HomeMy WebLinkAboutItem #09 Wekiva - Remedial Comprehensive Plan Amendment
Meeting Date: December 15, 2009
Item #
Contact Name:
Contact Number:
tntl.
Michael Rumer
1018
Reviewed By: /} ~
Department Director: (~,>> /
City Manager: __ = ~_
Subject: Ordinance of the City of Ocoee Adopting a Remedial Plan Amendment to the Ocoee
Comprehensive Plan Pursuant to a Stipulated Settlement Agreement With the
Department of Community Affairs in Order to Comply With the Wekiva Parkway and
Protection Act.
Background Summary:
On January 16, 2007, the City adopted Ordinance 2007-002 approving amendments to the text of the City of
Ocoee Comprehensive Plan, incorporating the requirements of the Wekiva Study Area requirements pursuant
to Chapter 163, Part II, Florida Statutes. On March 9, 2007, the Department of Community Affairs (DCA)
issued a Notice of Intent (NOI) to find the amendments "not in compliance" with the requirements of Chapter
163, Part II, Florida Statutes. On October 20, 2009, the City of Ocoee adopted a Stipulated Settlement
Agreement with the Department of Community Affairs Regarding Amendments to Comprehensive
Plan Incorporating the Wekiva Parkway and Protection Act.
Specifically, DCA found the amendments did not address the requirements of the Wekiva Parkway and
Protection Act regarding the master stormwater management plan, water supply facility plan and land use
strategies to optimize open space and promote a pattern of development that protects the most effective
recharge areas, karst features, and sensitive natural habitats.
The Wekiva Parkway and Protection Act (Part III of Chapter 369, Florida Statutes) was signed into law on June
29, 2004, authorizing building of the We kiva Parkway and providing protection to the Wekiva River system.
This act defined two areas of concern for the Wekiva River and its associated springs.
The City of Ocoee is located within the WSA as defined in ss. 369.316, Florida Statutes (F.S.), but not within
the Wekiva River Protection Area. A portion of the City south of State Road 50/Colonial Drive and east of
County 439/Maguire Road is not located within the WSA, and as such, will not be subject to the amendments
required by the Wekiva Parkway and Protection Act. Additionally, the extension of State Road 429/Western
Beltway from Apopka to Interstate 4, near Sanford, known as the "Wekiva Parkway" is not within the City limits.
Therefore, the City is not subject to the interchange planning requirements contained in ss. 369.317, F.S.
The Department of Community Affairs (DCA) has authorized a guide known as the "Guidelines for Preparing
Comprehensive Plan Amendments for the Wekiva Study Area pursuant to the Wekiva Parkway and Protection
Act" (DCA Guidelines). The City has used the DCA Guidelines, Chapter 369, F.S., and other source materials
to prepare the "Data and Analysis" and the proposed changes to the "Goals, Objectives and Policies" to the
City of Ocoee Comprehensive Plan.
Issue:
Should the Honorable Mayor and City Commissioners approve Ordinance 2009-033, Adopting a Remedial
Plan Amendment to the Ocoee Comprehensive Plan Pursuant to a Stipulated Settlement Agreement
With the Department of Community Affairs in Order to Comply With the Wekiva Parkway and
Protection Act?
Discussion:
Over the past two years, staff has evaluated the NOI Report and negotiated with DCA, which have resulted in
proposed language which staff feels will satisfy DCA's concerns. The attached Exhibit liB" to the Settlement
Agreement contains these changes. Some of the major changes to the amendments are as follows:
1. For development or redevelopment of property located outside the Ocoee Community Redevelopment
Area (CRA) but within the Wekiva Study Area (WSA) Boundary, and with the exception of a single-
family home on an existing lot, those portions of properties that contain at least one of the three
following resources (1) most effective recharge areas, (2) karst features, or (3) sensitive natural
habitats including Long Leaf Pine, Sand Hill , Xeric Oak Scrub, or Sand Pine Scrub vegetative
communities, will be subject to a minimum thirty-five percent (35%) Wekiva Open Space requirement.
2. The City is proposing that redevelopment within the City's CRA, the City is committed to no net
reduction of the percentage of open space that is currently over 20 percent.
3. 'Open Space' has been redefined to be consistent with the provisions of the Wekiva Parkway and
Protection Act (WPPA). The definition now includes any portion of a parcel or area of land that remains
undeveloped, or minimally developed, such as trails and boardwalks as part of a natural resource
preserve or recreation area, stormwater retention areas that follow Best Management Practices
(BMPs), upland buffer retention swales, naturally vegetated areas, and tracts for pedestrian
connections. Open Space excludes water bodies, lots, street rights-of-way, parking lots, impervious
surfaces and active recreation areas including golf course.
4. Special design and Best Management Practices have been included in the amendment in order to
minimize the contribution of nitrates to groundwater and to foster long-term stewardship of the springs
for all development within the Wekiva Study Area.
5. Priorities have been identified of areas where natural resources should be protected, such as most
effective recharge areas, karst features and sensitive natural habitats.
For informational purposes, staff has attached a copy of the Statement of Intent to Find the Comprehensive
Plan Amendment Not in Compliance Report to this agenda item.
Recommendations
Staff recommends that the Honorable Mayor and City Commissioners approve Ordinance 2009-033, adopting
a Remedial Plan Amendment to the Ocoee Comprehensive Plan Pursuant to a Stipulated Settlement
Agreement With the Department of Community Affairs in Order to Comply With the Wekiva Parkway
and Protection Act.
Attachments:
State of Florida Division of Administrative Hearings "Status Report"
Stipulated Settlement Agreement Approved by City Commission on October 20, 2009
Ordinance 2009-033
Exhibit A - Additions to the Comprehensive Plan
Department of Community Affairs Notice of Intent
Copy of Legal Advertisement
Financial Impact:
2
No Impact
Type of Item: (please mark with an "x')
X Public Hearing
_ Ordinance First Reading
X Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's OeD! Use:
_____ Consent Agenda
Public Hearing
_____ Regular Agenda
_ Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by 0
N/A
N/A
N/A
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEP ARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
v.
Case No, 07-1501GM
CITY OF OCOEE,
Respondent.
/
STATUS REPORT
Petitioner, Department of Community Affairs (Department), by and through the
undersigned counsel, hereby files this Status Report pursuant to the October 26,2009 Order
Continuing Case in Abeyance and states:
I. The parties executed a Stipulated Settlement Agreement (Agreement), a copy of
which was provided to the Division of Administrative Hearings on November 3, 2009.
2, Under the terms of the Agreement, the City ofOcoee (City) has 60 days after the
execution of the Agreement in which to adopt the remedial amendments attached to the
Agreement as Exhibit E, The Agreement was fully executed on October 27,2009 making the
adopted remedial amendments due by December 28,2009,
3, The City has 10 working days to transmit the adopted remedial amendments to
the Department, pursuant to Section 163. 3184(16)( d), Florida Statutes,
4. The Department has 30 days from the date it receives the adopted remedial
amendments in which to issue a cumulative Notice ofIntent finding the case in compliance or
not in compliance, pursuant to Section I 63.3 I 84(8)(b ), Florida Statutes.
5. Given the status ofthe case, the Department respectfully requests that the case be
held in abeyance for an additional 80 days,
WHEREFORE, the Department of Community Affairs respectfully requests that this
Status Report be accepted; that this proceeding remain in abeyance for 80 days; and that such
other relief consistent with this Status Report be granted as is just and fair,
Respectfully Submitted
--._}y\,~ I< S~
Marlene K. Stern, Assistant General Counsel
Florida Bar No, 0183570
DEPARTMENT OF COMMUNITY AFFAIRS
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
850-922-1720 Fax 850-922-2679
marlene,stern@dca.state,tl,us
2
STATE OF FLORIDA
DMSION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner, C!:!J
v.
Case No. 07-1501GM
CITY OF OCOEE
Respondent.
/
STIPULATED SE'ITLEMENT AGREEMENT
THIS STIPULATED SETfLEMENT AGREEMENT is entered into by and between the
State of Florida, Department of Community Affairs and the City of Ocoee as a complete and
fmal settlement of all claims raised in the above-styled proceeding.
RECITALS
WHEREAS, the State of Florida, Department of Community Affairs (DCA or
Department), is the state land planning agency and has the authority to administer and enforce
the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter
163, Part n, Florida Statutes; and
WHEREAS, the City ofOcoee (Local Government) is a local government with the duty
to adopt comprehensive plan amendments that are "in compliance;" and
WHEREAS, the Local Government adopted Comprehensive Plan Amendment 07-WSAl
(plan Amendment) by Ordinance No. 2007-002 on January 16,2007; and
WHEREAS, the Plan Amendment proposes to implement parts of the Wekiva Parkway
and Protection Act, Chapter 369, Part III, Florida Statutes (Act); and
WHEREAS, the Department issued its Statement and Notice oflntent regarding the
Amendment on March 9,2007; and
WHEREAS, as set forth in the Statement ofIntent, the Department contends that the
Amendment is not "in compliance" because it fails to address the requirements of the Act
regarding the master stormwater management plan, the water supply facility plan, and land use
strategies to optimize open space and promote a pattern of development that protects the most
effective recharge areas, karst features, and sensitive natural habitats; and
WHEREAS, pursuant to Section 163.3184(10), Florida Statutes, DCA has initiated the
above-styled formal administrative proceeding~hallenging the Amendment; and
WHEREAS, the Local Government disputes the allegations of the Statement of Intent
regarding the Amendment; and
WHEREAS, the parties wish to avoid the expense, delay, and uncertainty of lengthy
litigation and to resolve this proceeding under the tenns set forth herein, and agree it is in their
respective mutual best interests to do so;
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereinbelow set forth, and in consideration of the benefits to accrue to each of the parties, the
receipt and sufficiency of which are hereby acknowledged, the parties hereby represent and agree
as follows:
GENERAL PROVISIONS
I. Defmitions. As used in this agreement, the following words and phrases shall
have the following meanings:
a, 821: The Local Government Comprehensive Planning and Land
Development Regulation Act, as codified in Part II, Chapter 163, Florida Statutes,
b. A2Teement: This stipulated settlement agreement.
c. Comprehensive Plan Amendment or Plan Amendment: Comprehensive
plan amendment 07-WSAI, adopted by the Local Government on January 16, 2007, as
Ordinance No, 2007-002.
d. DOAH: The Florida Division of Administrative Hearings.
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e. In comoliance or into compliance: The meaning set forth in Section
163.3184(1)(b), Florida Statutes.
f. Notice: The notice of intent issued by the Department to which was
attached its statement of intent to fmd the plan amendment not in compliance.
g. Petition: The petition for administrative hearing and relief filed by the
Department in this case.
h. Remedial Action: A remedial plan amendment, submission of support
document or other action described in the statement of intent or this agreement as an
action which must be completed to bring the plan amendment into compliance.
1. Remedial Plan Amendment: An amendment to the plan or support
document, the need for which is identified in this agreement, including its exhibits, and
which the Local Government must adopt to complete all remedial actions. Remedial plan
amendments adopted pursuant to this Agreement must, in the opinion of the Department,
be consistent with and substantially similar in concept and content to the ones identified
in this Agreement or be otherwise acceptable to the Department.
j. Statement of Intent: The statement of intent to find the Plan Amendment
not in compliance issued by the Department in this case.
k. Supoort Document: The studies, inventory maps, surveys, data,
inventories, listings or analyses used to develop and support the Plan Amendment or
Remedial Plan Amendment.
2. Department Powers. The Department is the state land planning agency and has
the power and duty to administer and enforce the Act and to determine whether the Plan
Amendment is in compliance.
3. NelZotiation of AlZl'eement. The Department issued its Notice and Statement of
Intent to fmd the Plan Amendment not in compliance, and filed the Petition in this case to that
effect. Subsequent to the filing of the Petition the parties conferred and agreed to resolve the
3
issues in the Petition, Notice and Statement of Intent through this Agreement. It is the intent of
this Agreement to resolve fully all issues between the parties in this proceeding.
4. Dismissal. If the Local Government completes the Remedial Actions required by
this Agreement, the Department will issue a cumulative Notice of Intent addressing both the
Remedial Plan Amendment and the initial Plan Amendment subject to these proceedings, The
Department will file the cumulative Notice of Intent with the DOAH. The Department will also
file a request to relinquish jurisdiction to the Department for dismissal of this proceeding or for
realignment of the parties, as appropriate under Section 163.3184(16)(f), Florida Statutes,
5. Description of Provisions not in Compliance and Remedial Actions: Legal Effect
of AlZl'eement. Exhibit A to this Agreement is a copy of the Statement oflntent, which identifies
the provisions not in compliance. Exhibit B contains Remedial Actions needed for compliance.
Exhibits A and B are incorporated in this Agreement by this reference. This Agreement
constitutes a stipulation that if the Remedial Actions are accomplished, the Plan Amendment will
be in compliance.
6 Remedial Actions to be Considered for Adoption. The Local Government agrees
to consider for adoption by formal action of its governing body all Remedial Actions described
in Exhibit B no later than the time period provided for in this Agreement.
7 Adoption or Aporoval of Remedial Plan Amendments. Within 60 days after
execution of this Agreement by the parties, the Local Government shall consider for adoption all
Remedial Actions or Plan Amendments and amendments to the Support Documents, This may
be done at a single adoption hearing. Within 10 working days after adoption of the Remedial
Plan Amendment, the Local Government shall transmit 3 copies of the amendment to the
Department as provided in Rule 9J-11.0 131 (3), Florida Administrative Code. The Local
Government also shall submit one copy to the regional planning agency and to any other unit of
local or state government that has filed a written request with the governing body for a copy of
the Remedial Plan Amendment and a copy to any party granted intervenor status in this
proceeding. The Remedial Plan Amendment shall be transmitted to the Department along with a
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letter which describes the remedial action adopted for each part of the plan amended, including
references to specific portions and pages.
8, Acknowledgment. All parties to this Agreement acknowledge that the "based
upon" provisions in Section 163.3184(8), Florida Statutes, do not apply to the Remedial Plan
Amendment.
9. Review of Remedial Plan Amendments and Notice oflntent. Within 30 days
after receipt of the adopted Remedial Plan Amendments and Support Documents, the
Department shall issue a Notice of Intent pursuant to Section 163.3184, Florida Statutes, for the
adopted amendments in accordance with this Agreement.
a. In Comoliance: If the adopted Remedial Actions satisfy this Agreement,
the Department shall issue a cumulative Notice oflntent addressing both the Plan Amendment
and the Remedial Plan Amendment as being in compliance, The Department shall file this
cumulative notice with DOAR and shall move to realign the parties or to have this proceeding
dismissed, as may be appropriate.
b. Not in Compliance: If the Remedial Actions do not satisfy this
Agreement, the Department shall issue a Notice of Intent to fmd the Plan Amendment not in
compliance and shall forward the notice to DOAR for consolidation with the pending
proceeding,
10. Effect of Amendment. Adoption of any Remedial Plan Amendment shall not be
counted toward the frequency restrictions imposed upon plan amendments pursuant to Section
163.3187(1), Florida Statutes.
11. Purpose of this Agreement: Not Establishing: Precedent. The parties enter into
this Agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and
unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of
disputes arising out of or related to the Plan Amendment. The acceptance of proposals for
purposes of this Agreement is part ofa negotiated agreement affecting many factual and legal
5
issues and is not an endorsement of, and does not establish precedent for. the use of these
proposals in any other circumstances or by any other local government.
12. Aooroval bv Governing Body. This Agreement has been approved by the Local
Government's governing body at a public hearing advertised at least 10 days prior to the hearing
in a newspaper of general circulation in the manner prescribed for advertisements in Section
163 3184( 15)( e). Florida Statutes, This Agreement has been executed by the appropriate officer
as provided in the Local Government's charter or other regulations.
13. Chane:es in Law. Nothing in this Agreement shall be construed to relieve either
party from adhering to the law, and in the event of a change in any statute or administrative
regulation inconsistent with this agreement, the statute or regulation shall take precedence and
shall be deemed incorporated in this Agreement by reference.
14, Other Persons Unaffected. Nothing in this Agreement shall be deemed to affect
the rights of any person not a party to this Agreement. This Agreement is not intended to benefit
any third party,
15. Attornev Fees and Costs. Each party shall bear its own costs, including attorney
fees, incurred in connection with the above-captioned case and this Agreement.
16. Effective Date. This Agreement shall become effective immediately upon
execution by the Department and the Local Government.
17. Filing and Continuance. This Agreement shall be filed with DOAH by the
Department after execution by the parties, Upon the filing of this Agreement, the administrative
proceeding in this matter shall be stayed by the Administrative Law Judge in accordance with
Section 163.3184(16)(b), Florida Statutes.
18. Retention of Right to Final Hearine:. Both parties hereby retain the right to have a
final hearing in this proceeding in the event of a breach of this Agreement, and nothing in this
Agreement shall be deemed a waiver of such right. Any party to this Agreement may move to
have this matter set for hearing if it becomes apparent that any other party whose action is
required by this Agreement is not proceeding in good faith to take that action.
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~
19. Construction of Alrreement. All parties to this Agreement are deemed to have
participated in its drafting. In the event of any ambiguity in the terms of this Agreement, the
parties agree that such ambiguity shall be construed without regard to which of the parties
drafted the provision in question.
20. Entire Agreement. This is the entire agreement between the parties and no verbal
or written assurance or promise is effective or binding unless included in this document,
21. Governmental Discretion Unaffected. This Agreement is not intended to bind the
Local Government in the exercise of governmental discretion which is exercisable in accordance
with law only upon the giving of appropriate public notice and required public hearings.
22. Muhiple OrilZinals. This Agreement may be executed in any number of originals,
all of which evidence one agreement, and only one of which need be produced for any purpose,
23, Caotions. The captions inserted in this Agreement are for the purpose of
convenience only and shall not be utilized to construe or interpret any provision of this
Agreement.
In witness whereof, the parties hereto have caused this Agreement to be executed by their
undersigned officials as duly authorized.
DEPARTMENT OF COMMUNITY AFFAIRS
By:
Approved as to form and legality:
Charles Gauthier, Director
Division of Community Planning
Assistant General Counsel
Date
Date
7
Local Government
CITY OF OCOEE, FLORIDA
Date:
ATTEST:
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS W fORM AND
Jt~qAI-ITY this ~ day of
~~ ,2009.
