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HomeMy WebLinkAbout06-08-2010 Agenda Packet_.. —f r, _ Mayor S. Scott Vandergrift City Manager Robert Frank PLANNING AND ZONING COMMISSION (LOCAL PLANNING AGENCY) Commissioners Gary Hood, District 1 Rosemary Wilsen, District 2 Rusty Johnson, District 3 Joel Keller, District 4 June 8, 2010 AGENDA 7:00 PM I. JOINT MEETING WITH OCOEE COMMUNITY REDEVELOPMENT AGENCY BOARD A. CRA TARGET AREAS SPECIAL DEVELOPMENT PLAN PUBLIC HEARING 1. Ocoee Land Development Code Amendment — Ordinance #2010- II. ADJOURNMENT OF JOINT MEETING I. PLANNING AND ZONING COMMISSION CALL TO ORDER A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum II. CONSENT AGENDA C. Minutes of the Planning and Zoning Commission Regular Meeting held April 13, 2010 III, OLD BUSINESS IV. NEW BUSINESS A. RT OCOEE. LLC 1. Rezoning B. 10-YEAR WATER SUPPLY FACILITIES WORK PLAN 1. Proposed Comprehensive Plan Amendments V. MISCELLANEOUS A. Project Status Report B. June Calendar VI. ADJOURNMENT O:\P & Z\Agendas\2010\June 8, 2010 P & Z Agenda.doc PUBLIC HEARING SENIOR PLANNER HOWELL PUBLIC HEARING PRINCIPAL PLANNER RUMER NOTE: Regular Planning and Zoning Commission meetings take place on the second Tuesday of every month at 7:00 pm in the Ocoee Commission Chambers in City Hall unless otherwise advertised. Any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes testimony and evidence upon which the appeal is based. More than one Commissioner may participate or hear discussions regarding a matter which will come before the Commission for action. Also in accordance with Florida Statue 286.26: Persons with disabilities needing assistance to participate in any of these proceedings should contact the Office of the City Clerk, 150 North Lakeshore Drive, Ocoee, FL 34761 (407) 905-3105, 48 hours in advance of the meeting. City of Ocoee - 150 N Lakeshore Drive - Ocoee, Florida 34761 phone: (407) 905-3100 - fax: (407) 656-8504 • www.ocoee.org SPECIAL ITEM JOINT MEETING OF OCOEE PLANNING AND ZONING COMMISSION AND OCOEE COMMUNITY REDEVELOPMENT AGENCY BOARD PUBLIC HEARING C RA TARGET AREAS SPECIAL DEVELOPMENT PLAN Ocoee Land Development Code Amendment — Ordinance #2010- She Center of Good Lipp STAFF REPORT DATE: June 8, 2010 TO: Ocoee Planning & Zoning Commission (LPA) FROM: Russ Wagner, CRA Administrator THROUGH: Craig Shadrix, Development Services Director SUBJECT: CRA Target Areas Special Development Plan Land Development Code Amendment, Ordinance # 2010 - Commission District 3 — Rusty Johnson Issue: Should the Planning and Zoning Commission, acting as the Local Planning Agency (LPA), recommend approval of an amendment to the Land Development Code to establish the CRA Target Areas Special Development Plan and find such amendment to be consistent with the Ocoee Comprehensive Plan and further recommend that the Official City Zoning Map be changed to reference the existence of special development standards and prohibited uses within the CRA Target Areas? Background: In order to implement the goals identified for the Ocoee Community Redevelopment Area (CRA), the CRA Board budgeted funds to hire a consultant to assist in the development of an Overlay Plan. In June of 2009, a contract was entered into with Glatting, Jackson, Kercher & Anglin (now AECOM) to initiate a visioning process. This process would lead to the creation of a Regulating Plan which would guide growth within the CRA and certain areas adjacent thereto which were included in the original blight study, but which are not located within the CRA. As visioning unfolded, three primary target areas were identified which offered the greatest potential for development to meet the overall objectives of the Ocoee CRA Redevelopment Plan. The CRA Target Areas are located within the Minorville and Lake Bennet Activity Centers. The attached CRA Target Areas Special Development Plan is the culmination of many months of work with local stakeholders, land owners, developers, local businesses, hospital staff, and City officials to create a planning guide encapsulating a shared vision for new growth. This process creates a vision and provides an interim mechanism that may be used to allow quality development to occur within the Target Areas prior to execution of a true form -based code. Discussion: Throughout the creative process of the plan, staff and the consultants have worked diligently to secure input from a wide range of citizens to help form the overall vision for the CRA. Of significant importance, the project team has held numerous input and update meetings with key landowners within each target area to solicit guidance and feedback. In addition to the development of a framework plan which sets broad parameters for growth, each Target Area Plan exhibits unique characteristics which are site specific and which fit the needs of the owners. Target Area 1 exhibits the most structured development pattern and offers the highest potential for urban forms or mixed use, multi -story development. A precise system of internal roadways, which take into account land ownership lines and future transportation network needs, creates a block system promoting intensive development. Target Area 2 provides for a hybrid form of growth with a more suburban pattern proximate to S.R. 50 and Bluford Avenue with a higher order of urban blocks promoted for the remainder of the area. The centerpiece Maine Street extension will extend from Bluford Avenue over to Maguire Road to open this area up for more intensive mixed -use development. Target Area 3 is the Health Central Hospital site which contemplates a structured roadway system offering a more predictive pattern of development while also opening the site to a wider variety of hospital -related uses. This plan contemplates that a more precise master plan may be developed over time as hospital functions are better defined. While the CRA Target Areas depicted portions of unincorporated Orange County, any such lands located within unincorporated Orange County will only be subject to the CRA Target Areas Special Development Plan and the proposed Ordinance upon annexation into the corporate limits of the City. The CRA Target Areas Special Development Plan also looked at the uses which are currently permitted within the CRA Target Areas based on the existing underlying zoning and evaluated whether any such uses are incompatible with the goals and objectives of the CRA Target Areas Special Development Plan. Certain incompatible uses were identified and are proposed to be prohibited within the CRA Target Areas. The specific prohibited uses are set forth in the CRA Target Areas Special Development Plan and the proposed Ordinance. Additionally, a proposed land use within the CRA Target Areas which is inconsistent with the underlying zoning may be permitted if it is determined by the City that such use is compatible with surrounding development and imposes no impacts on City infrastructure greater than that generated by other uses normally permitted in the underlying zoning district. As noted, the CRA Target Areas are located within Activity Centers previously adopted by the City Commission. As a result, land use entitlements within the CRA Target Areas may be horizontally and/or vertically mixed between parcels upon agreement of the landowner and the City. The adoption of the proposed Ordinance will change the Official City Zoning Map by showing the CRA Target Areas on the map with a reference to the existence of the special development standards. The Community Development Director will be charged with interpreting all issues related to potential conflicts between the CRA Target Areas Special Development Plan and the Land Development Code. Decisions of the Director may be appealed to the DRC and decisions of the DRC may be appealed to the City Commission. Consistency with Comprehensive Plan: The CRA Target Areas Special Development Plan is consistent with a variety of Comprehensive Plan goals and policies pertaining to mixed and multi -use development within activity centers as previously established by the City along the S.R. 50 corridor. It is also consistent with provisions contained within the Ocoee Land Development Code and is supplemental to plans previously adopted by the City. The attached Consistency Determination identifies all provisions in the Comprehensive Plan and Land Development Code which support the CRA plan. No Effect on Existing Agreements and Approved Plans The CRA Target Areas Special Development Plan and proposed Ordinance will not amend or modify any existing agreements entered into by the City or any plans previously approved by the City. Further, there will be no effect on any vested rights which may have previously been granted by the City. 2 Staff Recommendations: On June 2, 2010, the DRC met to review the proposed CRA Target Areas Special Development Plan and voted unanimously to recommend acceptance as presented. Accordingly, Staff recommends that the Ocoee Planning and Zoning Commission, acting as the Local Planning Agency, find the CRA Target Areas Special Development Plan consistent with the goals and policies of the Ocoee Comprehensive Plan and further recommends its adoption and approval by Ordinance as an amendment to the Ocoee Land Development Code and further recommends that the Official City Zoning Map be changed to reference the existence of special development standards and prohibited uses within the CRA Target Areas as set forth in the proposed Ordinance and the CRA Target Areas Special Development Plan. . Attachments: CRA Target Areas Special Development Plan Consistency Determination Proposed Ordinance 2010- 0:\Staff Reports\Staff Reports 2010\SR100018_RBW_CRA_TargetAreasSpDevPlan_P&Z (FOLE1).doc CRA TARGET AREAS SPECIAL DEVELOPMENT PLAN ORDINANCE Future Land Use Element Transportation Element CONSISTENCY DETERMINATION OCOEE COMPREHENSIVE PLAN 1.4 1.7 2.1 2.2 2.3 2.6 2.7 2.8 2.10 3.1 3.2 3.4 4.1 7.3 7.4 7.5 2.2.1 2.2.2 2.2.4 2.3.1 2.3.2 2.3.3 2.3.5 2.4.2 2.6.1 2.7.1 2.7.2 2.7.3 2.8.1 2.8.6 3.2.1 3.2.3 Goals & Policies Conservation Element Recreation & Open Space Element OCOEE LAND DEVELOPMENT CODE Article 4-6 Special Overlay Districts Article 5-2.1 Special Overlay Area Article 5-3.2 Ocoee State Road 50 Activity Center Special Development Plan 1.4 3.3 4.1 4.4 5.8 6.2 7.2 7.3 7.4 7.5 7.6 ORDINANCE NO. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO AMENDING THE OCOEE LAND DEVELOPMENT CODE, CHAPTER 180 OF THE OCOEE CITY CODE BY ADDING A NEW SECTION 5-3.3 ENTITLED CRA TARGET AREAS SPECIAL DEVELOPMENT PLAN; ESTABLISHING GEOGRAPHIC BOUNDARIES OF SPECIAL OVERLAY AREAS WITHIN THE MINORVILLE AND LAKE BENNET ACTIVITY CENTERS, SAID AREAS BEING REFERRED TO AS CRA TARGET AREAS 1, 2 AND 3; EXCLUDING APPLICABILITY TO LANDS LOCATED IN UNINCORPORATED ORANGE COUNTY; ADOPTING A SPECIAL DEVELOPMENT PLAN FOR THE CRA TARGET AREAS, INCLUDING AN INTRODUCTION, CRA FRAMEWORK PLAN, COMMUNITY PARTICIPATION PROCESS AND TARGET AREAS REGULATING PLAN; PROVIDING THAT THE CRA TARGET AREAS SPECIAL DEVELOPMENT PLAN IS SUPPLEMENTAL TO OTHER PROVISIONS OF THE LAND DEVELOPMENT CODE; REQUIRING COMPLIANCE WITH THE CRA TARGET AREAS SPECIAL DEVELOPMENT PLAN; PROVIDING THAT UNDERLYING ZONING USES AND LAND USE ENTITLEMENTS REMAIN IN PLACE; PROHIBITING CERTAIN SPECIFIC USES WITHIN THE CRA TARGET AREAS WHICH MAY BE OTHERWISE PERMITTED UNDER APPLICABLE ZONING REGULATIONS; PROVIDING FOR INTERPRETATION AND APPEALS; PROVIDING THAT CITY COMMISSION DECISIONS ARE FINAL; PROVIDING FOR THE RECOGNITION OF EXISTING AGREEMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance Number 98-12 adopted July 21, 1998, the City Commission established the geographic boundaries of the Minorville Activity Center and the Lake Bennet Activity Center; and ORLA_1543196.2 [June 8, 2010] WHEREAS, Section 5-3.1(D) of the Ocoee Land Development Code contemplated that individual special development plans would be prepared within the Activity Centers in cooperation with landowners having properties having properties situated in these areas; and WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, and Sections 4- 6 and 5-3.1 of the Ocoee Land Development Code, the Ocoee Planning and Zoning Commission, acting as the Local Planning Agency of the City (the "LPA") held an advertised public hearing on June 8, 201, to review and consider the "CRA Target Areas Special Development Plan" within portions of the Minoiville Activity Center and the Lake Bennet Activity Center and the creation of additional special overlay areas within said Activity Centers; and WHEREAS, after consideration of the comments raised at the public hearing, the LPA found the CRA Target Areas Special Development Plan to be consistent with the Ocoee Comprehensive Plan and recommended that the City Commission adopt the CRA Target Areas Special Development Plan and establish the geographic boundaries of the portions of the Activity Centers affected thereby; and WHEREAS, pursuant to Chapter 163 and Section 166.041(3)(c)(2), Florida Statutes, and Sections 4-6 and 5-3.1 of the Ocoee Land Development Code, the Ocoee City Commission held advertised public hearings on June 15, 2010 and July 6, 2010 to receive public comment on this Ordinance, the CRA Target Areas Special Development Plan, and the geographic boundaries of CRA Target Area 1, CRA Target Area 2 and CRA Target Area 3; and WHEREAS, the City Commission finds and determines that this Ordinance is consistent with and implements the City of Ocoee Comprehensive Plan and the adoption of this Ordinance is in the best interests of the City. ORLA_1543196.2 -2- NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article V1II of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. Section 5-3.3 of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows: Section 5-3.3. CRA TARGET AREAS SPECIAL DEVELOPMENT PLAN A. Establishment of Geographic Boundaries of Special Overlay Areas for Special Development Plan; Directing Revisions to the Official City Zoning Map. 1. Pursuant to Section 4-6 of the Ocoee Land Development Code, the City Commission hereby creates as a Special Overlay Area within a portion of the Minorville Activity Center, as established by Ordinance No. 98-12 adopted July 21, 1998, identified as "CRA Target Area 1", the specific geographic boundaries of CRA Target Area 1 being as depicted in Exhibit "A" attached hereto. The foregoing Special Overlay Area shall be referred to as "CRA Target Area 1" or "Target Area 1". The City Commission hereby directs that the boundaries of CRA Target Area 1 be shown on the Official City Zoning Map along with a reference to the existence of the special development standards adopted pursuant to this Section and the location where the special development plan containing such adopted special standards can be reviewed. 2. Pursuant to Section 4-6 of the Ocoee Land Development Code, the City Commission hereby creates as a Special Overlay Area within a portion of the Minorville Activity Center and a portion of the Lake Bennet Activity Center, as established by Ordinance No. 98-12 adopted July 21, 1998, identified as "CRA Target Area 2", the specific geographic boundaries of CRA Target Area 2 being as depicted in Exhibit "A" attached hereto. The foregoing Special Overlay Area shall be referred to as "CRA Target Area 2" or "Target Area 2". The City Commission hereby directs that the boundaries of CRA Target Area 2 be shown on the Official City Zoning Map along with a reference to the existence of the special development standards adopted pursuant to this Section and the location where the special development plan containing such adopted special standards can be reviewed. ORLA_1543196.2 -3- 3. Pursuant to Section 4-6 of the Ocoee Land Development Code, the City Commission hereby creates as a Special Overlay Area within a portion of the Lake Bennet Activity Center, as established by Ordinance No. 98-12 adopted July 21, 1998, identified as "CRA Target Area 3", the specific geographic boundaries of CRA Target Area 3 being as depicted in Exhibit "A" attached hereto. The foregoing Special Overlay Area shall be referred to as "CRA Target Area 3" or "Target Area 3". The City Commission hereby directs that the boundaries of CRA Target Area 3 be shown on the Official City Zoning Map along with a reference to the existence of the special development standards adopted pursuant to this Section and the location where the special development plan containing such adopted special standards can be reviewed. 