF CONT NTS cont'd
?AG7Z
Section
21.
Effect on Other Agreements .................
37
Section
22.
Other Municipalities .......................
37
Section
22.
Validity of Agreement ......................
37
Section
24.
Covenant to Enforce ........................
38
Section
25.
Miscellaneous ..............................
39
LTFiIB ITS
"A" Legal Description of Joint Planning Area
Joint Planning Area Land Use Map
Clarcona Rural Settlement
Gotza Rural Setr'_ement
Sit Plan for Property Annexed by City Ordinance No
a2-60
-i-
CPA-95-1-1
JOINT PLANNING AREA AGPJMM4MW
BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE IN
FURTBMANCE OF S•F'MEN T' OF LITIGATION BETWEEN THE PARTIES
THIS AGP-7- =NT (hereinafter the "agreement") is made and
entered into as of the 11T�. day of P-si?ugj , 1994, by and between
ORANGE COUNTY, FLORIDA, a political subdivsion of the State of
Florida (hereinafter the "County") and the CITY OF OCOEE, a
Florida municipal corporation (hereinafter the "City").
RECITALS
WHEREAS, both the County and the City exercise
comprehensive planning authority pursuant to Chapter 163,
Florida Statutes, the Local Government Comprehensive Planning
and Land Development Regulation Act, and enforce land
development regulations to regulate the development of land
within the respective areas of jurisdiction of each party; and
ff1=- EAS, the County and the City have the authority to
enter into this Agreement pursuant to the Local Government
Comprehensive Planning and Land Development Regulation Act in
general and Section 163.3171 Florida r da Statues, in particu�ar,
and
oFHERE.AS, Section 163.3177(6)(h), Flo.---da Statues requires
_zcreased intergovernmental coordination, including, but not
limited to, providing for: (1) a process to determine
significant impacts of development on adjacent local
governments, (2) a process for :mitigating extra jurisdictional
CPA-95-1-1
impacts, (3) a dispute resolution process to bring to closure
in a timely manner disputes between local governments related
to development proposals that have impacts on adjacent local
governments, and (4) a procedure to identify and implement
joint planning areas, especially for the purpose of annexation
and identification of infrastructure service areas; and
WHE-R—vAS, in order to accomplish the objective of the Local
Government Comprehensive and Land Development Regulation Act in
general and Section 153.3177(6)(h), Florida Statutes, in
particular, the County and City intend, during the term of this
Agreement, to restrict future annexations by the City to lands
within the Jcint Planning Area ("the JPA") (as hereinafter
le-ined) and upon annexation of lands within the Joint Planning
Area to restrict the land uses which may be approved by the
C ty; and
WHERSAS, there is no intent for this Agreement to restrict
toe County's ability to amend its Comprehensive Plan for
unincorporated areas within the JPA; and
N-= XS, the agreement of the City to restrict its
annexation authority and be bound by the provisions of this
Agreement within the JPA is a material inducement to the County
to enter into this Agreement and the County would not enter
into this Agreement but for such agreement by the City; and
'N'EREAS, this Agreement is further intended (1) to protect
the Clarcona Rural Settlement and the Gotha Rural Settlement,
-2-
CPA-95-1-1
(2) to foster the objectives of the County Comprehensive Policy
Plan with respect to said rural settlements, including but not
limited to Objective 2.1 of the County Comprehensive Policy
Plan, and (3) to prevent annexation by the City within the said
rural settlements; and
WHEREAS, the lands within the JPA are ideally suited for
future annexation by the City; and
WHEREAS, there are numerous parcels within the JPA which
are Enclaves (as hereinafter defined) which are ideally suited
for future annexation by the City; and
WHEREAS, the orderly planning for future development within
the JPA requires that the procedures set forth herein be
followed so that property owners within the JPA may be fully
of o r:ned of the requirements of the City and County; and
WHEREAS, the County has filed the Lawsuit (as hereinafter
defined) against the City challenging the validity of the
Challenged Annexation Ordinances, the Challenged Rezoning
Ordinances, the Disputed Annexation Ordinances and the Disputed
Rezoning Ordinances (as hereinafter defined); and
WHEREAS, t his Agreement is being executed in conjunction
with a settlement agreement which dismisses with prejudice
(subject to the rights of the parties to litigate enforcement
of this Agreement and the Settlement Agreement) all of the
Lawsuit except for tie portion relating to the Disputed
Annexation A_aas (as hereinafter defined);
-3-
CPA-95-1-1
WHEREAS, this Agreement will further provide for the
allocation of appropriate responsibility within the JPA and
those lands annexed by the Challenged Annexation Ordinances for
public facilities and services providing for the public's
health, safety and welfare; and
WHEREAS, pursuant to Sections 163.3171(3) and 164.106,
Florida Statutes, this Agreement has been approved at
advertised public hearings held by both the Orange County
Commission and the Ocoee City Commission; and
WHEREAS, the County is an incorporated Charter County with
authority to enter into and approve this Agreement; and
WHERE.yS, the City is a municipal corporation with aL'thcrli.'T
to enter into and approve this Agreement; and
WHEREAS, the City and County seek to enter into this
Agreement in order to achieve the settlement of the Lawsuit and
to further the objectives of the County Comprehensive Po'_icy
P_a : and t ,e C: _T Comp�eZenS:ve plan.
NOW, THEREFORE, in consideration. of the covenants :Wade by
each party to the otter and o= the mutual advantages to be
CPA-95-1-1
realized by the parties hereto, the receipt and sufficiency of
which is hereby acknowledged, the County and the City hereby
agree as follows:
Section 1. Recitals. The above Recitals are true and
correct and are incorporated herein by reference.
Section 2. Authority. This Agreement is entered into
pursuant to (1) Chapters 125, 163, 164 and 166, Florida
Statutes, (2) the general authority of Section 163.01, Florida
Statutes, relating to interlocal agreements and (3) the
Charters of the County and City. Furthermore, certain
provisions contained herein are entered into pursuant to
specific authority of Section 163.3171(3) and Section
163.3177(6)(h)(1)(e), :lorida Statutes.
Section 3 Definitions. For the purposes of -h
is
Agreement, the following terns shall have the meanings set
forth in this section unless othe raise indicated by the contest:
"Agreement" means this Joint Planning Area Agreement
between Orange County and the City of Ocoee in furtherance of
settlement of the Lawsuit.
B. "Challenged annexation areas" means those land
purported to have been annexed into the corporate limits of the
City by the Challenged annexation Ordinances.
C. "Challenged Annexation Ordinances" means City
Ordinance Nos. 92-32; 92-34, 92-36, 92-38, 92-42, 92-44, 92-46,
92-30, 92-54, 92-56, and 92-60 all of which were adopted by the
Ocoee City C-ommission on December 14, 15 and i6, 1992.
