HomeMy WebLinkAboutItem 10 Wekiva Parkway and Protection Act (a) First Reading of Ordinance (b) Transmittal Public Hearing – Large Scale Comprehensive Plan Amendment
AGENDA ITEM COVER SHEET
Meeting Date: November 1, 2005
Item # \ 0
Contact Name:
Contact Number:
Terry L. James
407 -905-3100
Reviewed By:
Department Director:
City Manager:
Subject: Wekiva Study Area Proposed Amendments to the Comprehensive Plan
Background Summary:
The Wekiva Parkway and Protection Act (Part III of Chapter 369, Florida Statutes) was signed into law on June 29,
2004 authorizing building of the Wekiva Parkway and providing protection to the Wekiva River system. This Act
defined two areas of concern for the Wekiva River and its associated springs. These areas are the Wekiva River
Protection Area and the larger Wekiva Study Area (WSA), and are identified in Figure 1: City ofOcoee Location in
Reference to the Wekiva Study Area and the Wekiva River Protection Area.
The City of Ocoee is located within the WSA as defined in ss. 369.316, Florida Statutes (F.S.), but not within the
Wekiva River Protection Area. A portion of the City south of State Road 50/Colonial Drive and east of County
Road 439/Maguire Road is not located within the WSA, and as such, will not be subject the amendments required
by the Wekiva Parkway and Protection Act. The portions of the City and the Joint Planning Area (JPA) within the
WSA are shown as follows:
The extension of State Road 429/Western Beltway from Apopka to Interstate 4 near Sanford known as the "Wekiva
Parkway" is not within the City Limits; therefore, the City is not subject to the interchange planning requirements
contained in ss. 369.317, F.S.
The Department of Community Affairs has authored a guide known as the "Guidelines for Preparing
Comprehensive Plan Amendments for the Wekiva Study Area Pursuant to the Wekiva Parkway and Protection Act"
(DCA Guidelines). The City has used the DCA Guidelines, Chapter 369, F.S., and other source materials to
prepare the "Data and Analysis" and the proposed amendments to the City of Ocoee Comprehensive Plan.
In addition to these required amendments, two additional studies are required in the Wekiva Parkway and
Protection Act for the City of Ocoee. These are: a Master Stormwater Management Plan and a Wastewater Facility
Plan. After completion of these two studies the Comprehensive Plan will need to be updated with additional
amendments.
These proposed amendments are not subject to the twice per year limitation on comprehensive plan amendments,
and must be adopted by January 2006. The implementing land development regulations must be adopted by
January 2007.
Issue:
Should the Mayor & City Commission transmit the proposed Wekiva Study Area Comprehensive Plan Amendment
mandated by the "Wekiva Parkway and Protection Act"?
Recommendations
Based on the analysis contained in the Data & Analysis section of the proposed Wekiva Study Area Comprehensive
Plan Amendments, and the recommendation of the Planning & Zoning Commission, Staff recommends the Mayor
& City Commission transmit the proposed Wekiva Study Area Comprehensive Plan Amendments mandated by the
Wekiva Parkway and Protection Act.
Attachments:
. "Wekiva Parkway and Protection Act" (Chapter 369, Florida Statutes)
. Wekiva Study Area Map (Listed as Figure 1)
. Wekiva River Basin Study Commission Member Roster
. Proposed Comprehensive Plan Amendments for Local Governments within the Wekiva Study Area as
defined by the Wekiva Parkway and Protection Act (dated 10/20/05):
I. Data & Analysis Section (including maps); and
II. Goals, Objectives & Policies Section.
. Studies Required Under the Wekiva Parkway and Protection Act
. Ordinance 2005-XXX: "Wekiva Parkway and Protection Act" Comprehensive Plan Amendment
Financial Impact:
Unknown
Type of Item: (please mark with an "x'?