4. CRA Target Area 1, CRA Target Area 2 and CRA Target Area 3 are collectively referred to herein as the "CRA Target Areas". Portions of the CRA Target Areas are not located within the geographic boundaries of the Ocoee Community Redevelopment Agency. 5. Portions of CRA Target Area 1, CRA Target Area 2 and CRA Target Area 3 are located within unincorporated Orange County. Said areas are collectively referred to herein as the "Unincorporated CRA Target Areas". Notwithstanding any provision contained herein to the contrary, this Section 5-3.3 shall not be applicable to any portion of the Unincorporated CRA Target Areas unless and until such portions of the Unincorporated CRA Target Areas are annexed into the corporate limits of the City of Ocoee. The inclusion of the Unincorporated CRA Target Areas is for illustrative purposes only and are intended solely to place such lands on notice that they will be subject to this Section 5-3.3 in the event of annexation into the corporate limits of the City of Ocoee. B. Adoption of Special Development Plan for CRA Target Areas. 1. Pursuant to the provisions of Section 4-6 of the Ocoee Land Development Code, the City Commission hereby adopts and enacts the "CRA Target Areas Special Development Plan" attached hereto as Exhibit "B" and by this reference made a part hereof. Said Plan includes: (i) Introduction with subsections on Planning Process, Planning Context, and Issues; (ii) CRA Framework Plan with subsections on Transportation Network, Open Space, and Land Use Strategy; (iii) Community Participation Process with subsections on Public Engagement, Stakeholder -Based Themes, and Vision Statement, and (iv) Target Areas Regulating Plan with subsections on Introduction to Regulating Plan, CRA Target Areas Overall Map, CRA Target Area 1 Regulating Plan, CRA Target Area 2 Regulating Plan, and CRA Target Area 3 Regulating Plan. 2. The City Commission hereby finds that the CRA Target Areas Special Development Plan complies with the requirements and criteria set forth in Section 4-6 of the Ocoee Land Development Code and the Ocoee Comprehensive Plan. ORLA_1543196.2 -4- 3. The CRA Target Areas Special Development Plan is supplemental to the Ocoee State Road 50 Activity Center Special Development Plan as adopted by Ordinance No. 98-12 and amended by Ordinance No. 99-23. However, to the extent the standards set forth in the CRA Target Area 1 Regulating Plan, CRA Target Area 2 Regulating Plan, and/or CRA Target Area 3 Regulating Plan are similar to or conflict with the standards set forth in the Ocoee State Road 50 Activity Center Special Development Plan, the CRA Target Area 1 Regulating Plan, CRA Target Area 2 Regulating Plan, and/or CRA Target Area 3 Regulating Plan shall control and supercede the standards set forth in the Ocoee State Road 50 Activity Center Special Development Plan. 4. The CRA Target Areas Special Development Plan is supplemental to the Commercial and Industrial Development Regulations set forth in Section 6-14 of the Ocoee Land Development Code. However, to the extent the standards set forth in the CRA Target Area 1 Regulating Plan, CRA Target Area 2 Regulating Plan, and/or CRA Target Area 3 Regulating Plan are similar to or conflict with the standards set forth in the Commercial and Industrial Development Regulations, the CRA Target Area 1 Regulating Plan, CRA Target Area 2 Regulating Plan, and/or CRA Target Area 3 Regulating Plan shall control and supercede the standards set forth in the Commercial and Industrial Development Regulations. 5. To the extent the standards set forth in the CRA Target Area 1 Regulating Plan, CRA Target Area 2 Regulating Plan, and/or CRA Target Area 3 Regulating Plan conflict with the standards set forth in other provisions of the Land Development Code, the CRA Target Area 1 Regulating Plan, CRA Target Area 2 Regulating Plan, and CRA Target Area 3 Regulating Plan, as applicable, shall control. C. Compliance with Special Development Plan for CRA Target Areas. 1. All development and redevelopment within the CRA Target Areas referenced in Section 5-3.3.A shall comply with the CRA Target Areas Special Development Plan and the special regulations and standards set forth herein; provided, however, that (i) the subsection regarding the CRA Target Area 1 Regulating Plan shall be applicable only to CRA Target Area 1; (ii) the subsection regarding the CRA Target Area 2 Regulating Plan shall be applicable only to CRA Target Area 2; and (iii) the subsection regarding the CRA Target Area 3 Regulating Plan shall be applicable only to CRA Target Area 3. 2. The provisions of Section 4-6 and 5-3.1(c)(3) of the Ocoee Land Development Code are hereby made applicable to all development and redevelopment within the CRA Target Areas. The CRA Target Areas Special Development Plan shall apply only within the specific geographic areas set forth in this Section and shall apply in the Unincorporated CRA Target Areas only upon annexation into the corporate limits of the City of Ocoee. ORLA_1543196.2 -5- D. Underlying Zoning; Prohibited Uses. 1. Except for the prohibited uses as set forth below, all underlying zoning uses and land use entitlements within the CRA Target Areas shall remain in full force and effect for each parcel within the CRA Target Areas and may be horizontally and/or vertically mixed between parcels upon agreement of the owners and the City. 2. A proposed land use within the CRA Target Areas which is inconsistent with the underlying zoning district may be permitted if it is determined by the City that such use is compatible with surrounding development and imposes no impacts on City infrastructure greater than that generated by other uses normally permitted in the underlying zoning district. 3. Notwithstanding the permitted uses within the underlying zoning district, the following uses shall be prohibited in the CRA Target Areas: (a) adult entertainment establishments; (b) adult bookstores and video stores; (c) pawn shops; (d) check cashing establishments; (e) new/used vehicle sales; (f) new/used boat sales; (g) new/used equipment sales; (h) gas stations (except that 1 gas station shall be permitted in Block 1 of CRA Target Area 1); (i) fast food restaurants with drive -through facilities; 0) outdoor garden center unless enclosed; (k) outdoor lumber sales unless enclosed; (1) mobile homes; (m) automotive body repairs; (n) miniature golf or driving range; (o) agricultural uses; (p) motor vehicle wholesale; (q) recreational vehicle park; (r) storage warehouse; (s) industrial/warehouse uses; (t) automotive wrecking/salvage parks; (u) commercial convenience with or without gas sales (except that 1 commercial convenience with gas sales shall be permitted in CRA Target Area 2); and (v) car washes. 4. To the extent that any of the lands located within the CRA Target Areas are being used as of July 16, 2010 with one or more of the uses prohibited by Section 5- 3.3.D.3 above, such use may continue as a nonconforming use of land as provided in Section 5-10.0 of the Ocoee Land Development Code. E. Interpretation; Appeals. Notwithstanding any provision in the Ocoee Land Development Code to the contrary, the Community Development Director shall interpret all issues related to potential conflicts between the CRA Target Areas Special Development Plan and the Ocoee Land Development Code after consultation with the City Staff, as appropriate, whose administrative interpretations may be appealed to the Development Review Committee. In the event a person disagrees with an interpretation or decision made by the Community Development Director, then they may request a meeting of the Development Review Committee which will be held within ten (10) working days from the date of receipt of a written request. All such appeals shall be filed in writing with the Community Development Director. The Development Review Committee may overrule or modify the interpretation or decision made by the Community Development Director. ORLA_1543196.2 -6- F. City Commission Decisions Final. Decisions of the DRC pursuant to Section 5-3.3.E above may be appealed to the City Commission by filing a written notice of appeal with the City Clerk within ten (10) days from the date of the decision of the DRC. Any such appeal shall state with specificity the decision of the DRC being appealed and the action which the appellant is requesting be taken by the City Commission. The decision of the City Commission shall be final. G. Recognition of Existing Agreements. Nothing herein is intended (1) to abrogate any vested rights which may have been or may hereafter be granted by the City to an applicant, (2) to amend or in anyway modify any provision of any development order, developer agreement, annexation agreement, or other agreement entered into with the City prior to the effective date of this Section 5-3.3, or (3) to modify, amend or in any way negate any preliminary or final site plan approvals granted by the City prior to the effective date of this Section 5-3.3; provided, however, that the City may require as a condition of approval of any revision to a previously approved preliminary or final site plan, or any extension thereof that such plan be revised so as to conform with this Section to the extent practical. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 4. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City ORLA_1543196.2 -7- Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 5. Effective Date. This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2010. FOLEY & LARDNER LLP LE City Attorney day of 12010. APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED , 2010 and 92010 READ FIRST TIME , 2010 READ SECOND TIME AND ADOPTED , 2010 UNDER AGENDA ITEM NO. ORLA 1543196.2 -8- EXHIBIT "A" Geographic Boundaries of Special Overlay Areas for CRA Target Areas See Attached Map. ORLA_1543196.2 -9- EXHIBIT "B" CRA TARGET AREAS SPECIAL DEVELOPMENT PLAN See attached Special Development Plan. ORLA_1543196.2 -10- SPECIAL ITEM CRA TARGET AREAS SPECIAL DEVELOPMENT PLAN COMMENTS RECEIVED TO DATE SHUTTS BOWEN LLP SCOTT A. GLASS (407) 835-6964 Direct Telephone (407) 849-7264 Direct Facsimile June 3, 2010 VIA HAND DELIVERY COPIES VIA ELECTRONIC MAIL The Hon. Mayor & City Commissioners The Hon. Planning & Zoning Boardmembers City of Ocoee 150 North Lakeshore Drive Ocoee, FL 34761 E-MAIL ADDRESS: sglass@shuns.com Re: Request to defer consideration and adoption of CRA Target Area Special Plan Overlay Dear Mayor, Commissioners and Boardmembers: I have the pleasure of representing Ram Colonial Bluford, LLC and Ram Realty Services, the owner and developer, respectively, of a 36.08+ acre parcel of land situated directly on the northeast corner of the S.R. 50 / Bluford Avenue intersection. This property, which extends significantly into Lake Bennet on the east, was originally part of a larger assemblage put together by several owners who intended to relocate Maine Street and develop the acreage with commercial uses along Colonial and Bluford and with residential uses in the interior. To facilitate this development plan, the City and the property owners entered into that certain City of Ocoee/Colburn Development Agreement (the "Development Agreement"). The Development Agreement was executed in November, 1998 and recorded among the Orange County public records. It remains in effect today and is binding on both the City and the several successor property owners, including our client. As you know, because this property is undeveloped, has a prime location at the eastern entry into the City, and includes a significant portion of Lake Bennet, the City has proposed to include the property in the City's CRA Target Area 2. The City intends to place a development overlay district on each of the CRA Target Areas in an effort to facilitate a higher level of development and a more urban environment where appropriate. 300 South Orange Avenue, Suite 1000, Orlando, Florida 32801 • ph 407.423.3200 • fir 407.425.8316 • Www shutts.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM The Hon. Mayor & City Commissioners June 3, 2010 Page 2 My client understands the City's desire to promote a higher quality development project, particularly in areas that serve as gateways into Ocoee, in order to foster a sense of place and facilitate the construction of projects of which both developer and City can be proud. Furthermore, my client is willing to be a part of the City's overall vision and realizes that, over time, if done right, the City's plan will enhance property values and attract residents and customers alike to the Target Areas. However, as much as we might all like to believe that simply adopting a vision plan, complete with new urbanism terminology and Baldwin Park style illustrations, will force these areas to spring up overnight, the reality is that development is normally a slow and deliberative process. In normal times, a developer will first check the market to determine what people need and then, if there is a need, the developer will design a product to fill it. The developer, and the local government, can take steps to improve and enhance the product beyond the basics demanded by the market. For example, the market may be willing to pay a little more for extra landscaping, a front porch, or even a gabled roof. But, if you tell the market that the only product you are offering is the Segal mansion, the market will go look for its two bedroom houses elsewhere. Thus, it is wiser to only require enhancements that the market will accept and set that as a baseline. Then, as development continues, additional enhancements are added and they don't seem outrageous to the market because the baseline was previously raised. My client and I have thoroughly reviewed the current draft of the Special Development Plan and can support a number of the enhancements. Others, which appear to be mandatory as discussed later in this letter, would seem to be problematic at this time. For example, multi -story buildings with mixed uses, generally retail on the bottom, possibly commercial in the middle and residential on the top, have been around for decades and are always a planners favorite. They worked great in Dickens' London when technology, or lack thereof, discouraged people from traveling much beyond their immediate and adjoining neighborhoods. This concept also worked well in U.S. cities with major employment opportunities - until the advent of the automobile. They have not really worked well anywhere since and market studies have shown that, outside of existing or revitalizing core urban areas, most retailers and other commercial users simply will not locate in a two or three story building with a residential component where one story retail is readily available. My clients are concerned that if it is the intent of the Special Development Plan to mandate this type of new -urbanism development without substantial incentives, no developer will be able to get financing to build it. Moreover, if the developer is limited by the Special Development