-3-
CPA-95-1-1
D. "Clhailenged Rezoning Ordinances" means City Ordinance
Nos. 92-33, 92-35, 92-37, 92-39, 92-43, 92-45, 92-47, 92-51,
92-35, 92-57, and 92-61 all of which were adopted by the Ocoee
City Commission on December 14, 15 and 15, 1992.
E. "City" means the City of Ocoee, a Florida municipal
,corporation.
F. "City Comprehensive Plan" means the Comprehensive Plan
of the City of Ocoee adopted on September 18, 1991 by City
Ordinance No. 91-28, as it may from time -to -time be amended.
G. "City Future Land Use Map" means the City of Ocoee
Future Land Use Map 2010 attached to the Ocoee Comprehensive
Plan as Figure 2 and by this reference made a part hereof, as
it may from time to time be amended.
H. "City Sewer Service Territory" means those lands to
which the Cit_r may provide sewer ser-rice, as described in the
Sewer Service Territorial Agreement, as it may be amended or
replaced from time to time.
i. "City Water Service Territory" means those lands to
which the City may provide water service, as described in the
Water Territorial Agreement, as it may be amended or replaced
from time to time.
J. "Clarcona Rural Settlement" means, for the purposes of
this Agreement, those lands depicted in Exhibit "C" attached
hereto and by this reference made a part hereof, all of which
-6-
CPA-95-1-1
as of the Effective Date lie outside of both the JPA and the
corporate limits of the City.
K. "County" means Orange County, Florida, a political
subdivision of the State of Florida.
L. "County Comprehensive Policy Plan" means the Orange
County Comprehensive Policy Plan 1990-2010, in effect as of the
Effective Date of this Agreement, as it may from time to time
be amended.
M. "County Future Land Use Map" means the Orange County
Comprehensive Policy Plan 1990-2010 Future Land Use Map Series,
dated August 31, 1992, and by this reference made a part
hereof, as it may from time to time be amended.
N. "County Sewer Service Territory" means, for the
purposes of this Agreement, those lands which are outside the
City Sewer Service Territory.
0. "County water Service Territory" means, for 'the
Purposes of this Agreement, those lands which are outside the
City 'dater Service Territory.
P. "Development Order" shall have the same meaning as set
fortz in tZe Planning Act.
Q. "Disputed Annexation Areas" means those lands
purported to have been annexed into the corporate limits of the
City by the Disputed Annexation Ordinances.
R. "Disputed Annexation Ordinances" means City Ordinance
Nos. 92-72 and 92-74 adopted by the Ocoee City Commission on
-7-
CPA-95-1-I
December 15, 1992 and City Ordinance No. 92-76 adopted by the
Ocoee City Commission on January 5, 1993.
S. "Disputed Rezoning Ordinances" means City Ordinance
Nos. 92-73 and 92-75 adopted by the Ocoee City Commissian on
December 16, 1992 and City Ordinance No. 92-77 adopted by the
Ocoee City Commission an January 5, 1993.
T. "Effective Date" means the date when the last one of
the City and County has signed this Agreement, which date will
be inserted on page I of this Agreement.
U. "Enclave" shall be as defined by Chapter 171, Florida
Statutes.
V. "Gotha Rural Settlement" means for the purposes of
this Agreement, those lands depicted in Exhibit "D" attached
hereto and by this reference made a part hereof, all of which
as of the Effective Date lie outside both the JPA and the
corporate 1-4mits of the Cit'r.
W. "Joint Planning Area" or "JPA" means those land which,
as of the Effective Date, (1) are located in unincorporated
Orange County, and (2) lia within the Joint Planning Area as
depicted in Exhibit "A" attached hereto and by this reference
made a part hereof. There is expressly excluded from the JPA
all lands which, as of the Effective Date, are located within
the corporate limits of the City, including but not limited to
those lards annexed into the corporate limits of the City of
Ocoee by all of the Challenged Annexation Ordinances.
a1
CPA-95-1-1
Y. "Joint Planning Area Land Use Niap" or "JPA Land Use
,Sap" means that certain map attached hereto as in Exhibit "B"
and by this reference made a part hereof which graphically
depicts the boundaries of the Joint Planning Area and the
future land uses for lands located within the Joint Planning
Area, which future land uses will be applicable only to the
City and then only upon annexation of said lands into the
corporate limits of the City.
Y. "Lawsuit" means that certain Complaint for Certiorari
and Declaratory Relief brought by the County against the City
in the Circuit Court of the Ninth Judicial Circuit which has
been assigned Case No. CI93-245, as such complaint may from
time to time be amended, challenging the validity of the
Challenged Annexation Ordinances, the Challenged Rezoning
Ordinances, the Disputed Annexation Ordinances and the Disputed
Rezoning Ordinances.
Z. "Planning Act" means Part II of Chapter 153, Florida
Statues (1992), as amended by Chapter 93-206, Laws of Florida,
also kown as the Lccal Government Comprehensive Planning and
Land Development Regulation Act and as it may from time to time
be amended.
a.A. "Planning Advisory Committee" or "PAC" means that
certain Orange County/City of Ocoee Planning Advisory Committee
j ointi_v established by the City and County pursuant to Section
I of tills Agreement.
-9-
CPA-95-1-1
AB. "1987 Interlocal Agreement" means that certain
Interlocal Agreement for Joint Comprehensive Planning Area,
r
dated January 20, 1987, between the City and the County.
AC. "Settlement Agreement' means that certain settlement
agreement of even date herewith which results in a stipulated
partial final judgment allowing dismissal of the Lawsuit with
prejudice as to all of the Challenged Annexation Ordinances and
Challenged Rezoning Ordinances, while reserving the rights of
the parties to litigate enforcement of this Agreement, and the
Settlement Agreement, if necessary. The Settlement Agreement
in no way affects the Lawsuit with respect to the Disputed
Annexation Ordinances and Disputed Rezoning Ordinances.
AD. "Sewer Territorial Agreement" means that certain
Orange County/City of Ocoee Sewer Service Territorial
Agreement, formerly known as the Orange County/Prima Vista
Utility Company, Inc. Sewer Service Territorial Agreement
(Contract No. 5-87-8) dated June 8, 1987 by and between Orange
County and Prima Vista Utility Company, Inc. ("PVU") as
recorded on June 10, 1987 in Official Records Book 3894, Page
1363, Public Records of Orange County, Florida, as assigned by
PVU to the City by assignment of Sewer Service Territorial
Agreement dated November 30, 1987, by and between PVU and the
City, and as amended by Letter Agreement S-1 dated July 13,
1988 between the City and County, and as further amended on
this data by separate agreement between the City and County, as
_t may rrom time to time ze amended.