Public Hearing
--L Ordinance First Reading
_ Ordinance Second Reading
Resolution
_ Commission Approval
Discussion & Direction
For Clerk's Deat Use:
_ Consent Agenda
_ Public Hearing
_ Regular Agenda
_ Original Document/Contract Attached for Execution by City Clerk
_ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
N/A
N/A
2
City Manager
Robert Frank
Commissioners
Gary Hood. District 1
Scott Anderson. District 2
Rusty Johnson. District 3
Nancy J. Parker. District 4
Mayor
S. Scott Vandergrift
STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
FROM:
Terry L. James, Principal Planner
DATE:
October 20, 2005
RE:
"Wekiva Parkway and Protection Act" Comprehensive Plan Amendment
ISSUE:
Should the Mayor & City Commission transmit the proposed Wekiva Study Area Comprehensive Plan
Amendment mandated by the "Wekiva Parkway and Protection Act"?
BACKGROUND:
The Wekiva Parkway and Protection Act (Part III of Chapter 369, Florida Statutes) was signed into law on June
29, 2004 authorizing building of the Wekiva Parkway and providing protection to the Wekiva River system.
This Act defined two areas of concern for the Wekiva River and its associated springs. These areas are the
Wekiva River Protection Area and the larger Wekiva Study Area (WSA), and are identified in Figure 1: City of
Ocoee Location in Reference to the Wekiva Study Area and the Wekiva River Protection Area.
The City of Ocoee is located within the WSA as defined in ss. 369.316, Florida Statutes (F. S.), but not within the
Wekiva River Protection Area. A portion of the City south of State Road 50/Colonial Drive and east of County
Road 439/Maguire Road is not located within the WSA, and as such, will not be subject the amendments
required by the Wekiva Parkway and Protection Act. The portions of the City and the Joint Planning Area (JPA)
within the WSA are shown as follows:
The extension of State Road 429/Western Beltway from Apopka to Interstate 4 near Sanford known as the
"Wekiva Parkway" is not within the City Limits; therefore, the City is not subject to the interchange planning
requirements contained in ss. 369.317, F.S.
The Department of Community Affairs has authored a guide known as the "Guidelines for Preparing
Comprehensive Plan Amendments for the Wekiva Study Area Pursuant to the Wekiva Parkway and Protection
Act" (DCA Guidelines). The City has used the DCA Guidelines, Chapter 369, F.S., and other source materials
to prepare the "Data and Analysis" and the proposed amendments to the City of Ocoee Comprehensive Plan.
In addition to these required amendments, two additional studies are required in the Wekiva Parkway and
Protection Act for the City of Ocoee. These are: a Master Stormwater Management Plan and a Wastewater
1
Facility Plan. After completion ofthese two studies the Comprehensive Plan will need to be updated with
additional amendments.
These proposed amendments are not subject to the twice per year limitation on comprehensive plan
amendments, and must be adopted by January 2006. The implementing land development regulations must be
adopted by January 2007.
DISCUSSION:
For additional discussion, see the "Data & Analysis" section that precedes the proposed Comprehensive Plan
Amendments.
PLANNING & ZONING COMMISSION:
At their October 11, 2005 meeting, the Planning & Zoning Commission, acting as the Local Planning Agency,
reviewed the proposed Comprehensive Plan Amendments mandated by the Wekiva Parkway and Protection Act
(WPP A), and discussed the following issues:
. Many P&Z members questioned the Wekiva Study Area (WSA) Boundary. Staff indicated that this area
was actually identified within the adopted WPP A. According to the State Statute, this boundary was
drawn with the "best available data" to determine the boundary area.
. The P&Z members also questioned the maps that were drawn based on the DCA Guidelines concerning
the WSA. Staff explained that these maps were also drawn based on the "best available data".
. The P&Z members also raised questions concerning the cost to implement these WSA amendments.
Staff indicated that no additional funds were available from the State at this time.
. The P&Z members also expressed concern that the terminology such as "karst" and "sensitive habitats"
were not adequately defined in the proposed WSA Amendments. Russ Wagner, the Community
Development Director, indicated that it would be better at this point not to define the terms as such in the
text, but to accept the definitions and map them based on the DCA Guidelines.
. P&Z members also felt that work on the language in the text will allow the City the most leeway in our
future land development regulations. Staff indicated that after the transmittal of the amendments to the
Department of Community Affairs would issue an "Objections, Recommendations & Comments" Report
that would hopefully give the City more direction as to what exact language the State was requiring.
After the above discussion was completed, the P&Z Chairman opened the Public Hearing. Since there were
no interested parties to comment on the proposed amendments, the hearing was closed.