Plan's density and design requirements, such that there are no realistic options to build an alternative size and style project, even with design enhancements, other developers and end -users will simply look for a better opportunity to locate elsewhere. Inasmuch as my client has already invested heavily in the acquisition of and preliminary design for this property, Ram hired me to work with them to review the latest draft of the Special Development Plan to try to identify any overlooked issues or potential unintended consequences that would, if not revised, slow down or undermine the ultimate implementation of the Plan. Our goal in providing you this letter is to point out any such oversights or potential The Hon. Mayor & City Commissioners June 3, 2010 Page 3 issues we discover and call them to your attention for your consideration prior to final adoption of the Special Development Plan. We recognize that the City has invested significant time and resources in getting the Special Development Plan to this point in the process. However, rather than pushing it through for adoption based on some original, but purely arbitrary project schedule, would it not be better for the City, its citizens, property owners and businesses, including developers, to reconvene the stakeholders prior to adoption? This would allow these informal working groups to evaluate the current draft, identify things that were done right, identify things that may have been overlooked or which, now that we see them on paper and in illustrations, may not be what the stakeholders really had in mind at the outset. A final review of the completed product would allow the City to avoid unintended consequences and would add another layer of credibility and "buy -in" to the entire vision plan. Moreover, adding this "quality -control" function would not likely add too much time or cost to the project, but might just be the difference in adopting a Special Overlay Plan that can actually be implemented as opposed to one that sits on a dusty shelf for years to come. I should think that the staff and the consultants, if they are comfortable with their product, would welcome the opportunity to have it vetted, and if necessary tweaked, by the stakeholders prior to final adoption. And, while there will obviously be public hearings where tweaking can be done, we all know that people are far less candid at public meetings and better discussions can be had in a workshop style setting. Moreover, if our questions and concerns, as expressed below, are not shared by the property owners in Target Area 1 and Target Area 3, then perhaps the City should revise its draft ordinance so that only those areas are included at this time. The Special Overlay for Target Area 2 could be adopted in a separate ordinance after this final vetting and quality control check. While additional advertising would be required, we'd be more than happy to discuss picking up that cost if appropriate in order to make sure unintended consequences and future problems can be avoided. So, with the foregoing suggestions in mind, and knowing that this is still a work in progress, we would like to share some of our specific thoughts and concerns regarding the current version of the CRA Target Area Special Development Plan and its implementing Ordinance. Page 8 of the Special Development Plan states that the objective of the Plan is to establish: 1. A more predictable development process. 2. A flexible development environment. 3. A new development framework encompassing transportation, land use and open space; and, 4. Mechanisms for providing adequate infrastructure and services to the identified Target Areas. The Hon. Mayor & City Commissioners June 3, 2010 Page 4 My clients, as property owners and developers, support these objectives and applaud the City staff for recognizing that a bedrock of predictability, tempered by a common-sense amount of flexibility, will go far in facilitating the actual construction of higher quality development in Ocoee. However, we would ask you to look past the buzzwords and Baldwin Park / Celebration type illustrations in the current draft of the Special Development Plan and instead critically evaluate the Plan within the framework established by these four objectives. First, does this draft of the Special Development Plan create a more predictable development process? Predictable means that the outcome of a thing can be foretold by observing the prior outcome in similar situations under similar circumstances with more constants than variables. In other words, in this case, the Special Development Plan is intended to bring certainty and predictability to the process so that similarly situated projects or applications are uniformly treated in the same manner such that an applicant can predict up front what type of development will be allowed and what type of development will be denied. A property owner and developer should also be able to look at the overlay rules and know, with a pretty high level of comfort, what conditions will be imposed and what exactions will be required. A more predictable development process, in theory, will save property owners, developers, lenders, banks and concerned citizens a significant amount of time. The Second objective is to provide a more flexible development environment. This objective seems to run squarely counter to the first objective. Which is it? Do you want a predictable development process or do you want a flexible development process? Upon a casual reading, the Plan appears to favor flexibility over predictability. For example, page 15 of the Plan states that "The Framework Plan is envisioned to be a flexible "road map" with options to achieve the vision over the long-term. " Emphasis added. Words like "flexible," "options," and "road map," seem to indicate that if a developer is taking this property in the direction of the City's ultimate vision for this area, the City will cut some slack on how you get there, so long as ultimately we are all getting there. In other words, you don't have to stay on the yellow brick road in order to get to Emerald City. The City will consider allowing you to take other, possibly less dangerous or expensive, albeit equally attractive, routes. Again, this sounds like a very worthwhile goal when couched in "plan -speak," and it may in fact work perfectly so long as those who have helped put together the Special Development Plan are still working for the City and implementing the Plan twenty or thirty years from now. On the other hand, if the current draft is not amended and those who understand the intended "flexibility" leave the City, those who follow will be forced to adhere to a closer reading of the details actually spelled out in the Special Development Plan. If you look at those details you will see that what the promised route "options" on our development "road map" may actually be mandatory toll roads. For example: on p. 21 the Plan states that "Block sizes must be regulated to create a ftner grained network of streets. " It also states that, "Buildings should incorporate a vertical mix of uses including retail, office, and residential. " Likewise, "Density/intensity should be dependent on the provision of parking decks and master stormwater facilities. " Additional examples of mandates choking off flexible development opportunities can be found on page 52 The Hon. Mayor & City Commissioners June 3, 2010 Page 5 where the Plan states that "the future street network must have a regular block pattern, " and minimum and maximum block standards are mandated. See, pp. 52, 54. Furthermore, it appears that the location of access points is dictated with no flexibility. p. 52 An additional sign that the City's desired flexibility will be lost if the City adopts the Special Development Plan as its currently written without further refinement is evidenced by the elimination of a number of uses that are currently permitted by right on the C-2 zoned property. I suspect most property owners in the Target Areas, including my clients would happily restrict their property to prevent a number of these undesirable uses, for example, adult entertainment, pawn shops, check cashing facilities, agricultural uses, etc., etcetera. The wholesale elimination of some other uses that are often found in suburban and urban centers, such as fast food restaurants with drive-in facilities, automotive bay repairs, car washes and the like, is extraordinarily inflexible. We would suggest that these uses can be fully compatible with the consultants' preferred uses with appropriate design, construction and landscaping. Eliminating these permitted uses, particularly in situations where there are active Development Agreements that would allow them, without any consideration as to whether they could be designed or located within a Target Area in a manner that would be compatible with the City's design goals or mixed -use objectives appears to be heavy-handed inflexibility at its worst. I am afraid that the Special Development Plan is doomed to fail if it simply gives lip service to flexibility but does not incorporate that flexibility in considering proposed block design, vertical building integration, provision of parking, and the countless other mandated standards actually contained in the Special Development Plan. Ironically, the loss of flexibility will lead to greater predictability. Unfortunately, it will not be the predictability desired by the Special Development Plan. If a developer does not have reasonable flexibility to build a development the market will absorb, you may safely predict he will build nothing at all. The time for speculation development has passed and left a multitude of vacant commercial and residential projects littering the central Florida landscape. Developers and property owners can no longer afford to operate with a Field of Dreams mentality where, if you build it, they will come. It is now the other way around. When they come, that's when you should build it. Any you better have some flexibility in design standards if you want them to stay. Along the same vein, the Special Development Plan recommends several specific "Nodes" of development. Most significant of these is the Commercial Node. Page 21 of the Plan states that a "Commercial Node should be developed with the following goals: Avoid creating stripped out corridor conditions by increasing intensities at intersections and fronting buildings on the street. Incorporate mixed -use buildings of 2-3 stories and allow for limited office and residential uses. Increase connectivity to adjacent development through internal street networks and cross -access easements. The Hon. Mayor & City Commissioners June 3, 2010 Page 6 Improve internal pedestrian access with walkways through parking lots. " Again, my clients do not object to these goals, so long as the Special Development Plan is modified before adoption to make clear that these are only goals, not mandates. To the extent that the market wants them, everyone should work towards achieving them. To the extent that they are accepted by the marketplace, but not particularly demanded, the City should work on incentives to encourage the marketplace to adopt these goals. To the extent that the market is not at all interested in them, and no amount of incentives is likely to change the market opinion, the City needs flexibility to ensure that developers aren't forced to develop something that cannot be sold. For example, if a future City Planner interprets the third goal as meaning a developer must incorporate mixed -use buildings of 2-3 stories and allow for limited office and residential uses a developer may end up with buildings he cannot sell or lease. With regard to fronting buildings on the street to foster more of an `urban" appearance, so long as adequate affordable parking can be provided, it appears that this would be desirable. Likewise, improving connectivity with cross access easements and improving pedestrian friendliness by requiring sidewalks, crosswalks and enhanced landscaping, are all consistent with the more upscale development our client and adjacent property owners desire. Fortunately, most of these requirements are already in the Code, so it isn't clear to us why they are being added in here as well. This transitions nicely to a discussion regarding the third stated objective of the Special Development Plan, i.e., creation of a new development framework encompassing transportation, land use and open space. We are having difficulty comprehending how the Special Development Plan is creating a "new" development framework. It appears at first blush that the Plan is simply a third layer of City planning regulations being added to an existing framework. If the Special Development Plan is adopted as currently written, developers will have to review and try to comply with three layers of regulations: the Land Development Code, the Ocoee S.R. 50 Activity Center Special Development Plan, and the CRA Target Areas Special Development Plan. Increasing regulations, reducing existing allowable uses, and taking excessively large areas for roadways and parks simply does not encourage development or redevelopment within the Target Areas, particularly in the current economy. To this end, we believe it would be appropriate for staff or the consultant to perform a thorough comparison against the existing Codes and remove any duplication or inconsistencies prior to the final vote on the Special Development Plan. Finally, with regard to the fourth objective, the Special Development Plan seeks to provide mechanisms for providing adequate infrastructure and services to the identified Target Areas. For example, page 13 of the Plan states that, "In order to facilitate the ultimate emergence of the vision for these Target Areas, it will require the cooperation of the property owners, developers, the CRA, and the City towards financing the needed improvements such as street networks and stormwater systems." Emphasis added. We whole-heartedly agree with this statement. Unfortunately, there does not appear to be any such mechanisms provided, nor even recommended, in the current draft of the Special Development Plan. We have to ask, where is the commitment from the CRA and the City for contributions towards financing streets and stormwater? The Hon. Mayor & City Commissioners June 3, 2010 Page 7 The Special Development Plan also states at page 13 that, "... the CRA must coordinate efforts with existing property owners and developers and explore alternate mancjng mechanisms to fund supporting infrastructure projects to ensure that the appropriate infrastructure systems are put in place in an urban form. " Again, we are 100% in agreement with this statement and the concept behind it. However, there is no indication that either the CRA or the City have actually explored any financing mechanisms whatsoever, save seeking right-of-way, road construction and stormwater systems from the property owners and developers. Even here, the Plan does not get into any specifics or discuss impact fee credits, potential tax increment financing, special assessments or other possible vehicles for paying for the vision. Of particular concern to our clients is the fact that the Target Area 2 Plan appears to require a 92 foot right-of-way for one east -west through -street which includes 10 to 20 feet of "Shy Zone" and a 12 foot (brick) center turn lane, along with a second, 80 foot right-of-way for the second required through -street, including two 16 feet wide walkways. This amount of right- of-way for a public through -street will be extremely expensive. The Special Development Plan provides no details as to how right-of-way for these public streets will be acquired or