-10-
CPA-95-1-1
A.E. "'dater Territorial Agreement" means that certain
Orange County/City of Ocoee Water Service Territorial Agreement
(Contract No. W-88-06) dated November 14, 1988, by and between
Orange County and the City, as recorded on November 23, 1988 in
Official Records Book 4034, Page 291, Public Records of Orange
County, Florida and as amended on this date by separate
agreement amended by the City and County, as it may from time
to time be amended.
Section 4. Term.
A. The term of this Agreement shall commence on the
Effective Date and shall terminate ten (10) years thereafter
unless extended in accordance with provisions of Section 4(B)
below.
B. This Agreement shall be automatically extended for an
additional one (1) year terra (i.e., until eleven (11) _years
from the Effective Date) unless either the City and/or the
County, as the case may be, delivers a notice of non -renewal to
the other party at least one (1) year prior to the expiration
of the initial ten (10) •year term of this Agreement.
Thereafter, this Agreement shall be automatically extended for
consecutive one (1) year terms unless either the City and/or
the County, as the case may be, delivers a notice of
non -renewal to the other party at least nine (9) months prior
to the termination date of any such extended one (1) year
tarn. The party or parties giving such a notice of non -renewal
CPA-95-1-1
as aforesaid may, in such parties sale discretion, revoke such
notice of non -renewal at any time prior to the expiration date
of the initial 10-year term or any extended term of this
Agreement. Nothing contained herein shall preclude either
party from pursuing with the other party an amendment or
modification to this Agreement in connection with the delivery
of any such notice of non -renewal.
Section 5. Preservation of Clarcona and Gotha Rural
Settlements.
A. The City hereby covenants and agrees that during the
term of this Agreement it will not annex into the corporate
limits of the City, whether by voluntary or involuntary
annexations, any lands located within either the Clarcona Rural
Settlement or the Gotha Rural Settlement.
B. The City hereby ezpress?y recognizes the authority of
the County, in its discretion, to designate all or any =ortion
of the Clarcona Rural Settlement and the Gotha Rural Settlement
as "Preservation Districts" pursuant to the provisions of
Section 505 of the Crange County Charter entitled Voluntary
Annexation and 'Co urther provide for an exclusive method of
annexation with respect to the lands so designated. The City
further covenants and agrees not to sue or other -Rise challenge
tee validity of Section 505 of the Orange County Charter
entitled Voluntary Annezation or any designation of the
Clarcona Rural Settlement- and/or Gotha Rural Settlement as
"Preservation Distric-s'* pursuant to the terms thereof.
CPA-95-1-1
C. Nothing contained in this Agreement or the City
Comprehensive Plan or the County Comprehensive Policy Plan, as
each will be amended to incorporate this Agreement pursuant to
the provisions of Section 9 hereof, shall be deemed as a waiver
or estoppel of the authority of the County to create
Preservation Districts and otherwise provide for an exclusive
method of voluntary annexation, which method would supersede
general law, as expressly authorized by Chapter 171, Florida
Statutes, and the Orange County Charter.
D. Nothing contained herein shall be construed to limit
the right of any owner of real property within the Clarcona
Rural Settlement and/or the Gotha Rural Settlement (1) to
Petition the Orange County Commission and the Ocoee City
Commission for an amendment to the JPA so as to allow
annexation of such owners real property into the corporate
limits of the Cites in accordance with applicable statutes and
ordinances, which amendment may be granted or denied by the
Orange County Commission and the Ocoee City Commission, in
their sole and absolute discretion, provided that any such
actions :rust be taken only at an advertised public hearing, and
then, upon amendment of the JPA pursuant to the procedures set
forth herein to include such property, or (2) to petition the
City for annexation of such owner's real property into the
corporate limits of the City in accordance with this Agreement
and applicable statutes and ordinances.
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CPA-95-1-1
S. Ia the event the City during the terra of this
Agreement annexes into the corporate limits of the City any
lands located within the Clarcona Rural Settlement or the Gotha
Rural Settlement, then in such event (1) the County shall have
standing to challenge the validity of any such annexation
occurring if it is in violation of the provisions of this
Section, and (2) the City agrees that no Development Orders and
no changes to the land use designation of any such annexed
lands may occur without a majority vote of the full membership
of both the Orange County Commission and the Ocoee City
Commission. This section is intended to grant to the County
extraterritorial powers pursuant to Section 163.3171, Florida
Statutes, with respect to any lands within the Clarcona Rural
Settlement and/or Gotha Rural Settlement which may hereafter be
annexed by the City and shall be in addition to any other
remedies in law or equity that the County may have.
F. It is expressly understood between the parties that
the City's covenant not to annex areas within the Clarcona
Rural Settlement and Gotha Rural Settlement is a material
consideration for the County's voluntary dismissal, with
prejudice, of the Lawsuit as the Challenged Annexation
Ordinances and the Challenged Rezoning Ordinances. It is
further understood that nothing contained in the foregoing
section is intended to connote authorization by the County of
annexation by the City into the Clarcona Rural Settlement or
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CPA-95-1-1
Gotta Rural Settlement. Rather, said section is intended to
insure that the County retain planning jurisdiction over any
such annexed areas and that adjacent residents have meaningful
input into any such annexation decisions in the event that the
City's covenant not to annex into the Clarcona Rural Settlement
is either violated or declared invalid for any reason.
G. It is expressly understood between the parties that
the covenants and agreements of the City set forth in this
Section 5 constitute a material inducement by the City to the
County to enter into this Agreement and the Settlement
Agreement.
Section 6. Joint Plannina Area.
A. amendment to Future Land Use Maos. The City agrees
that w-th respect to lands located within the JPA that it will
not amend the City Future Land Use Map, except as expressly
recu-red by Section 9 hereof and except as permitted in
accordance with the procedures set forth in Section 8 hereof.
Subject to the provisions of Section 13 hereof, the parties
expressly agree and ack-mcwledge that notwithstanding anything
contained here-.^. to the contrary, nothing in this Agreement
shall be construed to limit or restrict the right of the County
to amend or revise the County Future Land Use Map in accordance
with the provisions of the Planning Act.
3. Comprehensive Plan and Lard Use Regulations. Until
such time as any lands within the JPA are annexed by the City
CPA-95-1-1
pursuant to the procedures set forth in this Agreement and the
applicable state statutes and regulations, it is agreed as
follows with respect to lands located within the JPA: (1) the
County Comprehensive Policy Plan and land development
regulations shall control such land, and (2) the County shall
exercise exclusive authority over such land. Upon adoption by
the City of an ordinance annexing into the corporate limits of
the City any lands located within the JPA, it is agreed as
follows with respect to any such lands so annexed: (1) the
City Comprehensive Plan and land development regulations shall
control such annexed lands, (2) concurrent with the annexation
of such annexed lands the City may establish an initial zoning
for and rezone such annexed lands consistent with the City
Comprehensive Plan and this Agreement and the applicable state
statutes and regulations, (3) the City may issue Development
Orders with respect to such annexed lands prior to the adoption
of an amendment of the City Comprehensive Plan to include such
annexed lands so long as such Development Orders are consistent
:pith the Cit_r Comprehensive Plan and this agreement and the
applicable state statutes and regulations, and (4) the City may
immediately exercise municipal jurisdiction over such annexed
land for the purposes of the Planning Act.