FOLE[! LA~NER LLP
By if!Mil1.~
City Attorney
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON October 20, 2009 0
UNDER AGENDA ITEM NO. ---L-
8
ORDINANCE NO. 2009-033
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ADOPTING A
REMEDIAL PLAN AMENDMENT TO THE OCOEE COMPREHENSIVE
PLAN AS ADOPTED IN 1991, AS AMENDED, PURSUANT TO A
STIPULA TED SETTLEMENT AGREEMENT WITH THE
DEPARTMENT OF COMMUNITY AFFAIRS IN ORDER TO COMPLY
WITH THE WEKIVA PARKWAY AND PROTECTION ACT;
AMENDING ORDINANCE NO. 2007-002 IN ORDER TO REMEDY
INCONSISTENCIES FOUND BY THE DEPARTMENT OF COMMUNITY
AFFAIRS IN ITS STATEMENT OF INTENT TO FIND
COMPREHENSIVE PLAN AMENDMENT NOT IN COMPLIANCE AND
THEREBY BRING ORDINANCE NO. 2007-02 INTO COMPLIANCE;
AMENDING THE OCOEE COMPREHENSIVE PLAN AND ORDINANCE
NO. 2007-02 BY AMENDING PORTIONS OF THE FOLLOWING
SECTIONS: FUTURE LAND USE ELEMENT; DRAINAGE SUB-
ELEMENT; POT ABLE WATER SUB-ELEMENT; SANITARY SEWER
SUB-ELEMENT; NATURAL GROUNDWATER AQUIFER RECHARGE
SUB-ELEMENT; CAPITAL IMPROVEMENTS ELEMENT;
IDENTIFYING OPEN SP ACE CONSERVATION AND NATURAL AREAS
WITHIN THE CITY'S COMMUNITY REDEVELOPMENT AREA;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 18, 1991, the City Commission of the City of Ocoee
(the "Ocoee City Commission") adopted the City of Ocoee Comprehensive Plan pursuant to
Chapter 163, Florida Statutes, as set forth in Ordinance No. 91-28, which has been amended from
time to time (the "Ocoee Comprehensive Plan"); and
WHEREAS, the Wekiva Parkway and Protection Act, Part III of Chapter 369,
Florida Statutes (the "Wekiva Act"), was enacted on June 29, 2004 and authorizes the building of
Wekiva Parkway and provides protection to the Wekiva River System; and
WHEREAS, Section 369,321, Florida Statutes, requires those local governments
located in the Wekiva Study Area ("WSA") to adopt certain amendments to their comprehensive
plans to establish land use strategies that optimize open space and promote a pattern of
development that protects certain resources; and
WHEREAS, the Ocoee City Commission adopted Comprehensive Plan
Amendment 07- WSA I (the "Plan Amendment") by Ordinance No. 2007-002 on January 16, 2007
("Ordinance No. 2007-002"); and
WHEREAS, the Plan Amendment proposes to implement parts of the Wekiva
Act; and
I-I
ORLA_1466171.1
1
WHEREAS, the Florida Department of Community Affairs (the "Department")
issued its Statement and Notice of Intent regarding the Plan Amendment on March 9, 2007 (the
"Statement of Intent"); and
WHEREAS, as set forth in the Statement of Intent, the Department contended
that the Plan Amendment is not "in compliance" because it fails to address the requirements of the
Wekiva Act regarding the master storm water management plan, the water supply facility plan, and
land use strategies to optimize open space and promote a pattern of development that protects the
most effective recharge areas, karst features, and sensitive natural habitats; and
WHEREAS, pursuant to Section 163.3 184( I 0), Florida Statutes, the Department
initiated a formal administrative proceeding challenging the Plan Amendment; and
WHEREAS, pursuant to Section 163,3184( 16), Florida Statutes, the City of
Ocoee (the "City") and the Department entered into a Stipulated Settlement Agreement, dated
October 27, 2009 (the "Stipulated Settlement Agreement") in order to resolve the objections to
the Plan Amendment raised by the Department in the Statement ofIntent; and
WHEREAS, the Stipulated Settlement Agreement was adopted by the Ocoee City
Commission at an advertised public hearing held on October 20, 2009; and
WHEREAS, the Stipulated Settlement Agreement identified certain Remedial
Actions needed for the Plan Amendment to be found in compliance; and
WHEREAS, the Ocoee City Commission agreed in the Stipulated Settlement
Agreement to adopt this Ordinance, which adoption may be done at a single public hearing; and
WHEREAS, this Ordinance is intended to be the "Remedial Plan Amendment"
identified in the Stipulated Settlement Agreement and is intended to bring Ordinance No. 2007-
002 into compliance,
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. Authoritv. The Ocoee City Commission has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163,
166 and 369, Florida Statutes,
Section 2. Amendment to Ordinance No. 2007-002. City of Ocoee Ordinance No.
2007-002 is hereby amended as set forth in Exhibit "A" attached hereto and by this reference
made a part hereof. Words in Exhibit "A" hereto which are stri8lc8R are deletions and words in
Exhibit "A" hereto which are underlined are additions. Except as set forth in Exhibit "A" hereto,
Ordinance No, 2007-002 remains unchanged.
Section 3. Citv Commission's Desi!!nee. The Ocoee City Commission hereby
designates the Community Development Director as the designee of the City Commission to
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ORLA_1466171.1
transmit this Ordinance and any other required documentation to the Department and to advise
the Department regarding the date on which the City held the required public hearing.
Section 4. Transmittal to the Department and Reeional Plannine Aeencv. The
Ocoee City Commission hereby directs that, within ten (10) days of the effective date hereof,
three (3) copies of this adopted Ordinance be submitted to the Department as provided in Rule
9J-11.0 131 (3), Florida Administrative Code, and one (I) copy of this adopted Ordinance be
submitted to the East Central Florida Regional Planning Council and to any other unit of local or
state government that has filed a written request with the City Commission for a copy of this
Ordinance.
Section 5. Conflicts. All ordinances or parts of ordinances in conflict herewith are
hereby repealed,
Section 6. Severabilitv. 1fany 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 7. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption,
PASSED AND ADOPTED this 15th day of December 2009,
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY THIS 15th DAY OF
DECEMBER 2009.
ADVERTISED , 2009.
READ AND ADOPTED ON DECEMBER
15, 2009 UNDER AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
1-3
ORLA_1466171.1
EXHIBIT "A"
(Amendments to Goals. Obiectives and Policies of the Future Land Use Element)
XII. GOALS, OBJECTIVES, AND POLICIES
GOAL
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
(9J-5.006 (3)(a), FAC).
Obiective 1
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 topography,
vegetation, and soil conditions (9J-5.006 (3)(b) (1), FAC). Additionally, the City
recognizes the Wekiva Study Area and shall create policies to protect the most
effective recharge areas, karst features, and sensitive natural habitats as
depicted on the following maps as adopted in the Future Land Use Map Series:
"Most Effective Recharge Areas/Soil Conservation Service Type "A" Soils, "Karst
Features/Closed topographic depressions", and "Sensitive Natural Habitats".
Within the Wekiva Study Area, properties with development entitlements=shall be
exempt. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321 (3), F.S.]
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 Land Development
Code, to reduce, eliminate and/or prevent negative impacts related to
noise, traffic, light, drainage, water and groundwater quality, toxic and
hazardous materials, litter, dust, visibility, and other factors. This shall be
Page 1 of 64
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 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. [Wekiva Parkway and Protection Act (WPPA): Ch.
369,321 (3), F.S.]
Policy 1.2.1
For areas within the Wekiva Study Area, the City shall require applicants
for all land development activities to provide the following additional
analyses by a qualified professional:
a.) An analysis of soils to determine the presence and location of most
effective recharge area as defined by the U,S. Soil Conservation Service
Type "A" Hydrologic Soils Group.
b.) An analysis to determine the presence and location of karst features.
This analysis may include, but not limited to the use of geophysical
surveys such as microgravity and ground penetrating radar, and may be
supplemented with documented locations of sinkholes, light detection and
ranging surveys and aerial photographs.
c.) An analysis to determine the presence and location of sensitive natural
habitats including Longleaf Pine, Sand Hill, Sand Pine, and Xeric Oak
Scrub. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321 (3),
F.S.]
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 (9J-5.006 (3)(c)(4), FAC).
Policy 1.3.1
For areas within the Wekiva Study Area, the City shall limit new land
development activities that have the potential to adversely impact
groundwater and surface water quality including but not limited to mining,
Page 2 of 64
land fills, sprayfields, heavy industrial, intense animal operations, and high
density residential using on-site septic systems for wastewater treatment.
[Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.]
Policy 1.3,2
For those areas within the Wekiva Study Area where limitation of
development is not feasible, the City shall mitigate impacts by using Best
Management Practices and development standards such as buffering,
setbacks and open space standards that optimize open space and protect
most effective recharge areas, karst features and sensitive natural
habitats. Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3),
F.S.]
Policy 1.4
The City shall allow mixed and multi-uses in the Special Overlay Areas
(SOAs) which include the Downtown Redevelopment Area, 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 (9J-5.006 (3)(c)(5), FAC).
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 within Planned Unit Developments. This shall be
accomplished through the land development regulations (9J-5.006
(3)(c)(5), FAC).
Policy 1.7
The land development regulations shall promote innovative development
in those cases where a public benefit can be realized and impact can be
offset by the development, as follows:
. Utilize Planned Unit Development zoning to allow for mixed uses
and unconventional development designs in those cases where the
developer can demonstrate increased effectiveness of service
delivery, improved living environments, or protection of natural
resources such as the Floodplain/Conservation land use
Page 3 of 64
classification and the most effective aquifer recharge areas, karst
features, and sensitive natural habitats as depicted in the Future
Land Use Map series. [Wekiva Parkway and Protection Act
(WPPA): Ch. 369.321 (3), F.S.]; and
· Provide development standards that create useable open spaces in
new developments (9J-5,006 (3) (c) (5), FAC). [Wekiva Parkway
and Protection Act (WPPA): Ch. 369.321 (3), F.S.]
Policy 1.8
The City shall periodically review and update the City's Land Development
Code, These regulations shall reflect the goals, objectives, and policies
contained in this Comprehensive Plan and shall be consistent with the
Future Land Use Map. By JQrlUQry 2007 December 2010, the Land
Development Code will implement the requirements of the Wekiva
Parkway and Protection Act. [Wekiva Parkway and Protection Act
(WPPA): Ch. 369,321 (3), F,S.]
Policy 1.9
The City shall only establish new industrial development zoning along
major corridors and shall review existing zoning along major corridors in
order to minimize the impacts of the industrial zoning. Heavy industrial
uses which are generally not aesthetically desirable shall be 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 Land Development Code,
Policy 1,10
The following density and intensity restrictions shall apply within the land
use categories established on the Future Land Use Map.
. Low Density Residential (less than 4 dwelling units per acre)
. Medium Density Residential (4 to less than 8 dwelling units per
acre)
. High Density Residential (8 to 16 dwelling units per acre)
. Commercial- FAR 3.0 max.
. Professional Offices and Services - FAR 3,0 max.
. Light Industrial- FAR 3.0 max.
Page 4 of 64
.~
· Heavy Industrial- FAR 3.0 max,
. Public Facilities/lnstitutional- FAR 1.0 max.
· Conservation/Floodplains - FAR 0,1 max.
. Recreation and Open Space - FAR 0.5 max. (9J-5,006 (3)(c)(7),
FAC)
Policy 1.12
Assisted living facilities may be permitted in commercial areas,
professional offices and services areas, and residential areas by special
exception unless prohibited by the Land Development Code. Density may
be permitted based upon the anticipated reduced traffic impact and
parking requirements where compatibility with surrounding residential is
ensured.
Policy 1.13
The City of Ocoee will not annex properties located within the Gotha and
Clarcona Rural Settlements in accordance with the terms of Section 5 of
the JPA Agreement (Intergovernmental Coordination Element).
Policy 1,14
Pursuant to Section 8 of the JPA Agreement, the Ocoee Future Land Use
designations shown on the Future Land Use Map (Figure 2) will not
become effective until such time as annexation occurs. Upon annexation,
no Future Land Use Map Amendment will be required since the proposed
uses of land are consistent with those shown on the JPA Land Use Map
(Intergovernmental Coordination Element), However, Ocoee will initiate a
Comprehensive Plan Amendment to reflect the annexation at the next
cycle.
Policy 1.15
The City may assign an initial zoning, after annexation, which is consistent
with both the Future Land Use Map and the JPA Agreement and exercise
Planning authority pursuant thereto.
Policy 1.16
Future growth and development patterns in the City and, upon annexation
thereof, the JPA lands will be guided by the JPA Agreement and JPA
Land Use Map.
Page 5 of 64
Obiective 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 Sub-elements, and
shall be provided in a manner to discourage urban sprawl (9J-5.006
(3)(b)(8)&(9), FAC).
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, but not limited to the financially feasible schedule of needed
improvements for the master stormwater management plan and the
wastewater facility plan as required by Chapter 369.319 and 369.320,
F.S" respectively. The CIP will include 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. [Wekiva Parkway and Protection Act (WPPA):
Ch. 369.321 (3), F.S.]
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
(9J-5.006 (3)(c)(3), FAC).
Policy 2.4
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.
Page 6 of 64
Policy 2.5
The City shall consider requests for voluntary annexation into the City
when those lands are logical extensions of the existing City limits, when
services can be properly provided, and when proposed uses are
compatible with the City's Comprehensive Plan, the jPA Agreement, and
the City's Annexation Policy. For the purpose of this Policy, an annexation
shall be considered as a logical extension if it is within the limits of the jPA
and meets the technical criteria of Chapter 171, Florida Statutes. The
boundaries of the jPA are illustrated on the Future Land Use Map.
Services will be considered as being properly provided if the existing or
planned public facilities can support the land uses and densities proposed
in the area to be annexed consistent with the level of service standards
set forth in this plan (9J-5.006 (3)(c)(3), FAC).
Policy 2.6
In order to utilize existing facilities efficiently, the City shall encourage infill
within developed areas. 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.
Policy 2,7
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.
Policy 2.8
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.
. Development orders shall not be approved if mandated services
are degraded below accepted LOS standards.
. 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
Page 7 of 64
protection; potable water, sanitary sewer or septic tanks if the soils
are acceptable.
. Through appropriate land development regulations and provision of
effective urban services, the City shall promote infill development
within the municipal boundaries.
. The City shall assure that adequate facilities and services are
available to support the new development as specified in the
Concurrency Management System.
. The land development regulations shall to reflect the policy of
controlling control urban sprawl.
Policy 2.10
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.
Policy 2,11
All proposed shopping centers of more than 100,000 square feet of floor
area may be required to submit a market analysis during the City's
development review process when it the opinion of City Staff that the
existing shopping centers of that size in the City exhibit vacancy rates in
excess of 20 percent, or as otherwise required by City Staff.
Policy 2,12
The City shall continue to encourage the consolidation of lots or small,
shallow parcels in order to encourage development into planned
concentrations, as opposed to a linear, strip commercial configuration.
Obiective 3
The City shall adopt and implement plans and programs for Interchange
Impact Areas, the Downtown Redevelopment Area, and Activity Centers
as determined by the City Commission to meet the criteria established by
Chapter 163, Florida Statutes to encourage Planned Unit Developments
and mixed and multi-use developments (9J-5.006 (3)(b)(2) and (10),
FAC).
Page 8 of 64
Policy 3.1
The City may require special development plans for Interchange Impact
Areas, the Downtown Redevelopment Area and Activity Centers when
such plans are needed to effectively coordinate development among
multiple projects.
Policy 3.2
The City shall implement land development regulations that put in place
mechanisms that will allow for mixed and multi-uses in development plans.
Policy 3.3
The City shall provide public services and facilities to all neighborhoods in
an effective manner.
Policy 3.4
The City shall develop mixed use zoning provISions within the Land
Development Code which shall provide for the implementation of new
"mixed/multi uses within a variety of higher intensity land use categories
where the overall impacts of development are determined to be no greater
than those that would otherwise result from that permitted by underlying
land uses. This ordinance shall provide for such items as internal
circulation, compatibility of adjacent uses, functional relationship between
mixed uses, provisions of open space and public amenities, and
consistency with all requirements of the City's Comprehensive Plan (9J-
5.006 (3)(c)(5), FAC.
Obiective 4
The City shall encourage the redevelopment and renewal of blighted areas by
offering incentives to developers (9J-5.006 (3)(b)(2), FAC.
Policy 4.1
The City shall support the redevelopment of the downtown area by
providing preferential incentives, conducting special studies, and
encouraging the centralization of commercial, governmental, retail,
residential, and cultural activities.
Page 9 of 64
Policy 4.2
Proposed commercial and industrial development requiring a change to
the Future Land Use Map may be required to submit a market study
indicating the economic feasibility of the development and the location
advantage over existing commercial and industrial lands.
Policy 4.3
For redevelooment within the Citv's CRA. the Citv is committed to no net
reduction of the oercentaae of ooen soace that is currentlv over 20 %.(
See Fiaure 3A). Within the Citv's CRA. all other Wekiva Studv Area aoal.
obiective and oolicv reauirements shall aoolv.
Obiective 5
The City shall enforce the Land Development Code to protect and properly utilize
natural and historic resources in accordance with the Conservation Element and
the following policies.
Policy 5.1
The City shall protect areas of environmental concern including but not
limited to the Floodplain/Conservation land use classification, and the
most effective aquifer recharge areas, karst features, and sensitive natural
habitats as depicted on the Future Land Use Map series, and areas of
scenic and historic 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 (9J-5.006 (3)(b)(4), FAC). [Wekiva Parkway and Protection Act
(WPPA): Ch. 369.321 (3), F.S,]
Policy 5.2
The City shall use development regulations to protect air and water
quality, flood-prone areas, open space, karst features, natural wetland,
sensitive natural habitats, wellhead protections areas and the most
effective recharge areas for the Floridian and surficial aquifers. This shall
be accomplished by such regulations as are described in Policy 5.3. 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 authorities. [Wekiva Parkway
and Protection Act (WPPA): Ch. 369.321 (3), F.S.]
Page 10 of64
Policy 5.3
The City shall enforce its Land Development Code to protect surface
water quality including, but not limited to: restrictions in building setbacks,
maximum impervious surface ratios, land use restrictions to ensure
compatibility, development limitations in floodplains, and upland and
wetland protection. Land development regulations shall include restrictions
on development within areas designated as Conservation/Floodplains on
the Future Land Use Map. 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 karst features, wetlands or 1 DD-year floodplain areas (9J-5.DD6
(3)(c)(1), FAC). [Wekiva Parkway and Protection Act (WPPA): Ch.
369.321 (3), F.S.]
Policy 5.4
The City shall promote the use of upland and wetland corridors and buffer
zones as natural reservations, as identified in the Recreation and Open
Space Element. [Wekiva Parkway and Protection Act (WPPA): Ch.
369.321 (3), F.S.]
Policy 5.5
The City shall, in coordination with developers, evaluate soil potential
including but not limited to most effective aquifer recharge areas and karst
features. This examination and testing will be done on a site-by-site basis.
Specific characteristics and criteria under examination shall be as
identified in the Land Development Code. [Wekiva Parkway and
Protection Act (WPPA): Ch. 369.321 (3), F.S.]
Policy 5.6
The City shall require developers to delineate conservation and floodplain
lands, most effective aquifer recharge areas, karst features, and sensitive
natural habitats on a site-by-site basis as their development proposals are
submitted. The criteria used for the delineation shall provide that
development will be guided in a manner that optimizes open space and
promotes a pattern of development that protects the recharge capabilities
of the land, recognizes property rights and the differing circumstances and
varying land use patterns within the Wekiva Study Area. The specific
development criteria shall be addressed in the Land Development Code.
[Wekiva Parkway and Protection Act (WPPA): Ch. 369.321 (3), F.S.]
Page 11 of64
Policy 5.7
The City shall enforce the Land Development Code to require
development proposals to 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 Code and the
Conservation Element of this Comprehensive Plan.
Policy 5.8
Proposed activities which would destroy or degrade the functions of
wetlands or other environmentally sensitive natural habitats or karst
features as defined by the Land Development Code or depicted in the
Future Land Use Map Series shall only be permitted in limited instances
where development would be severely restricted. If there is no practical
alternative, mitigation measures shall be undertaken, consistent with the
Land Development Code.
Policy 5.9
The City shall continuously plan for and only approve development that is
consistent with natural drainage and water storage plans. This shall
include special provisions in the Land Development Code pertaining to
land-locked drainage basins where projects may be permitted on a case-
by-case basis when unique site characteristics demand a more
comprehensive stormwater management approach (9J-5.006(3)(c)(4),
FAC).