funded, nor does it include specific provisions as to how the construction of these public streets will be funded. As they say, the devil is in the details, and both the devil and the details appear to be hiding when it comes to this particular objective. While the foregoing comments have dealt with the City's four objectives in adopting a Special Development Plan and have, therefore, been broader in scope and perhaps more philosophical in nature, a thorough review of the Plan raises narrower, technical issues that must also be addressed if the Plan is ever to be successfully implemented over time. Those technical issues and questions we have identified are listed below as bullet -points for your consideration. We would be most happy to meet with any and all interested parties to discuss not only the foregoing issues and concerns, but also these technical matters. The Special Development Plan requires that Master Transportation, Master Utility and Master Stormwater Plans outlining the design, phasing and construction of the infrastructure systems be approved for a Target Area before any property owner can submit the first site plan for development within that Target Area. Thus, a property owner or developer who is ready to move forward with a self-contained or incremental development project is held hostage while he and/or the City attempts to negotiate with all of the other property owners within the Target Area to reach consensus on road layout, utility locations, stormwater pond locations, as well as on who is going to design and construct the foregoing and who is going to pay what share of the same. Some of these issues may not be relevant to our client. For example, our client may be able to accommodate all of its stormwater needs, including for new road segments, on its property. Yet, as written, no property owner will be able to move forward until all property owners have reached agreement on infrastructure issues, a process that could take years and ultimately prevent any property owner from developing that first, "catalyst" enhanced quality development project needed to break the logjam. Moreover, until this catalyst development occurs property values will remain flat and the CRA will not have money to contribute to roads, streetscape, landscape, hardscape or other infrastructure and enhancements. The Hon. Mayor & City Commissioners June 3, 2010 Page 8 The proposed block dimensions in Target Area 2 would totally preclude any big box retail uses. The maximum perimeter block size is limited to 2500 linear feet or 8.5 acres. At best, this would allow a Publix with little complementing retail. In previous discussions between my client and the City the City has stated that it would not be opposed to properly done big box retail, as long as it is designed with urban elements. However, this is not reflected in the Special Development Plan. The maximum parking allowed for retail uses is 4 per 1,000 square feet. Many retail users require 5 spaces per 1,000 square feet in order to sign a lease for a new location. The lack of flexibility here will seriously undermine property owners' ability to attract desirable end -users to the Target Areas. • In addition to the substantial amount of right-of-way the City wants in Target Area 2, the City also desires a "bricked" 12 foot wide turn lane. A brick turn lane will add significantly to the cost of the roadway and to the ongoing maintenance as well. The Plan does not indicate at all how these increased costs are going to be paid. The Target Area 2 Plan calls for 60% of the edge of Lake Bennett to be public space. Is the City going to purchase this space or is it expected as an exaction from the property owner? If it is expected as an exaction, what is the Property Owner receiving in exchange for relinquishing such a fundamental property right as the right to exclude others from his property? In a related question, is the 10% park space requirement counted towards open -space requirements and will these park areas be dedicated to and maintained by the City? The Target Area 2 Plan does not address the inherent conflict between the City's desire for urban density and the City's tree replacement requirements. By necessity, urban style development will necessitate the removal of a tremendous number of trees from properties within Target Area 2. If a waiver is not granted, or if a specific provision is not adopted for this area, developers will have to replace every tree over 8" DBH with four new trees. The developer will also have to pay $100 per inch for each inch of tree being removed for those trees that are over 24" DBH. This would appear to be a significant disincentive to urban development within Target Area 2. Last, but certainly not least, if the City desires to have urban densities and intensities in Target Area 2, a master stormwater plan is absolutely going to be required because increased urban densities leave no land for individual stormwater management systems. The cost to address this in an area -wide manner could be staggering and can only be justified if there is, in fact, a market demand for the types of urban densities that are desired by the City. The property owners have not seen this type of demand. If the City's consultants did a market study that justifies there recommendations and/or shows that they would be financially feasible at this time, we would really appreciate getting a copy of it and would, of course, be happy to pay the duplicating cost for it. The Hon. Mayor & City Commissioners June 3, 2010 Page 9 Based on the foregoing, we have a few simple requests of the Planning & Zoning Board and of the Mayor and City Commissioners. Our Requests: 1. Now that you have a draft plan people can actually review, reconvene the stakeholders so they can review the plan, measure it against their expectations, identify discrepancies and potential problems, identify potential solutions and refine the plan and reach consensus before it goes for public hearing and adoption. It is hard to identify and correct all potential problems or issues during limited public hearings. It just makes more sense to have the draft plan vetted by the stakeholders before the hearings begin. Moreover, the City has just commissioned a feasibility study that will play a large role in the development of a core feature of the City's vision. This won't be done for months so what is the rush on pushing through this particular version of the plan? 2. Modify the ordinance to allow flexibility and incrementalism in the modification, revision or extension of existing development agreements or site plans. The City seems to be taking an "all or nothing" approach when it comes to existing development rights. A developer is forced to simply stick with the original approved plan of development, even though it may be wholly inconsistent with the Target Plan requirements, or he has to suddenly comply with those requirements. Why not specifically provide discretion to allow modifications that advance the objectives of the Target Area Special Plan. In other words, while it may not make sense for the developer physically or economically to fully comply with the Special Plan's requirements, wouldn't it be better for the City if the development at least got closer to those objectives rather than simply sticking 100% with the non -consistent original approved plan? 3. Modify the Target Area 2 Plan to clarify that the intent with regard to access points, particularly from Bluford Avenue, is to be flexible. The Target Area 2 Plan states that, "The Plan also shows where access points from Bluford Avenue and State Road SO are permitted in addition to full intersections. " p. 52. This implies that other access point locations will not be permitted. However, the three "Example Block Structure" illustrations, which each purportedly comply with the Plan, show different access points from Bluford, an inconsistency that is specifically acknowledged in the caption for Optional Example Block Structure 3. p. 57. The Plan should clarify that access points will be permitted based on the ultimate location of the east - west through streets and required separation distances. I realize that I have presented you with much information and I do apologize for the length of this letter. It should, however, demonstrate to you that we are, in reality, supportive of the concept of CRA Target Areas with Special Plan Overlays, provided that they have been thoroughly reviewed and vetted, not just by the planning staff and consultants, but by the stakeholders who will have to live with the implementation phase of the Special Development Plan. My clients, and I am sure the other property owners involved with these Target Areas, are taking this very, very seriously and want to make sure that all of the stakeholders have a full and thorough chance to review, vet and offer any necessary revisions before this plan becomes the law of the land. The Hon. Mayor & City Commissioners June 3, 2010 Page 10 We have requested meetings with the Mayor and each of the City Commissioners to go over some of our concerns and requests. We would be more than happy to meet with individual Planning Board Members to discuss these concerns as well. Unfortunately, although it appears to be a somewhat arbitrary schedule, we are at this point on a tight schedule with the Special Development Plan going to P&Z on June 8 h, and to the City Commission on June 150' and July 6a'. Again, we would encourage everyone to set aside scheduling goals and take whatever time is needed to ensure that we end up with the best Special Development Plan we can to serve the varied interests of the stakeholders to the greatest degree that reasonable goals and compromise will permit. If you would like to meet with us, please feel free to call or e-mail me about setting a time and place to get together. In the meantime, thank you for your serious consideration of our concerns. Sincerely, SHUTTS & BOWEN LLP loOPF Scott A. Glass cc: Craig Shadrix Paul Rosenthal Bob Skinner Kerry -Ann Wilson ORLDOCS 118604913 ITEM NUMBER ll. A. Minutes of the Planning and Zoning Commission Meeting held on April 13, 2010 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, APRIL 13, 2010 CALL TO ORDER Chairman Sills called the meeting to order at 7:01 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Chairman Sills, Vice Chair Golden, Members Campbell, De La Portilla, McKey, Morris, and West. Also present were Assistant City Attorney Watson, Principal Planner Rumer, Development Services Director Shadrix, and Deputy City Clerk Sibbitt. ABSENT: Members Conkling and Dillard were absent excused. Introduction of newest board member Angel de la Portilla. ELECTIONS Member West, seconded by Member Morris, moved to nominate Bradley Campbell as Chairman. Vice Chair Golden moved to nominate Rob McKey as Chairman; however, Rob McKev stated he would decline nomination at this time. Motion was taken on first nomination and carried unanimously to elect Bradley Campbell as Chairman of the Planninq and Zoninq Commission. Jim Golden announced he would like to continue as Vice Chair if there are no objections. Member West, seconded by Member McKey, moved to nominate Jim Golden as Vice Chair of the Planning and Zoning Commission. Motion carried unanimously. CONSENT AGENDA Minutes of the Planning and Zoning Commission Meeting held on Tuesday, February 9, 2010. Member Sills, seconded by Member McKey, moved to accept the Minutes of the February 9, 2010, Planning and Zoning Commission meeting. Motion carried unanimously. Planning and Zoning Commission Meeting April 13, 2010 OLD BUSINESS — None NEW BUSINESS HOMES IN PARTNERSHIP —ANNEXATION AND REZONING Principal Planner Rumor gave a brief presentation on the subject property stating this parcel is part of an older subdivision called Oak Level Heights that was platted in 1925. Seven lots are platted for this subdivision and the previous property owner did receive a variance from Orange County to build on the lots. In order for the property owner to develop single family homes on the lots they would need well and septic. A septic tank permit can not be obtained unless there is a minimum of 75 feet in between the well and septic tank. By annexing into the City of Ocoee, the applicant can connect to the City's water service, which would exclude the septic systems from meeting the 75 foot separation requirement. Principal Planner Rumer briefly explained the state and local regulations the property shows to be consistent with, including annexation requirements and zoning designation. He further stated that staff recommends approval of the annexation and zoning of this property into the City Limits. DISCUSSION Member McKey inquired where Hedgerow Circle is in relation to this subdivision. He further stated that is where the nearest force main is and the reason he brings this up is because he feels they are saddling the new residents with some future problems with the indecisiveness of the Wekiva drainage issue. Member McKey stated if it is at all practical for the city to extend the main so the residents could tie into it. Principal Planner Rumer clarified that Mr. McKey is stating that he is not in favor of the idea of annexing properties that do not have current sewer capacity or sewer availability in case there is some future fees to the city. Principal Planner Rumer briefly explained the Wekiva Amendments that are being proposed. Member McKey stated he wants to look out for the people in our city and inquired if staff has looked into the cost of tying into the nearest force main. Principal Planner Rumor stated there are a number of plans that Engineering is working on. Member Sills stated that the septic systems that are being manufactured today will last 30 yrs. Principal Planner Rumor stated that it is not an issue of maintenance and warranty but of more function and effects (doing a better job of saving the aquifers). 