Bradley Campbell made a motion to recommend to the City Commission to transmit the proposed
comprehensive plan amendments with the recommendation that the municipalities in Orange County work
together to insure that an agreeable candidate be appointed to the Wekiva Basin Commission. Milton West
seconded the motion. The P&Z Commission passed this motion unanimously.
Note: During the discussion, there was a misunderstanding concerning the membership of the Wekiva Basin
Commission (WBC). The Governor's Executive Order # 03-112 created the Wekiva River Basin Tasliforce.
This Tasliforce issued recommendations that became the basis for Senate Bill 1214. Later, after the
Legislature's passage of this bill, the Governor signed SB 1214 known as the "Wekiva Parkway and
Protection Act" on June 29, 2004. On September 23, 2004, the Governor then appointed the members of the
Wekiva Basin Commission (WBC) to oversee the implementation of this Act. The members from Orange
County appointed to the WBC are: Teresa Jacobs, Orange County Commissioner and John H Land, Mayor
of Apopka.
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STAFF RECOMMENDA nON:
Based on the analysis contained in the Data & Analysis section of the proposed Wekiva Study Area
Comprehensive Plan Amendments, and the recommendation of the Planning & Zoning Commission, Staff
recommends the Mayor & City Commission transmit the proposed Wekiva Study Area Comprehensive Plan
Amendments mandated by the Wekiva Parkway and Protection Act.
Attachments:
. "Wekiva Parkway and Protection Act" (Chapter 369, Florida Statutes)
. Wekiva Study Area Map (Listed as Figure 1)
. Wekiva River Basin Study Commission Member Roster
. Proposed Comprehensive Plan Amendments for Local Governments within the Wekiva Study Area as
defined by the Wekiva Parkway and Protection Act (dated 10/20/05):
I. Data & Analysis Section (including maps); and
II. Goals, Objectives & Policies Section.
. Studies Required Under the Wekiva Parkway and Protection Act
. Ordinance 2005-XXX: "Wekiva Parkway and Protection Act" Comprehensive Plan Amendment
3
ORDINANCE NO. 2005-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING
THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS
AMENDED; AMENDING THE COMPREHENSIVE PLAN BY
PROVIDING FOR THE ADDITION OF A NEW ELEMENT WITH
RESPECT TO THE WEKIVA PARKWAY AND PROTECTION ACT;
AMENDING PORTIONS OF THE FOLLOWING ELEMENTS OF THE
COMPREHENSIVE PLAN IN ORDER TO COMPLY WITH THE
WEKIVA PARKWAY AND PROTECTION ACT: FUTURE LAND USE,
CONSERVATION, AND RECREATION AND OPEN SPACE;
IDENTIFYING THOSE PORTIONS OF THE CITY OF OCOEE
LOCATED WITHIN THE WEKIVA STUDY AREA; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 18, 1991, the City Commission of the City of Ocoee
(the "Ocoee City Commission") adopted the City of Ocoee Comprehensive Plan pursuant to
Chapter 163, Florida Statutes, as set forth in Ordinance No. 91-28, which has been amended
from time to time (the "Ocoee Comprehensive Plan"); and
WHEREAS, the Wekiva Parkway and Protection Act, Part III of Chapter 369,
Florida Statutes (the "Act"), was enacted on June 29, 2004 and authorizes the building of We kiva
Parkway and provides protection to the Wekiva River System; and
WHEREAS, Section 369.321, Florida Statutes, requires those local governments
located in the Wekiva Study Area ("WSA") to adopt certain amendments to their comprehensive
plans to establish land use strategies that optimize open space and promote a pattern of
development that protects certain resources; and
WHEREAS, a portion of the City of Ocoee, as more particularly identified on the
Wekiva Study Area Map attached hereto as Exhibit "A", is located within the WSA; and
WHEREAS, on October 11, 2005, the City of Ocoee Planning and Zoning
Commission, acting as the Local Planning Agency, at an advertised public hearing unanimously
recommended transmittal of this Ordinance to the Florida Department of Community Affairs (the
"Department"); and
WHEREAS, the Ocoee City Commission held advertised public hearings on
November 1, 2005 and , 2006 in order to obtain public comment regarding
this Ordinance; and
WHEREAS, the Ocoee City Commission has considered all oral and written
comments received during public hearings, including the recommendations of the Local Planning
Agency; and
ORLA_389158.1
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WHEREAS, the Ocoee City Commission desires to adopt this Ordinance as
recommended by the Local Planning Agency with such changes thereto as the City Commission
deems appropriate.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. Authority. The Ocoee City Commission has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Section
163.3191 and Chapter 166, Florida Statutes.
