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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. 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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 t��erkb�ancs�i8 haws m 9a n 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 ................................ WO ::.: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 ��. :.. SClLE: V.P.S. ::tie` ^ �.�::: � •�.•. -�'..� � "� � ••+:: a++�sr � •�+. _�: -�•ti". �= r �ti :t,. :• L DIY. .. .. .. � LAK --j� APO Zr %I SCALE: 1ILT—L. ZPAIC 44 �� , _ 'ice;,.-.:: . �yY. ice• _ ! r-."7.'^ � � ` �rl� 0 4 � G 7 r :a . . . . . . . . . . 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. 7" QJ SCALE: N.T_&L fl ant 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: -- T-, t;X7 Lr 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 _ c.ccIC Ff rNr�-T Ra �1 , ul I f�_ I cco i I II ; � I � I� •�r I ; I __ I 1 11 ae m 18..,. ttTARKE , LA66 KE T� 271 _ � `� i •� � _ ter— � � i >� _\ �= ; I ' /���,�/-� A i N 4 (I to Owl A 28 _ C_PA-95-1-: r 40 •'�•_ _ - - ,' • ! ,�,-• _ ill T `1 SC►L r- N.T.S.Zo y r -are:' .) ..: ��• �.._. �. `. ash '.: •l:i. �'��i� *r+► L t el P. LEP PROPOSED INTERCHANGES IMPACT AREAS INCZRPCRATfD AREA :LINT P4NNMG 4RCA SCUNDARY INTERCHANGE IMPACT AREAS REVISED FIGURE 12 c?.zk_95_: - - -.4 SCAU: -ILT-11- ;m i LL_ I As .7 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, M r iii''� I I I-•��jipp��(•��•�C�-C�,�_S•1•rwla%i..( W �_``-1 `'• ti=pm.iInI i i >i../ �� �!� i . � , _ CHI ��"� - �� _ _ I �yS"�Z.�=•--� . •L�ir.>` " ->• anw.a-- i.. �: � ti I ,I: T >9 ��_/�►_ �� YES-.E, Y� . ••�t�'� f ,'�:�."�' - Ir -t Y~C (I ? , - - `��� i it = j� �''yw�; i �•. -` vvo :J. gl'1 I/rr lam T s L ! id v �( ' ♦ : f t • 1, T i1L� . .ii ; / _ I �afa41 i 714 --e' � - _t � 1 I� c`wr dti 7i�� �' ~ i �.�� ••� �im"s I 'LT 1 i aa7 • l- �••..--� - IC_-^d' i 1 = "' I "mil CAI • i•i •. 3...3. i. tr• i • j 3 a f L - \ S �=b f ff % i�=-'I • i [ - �— ;. ` ! s. L a_�---• , 1 !s tt-! ?.- �.•.! 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MW- Ila L IT 177 0 LEGEND: AREAS WHERE SUESTANDARD UNITS WAY EXIST !NCDRPORATED AREA X06T PLANNING AREA BOUNDARY GENERALIZED LOCATION MAP SUBSTANDARD UNITS REVISED FIGURE 16 t1112a to = lLP I{ tr1Y1{af ufi/uvauuuuwiaut,•aewr*■�{{a�.lnlerr/sa/al.wrawanu/ilwt�ww .IYoaC.11!/a//■a//utl/IL/r/71f7raiao`'_�1���JJa11\saao/aaaYa _D.t�//r•�•�� i11Ta.rR/Aa/law".saHe/rswnmr�111Mt11/a►\/yt//a{ lloe'altllttll/■IOL1Utatrtaa/d�•'�7:..iiA1171-f 70e■imwtwlwtl'UatiYai. rlrrrrla•Ula/oau/a/�ILaa/ar ^"�r/T'1Lawrea� w1{/O\CiawO//uaaaitl3//aa/a{ rltC�oftlY{'.fii/a///aR.l.���r'��'faw{f.{i/L6f /{Iwdaiaiia01Y/►a//wa!■iaiaa{ rlllr�aa 1►ra�u/uuucl.---•+� •�wa.•. 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IWa.�-JaAII III Iaa-71�JwY/aa►' /wa///a/av!1/i ILI{a111{/w M.r YYa;la1'.rr�wll1�'�1 I■rr ,C- i:.Tel/iaiiifti`��i•LIi7111/li1/.1.[_7LL:II Las LITTt'lf:tW­=lal AL §6a' fill r. � �� --• 0-, ocm, 0 1 ; C• . EXMnNC LIFT STATION UAST:R UFi TT1ArCN FORCE "N _�`"`/Y r �■ �.: �:� INC.