2 Planning and Zoning Commission Meeting April 13, 2010 Vice Chair Golden stated that he understands the concerns Member McKey has about serving the lots with city sewer but knows that they can not really be addressed tonight. He further stated these lots meet the criteria for an annexation but with a septic tank they will ultimately be leeching into the Wekiva River Basin. He further stated he would like to see city sewer serving this area in the future. The Public Hearing was opened. As no one wished to speak, the Public Hearing was closed. Member Morris, seconded by Vice Chair Golden, moved to recommend approval of the Homes In Partnership — Oak Level Heights, Annexation and Rezoning. Motion carried unanimously. MISCELLANEOUS Principal Planner Rumer announced that the Substantial Amendment to the Prairie Lake PUD was approved by Commission. Development Services Director Shadrix announced they have four major projects they need to get done: CRA Overlay, E.A.R., and two Comprehensive Plan Items. He further stated he would like to compliment the board on the types of questions they are asking tonight because it ties into the Capital Improvement Elements. The city is currently looking at several funding options on tying everyone to City sewer next to the Western Loop as soon as it becomes available. Development Services Director Shadrix stated he feels that there is hope on the horizon since they have built a higher number of homes in the city compared to a year and a half ago. He further touched on the CRA Overlay goals. Member De La Portilla inquired what effects the possible passage of Amendment 4 has on future city planning. Development Services Director Shadrix stated it has a potentially major impact. The city has a lot of flexibility currently with mixed land use, but with Amendment 4 it can cause a negative effect with properties that do not have a land use category. He further explained some negative effects it could have to the economy and impact to the city. Chairman Campbell asked that staff please keep the Board up to date on Amendment 4. Planning and Zoning Commission Meeting April 13, 2010 ADJOURNMENT The meeting adjourned at 7:35 p.m. Attest: Melanie Sibbitt, Deputy City Clerk 4 APPROVED: Bradley Campbell, Chairman ITEM NUMBER IV. A. PUBLIC HEARING RT OCOEE, LLC Rezoning Mayor S. Scott Vandergrift City Manager Robert Frank STAFF REPORT TO: The Planning & Zoning Commission FROM: Bobby Howell, MPA - Senior Planner THROUGH: Craig Shadrix, Development Services Director DATE: June 8, 2010 RE: RT-Ocoee, LLC Rezoning Project # RZ-09-11-08 ISSUE: Commissioners Gary Hood, District 1 Rosemary Wilsen, District 2 Rusty Johnson, District 3 Joel F. Keller, District 4 Should the Planning & Zoning Commission recommend approval of a request to rezone approximately 1.93 acres of property known as RT-Ocoee, LLC from General Industrial (1-2) to Restricted Manufacturing & Warehousing (1-1)? BACKGROUND: The subject property is located on the northeast corner of Roper Parkway and Capital Court. The subject property is approximately 1.93 acres in size and is the site of an existing building that was formerly Gianni's Transport. There is an existing building that remains on the property from this use. The table below references the future land uses, zoning classifications and existing land uses of the surrounding parcels: Direction Future Land Use Zoning Classification Existing Land Use North Heavy Industrial General Industrial 1-2 011ie Arthur Trucking East Heavy Industrial General Industrial 1-2 City owned parcel - vacant South Light Industrial Restricted Manufacturing & Warehousing 1-1 Cortez Welding West I Heavy Industrial General Industrial 1-2 Automotive body repair uses DISCUSSION: The applicant is requesting to rezone the subject property from General Industrial (1-2) to Restricted Manufacturing & Warehousing (1-1). The rezoning is being requested to permit a wholesale/internet vehicle sales location where customers will be invited onto the premises by appointment only. June 8, 2010 Planning and Zoning Commission Page 2 The 1-2 zoning designation does not permit car sales as an allowable use, thus the request for the rezoning. A Small -Scale Site Plan detailing the above mentioned concept is currently being reviewed by staff. Since this site plan is Small -Scale, it is being reviewed by staff administratively and is not required to be presented to the Planning & Zoning Commission per the Land Development Code. Rezoning the property to 1-1 is not anticipated to generate additional traffic impacts beyond those of the surrounding industrial uses adjacent to the subject property. The applicant has agreed to place limitations in regards to operations on the property in an effort to limit traffic impacts to the site. These use limitations include: no transport trucks on site; and, only wholesale or internet used vehicle sales. The property is located in the West Orange Industrial Park, which is the main industrial area in the City of Ocoee. As mentioned in the beginning of this report, the subject property is located across Roper Parkway from several automotive related uses. Rezoning the property to 1-1 to permit the proposed use is logical, given that it is adjacent to several automotive related uses and since there are several areas in the City where used car sales are permitted in the 1-1 zoning district. Additionally, it is anticipated the proposed rezoning from General Industrial (1-2) to Restricted Manufacturing & Warehousing (1-1) will result in a less intense use than can currently be permitted on the property with the 1-2 zoning designation. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on June 2, 2010 and reviewed the applicant's request. The applicant was notified that all concerns in regards to the review of the project had been satisfied. No additional concerns were addressed, and the DRC voted unanimously to recommend approval of the rezoning of RT-Ocoee from a designation of General Industrial (1-2) to Restricted Manufacturing & Warehousing (1-1) subject to the execution of a Development Agreement. STAFF RECOMMENDATION: Staff respectfully recommends that the Planning and Zoning Commission recommend approval of the proposed rezoning of RT-Ocoee, LLC located on the northeast corner of Roper Parkway and Capital Court from a designation of General Industrial (1-2) to Restricted Manufacturing & Warehousing (1-1) subject to the execution of a Development Agreement. Attachments: Location Map Future Land Use Map Zoning Map RT Ocoee LLC Location Map =:E�nt4pris6 m a i of Sto e IF E a ° LL C> c, qua o caE :5 Cy ry ca Q7 � 003 0 ` ° i a a o c i o Q fJ it r. ITEM NUMBER IV. B. PUBLIC HEARING 10-YEAR WATER SUPPLY FACILITIES WORK PLAN Mayor S. Scott Vandergrift City Manager Robert Frank STAFF REPORT TO: The Planning & Zoning Commission FROM: Michael Rumer DATE: June 08, 2010 Commissioners Gary Hood, District 1 Rosemary Wilsen 2 Rusty Johnson, District 3 Joel F. Keller, District 4 RE: 10-Year Water Supply Facilities Work Plan Proposed Comprehensive Plan Amendments PROJECT #: CPA-2010-001 x ' ISSUE: Should the Planning & Zoning Commission / Local Planning Agency (LPA) recommend approval of the: 1) addition of a 10-Year Water Supply Facilities Work Plan by Reference to the Comprehensive Plan, and 2) additions to the Future Land Use Element, Conservation Element, Potable Water Sub -Element, Sanitary Sewer Sub -Element, and Intergovernmental Coordination Element, for the purpose of implementing the 10-Year Water Supply Facilities Work Plan? DISCUSSION: In 2005 the Florida Legislature significantly changed Chapters 163 and 369 of the Florida Statutes (F.S.) by strengthening the relationship between District Water Supply Plans (DWSP) prepared by the Water Management Districts and the Comprehensive Plans prepared and maintained by local governments. According to The Wekiva Parkway and Protection Act, Chapter 369, Part III, FS, each local government is required to amend its comprehensive plan to include an up-to-date 10-Year Water Supply Facility Work Plan to include an evaluation of the present and projected growth and water demand for a 10-year planning period. The City of Ocoee is located in west Orange County and is predominately located within the jurisdiction of the St. Johns River Water Management District (SJRWMD) with a southern portion of south Maguire located within the South Florida Water Management District. The City's updated 10-Year Water Supply Facility Work Plan and amendments to the Comprehensive Plan will be reviewed and approved by the Florida Department of Community Affairs and the SJRWMD. Over the past year, the City's consultant SMW GeoSciences has been working with SJRWMD on the development of the 10-year plan. The staff reviewer for SJRWMD has afforded the City the option of going through a pre -transmittal review of the 10-year plan and associated comprehensive plan amendments and has provided comments that staff has addressed. The 10-Year Water Supply Facility Plan and proposed amendments to the Comprehensive Plan are being presented to the Planning & Zoning Commission / Local Planning Agency for recommendation to the City Commission, followed by the first public hearing before the City Commission. Next the proposed amendments will be transmitted to the Department of Community Affairs for review and approval. After addressing any comments that may be June 8, 2010 Planning and Zoning Commission Page 2 received from the Department of Community Affairs or SJRWMD, the amendments will be presented to the City Commission for final adoption. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: On June 2, 2010, the DRC met to review the proposed amendments to the Comprehensive Plan as proposed in the 10-year water supply facility work plan. The DRC had a brief discussion on the wording of one proposed policy that conflicted with what the Land Development Code required. A subsequent change in wording was agreed to by staff. Based on the above discussions, the DRC recommends approval of the proposed amendments to the comprehensive plan as proposed. STAFF RECOMMENDATION: 1) addition of a 10-Year Water Supply Facilities Work Plan by Reference to the Comprehensive Plan, and 2) additions to the Future Land Use Element, Conservation Element, Potable Water Sub -Element, Sanitary Sewer Sub -Element, and Intergovernmental Coordination Element, for the purpose of implementing the 10-Year Water Supply Facilities Work Plan. Attachments: 10-Year Water Supply Facilities Work Plan Proposed Comprehensive Plan Amendments Summarized O:\Staff Reports\Staff Reports 2010\SR100020_MWR_10YearWaterSupply_P&Z.doc 5.1 Water Conservation Practices The City has implemented a variety of conservation programs to protect and conserve the Floridan Aquifer. As time progresses, the City plans to maintain these conservation programs and where possible, improve upon them. For the 10-year period of this Work Plan, the City will focus on the following conservation strategies: • Maximize the use of existing sources and supplies, eliminating unnecessary uses and developing plans for managing water shortages Conservation Policy 7.1 The City shall maximize the use of existing sources and supplies, eliminating unnecessary uses and developing plans for managing water shortage. Such management plans shall include but are not limited to: adoption of a water eRqeFgenGy conservation ordinance consistent with the recommendations of the water management districts, distribution of information on water conservation practices, and review of codes relative to water conservation practices. • Continual development of the City's Water Conservation Program in conjunction with the SJRWMD and SFWMD laws and policies Conservation Policy 7.2 The City shall cooperate with the SJRWMD and SFWMD to conduct water conservation programs. • Landscape and irrigation seminars • Water audit pro _ ram • Irrigation timer assistance • `High water user procr� om • Website information • Public Service Announcements • Landscape demonstration • Employee Training • Display and distribution of water conservation information at community functions. • Work with developers, civic organizations, home owners associations, community clubs, etc. to promote the importance of water conservation • Informative Billinci program • Billing Inserts to promote water conservation • Continue to participate in a school outreach and education • Maintain a public awareness and education program regarding the use of reclaimed water and other alternative water sources. • Maintain plumbing retrofit and irrigation programs. • Maintain an acceptable potable water leakage of less than 10% unaccounted for water Potable Water Objective 1.5 The City shall maintain an acceptable potable water leakage, with the goal being less than 10% unaccounted for water. • Require the installation of water conservation products in all new developments Potable Water Policy 2.1.2 The City shall continue to develop an active Water Conservation Program and require the installation of water conservation products, which minimize the demand for water in all new developments. • Monitor the amount of groundwater pumped from the Floridan aquifer Potable Water Policy 2.1.4 The City Engineer shall coordinate with the Water Management District to closely monitor the amount of groundwater pumped from the aquifer. • Establish education programs, quotas and user fees to ensure a safe maximum withdrawal rate from the aquifer Potable Water Policy 2.1.5 The City shall establish educational programs, quotas and user fees to ensure a safe maximum withdrawal rate from the aquifer. • Shift to new technologies and operational procedures as they become economically feasible Policy 2.1.7 The shift to new technologies and operational procedures shall occur as they become economically feasible; e.g., potable and non -potable systems. SMW GeoSciences, Inc. - 2 - City of Ocoee 10-Year WSFWP • Encourage Florida -friendly landscaping through the Land Development Code (Potable Water Policy 2.1.13); Potable Water Policy 2.1.13 The City shall continue to limit the extent of impervious surfaces and encourage Florida-friendlyTm landscaping through the Land Development Code. • Maintain an inclined block rate structure for potable water and alternative water sources, including reclaimed water and surface/stormwater consistent with the City's water conservation plan objectives. conservaTion pion. • Develop and adopt a water conservation and irrigationlandscape ordinance promoting the use of Florida -friendly landscaping and efficient irrigation principles Proposed Conservation Policy The City shall adopt a water conservation irrigation ordinance' consistent with the Districts model ordinance, which may also include additional City -specific requirements by December 2010. • Water Conservation Policy Implementation Potable Water �P1►--, Policy 2.1.12 All +nhe policies th GE)Rse��,� Elei:ieRt e�ecmgve7 p reining to red uGing wereF eeRsui:Rptien shell be 4 hr,lemeRted The:, City shall maintain a Water Conservation Program that meets the requirements of the SJRWMD CUP and implement the Water Conservation Plan' submitted as cart of the CUP process. The Water Conservation 'Plan shall be updated as necessary to ensure that the programs address customer water use habits. • Metering Proposed Policy All service connections to the potable water shall maintain a meter replacement program. • Low Impact Development SMW GeoSciences, Inc. - 3 - City of Ocoee 10-Year WSFWP Proposed Policy The City shall encourage the use of low impact development techniques to minimize impacts to the natural environment and facilitate water conservation. 5.2 Alternative Water Source (AWS) Practices For the 10-Year period of this Work Plan, the City will continue to focus on the following water reuse strategies for alternative water supplies, including reuse and storm/surface water: • Promote reuse for irrigation of parks and landscaped areas as well as for residential and commercial irrigation Conservation Policy 7.3 The City shall continue to promote the reuse of treated effluent.. in the Qity fee irrii-egen^efr eFks eRd leipelsc-e, or! eFe�Te Feeluee the-eler eRel 9R existing pbt�,�lle wefnrsi pp1iec The City is Gnmmitted to FnGke ay ilrhln 9.5 Engel of tfeeteel effluent in the eli el Rer-ther-R-spFGyf''elde-nd effluent -d�s'eseil site,- 0.5 m.