Section 2. Wekiva Amendments. The Ocoee City Commission hereby adopts a new
Element of the Comprehensive Plan entitled "Wekiva Parkway and Protection Act Element" as
set forth on Exhibit "B" attached hereto and by this reference made a part hereof.
Section 3. Public Participation Procedures. The Ocoee City Commission hereby finds
that this Ordinance has been adopted in conformity with the Public Participation Procedures set
forth in City ofOcoee Resolution Number 97-16 adopted on December 16, 1997.
Section 4. City Commission's Desi2nee. The Ocoee City Commission hereby
designates the Community Development Director as the designee of the City Commission to
transmit this Ordinance to the Department and to advise the Department regarding the dates on
which the City held the required public hearings.
Section 5. Transmittal to the Department. The Ocoee City Commission hereby
directs that three (3) copies of this adopted Ordinance be submitted to the Department within ten
(10) days of the effective date hereto.
Section 6. 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 7. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption.
ORLA_389158.1
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"
PASSED AND ADOPTED this _ day of
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
-
, 2006
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_389158.1
,2006.
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED AND
READ FIRST TIME November 1, 2005.
READ SECOND TIME AND ADOPTED
, 2006 UNDER
AGENDA ITEM NO.
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Type of Item: (please mark with an ax")
Public Hearing
Ordinance First Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's De/Jt Use:
Consent Agenda
Public Hearing
Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
N/A
N/A
N/A
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
EXHIBIT A
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EXHIBIT B
WEKIV A P ARKW A Y AND PROTECTION ACT
I. Background Information
In compliance with Part III of Chapter 369, Florida Statutes, the following provisions apply only
to those portions of the City ofOcoee located within the Wekiva Study Area, as more particularly
described in the Wekiva Study Area Map attached hereto as Exhibit "A." The following
provisions are intended as supplemental and in addition to any other provisions of the
Comprehensive Plan. In the event of conflict between the provisions enumerated within this
chapter and any other provision of the Comprehensive Plan, the provisions in this chapter shall
control with respect ot lands described in the Weikiva Study Area Map.
II. Future Land Use: Goals, Objectives & Policies
Policy 1
Policy 2
Policy 3
ORLA_389158.1
(This Policy supersedes Policy 1.2 of the Future Land Use Element: Goals,
Objectives & Policies Subsection)
The City shall regulate land development through the Land Development Code, to
reduce, eliminate and/or prevent negative impacts related to noise, traffic, light,
drainage, water and groundwater quality, toxic and hazardous materials, litter,
dust, visibility, and other factors. This shall be accomplished by establishing and
enforcing specific environmental performance standards, consistent with state
and/or federal standards and with the City's technical enforcement capabilities.
Standards shall be based on the measurement of the undesirable characteristics at
the property line of the land on which the generating use or activity is located and
shall be based on performance levels deemed to prevent nuisance to surrounding
properties.
(This Policy supersedes Policy 1.3 of the Future Land Use Element: Goals,
Objectives & Policies Subsection)
The City shall mitigate impacts by using land development regulations related to
landscaping including open space and impervious surface ratio requirements,
setbacks, walls/fences, on-site parking, on-site traffic flow, lighting, signs,
pedestrian access, vehicular access and other factors which will mitigate off-site
impacts, optimize open space, protect most effective recharge areas, karst
features, and sensitive natural habitats, and enhance the health, safety, welfare and
appearance of the built environment while providing an effective buffer between
uses (9J-5.006 (3)(c)(4), FAC).