Policy 5.10
The City shall continue to update the Existing and Future Land Use Maps
to reflect the addition of new City wells. A protection zone of 1000 feet is
depicted in the wellhead protection areas (9J-5.006 (3)(c)(6), FAC).
Policy 5.11
The City shall ensure the protection of groundwater sources by restricting
Commercial and Industrial future land uses known to adversely affect the
quality and quantity of identified water sources within wellhead protection
areas, existing cones of influence, areas with karst features and most
effective aquifer recharge areas. In addition, other land use activities such
as hazardous waster facilities, fuel storage facilities, and groundwater
injection wells known to adversely affect the quality and quantity of
groundwater sources will be prohibited within wellhead protection areas,
existing cones of influence, areas with karst features and most effective
aquifer recharge areas (9J-5.006 (3)(c)(6) and 9-J-5.013 (2)(c)(1), FAC).
[Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.]
Page 12 of 64
Policy 5.12
The City's wetlands shall be conserved and protected from physical and
hydrologic alterations by regulating development activities to protect
natural water-cleansing features and reduce or prevent discharges of
contaminants from urban and agricultural land uses through the Land
Development Code. The Land Development Code shall include
provisions such as (but not limited to) the use of such natural features in
the treatment of stormwater runoff, limitations on destruction of native
vegetation and/or land clearing within such natural features, and
maintenance of upland buffers and/or environmental swales within a
minimum width of twenty-five (25) feet surrounding such natural features.
For the purposes of this policy, natural features shall include Florida
Department of Environmental Protection jurisdictional wetlands (9J-
5.013(2)(c)(3), FAC).
Policy 5.13
The City shall protect and conserve the natural functions of wetlands by
directing land uses incompatible with the protection and conservation of
wetlands and wetland functions away from identified wetlands. The type,
value, function, size, conditions and locations of wetlands will be factors
used to consider land use changes where incompatible uses are allowed
to occur, mitigation shall be considered and will be based on the
regulations set forth in the Land Development Code (9J-5.013(3)(a)&(b),
FAC).
Obiective 6
The City shall maintain an inventory of local historic sites and enforce the Land
Development Code to protect historic resources (9J-5.006 (3)(b)(4), FAC).
Policy 6.1
The City shall identify, preserve, and protect historic resources and
promote quality architecture compatible with those historic resources
when feasible (9J-5.006 (3)(c)(8), FAC).
Policy 6.2
The City shall assist owners list their property on the National Register of
Historic Places and help them solicit preservation grants for that purpose.
Page 13 of64
Policy 6.3
The City shall protect historic structures or known archaeological sites,
which are eligible for listing on the National Register of Historic Places, by
designating their location on the City Zoning Map and erecting
identification signs at each registered site.
Policy 6.4
The City shall protect known or suspected archaeological sites by
restricting excavation and disturbance activities in known sites, and by
evaluating suspected areas before disturbance. Eligible sites shall be
either preserved or excavated and documented prior to destruction.
Obiective 7
The City shall enforce the Land Development Code to preserve existing
and future neighborhoods.
Policy 7.1
The City shall enforce standards in the Land Development Code to
promote compatibility of adjacent land uses by requiring 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 Code, based on the following guidelines:
a) "Minor" buffers between low-rise (two stories or less) office or multi-
family uses and single family areas, consisting of a minimum of fifteen (15)
feet of buffer area supplemented by walls, and/or fences, and
landscaping.
b) "Medium" buffers between retail commercial or high-rise (over two
stories) office and any residential use, consisting of a minimum of twenty-
five (25) feet of buffer area supplemented by walls, and/or fences, and
landscaping.
c) "Major" buffers between any industrial use and any residential use,
consisting of a minimum of fifty (50) feet of buffer area supplemented by
walls, and/or fences, and landscaping (9J-5.006 (3)(c)(2), FAC).
Policy 7.2
The City shall permit only low intensity office and low intensity commercial
development adjacent to residential areas except where well buffered.
Page 14 of64
Policy 7.3
The City may permit non-residential uses within residential areas after
analysis of the proposed use has indicated that such use will not
adversely affect the residential area, will be compatible with the residential
character of the area, and will not be otherwise inconsistent with this
Comprehensive Plan. Such uses may be implemented through the Land
Development Code by a special use permit. 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, and similar uses. Such uses shall be restricted to setback
regulations applicable to the zoning district in which they are located,
Policy 7.4
The City may permit office and professional uses in residential land use
category areas. The intensity of use 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 (9J-
5.006 (3)(c)(2), FAC).
Policy 7.5
To allow for greater open spaces)o preserve the. most effective recharge
areas, karst features and sensitive habitats depicted in the Future Land
Use Map series, density may be computed in 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 maximum density as designated on the
Future Land Use Map. Clustering, pursuant to the foregoing concept, may
be controlled by density caps, PUD zoning or a restrictive covenant
running with the land with power of enforcement in favor of the City.
[Wekiva Parkway and Protection Act (WPPA): Ch, 369.321 (3), F.S.]
Policy 7.5.1
For those parcels inside the Wekiva Study Area (WSA) boundary that use
clustering as a methodology to increase the amount of open space as
required under the WSA guidelines, the parcels are allowed to develop
under the same density/intensity as indicated by the City of Ocoee Future
Page 15 of64
1--
Land Use Map and associated text originally adopted in October 1, 2002,
and amended from time to time. [Wekiva Parkway and Protection Act
(WPPA): Ch. 369.321 (3), F.S.]
Policy 7.6
Land designated for industrial use should be adjacent to railways and/or
major highways. Adequate buffering should be provided from adjacent
residential land uses, and office or commercial uses should be
encouraged between industrial and residential areas (9J-5.006 (3)(c)(2),
FAC).
Policy 7.7
The Land Development Code shall provide for adequate open space
within new developments and redevelopment projects. The minimum
required open space within any project shall be five (5) percent of the total
site.
Policy 7.7.1
LGlrQo seGllo do\'olo~mont or redo\'oIElJ3mont of Qroator thEm ton (10) Gleros
10eGlto€f outsido tho Community Rodovolepmont AroGl (CR,^.) but within tho
'Nol.d\'a Study /\fOGl ('NS!'.) boundGlrJ, will bo subjoet to a miAimum twOAty
J3oreont (20~() @J3on spGleo requiromont. ['.'\'ol"\:iva Purlw:ay and Protoetion
.'\et (V.lPP.^.): Ch. 3@9.321(3), F.S.]
For develooment or redevelooment of orooertv located outside the Ocoee
Community Redevelooment Area (CRA) but within the Wekiva Study Area
(WSA) Boundarv. and with the exceotion of a sinale-familv home on an
existina lot. those oortions of orooerties that contain at least one of the
three followina resources (1) most effective recharae areas. (2) karst
features. or (3) sensitive natural habitats includina Lona Leaf Pine. Sand
Hill. Xeric Oak Scrub. or Sand Pine Scrub veaetative communities. will be
subiect to a minimum thirty-five percent (35%) Wekiva Ooen Soace
reauirement. Wekiva Ooen Soace shall be as defined in Policv 7.7.2.
Policv 7.7.2
Wekiva Ooen Soace: Ooen Soace reauired to be preserved within the
Wekiva Study Area (WSA) boundarv is defined as: anv oortion of a Darcel
or area of land that remains undevelooed. or minimallv develooed. such
as trails and boardwalks as Dart of a natural resource preserve or
recreation area. stormwater retention areas that follow Best Manaaement
Practices <BMPs). uoland buffer retention swales (per oolicv 7.7.3).
naturallv veaetated areas. and tracts for oedestrian connections. Such
desianated ooen soace excludes waterbodies. lots. street riahts of wav.
oarkina lots. imoervious surfaces and active recreation areas includina
Page 160[64
aolf courses. All Wekiva Ooen Soace Areas shall be restricted to orohibit
use of fertilizer and chemical aoolications. but mav oermit mechanical
methods for routine maintenance. Rule 9J-5.003(84). F.A.C. rWekiva
Parkwav and Protection Act (WPPA): Ch. 369.321(3). F.S.l
"Opon SpGlCO" sh6111 1;)0 dofinod in roforon€o te the Cflapter 369, F.S., GlS
'land area thGlt f€lmGlins lIndevolopGd or minimally doveloped Glnd thGlt is
GlIitGlsls for passivo ro€roatian or €ansor/Glticm lIGOS. Opon spaco
mmludos watorbodi€ls, lots, stroet riQhts €If 'NGlY, pml\inQ latG, imporviel;/s
swfG€lEls Gnd Gl€itivo fEl€iroGltian aroGS in€ludinQ Qolf €aurses. Open SpGCO
maGS may incll;/dEl starmwGter mGnGQomont m€las' €lenforminQ te Rule 9J
8.003(84), F.:\.C. [\/Vol'tivG Pml't'.vGY Gnd Proto€ltian .^,€lt ('/\.lPP.'\): Ch.
369.321 (3), F.S.]
Policv 7.7.3
Uoland Buffer Retention Swales: Naturallv veaetated swales that are
placed within the uoland buffers surroundina lakes or wetlands. The
ouroose of these swales is to imorove the water aualitv of the stormwater
runoff and ensure that the swale fills and exfiltrates into the soil so that
there is no sheet flow into the lake or wetland. This method of water
aualitv imorovement shall mimic the absorotion and oollutant removal
abilities of a natural low soot in the toooaraohv and must follow acceoted
Best Manaaement Practices <BMPs). Stormwater runoff from develooed
lands adioinina wetlands. lakes and/or floodolain areas shall be diverted
towards swales. hold the runoff. and then allow it to slowlv release into the
soil column. rwekiva Parkwav and Protection Act (WPPA): Ch.
369.321 (3). F.S.l
Policy 7.7.~ a
For development or redevelopment located outside the CRA, but within
the WSA boundary that have karst features identified: "Karst
Features/Closed Topographic Depressions," and subsequently confirmed
by site specific analysis, will be required to provide buffering setbacks
consistent with the definition of Open Space in the following manner:
Page 17 of64
Feature* Minimum BufferinQ Setback
Sinkholes with a direct connection to the 200 feet, measured from the drainage
aquifer divide
Other sinkholes 100 feet, measured from the drainage divide
Other karst features with a direct
connection to the aquifer (swallet or stream 200 feet, measured from the drainage divide
to sink)
*According to Figure 3 through 6 in the "Guidelines for Preparing
Comprehensive Plan Amendments for the Wekiva Study Area" (DCA,
March 2005), neither the City of Ocoee nor the Joint Planning Area had
any springs or caves that required buffering. [Wekiva Parkway and
Protection Act (WPPA): Ch. 369,321 (3), F.S,]
Policy 7.8
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.
Obiective 8
The City will ensure the availability of lands to future Public Schools by allowing
adequate opportunities proximate to residential areas (Chapter 163.3177 (6)(a),
FS).
Policy 8.1
Elementary Schools shall be permitted in Low Density Residential,
Medium Density Residential, High Density Residential, Institutional and
Professional Offices and Services land use designations. Middle Schools
and High Schools shall be permitted in Low Density Residential, Medium
Density Residential and High Density Residential, Professional Offices
and Services, Institutional and Commercial land use designations.
Policy 8.2
The City shall work with Orange County Public Schools to develop siting
provisions within the Land Development Code which encourage the siting
and collocation of public schools and other public facilities such as parks,
libraries and community centers compatible with surrounding
development.
Page 18 of64
Policy 8.3
The City will ensure that the siting of schools is located away from flood
plains, flood prone areas, wetlands and other environmentally sensitive
areas.
Policy 8.4
The City's Capital Improvements Program, where applicable, shall be
coordinated with the Orange County Public Schools' five-year facilities
work program.
Policy 8,5
The City shall work cooperatively and continue to maintain an ongoing
exchange of information with Orange County Public Schools and other
educational facility providers to ensure that new and expanded
educational facilities are properly located, designed and constructed to be
consistent with the City's Comprehensive Plan.
Obiective 9
The City shall encourage the elimination and reduction of uses inconsistent with
the City's character and future land uses (9J-5.006 (b)(3), FAC).
Policy 9.1
Existing land uses, which are not compatible with adjacent uses, the
character of the area, natural resources, or the Future Land Use Map shall
be eliminated upon redevelopment, and until that time, may not be
permitted expand unless legally proven to be able to do so.
Policy 9.2
The City will coordinate future land uses by encouraging the elimination or
reduction of uses that are inconsistent with any interagency hazard
mitigation report recommendations that the City determines to be
appropriate.
Obiective 10
The City shall coordinate with any appropriate resource planning and
management plan prepared pursuant to Chapter 380, Florida Statutes, and
approved by the Governor and Cabinet (9J-5.006 (b)(7), FAC).
Page 19 of64
Policy 10.1
The City will review all resource planning and management agencies
plans as they become available or are amended and update the
Comprehensive Plan accordingly with the next plan amendment cycle.
(Amendments to Goals. Obiectives & Policies of the Drainaae Sub-Element)
I. INTRODUCTION
A. Purpose
The purpose of the Drainage Sub-element is to provide a guide for management
and storage of surface waters created by the runoff generated from rainfall
events. The element is intended to protect and enhance the public health, safety
and welfare and the quality of the environment within the City of Ocoee as
related to stormwater management. In addition, this element will provide a plan
and policy direction concerning use of existing drainage criteria for the sixteen
(16) drainage sub-basins within the City of Ocoee and provide a basis for future
modifications to existing development regulations. See Figure 3 for the limits of
the major drainage basins within the City of Ocoee and the aquifer recharge
ranges.
As growth occurs in the City of Ocoee, the need for protection and management
of the City's water resources as related to structural improvements will increase.
The City's current drainage basins are identified and analyzed. A description of
these basins and their significance in the City is presented. Goals, objectives
and policies will be provided for water quality protection and flood protection.
Identifiable costs of capital improvements for substandard areas have been
developed in specific areas. A schedule for future identification and correction is
also included.
This Drainage Sub-element was made consistent with the Natural Groundwater
Aquifer Recharge Sub-element due to a recent overlap of environmental
regulations. Drainage needs to be addressed for flooding and water quality
protection as well as regulating stormwater runoff as a potential source for
groundwater/aquifer recharge for continued use of the aquifer as a water supply
for drinking water.
Over the oast 20 vears. the Citv of Ocoee has orooosed manv maintenance and
Caoital Imorovement oroiects identified first in their numerous basin studies
oreoared bv Professional Enaineerina Consultants (PEC). and then later in the
Reaional Master Stormwater Manaaement Plan. oreoared bv Camo. Dresser.
and McKee (COM) and dated November 2005. This Reaional Master Stormwater
Manaaement Plan was funded bv all of the municioalities within the Wekiva
Page 20 of 64
Study Area. as identified bv the Florida Department of Community Affairs and the
St. Johns River Water Manaaement District.
It should be noted that the City continues to support the implementation of the
proiects identified in the basin study report: however. it should be pointed out that
many of these proiects are very small (i.e. clean sediment from a roadway
culvert) or they may identify proiects that have since been handled bv other
methods.
In the last 10 Years. the NPDES and the Total Maximum Daily Loads (TMDL)
reaulations have focused on surface water resource protection and water aualitv
improvement. The City has thereby primarilv shifted their focus of stormwater
manaaement from a maintenance proaram that accomplishes flood protection. to
a water aualitv protection/improvement based proaram. The City now evaluates
the implementation of reaional stormwater ponds that can achieve the maximum
pollutant removal of nutrients. particularlv total' phosphorus. to the City's
waterbodies.
The City has been active Iv involved in the Upper Ocklawaha Basin Workina
Group. hosted bv FDEP. which will soon adopt bv Secretarial Order the State's
first Basin Manaaement Action Plan CBMAP). The aoal of the Upper Ocklawaha
BMAP is implementation of manaaement strateaies and capital proiects that will
facilitate meetina the adopted TMDLs for the impaired waterbodies in the basin.
The City of Ocoee occupies the southeastern shore of Lake Apopka. Manv
agencies have been workina to improve the water aualitv in Lake Apopka for the
last couple of decades. Dramatic improvements have been seen due to the
efforts of the local aovernments surroundina the lake. the FDEP. the SJRWMD.
and the Friends of Lake Apopka. Leaislation that was adopted for the Lake
Apopka hvdroloaic basin limits phosphorus discharae from new development and
sets the total phosphorus criterion for Lake Apopka to 55 parts per billion (ppb).
B. Environmental Setting
The City of Ocoee is located in the west central portion of Orange County,
Florida. Ocoee is a mostly residential community with some agricultural,
commercial development, and light industrial areas. The City of Ocoee was
platted and named in 1886. It is surrounded by the City of Winter Garden on the
west and unincorporated areas of Orange County on the other three sides. The
flood plains of Ocoee consist of lowlands adjacent to a number of lakes and three
streams. Numerous City streets, State highways and railroads also cross the
flood plains.
The topography of Ocoee is relatively flat with some gently rolling hills. Ground
elevations in Ocoee range from less than 100 feet to approximately 170 feet
Page 21 of64
mean sea level. The climate of Ocoee is semi-tropical characterized by warm,
humid summers and mild, dry winters. Daily maximum temperatures average
near 900F in the summer and minimum temperatures average 500F in the winter.
Temperature extremes of over 1000F are rare. The average annual precipitation
in the study area is approximately 48 inches, most of which occurs during the
June-October rainy season.
The City of Ocoee adopted subdivision regulations in 1985 that addressed the
issues of water quality, water quantity, stormwater conveyance and flood
protection. See Figure 3 for a map of the City of Ocoee's flood prone areas.
The majority of the City of Ocoee lies within the middle St. Johns River or the
Ocklawaha River Basin located in the St. Johns River Water Management
District jurisdictional limits. There is a very small portion of the City that lies
within the Shingle Creek basin, which is located in the South Florida Water
Management District jurisdictional limits, The Shingle Creek area is located near
the intersection of Maguire Road and Parkridge-Gotha Road in the extreme
south of the City.
An unnamed stream with drainage improvements flows easterly from the south
central portion of the City from the Florida Auto Auction and the West Orange
Industrial Park areas completely across the City into Lake Lotta, which is located
in the eastern portion of the City, just north of SR 50; this is known as the Lake
Lotta drainage basin.
The other lakes and drainage basins in the City of Ocoee are considered to be
landlocked except for Lake Moxie and Peach Lake which have been
interconnected and now have a positive outfall system to the "Northwest Ditch",
which ultimately flows to Lake Apopka. Landlocked lakes without drainage wells
have no outlet and the lake stages will vary directly with rainfall. The northwest
portion of the City generally drains toward Lake Apopka through a series of
shallow ditches and lowlands, which also connect to the Northwest Ditch.
According to the 1972 publication, "Appraisal of Water Resources in the East
Central Florida Region," by William F. Lichter of the United States Geological
Survey, the City of Ocoee lies in a portion of Orange County that is considered
an effective recharge area. Rainfall in effective recharge areas moves to the
closed lakes and ponds within the City where it is temporarily stored before
seeping down to the aquifer.
Problems that interfere with the recharge arise when urbanization occurs.
Rooftops and paving reduce the infiltration capacity of the surface soils and
increase surface runoff to lakes and ponds. Because urbanization tends to
speed the movement of water to lakes and ponds, more of the flood plains
become inundated than before urbanization, In the past, as flood plains have
become inundated during wet periods, there has been great pressure to dig
Page 22 of 64
drainage canals or construct drainage wells to remove the excess water off of the
land surrounding the lakes.
With enactment of the 1986 S1. Johns River Water Management District
regulations, stormwater runoff was required to be stored in retention or detention
ponds to provide water quality treatment before overflowing to waters of the
State, to effectively control flooding of low lying areas around those waters of the
State, and to detain the runoff to aid in its infiltration into the ground for effective
recharge.