-d must be rep ised The Mgd of treated efN Toni to the rn� FGFeS LGke Golf Potable Water Policy 2.1.10The City shall continue to promote the reuse of treated effluent in the City as irrigation for residential and commercial customers and parks and landscaped areas to reduce the demand on existing potable Water supplies, and continue to expand its water reclaim and reuse system. • Require installation of -dual -line distribution systems for all new developments and require conversion to AWS, including reclaimed and surface/stormwater, at sites with existing dual lined systems on groundwater for irrigation when the alternative source becomes available Proposed Sanitary Sewer Objective The City shall continue to promote the use of reclaimed water and other alternative water supply sources to reduce groundwater use for irrigation Proposed Sanitary Sewer Policy The City shall require the installation of dual -line distribution systems for all new developments if applicable. Proposed Sanitary Sewer Policy The City shall require the use of alternative water sources for irrigation, including reclaimed water and surface/stormwater, at sites with existing dual -lined systems and on existing SMW GeoSciences, Inc. - 4 - City of Ocoee 10-Year WSFWP groundwater sources for irrip_ ation when alternative sources becomes available. • Expansion of the water reuse program Conservation Policy 7.4 The City shall continue to expand the reclaimed water distribution system and retrofit existing subdivisions as funding becomes available. im r,lo rr,o^+ the ,.,e+ear Feuse r, rery r.vm ., r, cee+er , serc NW Re -use Pump Station and Interconnection Mains Project (single entity project #84 in the District's Water Supply Plan) 5.3 Water Supply Planning and Coordination For the 10-year period of this Work Plan, the following water supply planning strategies: • Utility Coordination City will continue to focus on the Intergovernmental Policy 1.1 The Joint Planning Area (JPA) Agreement, as amended, is hereby incorporated, by reference, into the Intergovernmental Coordination Element. Intergovernmental Coordination Policy 7.6 The City will continue to coordinate with the Orange County School Board, the East Central Florida Regional Planning Council, St. Johns River Water Management District, the South Florida Water Management District and other State or Federal agencies and any other special districts on projects that fall within their "jurisdictions" or are multi jurisdictional in "nature" to identify and resolve any conflicts with the City's Comprehensive Plan, and in turn, amend the plan as needed to ensure coordination. Intergovernmental Coordination Policy 3.8 The City shall coordinate with the St. Johns River water Manaaement District, Oranae County and other local governments or private utilities to develop efficient cost-effective, and technically feasible water sources that will satisfy and supplement future demands without causing adverse impacts SMW GeoSciences, Inc. - 5 - City of Ocoee 10-Year WSFWP to water quality, wetlands, aquatic systems or the environment. The City will continue to attend regional water planning seminars, committee meetings, and conferences in support of regional water planning initiatives. Proposed Intergovernmental Policy The City shall maintain and revise as necessary the following agreements: • Joint Planning Area Agreement • Orange County/City of Ocoee Water Service Territorial Agreement • Orange County/City of Ocoee Sewer Service Territorial Agreement • Water Consery II Agreement for the Delivery of Water • City of Winter Garden Interlocal Agreement • City of Ocoee/Forest Lake Golf Course Agreement Proposed Intergovernmental Policy The City shall' p of the established Utility service area boundary'; Prepare the 10-Year Water Supply Facilities Work Plan in accordance with water management district regional watersupplyplans accordingly. Proposed Intergovernmental Coordination Policy The Water Supply Facilities Work Plan shall be prepared in accordance with the SJRWMD regional water supply plans and the City's Consumptive Use Permit. Proposed Intergovernmental Coordination Policy The Water Supply Facilities Work Plan shall be reviewed bi-annually and shall be SMW GeoSciences, Inc. - 6 - City of Ocoee 10-Year WSFWP updated within 18 months of an update to the SJRWMD Water Supply Plan that affects the City or sooner if necessary. • Participate in the development of updates to the SJRWMD water supply plans Proposed Intergovernmental Coordination Policy The City shall participate in the development of updates to the SJRWMD water supply plan and water supply assessment as well as other water -supply related initiatives facilitated by SJRWMD that affect the Cites Ensure that adequate water supplies are available to provide service to existing and future developments. Proposed Future Land Use Policy The City shall issue no 5.4 Water Source Protection Practices For the 10-year period of this Work Plan, the City will continue to focus on the following waters source protection practices: Protect the quality of all surface water bodies and groundwater quality Conservation Objective 2 The City shall protect the quality of all surface water bodies and groundwater quality Conservation Policy 2.1 The City shall regulate 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 regulations. The land development regulations include provisions such as (but not limited SMW GeoSciences, Inc. - 7 - City of Ocoee 10-Year WSFWP 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 DEP jurisdictional wetlands (9-1-5.013(2) (c) (3), FAC). Conservation Policy 2.2 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, and 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, and aquifer recharge areas Conservation Policy 2.3 As of the effective date of this Comprehensive Plan, future development, as defined by the Ocoee Land Development Code, shall not occur within 25 feet of an approved 100-year floodplain elevation or jurisdictional wetland boundary except where exempted by State Statute or in cases where offsetting on -site environmental mitigation or enhancement of these areas is demonstrated to improve natural functions or to provide low -impact uses or recreational amenities which encourage enjoyment of such areas. Conservation Policy 2.4 The use of septic tanks in developments and redevelopments shall be permitted in accordance with Chapter 10-D-6 FAC to prohibit septic tanks in flood plains, CONSERVATION ELEMENT CPA-2002-1-1 5- 33 wetlands, areas adjacent to lakes and in areas designated with soils unsuitable for septic tanks. Potable Water Objective 2.1 Ocoee will continue to set procedures and mechanisms established to ensure a safe and acceptable withdrawal rate from the aquifer, meeting the needs of the City. Potable Water Policy 2.1.3 The City Engineer shall coordinate with Water Management Districts to closely monitor the drilling of new wells, enforce the capping of abandoned wells, and require the placement of valves on existing free flowing wells so water will be used only as required. SMW GeoSciences, Inc. - 8 - City of Ocoee 10-Year WSFWP Potable Water Policy 7.5 The City will continue to strictly enforce district -declared water shortages declared by the South Florida Water Management District and St. Johns River Water Management District to ensure adequate protection of health and safety SMW GeoSciences, Inc. - 9 - City of Ocoee 10-Year WSFWP City of Ocoee Orange County, Florida 10-Year Water Supply Facilities Work Plan (Years 2010 - 2019) _ _ Center of Good r ,. Prepared by: SMW GeoSciences, Inc. 1411 Edgewater Drive Suite #103 Orlando, FL 32804 (407) 426-2836 June 2, 2010 .M A TABLE OF CONTENTS 1.0 INTRODUCTION 2.0 BACKGROUND 2.1 Location 2.2 Service Area and Water Supply Related Agreements 3.0 DATA AND ANALYSIS 3.1 Water Sources 3.2 Consumptive Use Permit 3.3 Potable Water Prod uction/Treatment Facilities 3.3.1 Forest Oaks WTP 3.3.2 South WTP 3.4 Alternative Water Sources 3.4.1 Wastewater Treatment Plant and Reuse 3.4.2 Forest Lake Golf Course Reclaimed Water Agreement 3.4.3 Reuse 3.4.4 Additional AWS 3.5 Water Demand and Population 3.5.1 2007 Water Use 3.5.2 Population Projections 3.5.3 Projected Water Demands 3.6 Capacity Analysis 4.0 CAPITAL IMPROVEMENT PROJECTS 5.0 FUTURE WATER SUPPLY PLANS 5.1 Water Conservation Practices 5.2 Alternative Water Source Practices 5.3 Water Supply Planning & Coordination 5.4 Water Source Protection Practices List of Figures Figure 1: Location Map Figure 2: Utility Service Area Figure 3: Locations of Water Treatment Plants Figure 4: Locations of Wells at Forest Oaks Plant Figure 5: Locations of Wells at South Plant Figure 6: Location of Wastewater Treatment Plant Figure 7: Reclaimed Water Master Plan Attachment Attachment 1: Utilities Department 10 Year Capital and Projects Schedule SMW GeoSciences, Inc. City of Ocoee 10-Year WSFWP 1.0 INTRODUCTION According to The Wekiva Parkway and Protection Act, Chapter 369, Part III, Florida Statutes (F.S.), each local government in the Wekiva Study Area is required to amend its local government comprehensive plan to include an up-to-date 10-year water supply facilities work plan. This update must incorporate the building of any potable water facility, if necessary, to serve existing and new development planned for the next ten years. The Act authorizes the development of the Wekiva Parkway and provides for the protection of the Wekiva River System. The mandated 10-year water supply facilities work plan is specifically developed to address the following items: • Projects for raw water supply; • Projects for water supply treatment, storage, and distribution facilities; and • Water conservation and reuse. The updated Water Supply Facilities Work Plan and amendments for the Comprehensive Plan will be reviewed and approved by the Department of Community Affairs (DCA) and the St. Johns River Water Management District (SJRWMD). Pursuant to the Act, the City of Ocoee has retained SMW GeoSciences Inc. for assistance in preparing their 10-year Water Supply Facilities Work Plan. This work plan includes an evaluation of the present and projected growth and water demand as well as an analysis of the existing production/treatment facilities and their capacities to meet the City's existing and projected water demands for a 10-year planning period. 2.0 BACKGROUND INFORMATION 2.1 Location The City of Ocoee is located in west Orange County, Florida, southeast of Lake Apopka. The location of the City is shown in Figure 1. 2.2 Service Area and Water Supply Related Agreements 10 A map presenting the City's Joint Planning Area (JPA) and utility service areas (potable water, IN and wastewater), City limits and Joint Planning Area is included as Figure 2. The City's potable water and wastewater service areas share the same boundary. The City's reclaimed water I, service area is the same as the incorporated City limits. The City of Ocoee and Orange County have been coordinating with one another based upon the 1987 Joint Comprehensive Planning Area Interlocal Agreement, amended February 11, 1994. SMW GeoSciences, Inc. - 1 - City of Ocoee 10-Year WSFWP The City has the following territorial agreements regarding utility services: • Orange County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88- 06), dated November 14, 1988, amended February 11, 1994. • Orange County/City of Ocoee Sewer Service Territorial Agreement (Contract No. S-87- 8), dated June 8, 1987, amended February 11, 1994. The City's JPA establishes Ocoee's annexation limits, and the territorial agreements establish the water and sewer service limits between the City of Ocoee and Orange County. Pursuant to these agreements, Orange County provides potable water and wastewater services to parcels located outside of the City's potable water and wastewater service areas. Note the City's JPA and water and wastewater service area do not match. Additionally, the City's potable water/wastewater service area overlaps the City of Winter Garden's utility service area along the western boundary. The City of Winter Garden also has JPA and utility territorial agreements with Orange County; however, since Winter Garden or Ocoee are not a party of the other's agreements with Orange County and do not have mutual agreements with each other, there is no procedure for determining whether Ocoee or Winter Garden would provide water or sewer service to any 40 property owner requesting service in any areas that may overlap with the above agreements. Therefore, the population calculations for this CUP renewal application and this Work Plan do not include the parcels in the overlapping areas. The City may revise its CUP to include water demands from these parcel at a later time, when the service provider is established for these areas. This 10-Year Work Plan provides potable water demands, water sources and required infrastructure to meet the projected water demands for City of Ocoee water customers. To remain consistent with the City's CUP, this document will refer to the City's utility service area as the potable water service area (PWSA) unless otherwise referenced. As previously discussed, pursuant to the water and sewer territorial agreements, water and wastewater services for parcels located outside of the City's PWSA are provided by Orange County. Projected water demands for these parcels are included in the Orange County 10-Year Water Supply Facilities Work Plan pages A-15, A-16, B-4 and C-4 dated May 19, 2009. In addition to the JPA and territorial agreements, the City of Ocoee has three (3) other agreements related to water supply. Reclaimed water service for residential and commercial customers located south of SR 50, along Maguire Road and Winter Garden Road, is provided by the City of Ocoee pursuant to the Water Consery II Agreement dated May 23, 2001. This agreement is for the wholesale purchase of up to 2.1 mgd of reclaimed water for Public Access Reuse landscape irrigation for City customers. The City has one inter -local agreement with the City of Winter Garden, dated May 4, 1999. In this agreement, the City of Ocoee agreed to accept up to 0.75 mgd of reclaimed water for golf SMW GeoSciences, Inc. - 2 - City of Ocoee 10-Year WSFWP En IL W course irrigation at the Forest Lake Golf Course. In addition, Winter Garden agreed to accept up to 0.25 mgd of wet weather discharge from the City of Ocoee. The City also has an agreement with Forest Lake Golf Course to provide reclaimed water for irrigation. On December 3, 1991, the City entered into a 99-year ground lease agreement with ' Forest Lake Golf Course, LLC. The agreement included a provision that the City provide reclaimed water for golf course irrigation for the duration of the agreement. This agreement was most recently amended on April 21, 2009. 3.0 DATA AND ANALYSIS 3.1 Water Sources Groundwater is currently the City of Ocoee's primary water source. Groundwater wells are used to extract water from the Floridan aquifer to supply potable water to City customers. Although a small portion of the City limits and JPA are located outside of the SJRWMD boundary, the entire potable water service area (PWSA) and wells are located within the SJRWMD boundary. Therefore, the City of Ocoee is permitted to withdraw groundwater though the SJRWMD's Consumptive Use Permitting Program under CUP 3216. The City also utilizes reclaimed water for irrigation where feasible. Reclaimed water is available from the City of Ocoee's Wastewater Treatment Plant (A.D. Mims WWTP) for use within the City's PWSA. 3.2 Consumptive Use Permit The City of Ocoee is currently in the process of renewing its Consumptive Use Permit (CUP) 3216. Although the CUP expired on December 10, 2006, the City continues to operate under a timely application submittal while the application is under review by the SJRWMD. The CUP ' allocates the City a maximum annual groundwater withdrawal of 1,580.5 MGal (4.33 mgd) for the public supply system until the CUP renewal is complete. A CUP application was submitted to the District on December 6, 2006 and a Request for A Additional Information (RAI) was issued to the City on January 3, 2007. Subsequent responses and RAls have been submitted and issued respectively since. As it is not anticipated that the City will receive its CUP prior to finalization of this Work Plan, the most recent water demand projections submitted to the District through the RAI process are included in this document. 