C. Desianation. The parties hereto hereby designate
those lands depicted in Zxhioit "A" hereto and graphically
depicted in Zxhibit "3" hereto as the "Joint Planning Area."
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CPA-95-1-1
D. Future annexation. The parties hereto acknowledge and
agree that lands located within the Joint Planning. Area,
including any Enclaves located therein, are logical candidates
for -annexation by the City, subject to the provisions of
Chapter 171, Florida Statutes. The City hereby covenants and
agrees that it will conduct a public facilities and services
analysis for any area being annexed and take into consideration
the fiscal impact of such annexation prior to approving the
annexation. In the event that such an analysis is conducted
which, in the sole opinion of the City meets the requirement of
this subsection, and the terms and conditions of this Agreement
are otherwise complied with, then the County covenants and
agrees that: (i) it w:T1 not oppose the annexation by the City
of any such lands located within the JPA, and (2) it will not
Life suit against the City challenging the validity of any
ordinance annexing into the corporate limits of the City any
such lands located within the Joint Planning Area or otherwise
challenge or oppose any such annexation ordinances. The
agreement of t he County as set forth in this Section 6(D) is a
material inducement to the City to enter into this Agreement
and it is acknowledged and agreed that the City would not enter
into this Agreement but for the inclusion of this Section 6(D).
Section 7. Annexation Cutside of JPA.
A. Unless and until this Agreement is modified or
terminated in accordance with its terms, all future annexations
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CPA-Q5-i-1
by the City shall occur only within the JPA, subject to the
terms and conditions of Chapter 171, Florida Statutes, and this
Agreement.
B. If an annexation petition is filed with the City by
the owner of land which does not lie within the JPA, then such
annexation petition shall not be approved by the City unless
and until this Agreement is amended to incorporate such land
into the JPA; provided, however, that the County shall be under
no duty to amend this Agreement to incorporate such land into
the JPA and may accept or reject any such request to do so in
its sole and absolute discretion.
C. The provisions of this Section 7 are not applicable to
to annexation of lands located within the Clarcora Rural
Settlement and/or the Gotha Rural Settlement, the annexation of
said lands being expressly prohibited as set forth herein.
Sect_cn 3. Joint ?Yarning Area Land Use Mao.
A. Pursuant to the provisions of Section li3.3171,
?Ic-ida Statutes, the County hereby expressly authorizes the
City to plan for and include within the City Comprehensive
Plan, including the City Future Land Use Man, those lands
loca-ad within the JPA so long as the future land uses for such
lands as designated on the City Future Land Use Map are
consistent with the Joint Planning Area Land Use Map; provided,
however, teat the- City shall not exercise municipal
ju=isd'_ction over any such lands located within the JPA unless
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CPA-95-1-1
and until such lands are annexed into the corporate limits of
the City. Notwithstanding the foregoing, the parties hereto
r
agree that the County Comprehensive Policy Plan shall control
until annexation by the City.
a. The City shall include the JPA within the City
Comprehensive Plan but may not provide for future land use
designations different from those set forth in the Joint
Planning Area Land Use Map. For purposes of this Agreement
only, the future land use designations for the area included in
the Joint Planning Area Land Use Map are amendable by the
parties hereto without a comprehensive plan amendment only
after advertised public hearings are held by the City and
County regarding the -proposed amendment to the Joint Planning
Area Land Use Map unless said public hearings are waived by
both the County and the City. Any such amendment must be
approved by a majority vote of the full Boards of both the
Orange County Commission and the Ocoee City Commission. The
'Reviewing Party (as hereinafter defined) may require that the
proposed amendment be considered at. a Joint advertised public
hearing.
C. For purposes of this Agreement only, the City or
County may request an amendment to the Joint Planning Area Land
Use Map (including but not limited to an extension of the
Boundary of
the Joint
Planning Area)
in accordance
with
the
procedures
set forte in
this Section
8(C). In such
case,
the
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CPA-95-1-1
Party reauesting the amendment (the "amending Party") shall
Provide written notice to the other party (the "Reviewing
Party") and the Planning advisory Committee setting forth the
reasons for the requested amendment. Within thirty (30) days
Of receipt of such notice by the Planning Advisory Committee,
it shall meet to consider the proposed amendment and shall make
such recommendations as it deems appropriate to the County and
City with respect thereto. within fourteen (14) days after
receipt of the recommendations of the PAC, the Reviewing Party
shall notify the amending Party whether or not it desires a
public hearing to discuss the proposed amendment, and, if so,
whether such hearing will be a joint public hearing. If a
public hearing is requested by the Reviewing Part
- g y the City and
County shall 'then schedule public hearings within silty ( )
00
days of '--le receipt of Reviewing Party's notification to the
Amending Party. Unless a joint Public hearing has been
requested, the first public hearing will be held by the
Amending Party. I; the proposed amendment is not approved by
_he Amending ?arty at _rs :c:^?_,. hear' - Lng, 'then the request for
the proposed amendment shall be deemed withdrawn by the
.m. ending Party and no =;:_th er action shall be required. If the
proposed amendment is approved by the Amending Party at its
Public hearing, then the Reviewing Party shall consider the
Proposed amendment at its Public hearing (or the joint public
:.earing). I the proposed amendment is not approved *by the
3eviewing Party at its public hearing (or the joint public
-20-
CPA-95-1-1
hearing), then the decision of the Reviewing Party may be
appealed by the Amending Party to the East Central Florida
Regional Planning Council for informal mediation. If a public
hearing is not requested by the Reviewing Party, or if the
Reviewing Party approves the proposed amendment, then in such
event the Joint Planning Area Land Use Map shall be deemed to
be amended in accordance with the request of the Amending
Party. The approval of an amendment to the Joint Planning Area
Land Use Map shall not be deemed to be an amendment to either
the County Comprehensive Policy Plan or the City Comprehensive
Plan and shall not be subject to the procedures with respect
thereto; provided, hcwever, that this section is not intended
to discharge the City of any requirement under the Planning Act
to amend the City Comprehensive Plan, including but not limited
to the City Future Land Use Map and intergovernmental
Cocrd4nation Element, following any amendment to the Joint
Planning Area Land Use Map; and provided, further that this
section is not intended to discharge the County of any
=ecui_ement .:nde_ the Plaani
•g A t ro amend the
ntargovar-manta1 Coordination Element of the County
Comprehensive Policy Plan following any such amendment to the
Joint Planning Area Land Use Map. Upon approval of such
amendment as aforesaid, the City, if necessary pursuant to the
applicable state statutes and regulations, may seek to amend
its comprehensive plans so as to be consistent with the
amendment to t he Joir_r Pla nn=rC Area Land Use Mao the
City
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CPA-95-1-1
may, i` necessary pursuant to the applicable state statutes and
regulations, amend the City Comprehensive Plan, including the
City Future Land Use Map, so as to be consistent with the
amended Joint Planning Area Land Use Map. The County agrees
not to object to or challenge any such comprehensive plan
amendment which is consistent with the amended Joint Planning
Area Land Use Map. If the proposed amendment to the JPA Land
Use Map is not approved as aforesaid, then the JPA Land Use Map
will remain in full force and effect and the City shall not
seek an amendment to the City Comprehensive Plan incorporating
the proposed amendment to the JPA Land Use Map.