These regulations were to be applied in areas where development was
converting undeveloped land into residential, commercial, and industrial
developments. While development was creating impervious surfaces that could
reduce the effective recharge areas, the regulations were effectively aiding in the
ability to offset that loss of recharge by requiring the storing of runoff in dedicated
stormwater management facilities to allow for the recharge element to remain.
A few drainage wells have been installed in the City of Ocoee (circa 1960s) that
convey the surface water directly to the upper zone of the Florida Aquifer. These
drainage wells are located within the Starke Lake, Spring Lake, Lake Johio, and
Lakes Lilly and Pearl drainage basins. Although listed as an effective recharge
area, some site-specific studies have indicated that much of the recharge occurs
through the bottom of major lakes or by drainage wells within the City and not
through soil percolation. The recharge rate continues to be affected by debris
and/or sediment disposition on the bottom of a few of the lakes, thereby reducing
the recharge potential.
Much of the upland area at one time was in citrus production. Site-specific soil
studies associated with the development approval process have indicated that, in
many areas, impermeable soils within the top ten feet of the surface reduce
recharge potential in the upland areas and allow for direction of surface and sub-
surface water movement toward the receiving lakes where recharge occurs.
Aquifer recharge is an important concern of the City because the aquifer is the
City's potable water source, and other utilities in west Orange County. Regulatory
Framework
Federal
The 1987 amendments to the Clean Water Act (CWA) required the U.S.
Environmental Protection Agency (EPA) to publish regulations to control point
and non-point source stormwater discharges under the National Pollutant
Discharge Elimination System (NPDES) program. Those regulations were
published in late 1990 which require certain dischargers of stormwater to waters
of the United States to apply for permits, adhere to the regulations regarding
controlling pollutants in discharges, and to eliminate illicit discharges to waters of
Page 23 of 64
the United States. The regulations also required the State and EPA to track and
monitor sources of stormwater pollution.
The City of Ocoee has been a co-applicant of the EPA mandated Orange County
MS4 (Municipal Separate Storm Sewer System) NPDES permit since its
inception in 1990. The permit was issued in 1996 and the first five-year permit
was renewed by the DEP (Permit No. FLS000011). Ocoee has followed the
requirements of regulating pollutant discharges and monitoring the waters of the
State within the City limits. The City has filed yearly Annual Reports to EPA, as
required, which discuss the past year's compliance issues and establish the next
year's programs.
In addition to the MS4 permit, the City of Ocoee requires all new developments
that exceed five (5) acres in construction impacts to prepare and submit a Notice
of Intent (NOI) to DEP and EPA, which includes the preparation of a Storm Water
Pollution Prevention Plan (SWPPP) to minimize erosion and sedimentation
during construction. A Notice of Termination (NOT) will also be required upon
completion of construction to transfer NPDES permit coverage to the City's MS4
permit.
National Flood Insurance Program
This program, created by the U.S, Department of Housing and Urban
Development, requires designated flood prone communities to undertake sound
land use planning to minimize potential flood damage to future development.
The City of Ocoee has complied with the National Flood Insurance Program
(NFIP) regulations, as administered by the Federal Emergency Management
Agency (FEMA), by regulating development within flood prone areas as
described in the Flood Insurance Study (FIS) for Orange County, Florida and
Incorporated Areas as well as the Flood Insurance Rate Maps (FIRMs) that were
published to accompany the FIS, effective December 6,2000.
State
Since the EPA regulations were enacted in 1990, DEP has adopted those
regulations and enhanced them through further State action. There are many
rules governing stormwater runoff, protection of waters of the State, and water
resource management; some of those Florida Statutes (FS) are Chapter 298
Drainage and Water Control, Chapter 373 Water Resources, and Chapter 376
Pollutant Discharge Prevention and Removal.
The enactment of those statutes have been delineated under Chapter 62-25
Regulation of Stormwater Discharge, Chapter 62-43 Surface Water Improvement
and Management Act, and Chapter 62-302 Surface Water Quality Standards of
the FAC. The water management districts have assumed much of the permitting,
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enforcement, and control of these programs that are administered by DEP and
EPA.
The City of Ocoee has adopted, in the 1985 Subdivision Ordinance and its
amendments, requirements for the provision of retention and treatment of
stormwater consistent with Chapter 62-25 of the FAC. Stormwater water quality
treatment, as currently required by the DEP, can be accomplished through, but
not be limited to: retention, detention and detention with filtration. Retention
requires the impoundment of the required volume of runoff within a retention
basin,
An overflow system from the retention basin can be provided to allow excess
stormwater volume above and beyond that required for the prescribed storm
event can be provided as a measure of emergency relief for the system.
Implementation of the stormwater rule has been achieved through the State
permitting process, and the City of Ocoee fully cooperates with the DEP and
SJRWMD on this permitting process. New construction is required to receive the
stormwater permits as a part of the approval process; stormwater water quality
facilities are required to be constructed prior to completion of improvements
creating additional stormwater runoff.
The City of Ocoee lies within the boundaries of the St. Johns River Water
Management District (SJRWMD). The SJRWMD has adopted regulations
pertaining to water quality treatment similar to those provided in Chapter 62-25
and has also adopted regulations regarding rates of stormwater runoff and
quantity of stormwater runoff, Permits are required from the SJRWMD for most
activities that would create additional stormwater runoff and provide for
concentration of stormwater runoff.
The governing rules of SJRWMD are FAC Chapter 40C-4 Environmental
Resource Permits: Surface Water Management Systems, Chapter 40C-40
Environmental Resource Permits: Standard General Environmental Resource
Permits; Chapter 40C-41 Environmental Resource Permits: Surface Water
Management Basin Criteria; Chapter 40C-42 Environmental Resource Permits:
Regulation of Stormwater Management Systems and Chapter 40C-400
Environmental Resource Permits: Noticed General Environmental Resource
Permits. The City of Ocoee recognizes the rules of the District and reviews
requests for new development in a manner consistent with those rules,
Page 25 of 64
Local
In 1985 the City of Ocoee adopted a subdivision ordinance (Article VIII
Stormwater Management), which provides design criteria for the disposition of
stormwater runoff. All development within the City of Ocoee is required, at a
minimum, to pre-treat the runoff generated from the first inch of rainfall consistent
with the regulations of the DEP and the SJRWMD and all development is subject
to the treatment of stormwater runoff. Pre-treatment of the volume of runoff is
defined as retention, detention with filtration, or wet detention.
Additional volumes generated beyond the first inch of runoff are regulated as to
rate of discharge and subject to the availability of the conveyance systems to
accept the rate. The regulations also provide criteria for development within
areas of the special flood hazard (1 DO-year flood plain). Stormwater
management systems within the City of Ocoee are designed to provide for:
1) pollution abatement, 2) recharge where possible, and 3) protection from
flooding,
D. Terms and Concepts
A stormwater management practice is one that accounts for the changes in
hydrograph shapes or the peak rate of discharge and improves the quality of
stormwater being discharged to receiving waters, Best management practices
(BMPs) for stormwater are those combinations of management practices, which
achieve desired functions at minimum cost. These functions are generally one or
more of the following:
. Peak Runoff Rate Reduction
. Runoff Volume Reduction
. Water Quality Enhancement
. Flood Protection
The choice of practices is limited by site-specific location and the regulations
discussed earlier in this section. Thus a BMP is one that meets discharge
quantity and quality at minimum cost. The quantity and quality requirements
have been translated into State, Regional and Local regulations which specify
design considerations such as rainfall return period (frequency and duration),
rainfall distribution, peak rate factors, runoff quantities and pollutant removals
(usually implied through a standard).
Peak flow rate reduction or hydrograph attenuation is commonly required to
reduce downstream flooding. The philosophy expressed by hydrograph
attenuation is frequently required to match post-development to pre-development
conditions. Development is used here to indicate any condition that would result
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in hydrograph shape changes, Also, changes in the design or operation of
transport and storage facilities may cause a change in the hydrograph shape.
The following short descriptions of structural practices are an overview of the
stormwater management practices associated with the generation, accumulation
and transport of materials within watersheds which are consistent with State,
Regional and Local regulations. This is an introduction with the purpose of
establishing definitions as a basic understanding of each stormwater
management practices. The practices are primarily a compilation of those used
commonly in Central Florida and are deemed permissible by the regulatory
agencies.
Structural practices are the primary means to achieve water quality and quantity
restrictions. It is frequently necessary to modify the transport or discharge
structure to achieve a peak discharge reduction and pollution control. With
respect to the terms listed in this section, the following are the structural practices
that are currently being followed by the City of Ocoee.
Off-line Retention
This includes a diversion structure that diverts stormwater to a percolation,
infiltration or other treatment area. If the runoff volume from the first one-inch of
rainfall is diverted for treatment, one can expect to remove about 80% to 90% of
the annual mass pollutants discharged from the watershed to the receiving water
body. These are usually combinations of hydraulic structures and stormwater
management ponds. The soil must have the capacity for infiltration and infil-
tration is generally about one inch per hour. The location and performance of
retention ponds is primarily dictated by the presence of well-drained soils
(Hydrologic Soil Group "A").
On-line Retention and Detention with Filtration
These are ponds that are constructed within the path of the stormwater
conveyance system. Typically, on-line retention is used interchangeably with
detention with filtration. Filtration devices such as underdrains are placed below
the control level of the outlet structure to allow for filtration of the stormwater
volume from the first half-inch of rainfall or the direct runoff from the first inch of
rainfall. Pond depths vary but typically range from four (4) to ten (10) feet in
depth. The bottom of dry retention ponds function to evacuate the impounded
stormwater runoff into the underlying aquifer.
The common types of stormwater filtration systems within the on-line retention
ponds or detention with filtration are side bank and bottom underdrain systems.
Stormwater filtration systems usually consist of a perforated pipe encompassed
by filter media wrapped by filter fabric material. The filtration system intercepts,
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collects and conveys stormwater runoff, treating the runoff through the filtration
media prior to discharging to downstream systems.
Detention
These are on-line ponds with very relatively short duration (hours to days)
holding times. The stored waters are slowly released so that the peak discharge
rate is attenuated to equal or below the pre-development peak discharge rate for
a specified storm frequency and duration (Mean Annual and 25-year frequency,
24-hour duration storm event for the SJRWMD). Detention ponds in the context
of this document pertains to "wet detention" systems, Detention systems function
primarily to reduce peak discharge rate; however, the provision of water quality
treatment through the settling of suspended solids over a prescribed residence
time is just as important an element.
The volume of a "wet" detention pond is composed of two separately designated
volumetric elements (i.e., permanent pool and dynamic storage). The permanent
pool storage is that volume below an established control water elevation and/or
the established seasonal high water elevation. This portion of the pond is used
to settle out suspended solids in the water column of the inflow runoff volume.
Dynamic storage is that volume provided above the pond control elevation, but
below the pond top of bank, and provides the peak runoff rate reduction and
water quality treatment.
Grassed Waterways and Swales
This practice involves utilizing grass surfaces to reduce runoff velocities,
enhance infiltration of runoff into the soil column and remove runoff
contaminants, thus improving runoff water quality and reducing the potential for
downstream erosion and sedimentation. Frequently, swale blocks are used to
detain the stormwater runoff and promote infiltration into the underlying soil
column.
Natural Systems
This involves the use of marsh or wetland systems. Wetland systems can be
used for stormwater management purposes, provided that the required water
quality treatment for the runoff volume to be discharged is complied with.
Directing stormwater to the wetland should be regulated such that the system is
not adversely affected by the alteration of the normal range of water level
fluctuations. However, in many urbanized areas, altered wetlands can be
enhanced by directing stormwater into them and restoring the system hydro
period.
Page 28 of 64
Landlocked Basins
Landlocked basins are those basins within the City of Ocoee that have no
surface drainage outlet such as ditches or pipes that discharge to other
downstream receiving surface waters, Landlocked basins are of concern in
urbanized areas because as the amount of pervious area is covered by asphalt
and rooftops, stormwater runoff can be expected to increase and infiltration into
the soil column can be expected to decrease. Thus, the potential to alter
historical lake levels and duration of flooding increases, therefore, landlocked
basins require special attention and need to have specific criteria that are more
stringent than the general criteria for non-landlocked or "open" basins.
Design Storm Events
With respect to peak rate reduction, the storm events used in the drainage
subsection are the FOOT Zone 7, 1 O-year frequency storm (duration based upon
the time of concentration), the 25-year frequency, 24-hour duration storm event
and the 1 DO-year frequency, 24-hour duration storm event. A 1 O-year frequency
storm event produces an intense rainfall within a very short duration (typically
less than two hours and can produce up to 7.5 inches per hour for a small
drainage basin), the 25-year frequency storm produces approximately 8.6 inches
of rainfall within a 24-hour period, and the 1 DO-year frequency storm produces
approximately 10.6 inches of rainfall in a 24-hour period.
The 1 O-year frequency storm is used as the design standard for the construction
of drainage and stormwater conveyance systems (i.e, storm sewer systems) to
serve localized improvements such as subdivisions, commercial and industrial
facilities as well as roadway improvements. The conveyance systems in these
facilities must be able to carry the peak runoff rate during a 10-year frequency
storm event without exceeding critical elevations (i.e" edge of pavement, etc.)
along the system.
The 25-year frequency storm is used as the design criteria for peak runoff rate
reduction and the flood protection level of service for new roadway systems.
Within the State, Regional and Local regulations, there can be no increase of
post-development runoff rate over the pre-development runoff rate for a 25-year
frequency, 24-hour duration storm event. In addition, the flood stages for the 25-
year frequency, 24-hour duration storm event are not to exceed the lowest
elevation along the profile grade line of a roadway.
The 1 DO-year frequency storm event is used to establish the flood protection
level of service (LOS) for habitable and/or insurable structures, and for
landlocked basins. The City and FEMA require that "lowest floor" elevation of a
habitable and/or insurable structure shall be above the base (100-year) flood
elevation. The City also requires that all developments in landlocked basins
provide retention of the volume produced by a 1 DO-year frequency, 24-hour
I
L
Page 29 of 64
duration storm event, which is to be recovered within 14-days following the storm
event.
The basic factors involved in establishing a successful stormwater management
program centers around the following two principles:
1. Establish and apply a uniform design standards and procedures.
2. Ensure adequate operation and maintenance of system components
once they are constructed.
The design standard, which is of primary importance, is the design storm event
as discussed earlier. The design storm event specifies intensity (rate of rainfall)
and duration of the rainfall to be used for the design of stormwater management
facilities.
Data on rainfall intensity and duration have been summarized for various regions
of the State by the Florida Department of Transportation (FOOT) and by the St.
Johns River Water Management District (SJRWMD), Standard procedures for
sizing and designing stormwater management facilities are a part of the current
City regulations and will be further discussed in this Sub-element. This will
ensure that the systems are structurally and functionally compatible. Any BMP
system should also allow for routine inspection and maintenance of facilities to
ensure proper performance during the facility's life.
II. INVENTORY AND ANALYSIS
A. Natural Drainage Basins
In this section, the drainage basins with the City of Ocoee are presented as
shown on the Major Drainage Basin and Aquifer Recharge Areas map (see
Figure 3). A description of each drainage sub-basin is provided in Table 6.
The drainage basin studies for the City of Ocoee lakes and other drainage
systems has generally been completed, with exception to those basins that are
partially within the City of Ocoee, but the lakes are within unincorporated Orange
County (i.e., Lake Stanley/Florence, Lake Lilly/Pearl, etc.).
The completed drainage basin studies inventories the drainage and stormwater
infrastructure within the basin, identifies problem areas within the basin with
respect to level of service, identifies water quality conditions and trends, and
summarizes capital improvements recommended to bring the basin in
compliance with the City's level of service standards for flood protection, water
quality and localized flooding.
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B. Flood Plains
The limits of the 1 OO-year flood plains delineated within the City of Ocoee
are summarized on the attached flood prone area map. This map is
based on the Flood Insurance Rate Maps (FIRM) for the City of Ocoee
and Orange County effective December 6, 2000 (Flood Insurance Study -
Orange County, Florida and Incorporated Areas, Federal Emergency
Management Agency).
Table 6 lists the 1 OO-year flood elevations of drainage sub-basins
in the City of Ocoee, as published by Federal Emergency Management Agency.
Table 6
Drainage Sub-Basin Characteristics
Total lake OO-Year
Drainage Sub- Drainag land Area Flood
Basin Name e Area Area (acres Elevation Conditions
(acres) (acres) ) (feet,
NGVD)
1. Lake Addah 264 254 10 81.10 Land-locked
2. Lake Meadow 1,132 956 176 85.50 Land-locked
3. Prairie Lake 668 567 101 85.80 Land-locked
4. Northwest 743 41 ,726 17 NIA Lake Apopka
Ditch
Land-locked
5. Spring Lake 446 411 35 121.10 wI Drainage
Well
Land-locked
6. Lake Johio 229 203 26 Unknown wI Drainage
Well
7. Starke Lake 894 661 233 101.00 Land-locked
8. Lake Olympia 444 337 107 101.00 Land-locked
9. Lake Lotta 2,529 2,489 4440 93.40 Lake Rose
Land-locked
10. Unnamed No. 218 214 4 Unknown Land-locked
1
11. Unnamed No. 211 205 6 Unknown Land-locked
2
12. Lake 139 120 19 118.30 Land-locked
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Blanchard (Lake Bennet)
Land-locked
13. Lake Lilly 325 277 48 119.403 w/ Drainage
Well
14. South 931 931 0 N/A Land-locked
Maquire (Johns Lake)
Land-locked
15. Lake Stanley1 390 351 39 86.503 w/ Drainage
Well
16. Lake Land-locked
Florence 1 315 275 40 Unknown w/ Drainage
Well
.1 .
Notes. Limits of drainage basin extend beyond City limits.
2 Flood Insurance Study, Orange County, Florida and Incorporated Areas,
December 6,2000.
3 Flood elevation determined by Orange County Engineering.
Source: PEC/Professional Engineering Consultants, Inc.
C. Soil Conditions
Table 9 and Figure 3 identify the types of soils found in the City of Ocoee as
provided by the United States Department of Agriculture Soil Conservation
Service (SCS) Soil Survey for Orange County, Florida. Also included in this table
is the SCS hydrologic soil classifications that are identified by the letters A, B, C,
and D. The "A" group soils are those soils characterized as having the highest
infiltration rates, having the highest potential for aquifer recharge and have the
lowest potential for surface runoff. Conversely, the "0" group soils have the
lowest infiltration rates, have the highest potential for surface runoff and are often
accompanied by high groundwater levels, with little or no recharge.