3.3 Potable Water Production and Treatment Facilities The City currently provides potable water to City customers located within the PWSA from two (2) existing water treatment plants (WTP): 1) the Forest Oaks Plant and 2) the South Plant. The location of each WTP is illustrated in Figure 3. In the past, an additional WTP known as the Jamela Plant was utilized for potable water service. In 2005, the Jamela Plant was taken offline and the associated supply wells have been abandoned and plugged per SJRWMD criteria. SMW GeoSciences, Inc. -3- City of Ocoee 10-Year WSFWP El 3.3.1 Forest Oaks WTP The Forest Oaks Plant is located in the northeast area of the City's utility service area, along Hackney -Prairie Road. The WTP presently has three (3) existing wells for public supply type use, two Lower Floridan aquifer wells and one upper Floridan aquifer well. The City is currently proposing one (1) additional Lower Floridan aquifer well, Well #4, to replace Well #1. The proposed public supply well is included in the CUP application that is currently under review at the District. Well information is presented in Table 1. The well locations are shown in Figure 4. Table 1 Forest Oaks Plant Well Information Forest Public Oaks #1 11961 7 610 1,140 700 1984 Existing Supply Forest Public Oaks #2 11962 16 147 318 1,300 1984 Existing Supply Forest Public Oaks #3 11965 20 1,192 1,450 3,500 1995 Existing Supply Forest Public Oaks #4 NA 24 800 1,450 3,500 -- Proposed Supply The Forest Oaks Plant contains two storage tanks with a combined capacity of 1.07 Mgal. The treatment capacity of the plant is 5.227 mgd. 3.3.2 South Plant The South Plant is located in the south portion of the City's utility service area just south of the Florida Turnpike, off of Maguire Road. This WTP presently has three (3) existing Lower Floridan aquifer wells for public supply type use. In 2006, two Lower Floridan aquifer wells existed at this plant. A third lower Floridan aquifer well was constructed in 2007; however this well is not in use at this time. It is anticipated that Well #3 will come online in 2017. Well information is presented in Table 2. The locations of the wells at this WTP are illustrated in Figure 5. Table 2 South Plant Well Infnrmatinn �x sa �4 s �( South #1 11963 24 800 1,450 3,000 1991 Existing Public Supply South #2 11964 24 810 1,450 3,500 1996 Existing Public Supply South #3 11966 24 800 1,450 3,500 2007 Existing Public Supply SMW GeoSciences, Inc. - 4 - City of Ocoee 10-Year WSFWP The South Plant contains two (2) storage tanks each with a capacity of 670,000 gallons; therefore, the total storage capacity at the WTP is 1.34 Mgal. The treatment capacity of the plant is 5.623 mgd. 3.4 Alternative Water Sources 3.4.1 Wastewater Treatment Plant The City of Ocoee operates one wastewater treatment plant (WWTP), the A.D. Mims WWTP, which also serves as the City's reuse facility. The location of the WWTP is presented in Figure 6. The plant is designed to treat 3.0 mgd and has a current effluent capacity of 1.80 mgd. Effluent disposal at the A.D. Mims WWTP is accomplished by: • Public Access Reuse for City customers • Irrigation of Forest Lake Golf Course • Application to onsite Rapid Infiltration Basins (RIBs) • Application to Forest Lake Golf Course RIBs 3.4.2 Forest Lake Golf Course Reclaimed Water Agreement The City has one large reclaimed water customer, Forest Lake Golf Course. This agreement was originally executed December 3, 1991, and most recently amended on April 21, 2009. Based on the amended agreement, the City is contractually obligated to provide 0.45 mgd of reuse to the Forest Lake Golf Course for golf course irrigation for the remainder of duration of the lease agreement. 3.4.3 Reuse As previously discussed, the City's reclaimed water service area (RWSA) and incorporated City limits share the same boundary. The reclaimed water master plan is presented in Figure 7. The City has two sources of reclaimed water available for Public Access Reuse at this time: reclaimed water from the AD Mims WWTP and reclaimed water from Consery II. Reclaimed water from the A.D. Mims WWTP is utilized within the City's PWSA. Reclaimed water from Consery II is currently utilized within the RWSA, south SR 50, along the Maguire Road and Winter Garden Road corridor. It is the City's intent to divert reclaimed water from Consery II for use within the City's PWSA via a new pipe/interconnect on White Road. This interconnect project will include the construction of 4,800 ft of reclaimed water pipe and will allow the City to divert up to 1.0 mgd of the 2.1 mgd of reclaimed water available SMW GeoSciences, Inc. - 5 - City of Ocoee 10-Year WSFWP from Consery II to the City's PWSA. Construction for this interconnect is expected to begin summer 2010. The City does not provide reclaimed water to the portion of the RWSA north of the PWSA. The City may provide a lower quality water source (reclaimed water or other AWS) for irrigation to this area in the future; however, no lower quality waters source is available at this time nor is it expected to be within the 10-year planning period of this document. As previously discussed, water service for residents located outside of the City's PWSA is provided by Orange County pursuant to the Orange County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88-06), dated November 14, 1988, amended February 11, 1994. Water demands for these residents are included in Orange County's 10-Year Water Supply Facilities Work Plan. Table 3 presents the projected reclaimed water availability for Public Access Reuse for the 10-year planning period for properties located with the City's potable water service area (PWSA). Reclaimed water service for properties located south of the City's PWSA is provided through an agreement between the City of Ocoee and Consery II. Table 3 Total Reclaimed Water Availability within the City's PWSA Q�x �2 y a., 2010 1.02 0 0 2011 1.06 0 0 2012 1.10 0 0 2013 1.14 0 0 2014 1.19 0.30 0 2015 1.23 0.61 0 2016 1.27 0.89 0 2017 1.31 1.0 0.12 2018 1.35 1.0 0.38 2019 1.39 1.0 0.54 Avauabie rubuc Access Keuse trom Consery II for use within the City's PWSA boundary. 3.4.4 Additional AWS The City is continuing to expand its reuse distribution system to meet projected water demands for customers located within the City's potable water service area. The City has two AWS projects identified in the 2005 District Water Supply Plan, Ocoee Reuse System SMW GeoSciences, Inc. - 6 - City of Ocoee 10-Year WSFWP Expansion Project (Project No. 37) and the City of Ocoee Northwest Reuse Re -Pump Station and Interconnection Mains Project (Project No. 84). The Reuse System Expansion Project consisted of retrofitting the following subdivisions: Waterside, Silver Glen, the Reflections and the Reserve to provide reclaimed water service to approximately 752 residential homes. This project was completed in fall 2007. The City has identified a Re -Use Pump Station and Interconnect Mains Project (Project 84) in the District's Water Supply Plan as part of its efforts to implement AWS. The project description from the District Water Supply Plan 2005, 4th Addendum, is provided below. Project number: 84 Project name: City of Ocoee Northwest Reuse Re -Pump Station and Interconnection Mains Project Project sponsor(s): City of Ocoee Project type: Reuse Purpose: The purpose of this project is to increase availability of reclaimed water for distribution. Water source: Reclaimed water Water use/destination: Landscape irrigation in Ocoee and vicinity Quantity of water to be made available: 1.20 mgd Estimated construction cost: $2,300,000 Project components: This project consists of construction of reclaimed water transmission pipelines and pump stations Construction of this project has not begun since it is dependant on an agreement for the wholesale purchase of reclaimed water from Orange County. The City is currently working with Orange County on the agreement; however, no agreement has been reached at this time. Note that Project No. 84 will only be constructed if an agreement between the City and Orange County is reached. The City has also attended the District -sponsored regional water supply meetings but has at this time deemed the proposed projects as not feasible based on cost and proximity to the City. The City is committed to the development of AWS and will continue to explore potential AWS projects with other utilities. Since cost and distance from the alternative source play a critical role in the feasibility of the project, the City is exploring the possibility of a long-term wholesale purchase agreement of reclaimed water from utilities within close proximity of the City. The City and Orange County have been and are currently negotiating a long term contract for a retail/wholesale agreement for the County to provide reclaim water to the City for use within the City's reclaim service area. It is the City's intent to continue the negotiations with Orange County, explore other locally available alternative water sources and continue to participate in regional planning of alternative water supply projects. SMW GeoSciences, Inc. - 7 - City of Ocoee 10-Year WSFWP The City is also reviewing small scale stormwater reuse projects where feasible, on a project by project basis for commercial landscape and residential common area irrigation. 3.5 Water Use and Population Projections 3.5.1 Water Use for 2009 According to water usages reported to the SJRWMD (EN50s), the City of Ocoee's total year- end groundwater use for 2009 was 1,331.6 Mgal (3.65 mgd). Raw water pumpage from the Forest Oaks WTP and the South WTP were estimated to be 666.08 Mgal (1.82 mgd) and 665.52 Mgal (1.82 mgd) respectively. In addition, according to Daily Monitoring Reports submitted to FDEP, 334.69 Mgal (0.92 mgd) of Public Access Reuse was used for urban landscape and residential irrigation. 3.5.2 Population Projections Population projections presented in this work plan were generated in cooperation with the City's planning consultant and the District's consultant, GIS Associates, Inc., but have been adjusted to reflect the current decline in the rate of new home construction. Population projections have been reviewed by SJRWMD for consumptive use permitting requirements but have yet to be finalized by the District. When the CUP is issued to the City of Ocoee, the DCA will be provided a copy of the CUP, and at that time, modifications to this report may be necessary depending on permitted groundwater withdrawals. 3.5.3 Projected Water Demands The City of Ocoee's water demand projections were obtained from the City's current CUP application. Projected water demands are presented in Table 4. The City does not serve retail customers outside of its municipal limits. SMW GeoSciences, Inc. - 8 - City of Ocoee 10-Year WSFWP Table 4 Projected Water Demands and Water Sources 4� 4h � �, D 2 �. �" � Z�� a /'h`' ',g�+ ?�4 vx r+ is° / ; i'�F •Fi�4�`S, �Yf.". Y�`�Tw`p5 .i%."X�'2.,Zh7i 'v Ssf F� � S�� �'✓hb "� ' ��('f 3 Syr ��# `� "� �s '�? f4f�rf'�� d Y f 2010 33,951 7.10 6.08 1.02 0 0 2011 34,927 7.46 6.40 1.06 0 0 2012 35,903 7.83 6.73 1.10 0 0 2013 36,879 8.13 6.99 1.14 0 0 2014 37,855 8.48 6.99 1.19 0.30 0 2015 38,827 8.83 6.99 1.23 0.61 0 2016 39,772 9.15 6.99 1.27 0.89 0 2017 40,716 9.42 6.99 1.31 1.00 0.12 2018 41,661 9.72 6.99 1.35 1.00 0.38 2019 42,605 9.91 6.99 1.39 1.00 0.54 2. The City estimates water service is provided to 45 homes (served population of 135 persons) located outside of the City limits. 3. Projected water demands take water conservation into account. The City is located within the Central Florida Coordination Area; therefore, no additional groundwater withdrawals can occur after 2013. The City will use reclaimed water from the A.D. Mims WWTP and reclaimed water from Consery II and supplemental alternative water sources (AWS) to meet the additional water demands after 2013. 3.6 Capacity Analysis The City of Ocoee's water supply facilities were assessed to determine whether the projected five-year and ten-year demands can be met. In 2010, the City's water treatment plants had a combined well production capacity of 12.24 mgd. When the proposed well at the South WTP comes online in 2017, the well production capacity will increase to 17.28 mgd . Well production capacity was calculated by maximizing daily pumpage for each City well, excluding the well with the highest pump capacity. The existing permitted treatment capacity for the combined water treatment plants, Forest Oaks WTP and South WTP, is 10.85 mgd. SMW GeoSciences, Inc. - 9 - City of Ocoee 10-Year WSFWP Based on the analysis, the City's existing water supply facilities are sufficient to meet the projected five-year and ten-year water demands. A summary of the analysis is provided in Table 5. Table 5 Capacity Analysis ICity of Ocoee 2010 2014 2019 Total Groundwater Demand (mgd) 6.08 6.99 6.99 Total Well Production Capacity (mgd) 12.24 12.24 17.28 Total Treatment Capacity (mgd) 10.85 10.85 10.85 CUP Allocation (mgd) 4.33 - - Well Production Capacity Surplus (mgd) 6.16 5.25 10.29 Treatment Capacity Surplus (mgd) 4.77 3.86 3.86 4.0 CAPITAL IMPROVEMENT PROJECTS The City of Ocoee updates its 5-Year Capital Improvement Project budget (CIP) budget annually. The most recently adopted CIP, adopted in September 2009, does not reflect recent changes to water and reclaimed water project updates that are included in the City's updated Utility Department 10 Year Capital and Project Schedule. Projects identified in the Utility Project Schedule will be included in the updated CIP, which is scheduled to be adopted September 2010. A copy of the City's Utility Department 10 Year Capital and Project Schedule for water and reclaimed water is included as Attachment 1. The City does not have any projected well or treatment capacity deficiencies for the 5-year planning horizon. For the 5-year planning horizon, the following water projects have been identified: • Homeland Security Upgrades • Maguire Road Phase V water • South Water Plant High Service Pump Upgrades to VFDs (#4, #5) • Forest Oaks Water Plant High Service Pump Upgrades to VFDs (#3, #4) • South Water Plant SCADA/ Replacement • Forest Oaks Water Plant Groundwater Rule Upgrade • Annual Water Plant Minor Repairs and Upgrades • Watermain Replacement and Upgrades • Fire Hydrant (Replacement and New Hydrants) • Forest Oaks Water Plant SCADA/PLC Replacement The City is committed to AWS development and has identified funding for AWS and continued implementation of reclaimed water for Public Access Reuse landscape irrigation. At this time, SMW GeoSciences, Inc. - 10 - City of Ocoee 10-Year WSFWP Im design for the White Road reclaimed main is being finalized and construction is expected to begin summer 2010. Project costs for reclaimed water extension along White Road are included in the fiscal year 2009/2010 budget. Additional projects indentified in the 5-year planning horizon for AWS development include: • Alternative Water Supply Planning Study (evaluation of available reclaimed water sources from surrounding municipalities) • Maguire Road Reclaim Pumping Facility (1.0 mgd storage tank to meet peak demands and provide storage to allow up to 1.0 mgd of reclaimed water to be diverted to the PWSA) • Reclaimed Water Retrofits (Lake Olympia subdivision) • Reclaimed Watermain Extensions 1. Kennsington Manor 2. McCormic Road 3. Forest Brook to Westyn Bay connection It is important to note that the Kennsington Manor, McCormic Road and the Forest Brook to Westyn Bay reclaimed main extensions will be constructed only if the City enters into an agreement with Orange County for the wholesale purchase of reclaimed water; therefore, for these projects the City has identified bonds as the revenue source. If the City does not enter into an agreement with Orange County, these projects will be postponed and re-evaluated at a future date, when reclaimed water or other lower quality water source is available. The City does not have any projected well or treatment capacity deficiencies for the 10-year planning horizon. For planning years 6 through 10, the City has identified the following water and reclaimed water related projects in the Utility Budget: • North -side Potable Repump Facility and Ground Storage Tank • Connect Existing South WTP Well #3 to the Plant and Existing Tank Aeration Tray Modification • South WTP High Service Pump Change-out/additions to VFDs (#1 and #6) • Forest Oaks Well #2 or New Well Project • Annual Water Plant Minor Repairs and Upgrades • Water Line Upsize Associated with Development • Fire Hydrant (Replacement and New Hydrants) • WWTP Ground Storage Tanks (Tanks #1 and #2) • Reclaimed Water Retrofits (Westmere Phase I and II, The Hammocks, Cross Creek Phases I and II) The City will continue to evaluate water and reclaimed water projects indentified in this Work Plan as well as other projects that may be necessary to meet projected water demands and will update the Utility Budget and CIP accordingly. 