D. The provisions of this Section 8 shall during the term
of this Agreement be applicable to the City with respect to
lands located within the JPA without regard to whether or not
such land are annexed into the corporate limits of the City
subsequent to the Effective Data.
... Nothing contained in this Section 8 shall be construed
to require that the County seek or obtain an amendment to the
JPA Land Use !dap or to follow the procedures set forth in this
Agreement in order to amend the County Future Land Use Map (and
in particular the future land use designations of
unincorporated areas within the JPA), it being the intent of
the parties that the JPA Land Use Mao is applicable only with
respect to the actions of the City upon the annexation of lands
wthin the J?A. Accordingly, no signature by the chief elected
-22-
CPA-95-1-1
official or City shall he necessary on transmittals of
` amendments to Orange County's Comprehensive Polic-t Plan.
Section 9. Oblication to Amend Comp rehensive Plans.
A. Subsequent to the Effective Date, the City and County
shall proceed in good faith and with due diligence to amend
their respective comprehensive plans in the manner set forth
herein during their next comprehensive plan amendment cycle,
but in no event shall: (1) such transmittal occur later than
nine (9) months from the Effective Date and (2) such adoption
occur later than eighteen (18) months from the Effective Date.
B. Within ninety (90) days from the Effective Date each
party shall submit to the other party drafts of the teat of the
amendments to their respective comprehensive plans called for
by this section. teach party shall have thirty (30) days to
review and comment on the other parties proposed amendments to
its comprehensive plan. Thereafter, the parties shall proceed
in goad faith to amend their respective comprehensive plans in
accordance with the provisions of the Planning Act and this
Section. In connection therewith, the parties shall coordinate
their consideration and scheduling of any such comprehensive
plan amendments.
C. The City shall proceed in good faith and with due
diligence to amend the City Comprehensive Plan as follows:
(1) To incorporate by reference this Agreement as
part of tte City Comprehensive Plan Intergovernmental
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CPA-95-1-1
Coordination Element and to amend all provisions of the City
Comprehensive Plan inconsistent with this Agreement so that the
City Comprehensive Plan is consistent with this Agreement.
(2) To reflect the current corporate limits of the
City. For the purposes hereof, the corporate limits of the
City include all of the Challenged Annexation Areas except for
the Disputed Annexation Areas, which lands will be separately
identified on the City Future Land Use Map in accordance with
the provisions of Section 18 hereof.
(3) To delete from the City Future Land Use Map all
lands outside of the JPA and the corporate limits of the City,
except for the Disputed Annexation Areas which will be
separately identified on the City Future Land Use Map in
accordance with the provisions of Section 18 hereof.
(4) To reflect the Joint Planning Area on the City
Future Land Use Map and other appropriate :naps and exhibits to
the City Comprehensive Plan.
D. The County shall proceed in good faith and with due
diligence to amend the County Comprehensive Policy Plan as
follows:
( 1 ) To incor_orate by reference this Agreement as
part of the County Comprehensive Policy Plan Intergovernmental
Coordination Element and to amend all provisions of the County
Comprehensive Policy Plan inconsistent with this Agreement so
that the County Comprehensive Policy Plan is consistent with
t s :fig: ae:neat .
-24-
CPA-95-1-i
(2) To reflect the currant corporate limits of the
City, including all of the Challenged Annexation Areas except
for the Disputed Annexation Areas.
(3) To reflect the Joint Planning Area on the County
Future Land Use Map (which will set forth future land uses
applicable only to the City, and then, only upon annexation by
the City) and other appropriate maps and exhibits to the County
Comprehensive Policy Plan.
(4) To create transition zones allowing up to two (2)
dwelling units per acre in those areas of unincorporated Orange
County which abut the outer boundary of the JPA and are outside
the JPA and are adjacent and within to either the Gotha or
Clarcona Ru=al Settlements. Such transition areas shall be
Provided for through policies in the County Comprehensive
Policy Plan.
�. Each party hereto shall consider in good faith any
comments raised by other party pursuant to the provisions of
Section 9(3) prior to transmittal of their respective
comprehensive :lans hereof wits the objective of assuring that
tie proposed comprehensive plan amendments are consistent with
the "arms and conditions of this Agreement. In the event there
is a dispute tetween the parties as to the content and/or text
of any comprehensive plan amendment required by this Section,
t en the parties hereto agree to seek informal mediation by the
mast Central Florida Regional Planning Council. Following
iaforral mec_ap_on, tie par - _es will proceed in good lath to
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CPA-95-1-1
amend their respective comprehensive plans, taking into
consideration the results of suc.11 informal mediation and the
provisions of the Planning Act.
F. The parties hereto agree that the incorporation of
this Agreement by reference (and exhibits incorporated by
reference into this Agreement) into their respective
comprehensive plans and the subsequent approval thereof by the
State Land Planning Agency shall render any action by the City
or County which is contrary to this Agreement as inconsistent
with the City Comprehensive Plan and the County Comprehensive
Policy Plan, respectively.
G. Notwithstanding the existence of this Agreement, the
City and County shall amend their respective comprehensive
plans during their plan amendment cycle immediately following
annezation of lands located within the JPA to ensure that the
corporate limits of the City are properly configured and
depicted on both City Comprehensive Plan and/or the County
Comprehensive Policy Plan.
This section is intended to comply with the provisions
of Section 153.317Z(1), Florida Statutes, with respect 'Co the
establis,amert of procedures for Joint action in the preparation
and adoption of the City and County comprehensive plans.
Section 10. Sewer and water Services
A. The County -hereby covenants and agrees to provide
sewer and wager serv'_ce to those lands located within the
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CPA-95-1-1
cor?orate limits of the City, and those hereafter annexed into
the corporate limits of the City (which lands are also within
the JPA), and which lands are not within the City Water Service
Territory or City Sewer Service Territory, respectively;
provided, however, that the County shall not be obligated
pursuant to this agreement, to provide sewer and water service
to the County Sewer Service Territory and the County Water
Service Territory, respectively, unless the lands located
therein have been annexed into the corporate limits of the
City. The foregoing shall be subject to the property owner's
compliance with the applicable County rules and regulations
with respect to sewer and water service provisions (including
but not limited to the requirement that property owners install
lines for a distance of up to one mile from their property to
connect to the County's system). It is expressly agreed and
understood between the parties that County's reaffirmation to
provide central sewer and water service as aforesaid is a
material consideration to the C�ty's execution of this
Agreeme nt.