Page 32 of 64
Table 7
(1) Soil Map Units in Orange County, Florida
Map Map Unit Name Hydrologic
Symbol Group
1 Arents C
2 Archbold fine sand, 0 to 5 percent slopes A
3 Basinger fine sand, depressional D
4 Candler fine sand, 0 to 5 percent slopes A
5 Candler fine sand, 5 to 12 percent slopes A
6 Candler-Apopka fine sand, 5 to 12 percent slopes A
7 Candler Urban land complex, 0 to 5 percent slopes A
8 Candler Urban land complex, 5 to 12 percent slopes A
10 Chobee fine sandy loam, freauentlv flooded BID
15 Felda soils, frequently flooded BID
20 Immokalee fine sand BID
22 Lockloosa fine sand C
26 Ona fine sand BID
27 Ona-Urban land complex BID
28 Orlando fine sand, 0 to 5 percent slopes A
29 Orlando-Urban land complex, 0 to 5 percent slopes A
33 Pits --
34 Pomello fine sand, 0 to 5 percent slopes C
35 Pomello-Urban land complex, 0 to 5 percent slopes C
37 S1. Johns fine sand BID
38 S1. Lucie fine sand, 0 to 5 percent slopes A
39 S1. Lucie-Urban land complex, 0 to 5 percent slopes A
40 Samsula muck BID
41 Samsula-Hontoon-Basinger association, depressional BID
42 Sanibel muck D
43 Seffner fine sand C
44 Syrma fine sand BID
45 Syrma-Urban land complex BID
46 Tavares fine sand, 0 to 5 percent slopes A
47 Tavares-Millhopper fine sand, 0 to 5 percent slopes A
48 Tavares-Urban land complex, 0 to 8 percent slopes A
50 Urban land --
51 Wabasso fine sand BID
52 Wabasso-Urban land complex BID
53 Waubera fine sand D
54 Zolfo fine sand C
55 Zolfo-Urban land complex C
Sources: USDA, SCS, 1989 Edition and City of Ocoee, Basin Studies.
Page 33 of 64
III. NEEDS ASSESSMENT
Criteria and needs for the sub-basins identified in Table 6 of the City of Ocoee
are provided in this section. A large number of the lakes within the City are
landlocked. The criteria to be applied to these landlocked sub-basins are as
follows.
For landlocked drainage basins within the City of Ocoee, upland retention of the
runoff from 1 DO-year frequency, 24-hour duration storm events (10,6 inches of
rainfall) will be required. Upland retention shall be required above the normal
high water of the receiving water body and the top of the retention basin situated
a minimum of one (1) foot above the 1 DO-year elevation in the pond. Retention
basins encroaching into the 1 DO-year floodplain will require equal compensation
for floodplain storage lost.
For sub-basins within the City, as site specific improvement plans are developed,
a geotechnical report must be provided with the development plans that
addresses surface water and groundwater issues within these sub-basins. The
geotechnical report shall include changes in land use due to future development
within the basin that is consistent with the City's growth management plan and the
anticipated rezoning that will allow for increased growth impacts within the
landlocked basins. The retention of the stormwater runoff volume produced by a
1 DO-year frequency, 24-hour duration storm should allow for evacuation and
recovery of the impounded volume of water within 14 days.
The City continues to monitor Lake Johio for lake level and water quality
information. This will allow the City to take proactive actions should the lake
levels elevate to critical elevations, or to restrict the use of the lake should water
quality trends indicate a hazard to the safety and well-being of the general public.
The drainage well, which serves as the outfall for the lake, is routinely maintained
by the City to insure its functionality, Any permanent modifications to the drainage
well will require permitting through the Underground Injection Control (UIC)
program administered by the Florida Department of Environmental Protection
(DEP).
Within the context of the needs assessment, those lakes that are identified as
landlocked and require protection by 1 DO-year flood storage retention upland will
adhere to the detailed criteria discussion presented in the previous paragraph,
The following is a review of each of the sub-basins in the City of Ocoee.
LAKE ADDAH
Lake Addah is a small landlocked lake within a 264-acre basin. This basin is
mostly surrounded by existing and approved development with 1 DO-year
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retention ponds. Any additional development that is to occur within this basin will
have to comply with the City's landlocked basin criteria (retention of the volume
produced by a 1 DO-year frequency, 24-hour duration storm event, to be
recovered in 14-days).
Lake Meadow
Lake Meadow is sparsely developed at this time and is a 176-acre lake located
within a 1, 132-acre drainage basin. The City completed the Lake
Meadow/Prairie Lake Drainage Basin Study in October 1998, which identified the
basin level of service, basin deficiencies, capital improvement projects, water
quality issues and maintenance related issues. Any development that is to occur
within this basin will have to comply with the City's landlocked basin criteria
(retention of the volume produced by a 1 DO-year frequency, 24-hour duration
storm event, to be recovered in 14-days).
Prairie Lake
Prairie Lake is a landlocked lake with substantial lake level fluctuations based on
a combination of rainfall patterns and regional hydrologic and hydrogeologic
elements surrounding the lake. The City completed the Lake Meadow/Prairie
Lake Drainage Basin Study in October 1998, which identified the basin level of
service, basin deficiencies, capital improvement projects, water quality issues
and maintenance related issues. Any development that is to occur within this
basin will have to comply with the City's landlocked basin criteria (retention of the
volume produced by a 1 DO-year frequency, 24-hour duration storm event, to be
recovered in 14 days).
Northwest Ditch System
The Northwest Ditch system ultimately outfalls into Lake Apopka to the
northwest. In 1986 the City of Ocoee installed an 18-inch drainage outfall from
the Lake Moxie/Peach Lake drainage system to alleviate flooding conditions
within the developed Lake Moxie/Peach Lake basin. The City completed the
Northwest Drainage Basin Study in January 1996, which identified the basin level
of service, basin deficiencies, and maintenance related issues. The study also
identified and prioritized capital improvement projects based on: 1) flood
protection, 2) water quality, and 3) localized flooding. Future needs for the
Northwest Ditch system will include increasing the roadway culvert capacity at
Fuller's Cross Road (within unincorporated Orange County) and drainage
improvements within the Pioneer Key I and II mobile home parks.
SJRWMD is currently implementing a Surface Water Improvement and
Management (SWIM) program for the Lake Apopka Hydrologic Basin under the
Lake Apopka Restoration Act of 1996 to restore the lake to Class III or better
water quality standards. As part of this program, SJRWMD is currently evaluating
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the need to impose additional water quality treatment requirements above that
currently in their regulations for all new developments discharging to Lake
Apopka. This would include those areas within the Northwest Ditch basin. The
proposed stormwater rules will require that the post-development total
phosphorous load discharged from the development site will not exceed the pre-
development phosphorous load, and that the development site will not discharge
water directly or indirectly to Lake Apopka for the 1 DO-year frequency, 24-hour
duration storm event.
Spring lake
Spring Lake has a surface water connection to the aquifer through a single
drainage well, but is still considered a landlocked basin. The City completed the
Spring Lake/Lake Johio Drainage Basin Study in February 1996, which identifies
the current flood protection level of service in Spring Lake, basin deficiencies,
water quality issues, and maintenance related issues. The completed study also
outlines a capital improvement program to address those identified basin
deficiencies. Any development that is to occur within this basin must comply with
the City's landlocked basin criteria (retention of the volume produced by a 100-
year frequency, 24-hour duration storm event, to be recovered in 14-days),
lake Johio
Lake Johio is also a landlocked lake served by a single drainage well. The City
has previously completed the Spring Lake/Lake Johio Drainage Basin Study in
February 1996, which identifies the current flood protection level of service in
Lake Johio, the basin deficiencies, water quality related issues and maintenance
related issues. The completed study also outlines a capital improvement
program to address those identified basin deficiencies. Any development that is
to occur within this basin must comply with the City's landlocked basin criteria
(retention of the volume produced by a 1 DO-year frequency, 24-hour duration
storm event, to be recovered in 14-days).
Starke lake
Starke Lake is one of the most urbanized basins within the City of Ocoee. Most
of the development within this basin occurred prior to the implementation of
stormwater and drainage standards by the City, SJRWMD, and DEP. The lake is
served by two drainage wells, which serves as the only outfall source for this
lake. Due to the age of the neighborhoods surrounding the lake and past
development practices, several areas within the basin experience street flooding
during heavy and/or sustained rainfall events. There is minimal dedicated
stormwater management retention or detention systems provided within this
basin.
The City completed the Starke Lake/Lake Olympia Drainage Basin Study in
March 1996, which documents the existing flood protection level of service for
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the lakes, the basin deficiencies, water quality related issues, maintenance
related issues, and outlines a capital improvement program for the basin to meet
the City's objectives for stormwater management and water quality treatment.
Stormwater management for new development within the basin can be
accomplished using conventional Best Management Practices (BMPs) such as
dry retention in areas with high recharge capabilities or wet detention for areas
with high groundwater conditions. In areas that are already developed but do not
meet current stormwater management standards or practices, non-conventional
BMPs such as baffle boxes or alum treatment systems may be warranted.
The stormwater conveyance system improvements will be required to reduce
flooding of the roads and rights-of-way within existing developments in the basin,
particularly those constructed prior to the implementation of drainage and
stormwater management standards. The City is currently replacing the drainage
wells to maintain adequate flood protection. Any development that is to occur
within this basin will have to comply with the City's landlocked basin criteria
(retention of the volume produced by a 1 DO-year frequency, 24-hour duration
storm event, to be recovered in 14-days).
Lake Olympia
Lake Olympia is a landlocked lake located east of Starke Lake and has a
permitted surface water connection to Starke Lake. This surface water
connection consists of a single culvert with a manual gate that is owned and
operated by the City of Ocoee. The culvert system has a permitted operating
schedule as required by the SJRWMD. Most of the development contiguous to
Lake Olympia meets current City and State stormwater management standards,
although several docks were inundated for an extended period of time during and
after Tropical Storm Gordon in November 1994. The lake levels fluctuate in
concert with those in Starke Lake as documented in the Starke Lake/Lake
Olympia Drainage Basin Study, which was completed in March 1996. Any
development that is to occur within this basin will have to comply with the City's
landlocked basin criteria (retention of the volume produced by a 1 DO-year
frequency, 24-hour duration storm event, to be recovered in 14-days).
Lake Lotta
Lake Lotta is part of the Orange County primary drainage system. The portion of
the lake north of SR 50 (West Colonial Drive) is in the City of Ocoee. The portion
south of SR 50 is within unincorporated Orange County. The floodplain for Lake
Lotta was recently remapped under the Flood Insurance Study for Orange
County, Florida and Incorporated Areas, effective December 6, 2000, Federal
Emergency Management Agency (FEMA). This involved the establishment of
the base (1 DO-year) flood elevation for the lake as well as locations along the
Lake Lotta Tributary from SR 50 to Bluford Avenue. FEMA also established a
regulatory floodway along this tributary, regulating the extent of development that
can occur along the tributary. The establishment of a regulatory floodway along
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this tributary is an important consideration in that the primary conveyance area of
the tributary is reserved to convey the discharge from a 1 DO-year flood event.
Any development that is proposed along this tributary must either construct
outside of the regulatory floodway or receive approval from the City and FEMA to
alter the mapped floodway limits, Any alteration of the regulatory floodway from
development will require a Condition Letter of Map Revision (CLOMR) from
FEMA with approval from the City prior to construction and a Letter of Map
Revision (LOMR) after construction is completed. This is required by the Federal
Government to comply with the National Flood Insurance Program (NFIP) since
the City of Ocoee is a participating community in the NFIP,
The City of Ocoee completed the Lake Lotta Drainage Basin Study in December
1998, which documents the existing basin level of service, identifies deficiencies
within the basin, identifies water quality and maintenance related issues, and
outlines a capital improvement program to implement improvements to meet the
City's objectives for the basin. Lake Lotta ultimately discharges to Lake
Sherwood, which is within unincorporated Orange County, and is controlled by a
single 24-inch drainage well, therefore is considered a landlocked basin. All
development within the Lake Lotta basin will be required to meet the City's
landlocked basin criteria (retention of volume produced by a 1 DO-year frequency,
24-hour duration storm event). In addition, portions of the Lake Lotta basin is
within what the SJRWMD considers as "high recharge" areas, therefore will also
be required to meet the District's recharge criteria,
Unnamed Lake #1
This lake is likely a remnant sinkhole in a primarily undeveloped area. Any
development that is to occur within this basin will have to comply with the City's
landlocked basin criteria (retention of the volume produced by a 1 DO-year
frequency, 24-hour duration storm event, to be recovered in 14-days).
Unnamed Lake #2
This lake is likely a remnant sinkhole in a primarily undeveloped area. Any
development that is to occur within this basin will have to comply with the City's
landlocked basin criteria (retention of the volume produced by a 1 DO-year
frequency, 24-hour duration storm event, to be recovered in 14-days).
Lake Blanchard I Lake Bennet
Lake Blanchard, also known as Lake Bennet, is a landlocked lake that is bisected
by SR 50 (West Colonial Drive). At this time there is a minimal amount of
development, however, as this sub-basin develops adherence to the City's
landlocked basin criteria (retention of the volume produced by a 1 DO-year
frequency, 24-hour duration storm event, to be recovered in 14-days) will be
required.
Page 38 of 64
lake Lilly I lake Pearl
The Lake Lilly I Lake Pearl basin is bound on the west by Maguire Road, the
south by Florida's Turnpike, the east by Old Winter Garden Road, and the north
by SR 50 (West Colonial Drive). An open channel interconnects Lake Lilly and
Lake Pearl. The basin is controlled by a single drainage well. Any development
that is to occur within this basin will have to comply with the City's landlocked
basin criteria (retention of the volume produced by a 1 DO-year frequency, 24-hour
duration storm event, to be recovered in 14-days),
South Maguire Road Area
This is the area extending south from the Florida Turnpike to Roberson Road at
the extreme southwest limits of the City of Ocoee. This is a fast developing area,
particularly along the Maguire Road corridor. Historically, during major storm
events water has ponded within this area with some of the water draining west
into Orange County. Current improvements to Maguire Road and the
construction of new developments along the corridor that meet current drainage
and stormwater management standards have greatly reduced the drainage
problems in this basin.
Orange County is also currently studying the Johns Lake Basin, which
encompasses this area of the City. This basin discharges to Black Lake and
ultimately into Johns Lake. SJRWMD views the Johns Lake Basin as
landlocked, therefore, any new development that is to occur within this basin will
have to comply with the City's landlocked basin criteria (retention of the volume
produced by a 1 DO-year frequency, 24-hour duration storm event, to be
recovered in 14-days).
lake Stanley
Lake Stanley is a small landlocked lake within unincorporated Orange County.
Portions of the City of Ocoee discharge to this lake. Orange County is currently
studying Lake Stanley, along with Lake Lucy and Lake Florence. This chain of
lakes is currently controlled by drainage wells in Lake Stanley and Lake
Florence. Any development that is to occur within this basin will have to comply
with the City's landlocked basin criteria (retention of the volume produced by a
1 DO-year frequency, 24-hour duration storm event, to be recovered in 14-days),
which is consistent with Orange County's Subdivision Regulations.
IV. ANALYSIS
Rule 9J-5, Florida Administrative Code, sets forth the State of Florida's
comprehensive planning requirements. Rule 9J-5.011 requires the development
and implementation of levels of service (LOS) for all infrastructures. The
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derivation of a LOS standard for drainage infrastructure has proven to be the
most challenging since stormwater facilities are not based on "capacity per unit of
demand" as described in 9J-5. Traditionally, standards for stormwater
management facilities have been based on both the frequency of rainfall
occurrence or storm event for which protection is provided.
Stormwater planning is the area which local governments have historically done
the least comprehensive planning, The City of Ocoee does not have a complete
inventory and analysis of primary and secondary drainage facilities as
documented in the completed drainage basin studies. Facility capacity,
operational responsibilities and facility life have been determined as part of the
completion of the inventory and analysis of the primary and secondary basins.
The most prominent deficiency in the City's effort to effectively address
stormwater management is the lack of a detailed master drainage plans for each
basin. A city-wide master plan for each sub-basin, which details stormwater
management information at the basin level, would improve the City's ability to
comprehensively plan for system improvements. This master plan shall include a
detailed inventory of all drainage facilities, evaluation of facility conditions,
assessment of replacement and retrofit costs. In addition, the master plan
should compliment the efforts of Orange County and the Water Management
District.
The City implemented a Stormwater Utility Program in October 1991 to fund the
required basin studies, which have since been comoleted. as well as
maintenance oroiects and reaional stormwater oroiects. Recentlv. the stormwater
utilitv fee was increased in order to address increased CIP and maintenance
needs. The City's effort to comprehensively address stormwater and drainage
related issues have been completed, resulting in approved drainage basin
studies that identify existing problems as they pertain to level of service
standards, inventory all drainage facilities and recommend improvements to
elevate the basins to the desired level of service, These completed basin studies
also assisted the City in the review of development plans within the subject basin
to ensure that the design criteria is adhered to and that no adverse drainage
impacts result due to the construction of the development.
The goal of this element is to identify the City's existing level of service on a
basin-by-basin basis consistent with Orange County and the Water Management
District. The City's level of service classification system to evaluate existing
development is based on a 1 DO-year frequency, 24-hour duration storm event.
The interim level of service for new development (100-year/24-hour) and the
level of service for existing facilities could not be defined until completion of the
drainage basin studies. The City also includes Chapter 62-25 FAC (without
exemptions) as performance standards to amplify the LOS standards, The basin
studies were completed by 1999 and an analysis of future improvements were
adopted as a future update to Ocoee's Comprehensive Plan.
Page 40 of 64
V. CONCLUSIONS
The regulations currently existing and enforced by the City of Ocoee, SJRWMD,
and DEP adequately regulate new development in regards to stormwater
treatment/water quality. The regulations also allow the City to manage
stormwater quantity discharges from new development, in basins having positive
outfalls. The current problems arise from two sources, which historically have
not been adequately addressed, The first is areas developed prior to stormwater
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
commitment of both time and money on the part of the governmental bodies
affected. Studies should 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. These
recommendations and associated costs to implement the improvements are
documented in the approved drainage basin studies. The City shall also
cooperate with other government entities that share interests within drainage
basins that cross political boundaries. They may also have to cooperate in
providing funding for the implementation of the selected alternative. The City of
Ocoee currently has a stormwater utility program that helps to fund the City's
stormwater Capital Improvement Program. In addition, the City has routinely
applied for funding from the SJRWMD through their Cost-Share program for
stormwater projects that qualify.
The areas surrounding the landlocked basins that have not yet been developed
can be controlled by strict regulation, Requiring the retention of the volume
produced by a 1 DO-year frequency, 24-hour duration storm event (to be
recovered in 14-days) will provide an adequate measure of flood protection and
is consistent with Orange County standards for landlocked basins. It should be
noted that for the oast twentv vears. this reaulation far exceeds the criteria
necessarv to meet recharae reaulations for SJRMWD. These areas may also
require restrictions on land uses. which contribute additional point and non-point
flow sources to the basin through such improvements as septic tanks and
irrigation. In conclusion, the City shall implement a program of study, regulation,
and construction to achieve the goals and objectives outlined in this section.
In November 2005. the Wekiva Parkwav and Protection Act Reaional Master
Stormwater Manaaement Plan was comoleted bv Camo Dresser & McKee
(CDM). This reoort comoiled the existina conditions. reaulations. and orooosed
oroiects from the basin studies for the 14 communities located in this orotection
zone. The Citv of Ocoee basin study oroiects were identified in this reoort and
Page 41 of64
the Florida Deoartment of Community Affairs has asked that oroiects be adooted
bv reference in the Comorehensive Plan as the final steo of comoliance with the
Wekiva Protection Act. The City olans to adoot these identified maintenance
oroiects.: however. as oreviouslv noted. the City's focus has shifted in recent
years to orioritize reaional stormwater oroiects first. The maintenance related
proiects as identified in the orevious basin studies may alreadv be addressed bv
comoleted or future reaional stormwater oroiects. The reason for the orimarv shift
in focus for the City's stormwater oroaram is based on the need to imolement
water aualitv imorovement oroiects as oart of the NPDES oermittina and the
FDEP TMDL Proaram. The City is committed to continue to fund the oertinent
stormwater maintenance oroiects for imoroved stormwater level of service for the
citizens.