^.RPORATED AREA :CINT PUNNING AREA 80UNDART EXISTING WASTEWATER COLLECTION AND TRANSMISSION SYSTEM REVISED FGJRE 18 .0 �D m u► ( 0 N.T.S. SABINAL STREET (D ' n - �WWTP #1 n c� 'J 1 �r 1 � �i POND .p �p O POND 1`,1 I jl 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\ ��•, ;,�� r.;�.i:. _.:,'Ltd :`�• _Y.-_�. •�� $%.)r:l: .V.T.S .rti — ).., wr • -.pi �i �.� . C+irr7ly `, M t y. tract ats � •• _ ,...Z: :�':::.i— II 12 i iy i lS( fir..,. _\• :.a: ^:� . • , ' t: :i':•I 422 all• ` �, r.K ' `• � i �• � 7S! r� .y � "�• x t S78 ` lid -:-=:i:...:-«'�• �'- i'�;c:f`�`• - _.,:_�_ ilk :.:,•:..; "x ,mac: - - \ / 0 o®. - E STING OFT' STATION 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 •1• �� - Ail PRAIRIE I.A911 {►NRUYINART PLAN -ow.!' iz 100—TRAM FLOOO/uIN AOYMDNT I +_�e•M • ` '� I �'� I C�� v i .. �. 1 t 7 • ;e.�.rloo t4000rL,AIM ROYNDM►12. LI[ I Win ...• aseane. ��. WINER OAMORN. I A. .ran.• f! Vr V`7q.AP . -Z:;_ _. A - SCALE. N.Ts. 'INNA062 114 sac? IDA I snmgc -nl _.r4. fit n-, r I -LAXE ADDAH WIN 13-LAKE LILLY WIN IA-SCUTH uAGZ IRE BASIN2 -LAKE )ACkDCW WIN 3 -PRAIRIE LAKE WIN 15-LAKE STANLEY &AZINI c A -NORTHWEST DITCH BASIN 15-LAXE FLORENCE 9A.SIN AA-lJOXlr/PEACH SUB -BASIN 5 -SPRING LAKE WIN 6 -LAKE JOHIC WIN 7 -STARKZ LAXE WIN 9 -LAKE LQTTA 3ASINI 9A-SOUTH CZNTRAL SUB-aAMN 10-UNNAMED 3ASIN No. 1 12-LAXE SENNEl 3ASIN INCORPORATED AREA XINT PLANNING AREA SOLINDARY MASTER DRAINAGE BASIN MAP REVISED FIGURE 24 TO OISTRIBUTICN SYSTEM FAC:U IES MASTEF METER FLOW SCHEMATIC FOR 250.000 GALLON ELEVATED TANK KISSIMMEE AVENUE WATER PLANT !"9/fte !1!- Ac N N.T.S. 2.000 GPM WELL 500. 0 GAL. GROUND STORAGE TANK W/ AERATOR HIGH SERVICE PUMPS i OELEVATED TO OISTRIBUTIC`� SYSTEM TO DISTRIBUTION SYSTEM 5CO GPM WELL FLUORINE CHLORINE FACIUTIE FACILITIES FLOW SCHEMATIC FOR JAMELA AVENUE WATER PLANT Source: Professional Fng.neering Cansultmts, 1990. mem =a 7R HIGH SERVICE PUMPS 1300 GPM WELL TO DISTR16UTICN SYSTEM SCHEMATIC 400.0 00 GAL. GROUND STORAGE �! TANK WITH i AERATOR ! 700 GPM WELL Professional Ea nee g Consultants, 1990. 92 aa• LU r..a...p«oNUN/o. uo.a1•w.•.a•7\c..a/r.asa..v.7cauanu.a.vw:.� .lu./v..uuNNa./N./Iu1•rswouaa�.rl�-�- •aanciaso./a/ya--n.u./r•►��s1.R 1Intlarm.ill..ouo.ua.l--�rr�:_�-ttlft9o�, M .4NltYJ.00r.RINf.tY\..tYa• 114Fa lall\111atatatttattl.attO _ /r_-71cJ 7aotlawtli/wMu6ttYa\7-�ttth lal .Ila_a,rn1Y IaYN/au.//:.IIaMw.ww..cs.uauara.nalNN/ a •as tesrsaurarr/I.MaaaYn wasting a.Naaa'latl M141-8a 1\...atuNaNNct--�-- +.•�Nw.w 1 s� a.assrata9.a/waeawau7raawoN■call t►la=tauNtu•uuuutrntltntl�y..aiarw ..rOc :.�-9taaaae7coYntr4aam aIY-N:•=�It/uuu/ruaeauaa...� - ate';.�war,�raaa�.ts..•reowu.N.o �IR_tt/araaall'.ta/a.uW.� ��1/ a.wnwalf a/.waJ.o11 rnlawrr_y.t/Aa1r..�1uN �ISFNNNalvuauutwl..«'�iaa lr�satl7f ::7 ■0.r �1C:laall aat.a L:'�311aa/a :. �IY:•Ntattttl`I taatttaaG Ion tf tl:.•-r0il•:rJ::. laiRa✓�S:.CY..aaOSlL'ra. a. ff--i'la.am t�Na�n�:s�.:�a��ar•���a�l!sw,si aisali i�iaiiiisci\�aaa�on i e an�toitr 1•Itaaa gEga 41Nat11�Ia■aaL'?��• �atCaaaat/Ilat..�--�-:ra..tf10: /'/■a.tYN/,___raa7a`ir^.M//�•I.r►.-'.aO7a//q/rQ=:'I----�i/rrr�l. ItttSi7�•rw=• !7allaa- it.[ aN• a./•-'. ortf\.taM•1�—17.1�..17 atr_ laaa.fa111Ii.7�.