S. =n the event the County breaches its obligations under
Section 10(A) because it is unable to provide sewer and/or
water services, as set forth in Section 10(A) above, in a
timely manner (as reasonably determined by the County, in
accordance with rules and regulations of the County applied on
a Countywide basis), then in such event the County shall
zuest w^,olesale service from the City i n accordance wi` _Z the
Sewer Territorial Agreement and Water Territorial Agreement.
r r Terr ..oria
-27-
CPA-95-1-1
C. The orange County Comprehensive Policy plan shall not
be used as a basis to excuse the County's obligations under
this section. Any provisions contained within the
intergovernmental coordination element of the County
Comprehensive Policy Plan or provisions of this Agreement which
are in conflict with utility portions of the County
Comprehensive Policy Plan shall control over said utility
provisions in the County Comprehensive Policy Plan.
0. The parties further agree that nothing in this
Agreement, the Sewer Territorial Agreement and/or Water
Territorial Agreement addresses in any way the reuse water
rights of the City or County under Florida law.
E. The intent of this section is to assure the
availability of sewer and water service from either the City or
the County to all lands located within the corporate limits of
the City and upon annexation into the corporate limits of the
C'_ty to such annexed lands which are located within the JPA.
Section 71. Creation Or Planning Committee.
ng Advisory Comttee A. There is hereby created by the County and the City the
"Orange County/Ci.y of Ocoee ?lan:_Zg Advisory Commies'- The
��ee.
?AC shall consist of two appointees from the City, two
appointees from the County, and a lift-" person to be selected
by the four appointees.
B. The PAC shall have the following purposes:
(1) The PAC shall serve as a fOrum for the County and
Ci=v to identify and discuss issues related to comprehensive
�_3n=:ilT:l�:Ile_^_t3�i0n, and develoDT.en . and funding Which affect
-^-e C011Ilty and City is such areas as land Use, transportation,
d_ainage, conservation, solid waste, sanitary sewer, potable
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CPA-95-1-1
water, natural groundwater aquifer recharge and recreation and
open space planning.
(2) The PAC shall serve as a forum to discuss
annexation plans by the City.
(3) The PAC shall review and make recommendations on
all Interiocai agreements between the County and the City.
(4) The PAC shall make recommendations to the City
and County regarding any amendments to this Agreement, the
Joint Planning Area, and/or the Joint Planning Area Land Use
Map.
(5) The PAC shall serve as a forum for sharing
information and technical data and general discussion of
matters of interlocal interest.
(6) The PAC shall review and make recommendations to
the County and Citv regarding any areas within the JPA or
adjacent to the JPA requiring special study.
(7) The PAC shall advise the County and City
regarding the resolution of issues requiring intergovernmental
concurrence.
(3) The PAC shall foster the Goals, Policies and
Objectives of the County Comprehensive Policy Plan and the City
Comprehensive Plan.
(9) The PAC shall serve such other advisory functions
as may be jointly designated by the County and the City.
C. The PAC shall be a purely advisors committee and shall
have no authcritj to tame any actions binding on either the
County or City.
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CPA-95-1-1
Sect., on 12.. Conflic-t Resolut'
ion -
A. The Last Central Florida Regional Planning Council
shall serve as a forum for the informal nonbinding mediation of
intergovernmental disagreements and conflicts between the
County and City with respect to the comprehensive planning
matters and other matters set forth in this Agreement.
B. Notwithstanding the foregoing, in the event that
either party determines in good faith that it is necessary to
file a lawsuit in order to meet a jurisdictional time period or
otherwise preserve a legal right, said lawsuit shall be abated
once the filing and any other act necessary to preserve the
legal right Occurs, and the parties shall refer the matter to
the Last Central Florida regional Planning Council in
accordance with the terms set forth herein.
C. In the event the parties cannot resolve a conflict
after followi .g the procedures set forth in this Section, then
in such event she parties may Pursue such other remedies as may
be available Or resolution of such conflict, including but not
14
pursue; of all available administrative and
judicial remedies.
Section 13. Notices or Certa,;n clsPPl' ations.
A. With respect to all lands located within the JPA, the
City and County will each provide to the other notice of
receipt of the following applications: (I) Annexation, (2)
yeannexation, (3) Comprehensive Plan Amendment, including an
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CPA-95-1-1
amendment to the future land use map, (4) Rezoning, and/or (5)
Development of Regional Impact (collectively, the
"Applications"). For the purposes of this Agreement, all
references to "Applications" shall include any of the foregoing
which are initiated by the City, the County and/or a property
.owner. Such notice shall be provided within ten (10) business
days of receipt of an Application or initiation of such action
by the City and/or County. Upon request, either party may
obtain a copy of any such Application and be notified of all
public hearing dates with respect thereto and of all other
dates on which action may be taken with respect to such
Application.
B. within ten (10) working days of receipt of notice of
, and no less than 30 days prior to
an Applicaticn f_om a party
a public hearing scheduled by the party having jurisdiction
ove= an Application, the party receiving notice may object in
writing to any such Application.
C. Any City comments shall be forwarded to the County
Planning Di_ector and to the merabers of the PAC. Any County
comments shall be forwarded to the City Planning Director, City
`tanager and the members of tee PAC. The County Planning
Director and City Planning Director shall ensure that the
comments are introduced at all appropriate public hearings.
-31-
CPA-95-1-1
Sect; on 14 mad ZmnrcvPMpntS to C��tnt- r goads
A. The County and City acknowledge and agree that
development within the City and the JPA in accordance with the
City Future Land Use Map may require improvements to County
roads in order to meet concurrency requirements under the
Planning Act and the City Comprehensive Plan_ Subject to
compliance with all applicable County ordinances and policies,
including but not limited to the holding of public hearings
where applicable, the County agrees that it will consider in
good faith any request from the City for authorization to make
improvements to County roads which improvements are necessary
in order to meet concurrency requirements under the Planning
Act and the City Comprehensive Plan, so long as such
improvements are at no cost or ezpense to the County.
B. In the event the County denies a request from the City
to permit the City to iMP rove, at no cost or expense to the
County, a County road which is located both within the
corporate limits of the City and the JPA, then in such event
the City expressly reserves all rights and remedies that may
now or hereafter be available to the City, at law or in equity,
including but rot limited to all rights and remedies under the
Planning Act, to appeal or otherwise challenge any such
decision of the County. For the purposes of this Section,
improvements to County roads include, but are not limited to,
the extension of such roads, the addition of traffic lanes,
CPA-95-1-1
turn lanes, and/or signaiization, the paving of such roads, the
relocation and installation of utility infrastructure
(consistent with the Sewer Territorial Agreement and the Water
Territorial Agreement) within existing County roads and
easements, and such other improvements as may be necessary to
meet transportation concurrency requirements under the City
Comprehensive Plan.