VI. GOALS, OBJECTIVES, POLICIES
GOAL
PRESERVE THE WATER QUALITY OF THE LAKES IN THE CITY OF OCOEE,
PROTECT THE PUBLIC FROM ADVERSE FLOODING EFFECTS DUE TO
STORMWATER RUNOFF AND MANAGE THE SURFACE WATER
COLLECTION, CONVEY ANCE,STORAGE SYSTEMS. AND ENCOURAGE
RECHARGE AREA PROTECTION TO ENSURE PUBLIC HEALTH, SAFETY
AND WELFARE.
Obiective 1
The City shall protect the water quality of surface waters. aroundwater recharae
areas. sorinas. and sorinasheds through the implementation of the following
policies. Performance standards described in Chapter 62-25 FAC, Chapter 62-
302 FAC, Chapter 40C-42, FAC, design standards for the 1 DO-year frequency,
24-hour duration storm event in landlocked basins and other SJRWMD
reaulations. the Lake Aoooka Basin Rule. where aoolicable. and the Wekiva
Parkway and Protection Act (WPPA): Ch. 369.321 (3). F.S.
Policy 1.1
The City shall cooperate with the Florida Department of Environmental
Protection (DEP), S1. John's River Water Management District
(SJRWMD), and Orange County in updating the 1985 Subdivision
Ordinance to maintain concurrence with these agencies.
Policy 1.2
The City shall review commercial site plan and subdivision regulations on
an annual basis to insure that regulations are adequate to protect surface
water quality.
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Policy 1.3
Require new development to comply with Best Management Practices and
the drainage criteria set forth in the 1985 Subdivision Regulations.
Practices include requirements of Chapter 62-25 FAC (without
exemptions), Chapter 40C-42, FAC (without exemptions), and City of
Ocoee design standards for a 100-year frequency, 24-hour duration storm
event in landlocked basins.
Policy 1.4
The City of Ocoee will maintain a level of service standard for water quality
based upon the following minimum design standards: Chapter 62-25 FAC,
Chapter 62-302, FAC and Chapter 40C-42, FAC.
Policy 1.5
The City of Ocoee shall require all new development or redevelopment to
comply with the NPDES Program in accordance with the permit
requirements for the NOTICE OF INTENT TO USE GENERIC PERMIT
FOR STORMWATER DISCHARGE FROM LARGE AND SMALL
CONSTRUCTION ACTIVITIES (Rule 62-621.300(4), F.A.C.), regulated by
the U.S. Environmental Protection Agency (USEPA) and administered by
the Florida Department of Environmental Protection through Section
403.0885, FS, effective Mav 1. 2003. A Notice of Intent (NOI) application
is required to be executed and submitted at least two (2) days prior to
beginning construction. In addition, a Storm Water Pollution Prevention
Plan (SWPPP) will be required as part of the NPDES permit coverage for
construction activities. Upon completion of construction, a Notice of
Termination (NOT) shall be submitted to transfer NPDES permit coverage
to the City's MS4 permit.
Policv 1.6
New develooment will. at a minimum. maintain surface and aroundwater
flow rates and volumes at ore-develooment levels. or enhance recharae
so that the natural function of aroundwater recharae areas is maintained,
or imoroved. New develooment oroiects or exoansion of existina
develooment within the Wekiva Studv Area shall be required to follow best
manaaement oractices for stormwater desian and treatment as described
in "Protectina Florida Sorinas Manual - Land Use Plannina Strateaies and
Best Manaaement Practices" (FDCA and FDEP. November 2002), The
Citv's Land Develooment Reaulations shall be revised to imolement these
best manaaement oractices.
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Policv 1.7
Redevelooment oroiects that result in an increase in imoervious surface
area shall be considered substantial and comolv with all stormwater
reauirements for new develooment.
Policv 1.8
All new develooment. exceot non-substantial redevelooment oroiects.
shall utilize best manaaement oractices in combination as oart of a BMP
treatment train to orotect water aualitv and minimize floodina. BMPs shall
be used in the desian of stormwater manaaement facilities and systems.
The followina stormwater BMPs shall be instituted to reduce nitrate
loadina within the Wekiva Sorinas Overlav Protection District:
a. All rural residential develooment shall use swales with swale blocks
or raised driveway culverts. whenever oossible. exceot when soil.
topoaraohv. or seasonal hiah water conditions are inaporooriate for
infiltration as determined bv a orofessional enaineer licensed in the
State of Florida.
b. Veaetated infiltration areas shall be used to orovide stormwater
treatment and manaaement on all non-urban sites (i.e. oarks.
churches) exceot when soil. toooaraohv. or seasonal hiah water
conditions are inaoorooriate for infiltration as determined bv a
orofessional enaineer licensed in the State of Florida. Desian of
the stormwater systems for non-urban uses shall use bio-retention
areas (below arade veaetated areas) to increase stormwater
treatment and reduce stormwater volume. Downsoouts for non-
urban development shall be directed from the roof to veaetated
swales. where oossible. or directed to the stormwater manaaement
system for treatment.
c. Wet detention svstems shall be used for stormwater treatment and
manaaement onlv if drv infiltration systems are not feasible.
d. Sensitive karst features. includina sinkholes with a direct
connection to the aauifer and stream-to-sink features. shall not be
utilized as stormwater manaaement facilities. Prior to subdivision
aooroval. all deoressions will be investiaated bv a licensed
professional aeoloaist usina a orofessionallv acceotable
methodology for suitabilitv of water retention area usina aenerallv
acceoted aeo-technical practices with an emohasis on identification
of ootential connections to the aauifer. If connections are
determined to exist. the deoression shall not be used for
stormwater retention and the area drainina to this feature under
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ore-develooment conditions shall be oreserved throuah a
conservation easement.
e. All develooment aooroval bv the City of Ocoee shall reauire the
aoolicant to submit to the City of Ocoee a coov of the SJRWMD or
DEP stormwater oermit and the NPDES notice of intent to be
covered bv the construction aeneric oermit orior to any land
c1earina.
f. Karst features with a direct connection to the aauifer will be
identified and olaced in a conservation easement so that they will
be thereafter used solelv for oassive recreation subiect to oermitted
activities in suboaraaraoh (d) herein.
g. All comoonents of the stormwater treatment and manaaement
system shall be owned and maintained bv the resoonsible leaal
entity identified in the SJRWMD or DEP stormwater oermit. tvoicallv
a homeowner or orooertv owners association.
Objective 2
The City shall provide for the elimination of flooding effects resulting from the
concentration of stormwater runoff and flooding due to rising water in new and
existing development through the adoption of the following policies and the
Levels of Service Standards for drainage facilities.
Policy 2.1
Cooperate with the SJRWMD on their rules and regulations with respect to
peak discharge rates reduction and/or control of runoff volumes.
Policy 2.2
Limit post-development runoff rates of runoff to that of pre-development in
open basins and the retention of the volume generated by the 1 DO-year
frequency, 24-hour duration storm event in landlocked basins.
Policy 2.3
Limit development within floodplains and flood hazard areas. Consistent
with Policy 4.3 of the Future Land Use Element, Land Development
Regulations shall ensure flood elevations are not adversely impacted and
water quality of the water body shall not be degraded.
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Policy 2.4
Require compensating flood storage where proposed development will
impact existing floodplains.
Policy 2.5
Review/update commercial site plan and subdivision regulations.
Policy 2,6
The City will continuously plan for and only approve development plans
that are consistent with natural drainage and water storage patterns, as
defined by the various drainage Qasin ~tudies,
Policy 2.7
In new developments a retention or 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. For those new
developments in landlocked basins, retention of the volume produced by
the 1 DO-year frequency, 24-hour duration storm event (with recovery
within 14-days) shall be adhered to.
Policy 2.8
All stormwater management systems within a subdivision shall be
designed and constructed in order to provide adequate flood protection for
all structures and to protect the structural integrity of all roadways.
Policy 2.9
All stormwater management systems shall provide for the safe handling of
all stormwater runoff that flows into, across, and is discharged from a
development without creating any additional flooding to adjacent property
owners.
Policy 2.10
The City shall not accept for dedication any road, street, or facility
constructed within a designated flood hazard area, unless mitigating
measures as identified in the Subdivision Regulations have been installed
by the developer to overcome any identified flood hazard. All measures
Page 46 of 64
installed by the developer must be certified acceptable by the City prior to
project completion.
Policy 2.11
Natural terrain or landscape barriers to flooding shall be preserved during
the land development process.
Policy 2.12
The City shall monitor and update the existing land development
regulations to continue to meet the following criteria:
A. Where economically feasible and physically possible, a non-structural
approach shall be utilized to meet the City's surface water quantity
and quality needs.
B. No greater quantity of runoff will be allowed off-site than occurs under
natural conditions.
C. Stormwater collected in any development must be disposed of in a
manner that will not cause personal or property damage to upstream
and/or downstream property owners.
D. Each phase of any development in question shall exist as an
independent unit capable of having its surface water management
needs met by the drainage system design,
Policy 2.13
The City shall enforce the published 1 DO-year flood elevations for lakes
within Ocoee pursuant to the Flood Insurance Study (FIS) for Orange
County, Florida and Incorporated Areas (effective December 6, 2000) and
the accompanying Flood Insurance Rate Maps (FIRMS) published with
the study.
Policy 2.14
The City shall enforce the surface water management criteria for swales,
open channels and culvert pursuant to Chapter 40C-42, FAC, and the
City's design standards.
Policy 2.15
Retention/detention areas shall be designed and located so as to not
adversely reduce the existing flood storage of the flood plain.
Page 47 of64
Policy 2.16
The stormwater drainage regulations contained in the City land
development code shall provide for protection of natural drainage features
and ensure that future development utilizes stormwater management
systems compatible with the completed and future Master Drainage Plan.
Policy 2.17
The City of Ocoee shall participate in the inter-agency Drainage Well Task
Force. The Task Force shall inventory drainage wells, identify
surrounding land uses, identify potential adverse impacts, prepare a
priority of mitigation actions.
Obiective 3
Existing facility deficiencies will be identified and corrected on a priority basis.
The public health shall be the foremost priority.
Policy 3.1
The City has completed nine (9) of the sixteen (16) drainage basins within
the City limits. The remaining seven (7) lie outside of the City limits, but
accept stormwater from areas within the City. Of the remaining seven (7),
one has been completed by Orange County (Basin 11 - Lake Good
Homes/Rose Hill) and the other six (6) are currently under study by the
County. The deficiencies identified in the completed drainage basin
studies have been summarized and recommendations for improvements
identified and prioritized. These recommendations for improvements have
been placed with the City's Capital Improvement Project.
Policy 3.2
The City Engineer shall maintain a listing of residential subdivisions in the
City which routinely experience flood problems.
Policy 3.3
The City has completed drainage basin studies that identify deficiencies
and prioritize recommended improvements to correct those deficiencies,
which are included in the City's Capital Improvement Program. The City's
Capital Improvement Program shall be revised annually to update any
changes to the program and to report any changes as part of the NPDES
Annual Report.
Page 48 of 64
Policy 3.4
The City adopted a Stormwater Utility Program in 1991 to assist in the
funding of the implementation of drainage and stormwater related
improvements recommended within the Capital Improvement Program.
The City's Stormwater Utility Program shall continue to assist in the
funding of these capital projects identified in the Wekiva Parkwav and
Protection Act Master Stormwater Manaaement Plan Suooort. dated
November 2005. bv dedicatina a soecific dollar amount each vear for the
next twentv (20) vears. beainnina in 2010.
Policy 3.5
All capital improvements recommended from the completed drainage
basin studies have been included and prioritized within the City's Capital
Improvement Proaram and in the Wekiva Parkwav and Protection Act
Master Stormwater Manaaement Plan Suooort. dated November 2005.
The priorities are based on: 1) Flood Protection; 2) Water Quality; 3)
Localized Flooding: and 4) Aauifer Recharae and Protection. The City
shall continue to define drainage and stormwater capital projects based on
this prioritization hierarchy. as well as evaluatina reaional stormwater
oroiects to benefit the water aualitv of Lake Aoooka and other imoaired
waterbodies.
Policv 3.6
The Citv of Ocoee shall suooort the recommendations of the Wekiva
Parkwav and Protection Act Reaional Master Stormwater Manaaement
Plan
Policv 3.7
The maintenance and floodina oroiects identified in the Wekiva Parkwav
and Protection Act Reaional Master Stormwater Manaaement Plan from
the Citv's basin studies shall serve as the basis of construction for an
annual budaetarv allocation as a reaular comoonent of the Citv's
stormwater manaaement svstem and Caoitallmorovements Proaram.
Policv 3.8
The Citv of Ocoee shall incoroorate a master oroiect list from the Wekiva
Parkwav and Protection Act Reaional Master Stormwater Manaaement
Plan into the Inventorv and Analvsis section of the Drainaae Element that
serves as a master oroiect list from which the annual Wekiva Parkwav and
Protection Act Reaional Master Stormwater Manaaement Plan-related
caoital imorovements oroiects shall be selected. known as Table 7a:
Page 49 of 64
Wekiva Parkwav and Protection Act Reaional Master Stormwater
Manaaement Plan Master Proiects List--Ocoee.
Policv 3.9
A. The Citv shall create and annuallv uodate as oart of its Caoital
Imorovements Element. a five vear schedule of oroiects that will identifv
the dedicated fundina sources and those oroiects listed on Table 7a:
Wekiva Parkwav and Protection Act Reaional Master Stormwater
Manaaement Plan Master Proiects List-Ocoee. that are selected for the
five vear schedule.
B. The Citv shall base fundina of anv oroiect. oroaram. or activitv from the
Wekiva Parkwav and Protection Act Reaional Master Stormwater
Manaaement Plan on the followina Criteria:
1. Financial Feasibilitv
2. Flood severitv
3. Recharae ootential
4. Ease of maintenance
5. Public benefit
6. Permittabilitv
7. Construction cost
8. Water aualitv retrofit need
9. Potential oollutant load reduction
C. The Citv has enacted a Stormwater Utilitv Fee oursuant to the
orovisions of Chaoter 150 of the Code of Ordinances of the Citv and
Section 403.089(3), Florida Statutes. The Citv shall use the
Stormwater Utilitv Fee as the primarv fundina source for the
continued imolementation of those oroiects identified in the Wekiva
Parkwav and Protection Act Reaional Master Stormwater
Manaaement Plan that are soecific to the Citv of Ocoee and included
in the Citv's Caoital Imorovements Element. The Citv shall also
continue to focus on the water aualitv oroiects identified in the Plan
within its efforts to comolv with the reaulations of the NPDES. the
Lake Aoooka Basin Rule. and the TMDL oroaram, as well as the
Wekiva Parkwav and Protection Act.
Obiective 4
The City will design a stormwater management program sufficient to
accommodate projected demand through the year 20~0, through the following
policies.
Page 50 of 64
Policy 4.1
The City shall establish a program for the acquisition of drainage rights-of-
way as recommended by the completed drainage basin studies. The City
shall pursue this to comply with the mandates of legal access to drainage
and stormwater management facilities by the City's maintenance staff.
This is an important consideration, since the level of service protection is
directly attributed to the performance and functionality of the City's
drainage and stormwater management system. The execution and
schedule of some of the maintenance oroiects identified in the Reaional
Master Stormwater Manaaement Plan and the Caoital Imorovement Plan
Element mav be deoendent on the acauisition of certain drainage
easements and riahts-of-wav.
Policy 4.2
All stormwater management devices constructed and dedicated to the City
shall be designed so that they can be maintained at a minimal cost to the
taxpayer, as determined by the City.
Policy 4,3
The City shall provide adequate drainage services to maintain the adopted
level of service standards on the following priority basis:
A. The protection and maintenance of the lives and safety of City
citizens.
B. The protection and maintenance of the property within the City.
C. The protection of existing public investment.
D. The protection and due consideration of water quality.
E. The reduction of operating and maintenance costs.
F. The achievement and satisfaction of Regional, State and Federal
regulations.
Policy 4.4
The City of Ocoee shall maintain a level of service standard based on
performance standards as defined in 44 CFR, Parts 59-78 - National
Flood Insurance Program; Chapter 17 62-25, FAC; Chapter 62-302 FAC;
Chapter 40C-42, FAC; and the City's published design standards. The
Page 51 of64
1-
performance standards for water quality shall be in accordance with Class
III recreational waters, as specified in Surface Water Quality Standards
Chapter 62-302, FAC. Secondary drainage collection and conveyance
systems shall adhere to the 10-year frequency storm event, as specified
by the City Codes. Open basins and roadway culvert crossings shall
provide flood protection for a 25-year frequency, 24-hour duration storm
event without overtopping of stormwater management ponds and/or
roadways, Landlocked basins will be required to retain the volume
generated by a 1 DO-year frequency, 24-hour duration storm event, with the
retained volume recovered within a 14-day period following a storm event.
The lowest floor elevation for a habitable and/or insurable structure shall
be established a minimum of one (1) foot above the base (1 DO-year) flood
elevation, as required under 44 CFR National Flood Insurance Program;
and as established in the Flood Insurance Study for Orange County,
Florida and Incorporated Areas (effective December 6, 2000).
Policy 4.5
The City shall utilize all available funding mechanisms for the construction
of capital improvements to the Stormwater Management System~
esoeciallv the Citv's Stormwater Utilitv Fund.
Policy 4.6
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 FDEP TMDL Non-Point Source Reduction Grants
and SJRWMD Cost-Share Grants and anv other sources of fundina that
mav be aoolicable.
Policy 4.7
All stormwater retention/detention systems shall be designed in such a
manner as to prevent the degradation of all surface water bodies to the
fullest extent possible.
Policy 4.8
The LOS standard for existing drainage facilities shall be those shown in
Figure 3.
Obiective 5
The City shall properly manage systems to ensure that they are correctly
designed, constructed and maintained.
Page 52 of 64
Policy 5.1
Review site plans and sub-division plans, with plans to be prepared by a
registered professional engineer in the State of Florida, and review to be
completed by a registered professional engineer in the State of Florida.
Policy 5.2
Review the City's regulations with respect to annual maintenance
requirements, maintenance bonds, etc.
Policy 5.3
Provide annual inspections of installed stormwater systems.
Policy 5.4
Provide inspection and evaluation of new stormwater systems.
Policv 5.6
Provide oro-active illicit discharae insoections of the Citv's storm sewer
svstem.
Obiective 6
The City shall implement the followina twelve (12) listed oolicies identified by the
Reaional Master Stormwater Manaaement Plan (COM, November 2005) that
suooort and oromote the intentions of the Wekiva Parkway and Protection Act
(WPPA): Ch. 369.321 (3)(a), F.S:
Policv 6.1
For sub-basins in the Wekiva Study Area identified with oredicted oercent
increases in oollutant loads between existina and future conditions. the
City of Dcoee shall evaluate the use of controls in addition to what is
alreadv reauired for stormwater treatment bv City reaulations and
permittina aaencies. where most beneficial and where feasible. bv Mav
2010. The tvoes of controls to be evaluated will utilize the Best
Manaaement Practices (BMPs). to include the followina. at a minimum:
. Stormwater Reuse (for reaional sized oroiects)
. Reservoirs/Ponds
. No Net Floodolain Loss
Page 53 of 64
l
. Stormwater Infiltration Basins (SIBs)
. Buffers
. Recharae Rule
. Retention
. Detention
. End-of-Pioe Treatments
. Drainaae Well/Recharae Well and Treatment System
. Aaricultural Non-ooint Source Pollution Manaaement
. Waterwise Landscaoina and Reduced Turf Area
. Public Outreach I Education for Prooer Manaaement and Use of
Fertilizers
Policv 6.2
Bv Mav 2012. the City of Ocoee shall re-evaluate the recommendations
indicated in the Reaional Master Stormwater Manaaement Plan Suooort.
dated November 2005. for the orioritized deficiencies that have not alreadv
been olanned for imolementation or addressed bv caoital oroiects.