(This Policy supersedes Policy 1.7 of the Future Land Use Element: Goals,
Objectives & Policies Subsection)
The land development regulations shall promote innovative development in those
cases where a public benefit can be realized and impact can be offset by the
development, as follows:
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Policy 4
Policy 5
Policy 6
Policy 7
ORLA_389158.1
· Utilize Planned Unit Development zoning to allow for mixed uses and
unconventional development designs in those cases where the
developer can demonstrate increased effectiveness of service delivery,
improved living environments or protection of natural resources such
as the Floodplain /Conservation land use classification, and the most
effective aquifer recharge areas, karst features, and sensitive natural
habitats as depicted in the Future Land Use Map series.
· Provide development standards that create useable open spaces in new
developments (9J-5.006 (3)(c)(5), F AC).
(This Policy supersedes Policy 1.8 of the Future Land Use Element: Goals,
Objectives & Policies Subsection)
The City shall periodically review and update the City's Land Development Code.
These regulations shall reflect the goals, objectives, and policies contained in this
Comprehensive Plan and shall be consistent with the Future Land Use Map. By
January 2007, the Land Development Code will implement the requirements of
the Wekiva Parkway and Protection Act.
(This Policy supersedes Policy 2.2 of the Future Land Use Element: Goals,
Objectives & Policies Subsection)
The City shall adopt and annually revise a Capital Improvements Program (CIP)
to schedule the provision of future public services and facilities including, but not
limited to the financially feasible schedule of needed improvements for the master
stormwater management plan and the wastewater facility plan as required by
Chapter 369.319 and 369.320, F.S., respectively. The CIP will include the
acquisition of land that will be provided by the City. The Concurrency
Management System shall be utilized to indicate possible infrastructure
deficiencies and identify target areas for improvements.
(This Policy supersedes Policy 5.1 of the Future Land Use Element: Goals,
Objectives & Policies Subsection)
The City shall protect areas of environmental concern including but not limited to
the Floodplain/Conservation land use classification, and the most effective aquifer
recharge areas, karst features, and sensitive natural habitats as depicted on the
Future Land Use Map series, and areas of scenic and historic value, as identified
in the Conservation Element, through development regulations and public
programs, including, but not limited to environmental awareness programs at
recreational facilities and in schools (9J-5.006 (3)(b)(4), FAC).
(This Policy supersedes Policy 5.2 of the Future Land Use Element: Goals,
Objectives & Policies Subsection)
The City shall use development regulations to protect air and water quality, flood-
prone areas, open space, karst features, natural wetland, sensitive natural habitats,
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Policy 8
Policy 9
Policy 10
Policy 11
ORLA_389158.1
wellhead protections areas and the most effective recharge areas for the Floridian
and surficial aquifers. This shall be accomplished by such regulations as are
described in Policy 5.3. In addition, the City shall cooperate with federal, state
and regional environmental management agencies to identify and monitor unusual
activities associated with non-residential uses and to refer observed violations to
the appropriate enforcement authorities.
(This Policy supersedes Policy 5.3 of the Future Land Use Element: Goals,
Objectives & Policies Subsection)
The City shall enforce its Land Development Code to protect surface water quality
including, but not limited to: restrictions in building setbacks, maximum
impervious surface ratios, land use restrictions to ensure compatibility,
development limitations in floodplains, and upland and wetland protection. Land
development regulations shall include restrictions on development within areas
designated as ConservationIFloodplains on the Future Land Use Map. Flood
elevations shall not be adversely impacted and the water quality of the water body
shall not be degraded. Land development regulations shall provide adequate
protection for wetland areas and require central sewer for development within and
adjacent to karst features, wetlands or 100-year floodplain areas (9J-5.006
(3)(c)(1), FAC).
(This Policy supersedes Policy 5.4 of the Future Land Use Element: Goals,
Objectives & Policies Subsection)
The City shall promote the use of upland and wetland corridors and buffer zones
as natural reservations, as identified in the Recreation and Open Space Element.
(This Policy supersedes Policy 5.5 of the Future Land Use Element: Goals,
Objectives & Policies Subsection)
The City shall, in coordination with developers, evaluate soil potential including,
but not limited to most effective aquifer recharge areas and karst features. This
examination and testing will be done on a site-by-site basis. Specific
characteristics and criteria under examination shall be as identified in the Land
Development Code.