C. The County will allow infrastructure improvements to
that portion of Maguire Road which is both within the corporate
limits of the City and the Joint Planning Area provided that
said improvements are at no cost or expense to the County and
are subject to the County's Permitting procedures and final
approval, which approval shall not be unreasonably withheld.
Section 15. 3attaQlia past.
With respect to the lands purported to have been annexed
into the corporate ii:nits of the City by City Ordinance No.
92-60, the City, the County and the owner of said lands have
voluntarily agreed to the development in accordance with the
site clan attached hereto as Exhibit "'" and by this reference
made a Dart hereon, subject to the voluntary dismissal of the
Lawsuit, with crejudice, with respect to City Ordinance Nos.
92-60 and 92-61. Contemporaneous with the execution of this
Agreement, the City and the owner of said lands will enter into
a developer agreement requiring the development of the lands
ar_nezed by Cit1r Ordinance No. 92-60 to occur in accordance
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CPA-95-1-1
with said site plan; provided, however, that said development
restrictions shall only become effective upon the voluntary
dismissal of the Lawsuit, with prejudice, as to the challenges
to City Ordinance Nos. 92-60 and 92-61. Said developer
agreement shall provide that it may not be amended without the
prior written approval of the County.
Section 16. Reduction of City Urbanization Area.
The parties hereto acknowledge and agree that the City
Comprehensive Plan sets forth future land uses and plans for
future annexation areas outside of the JPA and the current
corporate limits of the City and that the future land uses for
some of said lands may be inconsistent with the County
Comprehensive Policy Plan. A result of this Agreement will be
to reduce the area of future urbanization by the City as
contemplated in the City Comprehensive Plan and reduce
inconsistencies between the County Comprehensive Policy Plan
and the City Comprehensive Plan. To this end the City has by
this Agreement agreed, among other provisions, to the voluntary
restriction of its annexation powers, to the elimination from
the City Future Land Use Map of lands within unincorporated
Orange County which are outside of the JPA, and to the
protection of the Clarcona Rural Settlement and Gotha Rural
Settlement. The adoption of this Agreement has served the
further purpose of reducing inconsistencies between the County
Comprehensive Policy Plan and the City Comprehensive regarding
the future growth and development. of lands within the JPA.
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CPA-95-1-1
Section 17, County Futsr� Land Use Map.
The parties hereto acknowledge and agree that the future
land uses designated on the Joint Planning Area Future Land Use
Map are land uses which are intended to apply upon and in the
event of annexation into the City or land located within the
JPA and that such future land uses may be inconsistent with the
future land uses shown on the County Future Land Use Map.
Section 19. Disputed Annexation and Rezoning
inan ems.
The parties hereto acknowledge that they have been unable
to settle the Lawsuit with respect to the Disputed Annexation
Ordinances and the Disputed Rezoning Ordinances. The County
expressly reserves the right to continue the Lawsuit with
respect to the challenge to the Disputed Annexation Ordinances
and the Disputed Rezoning Ordinances. In the event the County
prevails in the Lawsuit with respect to the Disputed Annexation
areas, the City acknowledges and agrees that the Disputed
Annexation Areas will lie outside of both the corporate limits
of the City and the JPA. In the event the City prevails in the
Lawsuit with respect to the Cis_uted Annexation Areas, the
County acknowledges and agrees that 'the Disputed Annexation
Areas will De within the corporate li,nits of the City and not
subject to this agreement. The City agrees that pending the
resolution of the Lawsuit with respect to the Disputed
Annexation Areas that it will not issue any Development Orders
with respect thereto. The Disputed Annexation Areas shall be
-35-
CPA-95-1-1
identified in the proposed amendments to the City Comprehensive
Plan and the County Comprehensive Policy Plan in a manner
consistent with the provisions of this Section and both parties
covenant and agree not to object to any such provisions.
Following resolution of the Lawsuit, the City and County wi11
each make such amendments to their respective comprehensive
plans as may be necessary in order to conform such
comprehensive plans to the resolution of the Lawsuit.
Section 19Enforcement.
This Agreement shall be enforceable by the parties hereto
by whatever remedies are available in law or equity.
Section 20. Notices.
All notices, consents, approvals, waivers and elections
which any part-r shall be requested or shall desire to make or
give under tis agreement shall be in writing and shall be
given only by hand delivery for which a receipt is obtain or
certified mail, prepaid with confirmation of delivery
requested. Notices shall be addressed to the addresses set
Zorth below or that a party may otherwise designate in the
:Wanner prescribed herein.
if 'Co tie County: County Planning Manager
201 S. Rosalind Avenue
P.O. Box 1393
Orlando, Florida 32802
With a copy to: Orange County Administrator
201 S. Rosalind Avenue
P.O. Box 1393
Orlando, Florida 32802
-3 b-
CPA-95-1-1
If to the City: City manager
City of Ocoee
130 North Lakeshore Drive
Ocoee, Florida 34761
With a copy to: Director of Planning
City of Ocoee
130 North Lakeshore Drive
Ocoee, Florida 34761
Notices, consents, approvals, waivers and elections shall be
deemed given when received by the party for whom intended at
such party's address first herein specified, or such other
address as such party may have substituted therefore by notice
to the other.
Section 21. Effect on Other Agreements.
This Agreement shall supersede and repeal any and all other
joint planning agreements between the parties, including, but
not limited 'Co that certain 1987 Interlocal Agreement, but
shall under no ci_c,_,mstances be construed as amending,
modifying or terminating the Sewer Territorial Agreement and/or
the Water Territorial Agreement.
Section 22 Other Municioaiities.
Agreement shall not be construed as binding upon or
affecting any municipality which is not a party hereto.
Section 23. Val idi t-r of Agreement.
The City and the County each represent to the other their
respective authority to enter . into this Agreement, and
acknowledge the validity and enforceability of this Agreement.
The Cit,r hereby represents, warrants and covenants to and with
-37-
CPA-95-1-1
the County that this Agreement has been validly approved by the
Ocoee City Commission at an advertised public hearing of the
Ocoee City Commission held pursuant to the provisions of
Sections 163.3171(3) and 164.106, Florida Statutes, that it has
been fully executed and delivered by the City, that it
constitutes a legal, valid and binding contract enforceable by
the County against the City in accordance with its terms, and
that the enforceability hereof is not subject to any impairment
by the applicability of any public policy or police powers.