Policv 6.3
The City of Ocoee shall continue to monitor its master stormwater
manaaement olan to at a minimum address the reauirements of the Wekiva
Parkway and Protection Act and include the followina comoonents: data
collection. identification of oroblem areas. hvdraulic/hvdroloaic analvsis of
the orimarv stormwater manaaement system. water aualitv.
recommendations and estimated costs for capital imorovements.
Policv 6.4
The City of Ocoee shall evaluate and identify Surface Water Conservation.
Groundwater Protection. and Reuse Manaaement Strateaies caoital
imorovement oroarams identified in the Wekiva Parkway and Protection Act
Master Stormwater Manaaement Plan Suooort. dated November 2005. for
sub-basins receivina a rank of "1" and "2" bv 2010. and imolement
financiallv feasible oroiects bv 2012: evaluate and identify CIPs for sub-
basins receivina a rank of "3" and "4" (or higher) bv 2012. and imolement
financiallv feasible oroiects bv 2017.
Policv 6.5
The City of Ocoee shall evaluate and identify Surface Water Treatment and
Flood Control Manaaement Strateaies caoital imorovement oroarams
identified in the Wekiva Parkway and Protection Act Master Stormwater
Manaaement Plan Suooort, dated November 2005. for sub-basins receivina
a rank of "1" and "2" bv 2010. and imolement financiallv feasible oroiects bv
Page 54 of 64
2012: evaluate and identify CIPs for sub basins receivina a rank of "3" and
"4" (or higher) bv 2012. and implement financiallv feasible proiects bv 2017.
Policv 6.6
Within areas not alreadv served bv reclaimed water. the City of Ocoee shall
identify larae potential users such as parks and recreation areas. The City
shall implement stormwater reuse and irriaation practices where practicable
and financiallv feasible bv 2010. Potential sites shall be evaluated
independentlv on a case-bY-case basis based on actual conditions.
Policv 6.7
The City's land development reaulations shall provide that no subdivision
shall be platted nor shall construction commence for any multifamilv.
commercial. industrial or institutional proiect until the drainaae desian for
such proiect has been approved bv the city enaineerina division. For new
development and re-development proiects. the desian shall meet or exceed
desian standards and the policies and procedures established bv the City of
Ocoee. SJRWMD. and the Department of Environmental Protection. the
Florida Department of Transportation and the desian criteria contained
therein. and shall provide for retention and/or detention of stormwater runoff.
Policv 6.8
The City of Ocoee shall continue to implement stormwater maintenance
and inspection activities. as defined bv the National Pollutant Discharae
Elimination System (NPDES) MS4 permit and bv established proarams
such as. street sweepina. inspections and maintenance of outfalls.
maintenance of catch basins and arates. and maintenance of other
roadside drainaae structures.
Policv 6.9
The City of Ocoee shall continue to implement pro-active stormwater
maintenance and inspection activities. as defined bv the National Pollution
Discharae Elimination System (NPDES) MS4 permit or bv established
proarams, such as illicit discharae screenina for non-stormwater
discharaes of commercial. industrial. and City maintenance yards.
Policv 6.10
As part of the periodic updates to the various drainaae basin studies. the
City shall evaluate improvements to its maintenance proarams based on
the information presented in the Wekiva Parkway and Protection Act
Master Stormwater Manaaement Plan Support. dated November 2005.
Page 55 of 64
and based on the needs of the City once new stormwater caoital oroiects
are constructed.
Policv 6.11
The City of Ocoee shall continue a dedicated fundina source. such as the
stormwater utilitv fee. that can be used for olannina. imolementation and
ooerations and maintenance of reaional oroiects within the Wekiva Study
Area. The City shall continue to fund reaional stormwater oroiects for the
benefit to Lake Aoooka. and then fund the stormwater maintenance
oroiects. as identified in the Wekiva Parkway and Protection Act Master
Stormwater Manaaement Plan Suooort. dated November 2005. over a
twenty-year oeriod. beainnina in 2010.
Policv 6.12
The City of Ocoee shall continue to coordinate with Oranae County and/or
other local aovernments in the Wekiva Study Area. the olannina and
imolementation of reaional (stormwater) oroiects for the Wekiva Study
Area.
Objective 7 (NOTE: 7.1 through 7.6 is included in the submittal to DCA in
the Natural Aquifer Recharge Element Update)
The City shall imolement. in order to minimize the contribution of nitrates to
aroundwater and to foster lona-term stewardshio of the sorinas. soecial desian
and best manaaement oractices (BMPs) shall be instituted for all develooment
within the Wekiva Study Area rWekiva Parkway and Protection Act (WPPA): Ch.
369.321(3). F.S.1.
Policv 7.1
Develooment shall use ioint or shared access to the maximum extent
feasible in order to minimize imoervious surfaces. rwekiva Parkway and
Protection Act (WPPA): Ch. 369.321 (3). F.S.l
Policv 7.2
Non-residential develooment shall use shared oarkina to the maximum
extent oossible in order to minimize imoervious surfaces. All oarkina lots
with 100 or more soaces shall evaluate utilizina uo to twenty (20) oercent
Page 56 of 64
of the oarkina soaces in oervious areas. rwekiva Parkwav and Protection
Act (WPPA): Ch. 369.321 (3), F.S.l
Policv 7.3
Desian of oarkina lots. sidewalks. buildinas and other imoervious surfaces
shall minimize connections between imoervious surfaces throuah
techniaues shown on a site olan such as rWekiva Parkwav and Protection
Act (WPPA): Ch. 369.321 (3). F.S.l:
a. Directina flows from roof drains to veaetated areas or to rain barrels
or cisterns for reuse of water;
b. Directina flows from oaved areas to veaetated areas:
c. Locatina imoervious surfaces so that thev drain to veaetated
buffers or natural areas: and.
d. Breakina uo flow directions from larae oaved surfaces.
Policv 7.4
Porous oavement materials. oervious concrete and oervious asohalt
should be used to minimize the amount of imoervious surface within new
develooment and redevelooment. rWekiva Parkwav and Protection Act
(WPPA): Ch. 369.321(3), F.S.l
Policv 7.5
Drainaae for streets and roads shall be throuah roadside swales and
berms where rural oatterns of develooment are utilized. rWekiva Parkwav
and Protection Act (WPPA): Ch. 269.321(3). F.S.l
Policv 7.6
Commercial and industrial develooment shall be desianed to minimize site
disturbance bv Iimitina c1earina to the minimum area necessarv to
accomolish develooment rWekiva Parkwav and Protection Act (WPPA):
Ch. 369.321 (3). F.S.l:
a. Avoid or minimize the removal of existina trees and veaetation:
b. Minimize soil comoaction bv delineatina the smallest disturbance
areas feasible:
Maximize disconnection of imoervious surfaces to reduce water runoff flows and
increase oooortunities for infiltration.
Policv 7.7
Page 57 of 64
In addition to reauirina minimum level of service standards established bv
the Comorehensive Plan Drainaae Sub-element. the Citv shall ensure that
oost-develooment recharae volume conditions aooroximate pre-
develooment recharae volume conditions within the Wekiva Studv Area
orotection zone. as indicated on the Future Land Use Maos. This shall be
accomplished in the Land Oevelooment Reaulations bv reauirina that the
first three inches of stormwater be retained on site within Tvoe A soil
areas in the Wekiva Protection Zone for basins that have a oositive outfall.
For land-locked basins. retention for the 100-vear 24-hour storm will be
reauired for the entire site. As an alternative for oositive outfall basins. an
aoolicant mav conduct a hvdroloaical survev and site analvsis to
demonstrate that oost-develooment recharae is eaual to or areater than
pre-develooment recharae.
Policv 7.8
Bv Januarv 2010. develoo an educational oroaram. incentive oroaram.
and aoorooriate reaulations to orotect aroundwater suoolv and enhance
the functions of water recharae areas in the Citv of Ocoee Wekiva Studv
Area.
(Amendments to Goals. Obiectives & Policies of the Potable Water Sub-Element)
Obiective 1.6
The City of Ocoee shall perform an update to the ten-year water supply facility
work plan as required under ss,369.321 (4), Florida Statutes=[Wekiva Parkway
and Protection Act (WPPA): Ch. 369.321(3), F.S.]
Policv 1.6.1
The City will complete the update of the ten-year water supply facility work
plan by June Oeto!i}sr 1, 20109. [Wekiva Parkway and Protection Act
(WPPA): Ch. 369.321(3), F.S,]
Policv 1.6.2
In accordance with the uodate of the ten-vear water suoolv facilitv work
olan. the adootion of anv reauired comorehensive olan amendments shall
be completed within six (6) months. For anv future land use mao
amendments adooted orior to the adootion of the 10-vear Water Suoolv
Facilities Work Plan and related comorehensive olan amendments. the
Citv shall demonstrate the availabilitv of water suoolv for a ten-vear oeriod
includina the demand from the future land use mao amendment. This
Page 58 of 64
shall include the anticipated demand resultina from those amendments
and the demand for water suoolv for the arowth anticioated for that same
1 O-vear olannina period. Suoolv shall be based on current resources and
olanned and committed resources in the City's adooted caoital
imorovement schedule. rWekiva Parkway and Protection Act (WPPA): Ch.
369.321 (3). F.S.l
(Amendments to Obiectives & Policies Subsection of the Sanitary Sewer Sub-
Element Goals)
Objective 2.3
The City of Ocoee shall develoo and amend the Comorehensive Plan to adoot a
wastewater facilitv olan meetina the reQuirements of Section 369.320. F.S.
Policy 2.3,1
Bv June 1. 2010. The City of Ocoee shall develoo a wastewater facilitv
plan meetinQ the reQuirements of Section 369.320. F.S.. and. amend the
Sanitary Sewer Sub-element of the Comorehensive Plan to ensure
imolementation of the wastewater facilitv olan consistent with the
requirements of Section 369.320, F.S. rwekiva Parkway and Protection
Act (WPPA): Ch. 369.321(3), F.S.l
(Amendments to Goals, Obiectives & Policies Subsection of the Natural
Groundwater Aquifer RecharQe Sub-Element)
Objective~
The City of Ocoee shall update the Stormwater Sub-element and the Capital
Improvements Element of the Comprehensive Plan bv March 2010. to ensure the
implementation of the master stormwater management plan under ss.
369.321(2), F.S.[Wekiva Parkway and Protection Act (WPPA): Ch.
369.321(3), F.S.]
Policy 3.1
The City shall u~€fato imolement the uodates to the Stormwater Sub-
element and the Capital Improvement Element within six months of the
stioulated settlement aareement based on attor tho complotion of the
regional stormwater management plan as required under ss. 369.319,
F.S.
Page 59 of 64
Policy 3.2
The goals, objectives and policies of the Stormwater Sub-element and the
Capital Improvements Element shall be roviowod (me if needed ghQII 130
ffioeifiod or amended within six months of the stioulated settlement
aareement to roflO€it €lnQngou based on the regional stormwater
management plan. [Wekiva Parkway and Protection Act (WPPA): Ch.
369.321 (3), F.S.]
Policy 3.3
The amendments shall include an assessment of existing problems and
deficiencies together with identification of projects to meet long-range
needs; priorities to address existing deficiencies; measures to address
redevelopment; schedule for completing needed improvements;
evaluation of the feasibility of stormwater resuse; requirements for
inspection and maintenance of facilities; and, funding implementation of
master stormwater plans and maintenance. [Wekiva Parkway and
Protection Act (WPPA): Ch. 369.321(3), F.S.]
Objective 4
As of the effective date of this objective, in order to minimize the contribution of
nitrates to groundwater and to foster long-term stewardship of the springs,
special design and best management practices (BMPs) shall be instituted for all
development within the Wekiva Study Area. [Wekiva Parkway and Protection Act
(WPPA): Ch. 369.321 (3), F.S.]
Policy 4.1
Development shall use joint or shared access to the maximum extent
feasible in order to minimize impervious surfaces. [We kiva Parkway and
Protection Act (WPPA): Ch. 369.321 (3), F.S.]
Policy 4.2
Non-residential development shall used shared parking to the maximum
extent possible in order to minimize impervious surfaces. All parking lots
with 100 or more spaces shall be designed with a minimum of twenty (20)
percent of the parking spaces in pervious areas. [Wekiva Parkway and
Protection Act (WPPA): Ch. 369.321 (3), F.S.]
Policy 4.3
Design of parking lots, sidewalks, buildings and other impervious surfaces
shall minimize connections between impervious surfaces through
Page 60 of 64
techniques shown on a site plan such as [Wekiva Parkway and Protection
Act (WPPA): Ch. 369.321 (3), F,S.]:
e. Directing flows from roof drains to vegetated areas or to rain barrels
or cisterns for reuse of water;
f. Directing flows from paved areas to vegetated areas;
g. Locating impervious surfaces so that they drain to vegetated
buffers or natural areas; and,
h. Breaking up flow directions from large paved surfaces,
Policy 4.4
Porous pavement materials, pervious concrete and pervious asphalt
should be used to minimize the amount of impervious surface within new
development and redevelopment. [Wekiva Parkway and Protection Act
(WPPA): Ch. 369.321 (3), F.S.]
Policy 4.5
Drainage for streets and roads shall be through roadside swales and
berms where rural patterns of development are utilized. [Wekiva Parkway
and Protection Act (WPPA): Ch. 269.321 (3), F.S.]
Policy 4.6
Commercial and industrial development shall be designed to minimize site
disturbance by limiting clearing to the minimum area necessary to
accomplish development [Wekiva Parkway and Protection Act (WPPA):
Ch. 369.321 (3), F.S,]:
c. Avoid or minimize the removal of existing trees and vegetation;
d. Minimize soil compaction by delineating the smallest disturbance
areas feasible;
e. Maximize disconnection of impervious surfaces to reduce water
runoff flows and increase opportunities for infiltration.
Policv 4.7
In order to be consistent with the Citv's Drainaae Sub-Element of the
Comprehensive Plan. the followina policv is added. All new development.
except non-substantial redevelopment proiects. shall utilize best
manaaement practices in combination as part of a BMP treatment train to
protect water aualitv and minimize floodina. BMPs shall be used in the
desian of stormwater manaaement facilities and svstems. The followina
stormwater BMPs shall be instituted to reduce nitrate loadina within the
Wekiva Sprinas Overlav Protection District:
h. All rural residential development shall use swales with swale blocks
or raised drivewav culverts, whenever possible. except when soil.
topoaraphv. or seasonal hiah water conditions are inappropriate for
Page 61 of 64
infiltration as determined bv a orofessional enaineer licensed in the
State of Florida.
I. Veaetated infiltration areas shall be used to orovide stormwater
treatment and manaaement on all non-urban sites (i.e. oarks.
churches) exceot when soil. toooaraohv. or seasonal hiah water
conditions are inaoorooriate for infiltration as determined bv a
orofessional enaineer licensed in the State of Florida. Desian of
the stormwater systems for non-urban uses shall use bio-retention
areas (below made veaetated areas) to increase stormwater
treatment and reduce stormwater volume. Downsoouts for non-
urban develooment shall be directed from the roof to veaetated
swales. where oossible. or directed to the stormwater manaaement
system for treatment.
J. Wet detention systems shall be used for stormwater treatment and
manaaement onlv if drv infiltration systems are not feasible.
k. Sensitive karst features. includina sinkholes with a direct
connection to the aauifer and stream-to-sink features. shall not be
utilized as stormwater manaaement facilities. Prior to subdivision
aooroval. all deoressions will be investiaated bv a licensed
orofessional aeoloaist usina a orofessionallv acceotable
methodoloav for suitabilitv of water retention area usina aenerallv
acceoted aeo-technical oractices with an emohasis on identification
of ootential connections to the aauifer. If connections are
determined to exist. the deoression shall not be used for
stormwater retention and the area drainina to this feature under
pre-develooment conditions shall be oreserved throuah a
conservation easement.
I. All develooment aooroval bv the City of Ocoee shall reauire the
aoolicant to submit to the City of Ocoee a coov of the SJRWMD or
DEP stormwater oermit and the NPDES notice of intent to be
covered bv the construction aeneric oermit orior to any land
c1earina.
m. Karst features with a direct connection to the aauifer will be
identified and olaced in a conservation easement so that they will
be thereafter used solelv for oassive recreation subiect to oermitted
activities in suboaraaraoh (d) herein.
n. All comoonents of the stormwater treatment and manaaement
system shall be owned and maintained bv the resoonsible leaal
entity identified in the SJRWMD or DEP stormwater oermit. tvoicallv
a homeowner or orooertv owners association.
Page 62 of 64
Policv 4.8
In addition to reauirina minimum level of service standards established bv
the Comprehensive Plan Drainaae Sub-element. the Citv shall ensure that
post-development recharae volume conditions approximate pre-
development recharae volume conditions within the Wekiva Studv Area
protection zone. This shall be accomplished in the Land Development
Reaulations bv reauirina that the first three inches of stormwater be
retained on site within Tvpe A soil areas in the Wekiva Protection Zone for
basins that have a positive outfall. For land-locked basins. retention for the
100-vear 24-hour storm will be reauired for the entire site. As an
alternative for positive outfall basins. an applicant mav conduct a
hvdroloaical survev and site analvsis to demonstrate that post-
development recharae is eaual to or areater than pre-development
recharae.
Policv 4.9
Bv Januarv 2010. develop an educational proaram. incentive proaram.
and appropriate reaulations to protect aroundwater supplv and enhance
the functions of water recharae areas in the Citv of Ocoee Wekiva Studv
Area.
(Amendments to Goals. Obiectives & Policies of the Capital Improvements
Element)
IV. GOALS, OBJECTIVES, AND POLICIES
GOAL
TO MANAGE THE PROVISIONS OF CITY INFRASTRUCTURE THROUGH
SOUND FISCAL POLICIES SO AS TO MEET THE NEEDS OF EXISTING
AND FUTURE RESIDENTS AND BUSINESSES AND TO IMPLEMENT THE
COMPREHENSIVE PLAN
Obiective 1
Based on the identification of facility needs and Level of Service (LOS) standards
contained in the other elements of this plan, the city shall develop and annually
Page 63 of 64
review and revise a program of capital improvements designed to meet existing
deficiencies, to meet the needs for future growth and to provide for replacement
of obsolete or worn-out facilities.
Policv 1.0
The Citv will comolete the annual uodate of the Caoital Imorovements
Element bv March. 2010. as reauired bv the stioulated
settlement aareement and continue to uodate the schedule annuallv bv
December 1. oursuant to Section 163.3177(3). F.S.
Policy 1.1
The following LOS standards identified in the other elements of this plan
shall be used in implementing plans and programs for capital
improvements and in coordinating land development with provision of
adequate public facilities:
A. Park and Recreation Facilities: 4 acres per 1,000 residents.
B. Roads - Collectors, Arterials, Limited Access Facilities: LOS Standard
D at peak hour.
C. Sanitary Sewer: 270 gallons per day per equivalent residential unit
(ERU).
D. Solid Waste: 6.0 pounds per capita per day.
E. Drainage: 1 00-year/24-hour duration storm event (with recovery within
14 days) that is consistent with Chapter 62-25, 62-302, and 40C-42
FAC, without exemptions.