(This Policy supersedes Policy 5.6 of the Future Land Use Element: Goals,
Objectives & Policies Subsection)
The City shall require developers to delineate conservation and floodplain lands,
most effective aquifer recharge areas, karst features, and sensitive natural habitats
on a site-by-site basis as their development proposals are submitted. The criteria
used for the delineation shall as be addressed in the Land Development Code
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Policy 12
Policy 13
Policy 14
(This Policy supersedes Policy 5.8 of the Future Land Use Element: Goals,
Objectives & Policies Subsection)
Proposed activities, which would destroy or degrade the functions of wetlands or
other environmentally sensitive natural habitats as defined by the Land
Development Code shall only be permitted in limited instances where
development would be severely restricted. If there is no practical alternative,
mitigation measures shall be undertaken, consistent with the Land Development
Code.
(This Policy supersedes Policy 5.11 of the Future Land Use Element: Goals,
Objectives & Policies Subsection)
The City shall ensure the protection of groundwater sources by restricting
Commercial and Industrial future land uses known to adversely affect the quality
and quantity of identified water sources within wellhead protection areas, existing
cones of influence, areas with karst features and most effective aquifer recharge
areas. In addition, other land use activities such as hazardous waste facilities, fuel
storage facilities, and groundwater injection wells known to adversely affect the
quality and quantity of groundwater sources will be prohibited within wellhead
protection areas, existing cones of influence, areas with karst features and most
effective aquifer recharge areas (9J-5.006 (3)(c)(6) and 9-J-5.013 (2)(c)(1), FAC).
(This Policy supersedes Policy 7.5 of the Future Land Use Element: Goals,
Objectives & Policies Subsection)
To allow for greater open spaces, and to preserve the most effective recharge areas
and to protect karst features, density may be computed in a defined development
project by allowing clustering in certain areas. These clusters may be of greater
density than allowable within the land use designations as long as the total project
does not exceed maximum density as designated on the Future Land Use Map.
Clustering, pursuant to the foregoing concept, may be controlled by density caps,
PUD zoning or a restrictive covenant running with the land with power of
enforcement in favor of the City.
III. Potable Water: Goals, Objectives & Policies
Objective 1
ORLA_389158.1
Within nine months after the completion of the necessary studies needed
to update the 10-year water supply facility work plan required under ss.
369.321(4), Florida Statutes, the Community Development Department in
conjunction with the Engineering, Public Works, and the Utilities
Departments will review and, if needed, modify or amend the text and the
goals, objectives, and policies in the Potable Water Sub-element of the
Comprehensive Plan to reflect any changes mandated by the Wekiva
Parkway Protection Act.
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IV. Sanitary Sewer: Goals, Objectives & Policies
Objective 1
Within nine months after the completion of the waste water facility plan as
required under ss. 369.320(1), F.S., the Community Development
Department in conjunction with the Engineering, Public Works, and the
Utilities Departments will review and, if needed, modify or amend the text
and the goals, objectives, and policies in the Sanitary Sewer Sub-element
of the Comprehensive Plan to reflect any changes mandated by the Wekiva
Parkway Protection Act.
V. Natural Groundwater Aquifer Recharge: Goals, Objectives & Policies
Objective 1
Within nine months after the completion of the joint stormwater
management plan as required under ss. 369.319, F.S., coordinated with the
St. Johns River Water Management District and other local governments
within the Wekiva Study Area, the Community Development Department
in conjunction with the Engineering, Public Works, and the Utilities
Departments will review and, if needed, modify or amend the text and the
goals, objectives, and policies in the Stormwater Sub-element and the
Capital Improvements Element of the Comprehensive Plan to ensure the
implement the master stormwater management plan under ss. 369.321(2),
F.S. to reflect any changes mandated by the Wekiva Parkway Protection
Act.
VI. Recreation & Open Space Element: Goals, Objectives & Policies
Objective 1 (This Policy supersedes Objective 7 of the Recreation & Open Space Element:
Goals, Objectives & Policies Subsection)
Lands designated as ConservationIFloodplains and karst features depicted on the
Future Land Use Map Series and as Open Space as defined in the Parks and Open
Space Master Plan adopted September, 2001 shall be protected from
encroachment, development, and incompatible uses.