The County hereby represents, warrants and covenants to and
with the City that this Agreement has been validly approved by
the Orange County Commission at an advertised public hearing of
the Orange County Commission held pursuant to the provisions of
Sections 163.3171(3) and 164.106, Florida Statutes, that it has
*-een duly executed and delivered by the County, that it
constitutes a legal, valid and binding contract enforceable by
the City against the County in accordance with its terms, and
that the enforceability hereof is not subject to any impairment
by the apalicabi'_ity of any public policy or police powers.
Section 24Covenant to Enforces
r_ this Agreement or any portion hereof is challenged in
any judicial, administrative or appellate proceeding (each
party hereby covenanting with the other party not to initiate
or pursue such challenge), the parties hereto collectively and
indlvidual_v agree, at their individual sole cost and expense,
-38-
CPA-95-1-1
to defend its validity through a final judicial determination
unless both parties mutually agree not to defend any such
challenge or not to appeal any decision invalidating any
portion of this agreement; provided, however, that the
foregoing shall not be construed as requiring either the City
or County to defend the other's comprehensive plan, or any
amendment thereto.
Section 25. MisceIlaneous.
A. Entire Agreement. This Agreement and the Settlement
Agreement embodies and constitutes the entire understandings of
the parties with respect to the subject matter addressed
herein, and all prior or contemporaneous agreements,
understandings, representations and statements, oral or
written, are merged into this Agreement and the Settlement
Agreement.
B. Amend:,ienr. This Agreement may not be modified or
waived orally and shall only be amended pursuant to any
instrument in writing and jointly executed by all of the
parties hereto, shall be enforceable by, binding upon and inure
to tihe benefit of the parties hereto and their respective
successors and assigns. Any party to this agreement shall have
the right, but not the obligation, to waive (in writing) rights
or conditions herein reserved for the benefit of such party.
C. Venue. This Agreement shall be governed by the laws
of the State of: Florida, and venue for any action to.enforce
-39-
CPA-95-1-1
the provisions of this Agreement shall be in the Circuit Court
in and for orange County, Florida.
D. Headings. The headings of the Sections of this
Agreement are inserted for convenience or reference and in no
way define, limit or describe the scope or intent of, or
,otherwise affect this Agreement.
E. Representations. All covenants, agreements,
representations and warranties made herein shall be deemed to
have been material and relied on by each party to this
Agreement.
F. Counterparts. This Agreement may be executed in any
number of counterparts, each of which, when executed and
delivered, shall be an original, with all counterparts tcgether
constituting one and the same instrument.
G. Const.uction. The provisions of this agreement shall
be liberally construed (i) as an expression of
inter -governmental cooperation enabling each party to make the
most efficient use of its powers in furtherance of the
cbJect:ves of the Planning Act, and (ii) to effectuate the
purposes hereof and the powers conferred b this Agreement.
g_ _.. roc
went .
All parties have participated in the preparation of this
Agreement, and the provisions hereof shall not be construed for
or against any party by reason of authorship.
H. Severability. If any provision of this Agreement is
declared invalid by laws applicable thereto the invalidity
-40-
CPA-95-1-1
shall not affect other validity enacted portions of this
Agreement.
I. A fully executed original of this Agreement Shall be
filed with the Clerk of the Circuit Court of Orange County,
Florida, as required by and in compliance with the provisions
of Section 163.01(11), Florida Statutes.
J. This Agreement is solely for the benefit of the formal
Parties herein and no right or cause of action shall accrue
upon or by reason hereof, to or for the benefit of any third
party not a formal party hereto.
IN WITNESS WHEREOF, the County and City have executed this
Agreement on behalf of the County and City, respectively, and
have set their seals hereto as of the date set forth above.
ORANGE COUNTY, 50RIDA
,�-County Cha i r:nan '
DATE:
�pYMTy
; • �o�•.,,3: ^'..,, ,� Martha 0. Haynie, County Comptroller
As Ct*e ,c ;of tse'Board of County Commissioners
a
epu 1 e r k
t ;; ... •�-b Tl.'%'Z USE AND RE-1 �VCE
f OR.MIGE COUNT`- ONLY.
APPROVE AS TO ORM
a,
Alison M. ��tuzko
Assistant County Attorney
-41-
cn beja.Lf
Of a -.sce C-unicir, ncrid3
STATE OF FLORIDA b
COUNTY OF OR.kNGE _
I KE.2E9Y �^ ~'
CE-RTIrY that on this day, before me, an officer ~
duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared Personally known to me.#a„ •
as
W-r-14FSS my hand and affi c' a T
se--1 in t:^Ie C,'mty and State
last aforesaid this 2nd day
Of F ehruar_,r, 1994.
WITNESSED:
Print Name; '7'
Print Name:
r%41,4Q-,,,
Notary Public
Printed Name."' MMM # a X'm SPRS
SaMpEp T1 ft TMV MM tpPAg ;r-
My Commission Expires:
CITY OF OCOEE,
A Florida municipai corpora ion
By: 1
S. Scott VandergrAt
Mayor
:. L '� r ` I Y
1 . l.est
JeAn Grafton,/
Cfty Clerk
(SEAL)
FOR THIZE USE AND RBIONCE ONLY By
THE CITY OF OCOEE, FLORIDA
A-PPROVED AS TO FORM AND
LL TY TT
DAY OF
f� 1994
?OLD"Y Sv'LA-UNE3 APPROVED BY TIC OCOEE CITY
3Y• .�Z ���� COMMISSION AT A MEETING HELD
`'ice- ON
City Attorney ITEM No. v is 4 1994 UNDER AGENDA
PALZ E. ROSENN-7HAL.
-42-
CPA-95-1-1
STATE OF FT�ORIDA
COUNTY OF O&kNGE
I I3E-REBY CERTIFY that on this day, before me, an officer
duly authori--ed in the State and County aforesaid to take
acknowledgments, personally appeared S. SCOTT VANDERGRI- and
JEAN GRA.FTON, personally known to me to be the Mayor and City
Clerk, respectively, of the CITY OF OCOEE, a Florida municipal
corporation, and that they severally acknowledged executing the
same in the presence of two subscribing witnesses freely and
voluntarily under authority duly vested in them by said
municipality.
WITNESS my hand and official seal in the County and State
last aforesaid this 117wday of _FcaRuA2Y , 1994.
Signature of Notary
n�artAty I G^.Eav 1 r�
vorcry Puoac.stcta of Rcnca
VV czm-=Of E=`es NCv ca. ' 044 Name o f Notary
rY (type, printed or
stamped)
AMY-541 01/30/94
(w/o underlines & strike-tChru)
Commission Number (if not
legible on seal):
My Commission Expires (i= not
legible on seal):
-43-
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, � • �
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EXHIBIT C
CLARCONA RURAL SETTLEMENT
RURAL SETTLEMENT BOUNDARY LINE
CPA-95-1-1
SETTLEMENT PROPOSAL: NOT TO BE USED IN CASE NO. C193-245 1/25/94
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