F. Potable Water: 300 gallons per day per ERU.
Page 64 of 64
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST
Governor
THOMAS G. PElHAM
Secretory
March 9, 2007
The Honorable Scott Vandergrift, Mayor,
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761
Dear Mayor Vandergrift:
The Department of Community Affairs (Department) has completed its review of the
Comprehensive Plan Amendment adopted by the City ofOcoee through Ordinance Number
2007-002 (DCA reference No. 07-WSAl), on January 16,2007. The Department has determined
that the amendment does not meet the requirements of Chapter 163, Part II, Florida Statutes,
(F.S.), for compliance, The Department is issuing a Notice of Intent to find the amendment "not
in compliance," The Notice of Intent has been sent to the Orlando Sentinel, Orange County
Edition, for publication on March 12,2007,
Please note that a copy of the City ofOcoee's adopted Comprehensive Plan Amendment,
the Notice oflntent and Statement oflntent must be available for public inspection Monday
through Friday, except for legal holidays, during normal business hours, at the Community
Development Department, Planning Division, 150 North Lakeshore Drive, Ocoee, Florida
34761. Please be advised that Section 163.3184(8)(c)2" F,S" requires a local government having
an Internet site to post a copy of the Department's Notice oflntent on the Internet within 5 days
after receipt of the mailed copy of the agency's Notice oflntent.
The Notice of Intent and the Statement of Intent will be forwarded to the Division of
Administrative Hearings for the scheduling of an administrative hearing pursuant to Section
120.57, F,S, The issues raised in the attached Statement oflntent concern the failure of the
amendment to address the requirements of the Wekiva Parkway and Protection Act regarding the
master stormwater management plan, water supply facility plan and land use strategies to
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: htto://www.dca.state.fl.us
CRITICAL STATE CONCERN FIELD OFFICE
2796 Overseas Highway, Suite 212
Marathon. FL 33050-2227
(305) 289-2402
COMMUNITY PLANNING
2555 Shumard Oak Boulevard
Tallahassee. FL 32399-2100
(850) 488-2356
EMERGENCY MANAGEMENT
2555 Shumard Oak Boulevard
Tallahassee. FL 32399-2100
1850) 413-9969
HOUSING & COMMUNITY DEVElOPMENT
2555 Shumard Oak Boulevard
Tallahassee. FL 32399-2100
(850) 488-7956
The Honorable Scott, Vandergrift
March 9, 2007
Page Two
optimize open space and promote a pattern of development that protects the most effective
recharge areas, karst features, and sensitive natural habitats,
The City is commended for its effort to provide for a better quality of life for its citizens
and those of the East Central Florida Region through implementation of the Wekiva Parkway
and Protection Act. The Department is prepared to work closely with the City as it further
addresses the requirements of this Act.
If you have any questions, please contact Caroline Knight, Senior Planner, at (850) 922-
1773, or Leslie Bryson, Assistant General Counsel, at (850) 488-0410,
Sincerely,
Michael McDaniel
Chief, Comprehensive Planning
Enclosure:
Notice of Intent
Statement of Intent
cc: Mr. Russell Wagner, Community Development Director, City of Ocoee
Mr, Phil Laurien, Executive Director, East Central Florida Regional Planning Council
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
IN RE: CITY OF OCOEE
COMPREHENSIVE PLAN
AMENDMENT
ADOPTED BY ORDINANCE 2007-002
)
)
) Docket No, 07-WSAI-NOI-4810-(A)-(N)
)
STATEMENT OF INTENT TO FIND
COMPREHENSIVE PLAN AMENDMENT
NOT IN COMPLIANCE
The Florida Department of Community Affairs, pursuant to Section 163 .3184( 1 0),
Florida Statutes (F,S,), and Rule 9J-l1.012(6), Florida Administrative Code (F,A,C.), hereby
issues this Statement of Intent to find the Comprehensive Plan Amendment ("Amendment")
adopted by the City of Ocoee in Ordinance Number 2007-002 on January 16, 2007 "not in
compliance," as defined in Section 163.3184(1)(b), F,S" and not consistent with Sections
163,3177,369.319,369,321 and 369.323, F,S" the State Comprehensive Plan, and Chapter 9J-5,
F.A.C" for the following reasons:
I. Wekiva Parkway and Protection Act Plan Amendments
A. Inconsistent provisions:
The Amendment is intended to address a portion of the requirements of the Wekiva
Parkway and Protection Act (Chapter 369, Part Ill, F,S.), The Wekiva Parkway and Protection
Act (Wekiva Act) establishes the Wekiva Study Area (WSA) in which the local governments
within this area must implement the requirements of the Act. The City of Ocoee is located within
- 1 -
the WSA. The inconsistent provisions of these portions of the Amendment under this subject
heading are as follows:
1. Land Use Strategies
Pursuant to Section 369,321, F,S" each local government located within the WSA is
required to amend its comprehensive plan for those portions of its jurisdiction located within the
WSA to establish land use strategies that optimize open space and promote a pattern of
development on a jurisdiction-wide basis to protect the most effective recharge areas, karst
features, and sensitive natural habitats including Longleaf Pine, Sand Hill, Sand Pine, and Xeric
Oak Scrub.
Plan amendments must be based upon relevant and appropriate data and analysis pursuant
to Section 163.3177(8), F.S., and Rule 9J-5,005(2)(a) and (2)(c), F,A.C, To be "based on" data
means to react to it in an appropriate way and to the extent necessary indicated by the data
available on that particular subject at the time of adoption of the plan amendment at issue.
The Amendment is not consistent with the requirements of the Wekiva Act and the
planning requirements of Chapter 163, Part II, F.S" and Rule 9J-5, F.A.C, The adopted policies
do not contain appropriate strategies, based on supporting data and analysis, to optimize open
space and promote a pattern of development to protect the natural resources, The Amendment
does not contain plan policies, supported by data and analysis, that optimize open space for the
lands within the WSA. The Amendment is not an appropriate reaction to the data and analysis
regarding the WSA,
The definition of open space as contained in the adopted Data and Analysis allows
storm water management areas, which follow best management practices as specified in
Objective 4 of the Natural Groundwater/Aquifer Recharge Sub-element, to be included as open
- 2-
space. However, the criteria contained in the best management practices in Objective 4 do not
adequately contribute to the protection of the most effective recharge areas, karst features and
sensitive natural habitats. Therefore, the definition of open space in the Data and Analysis is not
an appropriate reaction to the data for the WSA and does not optimize open space and promote a
pattern of development to ensure the protection of most effective recharge areas, karst features,
and sensitive natural upland habitat as required in Section 369.321(3), F.S.
Additionally, Future Land Use Element Policy 7.7.1 requires a minimum of twenty percent
open space only for large scale development or redevelopment of greater than ten acres located
within the WSA but outside the Community Redevelopment Area. The percentage of set aside
open space in Policy 7.71, in conjunction with the open space definition adopted in the Data and
Analysis, does not optimize open space and promote a pattern of development on a jurisdiction-
wide basis that affords protection to the most effective recharge areas, karst features, and
sensitive natural habitats. Therefore, the Amendment is inconsistent with the Wekiva Act. The
Amendment does not react appropriately to the data and analysis.
2. Master Storm water Management Plan
The Wekiva Act provides that local governments within the WSA "shall develop a
master stormwater management plan," consistent with the requirements of Section 369.319, F.S.
Additionally, pursuant to Section 369.321, F. S., the City ofOcoee was required, by January L
2006, to amend the appropriate elements of its comprehensive plan, including the capital
improvements element, to ensure implementation of the master storm water management plan.
(emphasis added).
Instead of adopting amendments to the appropriate elements of the City's comprehensive
plan to implement the required master stormwater management plan, the City adopted Natural
- 3-
I
Groundwater Aquifer Recharge Sub-element Policy 3.1, which requires updates to the
Stormwater Sub-element and the Capital Improvements Element "within six months after the
completion of the regional stormwater management plan." Not only has this date come and
gone since the regional stormwater management plan was completed in November 2005, but the
City has not, to date, amended the appropriate elements of its plan to ensure implementation of
the master storm water management plan.
The City also adopted Natural Groundwater Aquifer Recharge Sub-element Policy 3.2,
which requires review of the Stormwater Sub-element and the Capital Improvement Element to
address changes based on the regional stormwater management plan. However, the City has not
amended its plan to address the recommendations of the regional storm water management plan.
Moreover, the City has not yet amended its Stormwater Sub-element and its Capital
Improvements element to ensure implementation of the master stormwater management plan as
required by Section 369.321, F .S.
These amendments do not address the requirements of the Wekiva Act for
implementation of a master storm water management plan by January 1, 2006. Therefore, the
Amendment is inconsistent with requirements of the Wekiva Act and is not "in compliance" as
that term is defined in section 163.3 1 84(l)(b), F.S.
3. Water Supply Facility Work Plan
Pursuant to section 369.321(4), F.S., the City ofOcoee was required, by December 1,
2006, to amend its comprehensive plan to include an up-to-date 1 O-year water supply facility
work plan for building potable water facilities that are necessary to serve existing and new
development and for which the City is responsible. Additionally, the City must amend
-4-
appropriate elements of the City's Comprehensive Plan to ensure implementation of the water
supply facility work plan. Potable Water Sub-element Policy 1.6.1 adopts the requirement for an
updated ten-year water supply facility work plan by December 1,2006. Potable Water Sub-
element Policy 1.6.2 adopts the requirement that the plan amendments addressing the ten-year
water supply facility work plan be adopted by December I, 2006. However, to date, the 10-year
water supply facility work plan has not been adopted by the City. Additionally, contrary to
Section 369.321(4), F.S., the City has not amended its comprehensive plan to include the up-to-
date water supply facility work plan. The Amendment is therefore inconsistent with requirements
of the Wekiva Act. The Amendment is not based upon relevant and appropriate data and
analysis.
4. Exclusion of Community Redevelopment Area from WSA
Future Land Use Element Policy 4.3 excludes the section of the Community
Redevelopment Area (CRA) that is located within the WSA from the requirements of the
Wekiva Act. The exclusion of the CRA without a strategy for protection does not optimize open
space and promote a pattern of development on a jurisdiction-wide basis to contribute to the
protection of the most effective recharge areas, karst features and sensitive natural habitats. The
exclusion of the CRA from the WSA is inconsistent with the Wekiva Act, specifically Section
369.316, F.S., which defines the land area for the Wekiva Study Area.
Therefore, for all of the reasons set forth above, the Amendment is inconsistent with the
following provisions: Sections 163.3177(1), (2), (8), and (10)( e), l63.3177(6)(a), (c), (d), and
(e), 369.316, 369.319, and 369.321, F.S., and Rules 9J-5.005(1)(c)1., and 5., 9J-5.005(1)(e), 9J-
5.005(2), (5), and (6), 9J-5.006 (3), and (4), 9J-5.ll(1) and (2), 9J-5.0l3(1) and (2), F.A.C..
- 5-
B. Recommended remedial actions:
These inconsistencies may be remedied by taking the following actions: (1) Revise the
definition of open space to exclude stormwater management areas, or if stormwater management
areas are to be included as open space, revise the stormwater best management practices as
contained in Objective 4 of the Natural Groundwater/Aquifer Recharge Sub-element of the
Comprehensive Plan to contain adequate criteria for surface and ground water protection
consistent with the Wekiva Act; (2) Adopt the revised definition of open space as plan policy; (3)
Rescind Future Land Use Element Policy 4.3; (4) Revise Future Land Use Element Policy 7.7.1
to adopt plan policy, appropriately supported by data and analysis, establishing a meaningful and
predictable percentage of open space that is required within the WSA in order to optimize open
space and promote a pattern of development on a jurisdiction-wide basis that protects the most
effective recharge areas, karst features, and sensitive natural upland habitats; (5) Adopt the
specific recommendations for the City of Ocoee of the regional master storm water management
plan prepared for the WSA (regional master stormwater management plan entitled "Wekiva
Parkway and Protection Act Master Stormwater Management Plan Support - Final Report,"
November 2005); (6) Adopt an up-to-date 10-year water supply facility work plan; (7) Amend
the appropriate elements of the comprehensive plan (goals, objectives, and policies), including
the capital improvements element, supported by data and analysis, to appropriately address the
recommendations of the WSA regional master stormwater management plan and to ensure
implementation of the master stormwater management plan; (8) Amend the goals, objectives and
policies of the appropriate elements of the comprehensive plan, such as the Potable Water Sub-
element and the Capital Improvements Element, to update the ten-year water facility supply
-6-
work plan for building potable water facilities necessary to serve existing and new development
and for which the City of Ocoee is responsible.
II. Consistency With The State Comprehensive Plan
A. Inconsistent provisions:
The Amendment is inconsistent with the State Comprehensive Plan goals and policies set
forth in Section 187.201, F.S., including the following provisions:
1. Land Use. The Amendment is inconsistent with the Goal set forth in Section
187.201(15), F.S., and the Policies set forth in Section 187.20l(15)(b)5, F.S.
2. Water Resources. The Amendment is inconsistent with the Goal set forth in Section
187.201(7), F.S., and the Policies set forth in Sections l87.20l(7)(b)1, 2, 5, 9, 10, and 12, F.S.
3. Natural Systems and Recreational Lands. The Amendment is inconsistent with the Goal
set forth in Section 187.201(9), F.S., and the Policies set forth in Sections 187.20l(9)(b)1, and 3,
F.S.
4. Plan Implementation. The Amendment is inconsistent with the Goal set forth in Section
187.201(25), F.S., and the Policies set forth in Section 1 87.20l(25)(b)3, 5, and 7, F.S.
B. Recommended remedial action:
These inconsistencies may be remedied by revising the Amendment as described above
in Section I.
CONCLUSIONS
1. The Amendment is not consistent with the State Comprehensive Plan;
2. The Amendment is not consistent with Chapter 9J-5, F.A.C.;
-7 -
3. The Amendment is not consistent with the requirements of Chapter 163, Part II,
F.S., and Chapter 369, Part III, F.S.;
4. The Amendment is not "in compliance," as defined in Section 163.3184(1 )(b),
F.S.; and
5. In order to bring the Amendment into compliance, the City may complete the
recommended remedial actions described above or adopt other remedial actions
that eliminate the inconsistencies.
Executed this ninth day of March, 2007, at Tallahassee, Florida.
Michael McDaniel
Chief, Comprehensive Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
-8-
Orlando Se!ltinel
T"K"TT T ..&. nn_r
'~.:i .
CiTY OF OCOE,E: w THURSDAY,
." '~:N6ticE OFPUBUC.qHEARING--~ .'
" -;lFOl THE'C:OMPREH ENSIVEPLAN
;i ii ~i~AMENDMENTSREQUIRED BY THE
~;;~;WEKivA~'PARKWAY:AND PROTECTION
:~~; fJ~Gf?I'N::ACCORDANCEWITH PART III
; ..~ :IQ.[CHAP'TER 369 ~ FLORI DA'STATUTES
, ;: ':N~ICnS HEREBY GIVEN, pursuani'IO Chapters 163 & '166, Florida Sta1ut'l, and Sumedions '.B, 1.10, and 5.9 of
. :1h,'O..eiLnnd Oevelopm'nt Cod, tha1 an TUESDAt DECEMBER 15,2009 AT 7:15 P.M. or a' soon thereaher III
procti..l, the cm COMMISSION will hold a PUBUC HEARl NG a1lhe City of Ocoee Commi"ion Chamben, 150 NoNh
Lake,hare Driv,; Otoee,Floiida, 10 (Ql1lider the adoption 01 Ordinen" 2009.033,thereby adopting ComprehensiVe Plan
Amendmenll relaled 10 the Weki,a Parkvioy and Prolectian Act. ,: ~, '.' ' '.
ORDINANCE NO. 2009,033 . .
. AN.ORDINANCE OF THE CITY OF OCOEE, FLORIDA ADOPTING A REMEDIAL PLAN AMENDMENT TO THE
:OCOEE COMPREHENSIVEPLAIiAS ADOPTED 1991, AS AMENDED, PUR5DANT TO A STIPULATED SmLEMENT
AGREEMENT WITH THE' DEPARTMENT OF COMMUNITY AFFAIRS IN ORDER TO CO~'PLY: WITH THE
WEKIVA PARKWAY AND PROTECTION ACT; AMENDING ORDINANCE NO. 2007.002 IN ORDER TO REMEDY
INCONSISTENCIES FOUND BY THE DEPARTMENT OF COMMUNITY AFFAIRS IN ITS STATEMENT OF INTENT
TO FIND ..coMPREHENSM PlAN AMENDMENT NOT IN COMPLIANCE AND THEREBY BRING ORDINANCE
N.o..~007.02 INTO COMPLIANCE; AMENDING THE OCOEE COMPREHENSM PLAN AND ORDINANCE NO.
2007.02!lY AMENDING PORTIONS OF THE FOLLOWING SECTIONS: FUTURE LAND USE ELEMENT; DRAINAGE
SU~,ELEMENT; POTABij WATER SUB.ELEMENT; SANITARY SEWER 5UB.ELEMEtI~ NATURAL GROUNDWATER
:AQUlFER . RECHARGE SUB.ELEMErlT; CAPITAL IMPROVEMENTS ELEMENT; IDENTlmNG OPEN SPACE
-CONSERVATION AND NATURAL AREAS WITHIN THE cnrs COMMUNITY REDEVELOPMENT AREA; PROVIDING
FOR,CONFLlm; PROVIDING FOR SEVERABILlT't PROVIDING FOR AN EFFECTIVE DATE,
The pO~D;ol the City of Oc~;e.witi,i; ~e W,ki,. Study Ar...(WSA), and subject 10 the ~rapoled am,ndmenll h idenlified
in the mop below. The "OIs.ha1m,d areo in the southeartern poNian of the Gty h not wtlhin the WS~, and nol ,ubiect
10 the prapOled omendmenll. ;' .' . '. . .
.__ -~: 1 ~{J ni
till :
If ~
tEO
f.'~
:' ~l i
. !L
. j i~ en
. if!
~n
'.
':".t.
The (j~ Commi15ion may ~nti~~e 'Ih, public h;o,ing ',0 other dol" o~d timel, 01 il d..ms ne""ary. Any inlerert,d
poTty shall be advi"d of Ih, dol", lim", ano plallll 01 any [Ontinua1ion of thele ar [Onlinued public hearings shall be
onnoullled during the hearing and no luNher n~ire' regording th", mott'n will be published.
Th... compr~hensiveplan amendmenll and the a~oci'ated dolo and onalY'iI inay be inspected al the O"ee Development
SeryiDll O,partm,nIJPlanning Oiyhianlotaleo 01150 NoNh Lok"hore Drive, Ocoee, Florido between the hours 01 B,OO
a.m. and.~OO p.m., Monday through Fridoy, excepllegol holioay<. .
Intererted'purti" may app,ar .rtlhe eilher of Iheabove public heoring' and be h,ard wtlh r"pertto the propOled octions.
rau are adviied Iha1 ony pmon who desires 10 appool ony deci,ion mode. allhe public hooring' will n..d a retard 'of the
proce.ding' and lar thi, purpolemoy need 10 enlUre tha1 a verbatim re"rd ollhe proce,ding' j, made Ylhich indud" Ihe
.ternmony.a~d evid,nre upon whirh the appeo'}, baled
. Perions with di;abllities n..ding a"istonre 10 paNicipate in any 01 these proceedings ,hauld "nlort'the City (jerk', Oliice
4B hours in odvonce'al the m..ting at 407.905.3105.. .
Beth Eik,nb:rry, Oty (I,", Publish Dale, D;rember 3,2009 .
DECEMBER 3, 2009
~
.,.
GS
L