Policy 1 (This Policy supersedes Policy 1.3 of the Recreation and Open Space Element:
Goals, Objectives & Policies Subsection)
Park and open space facilities shall not be converted to non-park uses except
where the City Commission finds such conversion essential to protect the public
health, safety and welfare. Where there is a reduction in area or facility capacity
as a result of a conversion, additional facilities necessary to restore lost capacity
shall be provided within one (1) year. Should a conversion be unavoidable in a
Natural Reservations, as defined in the Recreation & Open Space Element, the
mitigation will follow the standards set forth in the Conservation Element and the
Ocoee Land Development Code.
ORLA_389158.1 -9-
Policy 2
Policy 3
Policy 4
Policy 5
(This Policy supersedes Policy 7.2 of the Recreation and Open Space Element:
Goals, Objectives & Policies Subsection)
The City shall acquire, protect, and maintain natural area reservations and
conservation easements to protect open space, wetlands, karst features, lakes, and
natural vegetation from development and incompatible land uses.
(This Policy supersedes Policy 7.3 of the Recreation and Open Space Element:
Goals, Objectives & Policies Subsection)
The City shall adopt incentives to encourage the provision of open space to
protect natural resources areas such as karst features and sensitive natural habitats
within development projects.
(This Policy supersedes Policy 7.4 of the Recreation and Open Space Element:
Goals, Objectives & Policies Subsection)
Open space in parks shall be maintained to protect and preserve sensitive natural
habitats, and provide passive recreation opportunities and public access to water
bodies.
(This Policy supersedes Policy 8.4 of the Recreation and Open Space Element:
Goals, Objectives & Policies Subsection)
Developer incentives, impact fee credits, density transfers, and tax incentives shall
be used to facilitate the acquisition and development of City parks identified in
the Parks and Open Space Master Plan adopted September, 2001, as appropriate.
VII. Conservation: Goals, Objectives & Policies
Objective 1 (This Objective supersedes Objective 8 of the Conservation Element: Goals,
Objectives & Policies Subsection)
The City shall continue to promote, through the following policies, the protection
of natural reservations (as defined in the Recreation and Open Space Element) to
lessen the adverse effects that adjacent developments might have (Chapter
187.201, 8(a), 8(b)2, 4, and 8, 10(a), 10(b)1-13, 19(a), 19(b)1-6; 9J-5.013(2)(c)7,
FAC).
Policy 1 (This Policy supersedes Policy 2.2 of the Conservation Element: Goals,
Objectives & Policies Subsection)
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 most effective aquifer recharge areas. In addition, other
land use activities such as hazardous waster facilities, fuel storage facilities, and
groundwater injection wells known to adversely affect the quality and quantity of
groundwater sources will be prohibited within wellhead protection areas, existing
ORLA_389158.1 -10-
Policy 1
Policy 2
Policy 3
ORLA_389158.1
(This Policy supersedes Policy 2.2 of the Conservation Element: Goals,
Objectives & Policies Subsection)
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 most effective aquifer recharge areas. In addition, other
land use activities such as hazardous waster facilities, fuel storage facilities, and
groundwater injection wells known to adversely affect the quality and quantity of
groundwater sources will be prohibited within wellhead protection areas, existing
cones of influence, and most effective aquifer recharge areas (9J-5.006 (3)(c)(6)
and 9-J-5.013 (2)(c)(1), FAC).
(This Policy supersedes Policy 2.3 of the Conservation Element: Goals, Objectives
& Policies Subsection)
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, conservation uses or
recreational uses which encourage enjoyment of such areas.
(This Policy supersedes Policy 6.2 of the Conservation Element: Goals,
Objectives & Policies Subsection)
The City's land development regulations include provisions for the protection and
conservation of the natural function of existing soils including, but not limited the
most effective aquifer recharge areas, karst features, wildlife habitat, lakes,
floodplains, wetlands and ecological communities by the following methods (9J-
5.013(2)(c) 6 & 9, FAC; ECFRPC Policies 4.29 & 4.31).
a) Identify and preserve the most sensitive portions of each ecological
community.
b) Provide for a development plan, which promotes clustering of dwelling units
away from sensitive portions of the community associations.
c) Discourage the fragmentation of large ecological community associations.
d) Provide for buffers with a minimum width of twenty-five (25) feet adjacent to
the ecological community.
e) Require sustainable management to restore affected disturbed communities.