5.0 FUTURE WATER SUPPLY PLANS. In order to promote the efficient use of water and offset groundwater withdrawals, the City of Ocoee has committed to various alternative water supply plans. These include: 1) continuation of SMW GeoSciences, Inc. - 1 1 - City of Ocoee 10-Year WSFWP water conservation practices, 2) expansion of the reclaimed water distribution system and 3) pursue AWS partnerships. 5.1 Water Conservation Practices The City has implemented a variety of conservation programs to protect and conserve the Floridan Aquifer. As time progresses, the City plans to maintain these conservation programs and where possible, improve upon them. For the 10-year period of this Work Plan, the City will focus on the following conservation strategies: • Maximize the use of existing sources and supplies, eliminating unnecessary uses and developing plans for managing water shortages Conservation Policy 7.1 The City shall maximize the use of existing sources and supplies, eliminating unnecessary uses and developing plans for managing water shortage. Such management plans shall include but are not limited to: adoption of a water eR+exgefwy conservation ordinance consistent with the recommendations of the water management districts, distribution of information on water conservation practices, and review of codes relative to water conservation practices. • Continual development of the City's Water Conservation Program in conjunction with the SJRWMD and SFWMD laws and policies Conservation Policy 7.2 The City shall cooperate with the SJRWMD and SFWMD to conduct water conservation programs. Proposed Conservation Policy The City shall continue to educate residents on the benefits of water conservation and shall adjust water conservation efforts in accordance with the City's Water Conservation Plan The City shall continue to promote the following programs: SMW GeoSciences, Inc. • Landscape and irrigation seminars • Water audit program • Irrigation timer assistance • High water user program_ • Website information • Public Service Announcements • Landscape demonstration • Employee Training • Display and distribution of water conservation information at community functions. • Work with developers, civic organizations home owners associations, community clubs, etc to promote the importance of water conservation -12- City of Ocoee 10-Year WSFWP • Informative Billing • Billing Inserts to promote water conservation • Continue to participate in a school outreach and education program • Maintain a public awareness and education program regarding the use of reclaimed water and other alternative water sources • Maintain plumbing retrofit and irrigation programs • Maintain an acceptable potable water leakage of less than 10% unaccounted for water Potable Water Objective 1.5 The City shall maintain an acceptable potable water leakage, with the goal being less than 10% unaccounted for water. • Require the installation of water conservation products in all new developments Potable Water Policy 2.1.2 The City shall continue to develop an active Water Conservation Program and require the installation of water conservation products, which minimize the demand for water in all new developments. • Monitor the amount of groundwater pumped from the Floridan aquifer Potable Water Policy 2.1.4 The City Engineer shall coordinate with the Water Management District to closely monitor the amount of groundwater pumped from the aquifer. • Establish education programs, quotas and user fees to ensure a safe maximum withdrawal rate from the aquifer Potable Water Policy 2.1.5 The City shall establish educational programs, quotas and user fees to ensure a safe maximum withdrawal rate from the aquifer. • Shift to new technologies and operational procedures as they become economically feasible Policy 2.1.7 The shift to new technologies and operational procedures shall occur as they become economically feasible; e.g., potable and non -potable systems. • Encourage Florida -friendly landscaping through the Land Development Code (Potable Water Policy 2.1.13); Potable Water Policy 2.1.13 The City shall continue to limit the extent of impervious surfaces and encourage Florida -friendly' landscaping through the Land Development Code. SMW GeoSciences, Inc. - 13 - City of Ocoee 10-Year WSFWP 49 Maintain an inclined block rate structure for potable water and alternative water sources, including reclaimed water and surface/stormwater consistent with the City's water conservation plan objectives. Proposed Conservation Policy The City shall maintain an inclined -block rate structure for potable, reclaimed and other alternative sources of water to encourage the efficient use consistent with the City's water conservation plan • Develop and adopt a water conservation and irrigation landscape ordinance promoting the use of Florida -friendly landscaping and efficient irrigation principles fl Proposed Conservation Policy The City shall adopt a water conservation irrigation ordinance consistent with the Districts model ordinance, which may also include additional City -specific requirements by December 2010. • Water Conservation Policy Implementation Potable Water Policy 2.1.12 All the pe4eies of the r ti Gi The City shall maintain a Water Conservation Program that meets the requirements of the SJRWMD CUP and implement the Water Conservation Plan submitted as part of the CUP process. The Water Conservation Plan shall be updated as necessary to ensure that the programs address customer water use habits. • Metering Proposed Policy All service connections to the potable water and reclaimed water distribution system shall be metered and the City shall maintain a meter replacement program. • Low Impact Development Proposed Policy The City shall encourage the use of low impact development techniques to minimize impacts to the natural environment and facilitate water conservation. 5.2 Alternative Water Source (AWS) Practices For the 10-Year period of this Work Plan, the City will continue to focus on the following water reuse strategies for alternative water supplies, including reuse and storm/surface water: • Promote reuse for irrigation of parks and landscaped areas as well as for residential and commercial irrigation SMW GeoSciences, Inc. - 14 - City of Ocoee 10-Year WSFWP Conservation Policy 7.3 The City shall continue to promote the reuse of treated effluent. to the FeFest L ke G W GOO Potable Water Policy 2.1.10 The City shall continue to promote the reuse of treated effluent in the City as irrigation for residential and commercial customers and parks and landscaped areas to reduce the demand on existing potable water supplies, and continue to expand its water reclaim and reuse system. • Require installation of dual -line distribution systems for all new developments and require conversion to AWS, including reclaimed and s u rface/storm water, at sites with existing dual lined systems on groundwater for irrigation when the alternative source becomes available Proposed Sanitary Sewer Objective The City shall continue to promote the use of reclaimed water and other alternative water supply sources to reduce groundwater use for irrigation Proposed Sanitary Sewer Policy The City shall require the installation of dual -line distribution systems for all new developments if applicable Proposed Sanitary Sewer Policy The City shall require the use of alternative water sources for irrigation, including reclaimed water and surface/stormwater, at sites with existing dual -lined systems and on existing groundwater sources for irrigation when alternative sources becomes available. • Expansion of the water reuse program Conservation Policy 7.4 The City shall continue to expand the reclaimed water distribution system and retrofit existing subdivisions as funding becomes available. • NW Re -use Pump Station and Interconnection Mains Project (single entity project #84 in the District's Water Supply Plan) Proposed Policy The City will complete the NW Re -use Pump Station and Interconnection Mains Project (single entity project #84 in the District's Water SMW GeoSciences, Inc. - 15 - City of Ocoee 10-Year WSFWP Supply Plan) should the City and Orange County reach an agreement for the delivery of reclaimed water for use within the City's reclaimed water service area. 5.3 Water Supply Planning and Coordination For the 10-year period of this Work Plan, the City will continue to focus on the following water supply planning strategies: • Utility Service Area Coordination Intergovernmental Policy 1.1 The Joint Planning Area (IPA) Agreement, as amended, is hereby incorporated, by reference, into the Intergovernmental Coordination Element. Intergovernmental Coordination Policy 1.6 The City will continue to coordinate with the Orange County School Board, the East Central Florida Regional Planning Council, St. Johns River Water Management District, the South Florida Water Management District and other State or Federal agencies and any other special districts on projects that fall within their "jurisdictions" or are multi -jurisdictional in "nature" to identify and resolve any conflicts with the City's Comprehensive Plan, and in turn, amend the plan as needed to ensure coordination. Intergovernmental Coordination Policy 3.8 The City shall coordinate with the St. Johns River water Management District, Orange County and other local governments or private utilities to develop efficient, cost-effective, and technically feasible water sources that will satisfy and supplement future demands without causing adverse impacts to water quality, wetlands, aquatic systems or the environment. The City will continue to attend regional water planning seminars, committee meetings, and conferences in support of regional water planning initiatives. Proposed Intergovernmental Policy The City shall maintain and revise as necessary the following agreements: • Joint Planning Area Agreement • Orange County/City of Ocoee Water Service Territorial Agreement • Orange County/City of Ocoee Sewer Service Territorial Agreement • Water Consery 11 Agreement for the Delivery of Water • City of Winter Garden Interlocal Agreement • City of Ocoee/Forest Lake Golf Course Agreement Proposed Intergovernmental Policy The City shall pursue dialogue with adjacent municipalities with an interlocal agreement being the expected outcome to accomplish recognition of the City's established Utility service area boundary. SMW GeoSciences, Inc. - 16 - City of Ocoee 10-Year WSFWP • Prepare the 10-Year Water Supply Facilities Work Plan in accordance with water management district regional water supply plans Proposed Intergovernmental Coordination Policy The City shall maintain a Water Supply Facilities Work Plan for at least a ten (10) year planning period to address water supply facilities and infrastructure requirements to serve existing and future development within the City's potable water service area Proposed Intergovernmental Coordination Policy The Water Supply Facilities Work Plan shall be prepared in accordance with the SJRWMD regional water supply plans and the City's Consumptive Use Permit Proposed Intergovernmental Coordination Policy The Water Supply Facilities Work Plan shall be reviewed bi-annually and shall be updated within 18 months of an update to the SJRWMD Water Supply Plan that affects the City or sooner if necessary. • Participate in the development of updates to the SJRWMD water supply plans Proposed Intergovernmental Coordination Policy The City shall work with the Water Management Districts, during updates to their regional water supply plans and water supply assessments as well as other water -supply related initiatives facilitated by the Districts that affect the City. Ensure that adequate water supplies are available to provide service to existing and future developments. Proposed Future Land Use Policy The City shall issue no development orders or development permits without first seeking assistance with the applicable utility (Orange County or City of Ocoee Utilities Department) to determine whether adequate water supplies to serve the development will be available no later than the anticipated date of issuance by the City of a certificate of occupancy or equivalent. The City will also ensure that adequate water supplies and facilities are available and in place prior to issuing a certificate of occupancy or its functional equivalent. Proposed Potable Water Policy The City shall identify additional potable, non -potable and alternative water supply sources and facilities required to provide adequate services to existing and future development consistent with the Future Land Use Element. SMW GeoSciences, Inc. - 17 - City of Ocoee 10-Year WSFWP 5.4 Water Source Protection Practices For the 10-year period of this Work Plan, the City will continue to focus on the following waters source protection practices: • Protect the quality of all surface water bodies and groundwater quality Conservation Objective 2 The City shall protect the quality of all surface water bodies and groundwater quality Conservation Policy 2.1 The City shall regulate 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 regulations. The land development regulations 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 swa/es within a minimum width of twenty-five (25) feet surrounding such natural features. For the purposes of this policy, natural features shall include DEP jurisdictional wetlands (91-5.013(2)(c)(3), FAQ. Conservation Policy 2.2 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, and 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, and aquifer recharge areas Conservation Policy 2.3 As of the effective date of this Comprehensive Plan, future development, as defined by the Ocoee Land Development Code, shall not occur within 25 feet of an approved 100-year floodplain elevation or jurisdictional wetland boundary except where exempted by State Statute or in cases where offsetting on —site environmental mitigation or enhancement of these areas is demonstrated to improve natural functions or to provide low -impact uses or recreational amenities which encourage enjoyment of such areas. Conservation Policy 2.4 The use of septic tanks in developments and redevelopments shall be permitted in accordance with Chapter 10-D-6 FAC to prohibit septic tanks in flood plains, CONSERVATION ELEMENT CPA- SMW GeoSciences, Inc. - 18 - City of Ocoee 10-Year WSFWP SMW GeoSciences, Inc. 2002-1-1 S- 33 wetlands, areas adjacent to lakes and in areas designated with soils unsuitable for septic tanks. Potable Water Objective 2.1 Ocoee will continue to set procedures and mechanisms established to ensure a safe and acceptable withdrawal rate from the aquifer, meeting the needs of the City. Potable Water Policy 2.1.3 The City Engineer shall coordinate with Water Management Districts to closely monitor the drilling of new wells, enforce the capping of abandoned wells, and require the placement of valves on existing free flowing wells so water will be used only as required. 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