��1>v•��f1.4�rfa\l•'+'.Y/atr't�I�.I4i��•ai� 1� tons •eetnlgrr...wior=..1�/f1�t..411•a.7►=`.e/a�.-•.naw�- ---auagrua.r7r Ic.aaauualceaw-.Iuusaasia.7sarw.. ttoa-.ulesn:nlvuona-swsalsr 141'!'�Zan.a.: r1t11..arr•��7+.•.rr.. PGw zCZ, ! t446:kN'1yl�awta=tttast':Jt w ■ awIQ>a1l.ia.itlLtW/i'foUtz1.IIa31/R'ANgga�'ra =RtaenawarlNZ1.ma", —Itt"1qi1%/a.tr1rs7/yM/. LAl�.r 91, L4'�.•lraast.. tt Its sf.1 L 11lII4�/ I�t�T!'f91s: i•�! l.�r ✓rid a(iNs DiggagN//NWr. ____plG�r.'-:■Na^T�7N/Yr�.�R:��..na•I.�Ogailip/gt..f♦{ga.r�Cl// dai-�tafwl 1: aataaaa::SIID;aCIliCItCQ.7- R11[t91aa er/r•aaansnsar_- •Clat_alenu_-aa•r1 mamas��N�.7rasas9iNBJMIJAXI�iwmail V. elf To*. WALE: M.7 I I'valb- ma4g M!! 6 Zv 3010c 6wdx 7, .let Am 17. TIT L:N=RP0RArED AREA -XINT PLANNING AREA SOUNDARY POTENTIOMETRIC CONTOURS REVISED FIGURE 29 CPA-94-1-1 CPA-95-1-1 Zr- tan ,' +l• .1111 V.. •'x n � � 7a j11(lMI _� i.!•:r• • Y\ ..: , -lam - \•.'., ".. �'�� QqI a 11/ .ram' - � •.• .. 'ram 70 LEG'ND: \ MINI -PARK NEIGHBORHOOD PARK- a®SPECIAL PURPOSE FACILITY `-- I COMMUNITY PARK ; :NCDRPCRATED AREA .LINT PL.ANNMG AREA 90UNDAR7 RECREATIONAL FACILITIES MAP REVISED FIGURE 30 ;�..r � s; tiff ':';':.,_ -. �`• ::;_ _ rr•-'`'lam. '�ti. �11 "� _ __ .. � \- ". .. .\ SCALE: ?LT-S.-k+»•^� ` r '- :`r'.:^ �` :�"!"i': _ -:r: `: PAI OM a 4 1 XrAmc won me Lr 05 rt ='- LEGEND: 1-OCOEE- ELEMENTARY SCHOOL 2-OCOEE MIDDLE SCHOOL -'r- 3-WINDERMERE ELEMENTARY 4-SPRING LAKE ELEMENTARY 5-WEST ORANGE HIGH SCHOOL o-HEALTH CENTRAL HOSPITAL 7-cMERGENCY CARE INCORPORATED AREA t ' 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. -13- 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 -14- 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." -15- 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 -117- 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 -I3- 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 -19- 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 -Ll- 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 -22- 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 -25- 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 -26- 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 -23- 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. -29- 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 -30- 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 -33- 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. -34- 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- iIIIIIIWi/llllll� � � I , � • � �'s� IY ,�,//z tss_w 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 1-Iw U-.W.W 11�1�Ff ►1. ►.r.1►.n llnitnplin ►rult Co. Ine. CLARCONA-OCOEE ROAD PROPERTY (t 'r r cal.► tl t '1't•�. l•.1.11..•Irin.• rl �1 �• ii i fit!' c 1 U�• P.I.r A.".0 1, I.ff $.b N..f 114.19 01-th 999 1' Ile see, set, 29't.nlsilsenpA/ ilells to Tthlls huller -- Nnllnwu• n.Af• u.arao/ n.r -- e...►" n f e E+ H W H t If• • •.rll.r ►. A..Irl�n •rll.r ►•Ih f l� Typlcnl suction NI• .. w.l.lry. � Mr1 .•.rrN ...«RI+� wry. YMY�.... w. Y. Y.r N 4rrl.y • .r. 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