-11-
Policy 4
Policy 5
Policy 6
Policy 7
ORLA_389158.1
f) Provide comprehensive mitigation measures where environmental impacts are
unavoidable.
(This Policy supersedes Policy 6.4 of the Conservation Element: Goals,
Objectives & Policies Subsection)
The City shall assist, through local staff enforcement means, appropriate state and
federal agencies responsible for enforcing regulations concerning rare and
endangered plant and animal species.
(This Policy supersedes Policy 6.5 of the Conservation Element: Goals,
Objectives & Policies Subsection)
The City shall ensure that property owners use appropriate practices in preserving
sensitive natural habitats, through the review of all building and clearing permits.
Appropriate practices shall include but not be limited to: identification on
development plans of specific habitat areas based on the City's comprehensive
inventory and other sources, orientation of activities, structures, and disturbed
areas away from those habitat areas and establishment of operational rules to
respect habitat areas.
(This Policy supersedes Policy 6.8 of the Conservation Element: Goals,
Objectives & Policies Subsection)
The City may protect endangered and rare plant and animal species by use of
conservation easements transfer of development rights, and fee simple acquisition
and zoning where the protection of habitats cannot be accomplished through
design review and development standards (ECFRPC Policy 4.26).
.
(This Policy supersedes Policy 6.9 of the Conservation Element: Goals,
Objectives & Policies Subsection)
The City shall cooperate and coordinate with adjacent local governments to
conserve, appropriately use, or protect sensitive natural habitats located within
joint jurisdictions (9J-5.013(2)(c)(8), FAC).
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PART III
WE KIVA PARKWAY AND PROTECTION ACT
369.314 Short title.
369.315 Intent.
369.316 Wekiva Study Area.
369.317 We kiva Parkway.
369.318 Studies.
369.319 Master stormwater management plan.
369.320 Wastewater facility plan.
369.321 Comprehensive plan amendments.
369.322 Coordination of land use and water supply within the Wekiva Study Area.
369.323 Compliance.
369.324 Wekiva River Basin Commission.
369.314 Short title.--This act may be cited as the "We kiva Parkway Protection Act."
History.--s. 1, ch. 2004-384.
369.315 Intent.--
(1) The Legislature finds that, in general, Florida springs whether found in urban or rural
settings, public parks, or private lands, are threatened by actual and potential flow reductions
and declining water quality. As a result of climate patterns and population changes, over the
past 30 years, many of Florida's springs have begun to exhibit signals of distress, including
increasing nutrient loading and lowered water flow. The groundwater that feeds springs is
recharged by seepage from the surface and through direct conduits such as sinkholes.
(2) The Legislature further finds that springs and groundwater once damaged by overuse can
be restored through good stewardship, including effective planning strategies and best
management practices to preserve and protect the spring and its springshed. Prudent land use
planning decisions can protect and improve quality and quantity, as well as upland resources of
a springshed. Managing land use types and their allowable densities and intensities of
development, followed by specific site planning to further minimize impacts, rank as an
important goal.
(3) It is the intent of the Legislature that the recommendations of the We kiva River Basin
Coordinating Committee as stated in its final report dated March 16, 2004, be taken and
implemented as a whole to achieve the objective of improving and assuring protection of
surface water and groundwater resources. Coordination of comprehensive plans and the
Regional Water Supply Plan is important for protection of water resources and to promote the
continuity of effective planning and development.
(4) It is not the intent of the Legislature to place an undue burden on local governments within
the Wekiva Study Area. Any required We kiva Study Area comprehensive plan amendments may
be adopted in conjunction with other amendments not required by this part.
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History.--s. 1, ch. 2004-384.
369.316 Wekiva Study Area.--The Wekiva Study Area is defined to include the following land:
Begin at the northwest corner of Section 6, Township 18 South, Range 28 East, Lake County,
Florida, said corner lying on the north line of Township 18 South; thence Easterly along said
north line of Township 18 South to the northeast corner of Section 5, Township 18 South, Range
29 East; thence Southerly along the east line of said Section 5 to the northeast corner of
Section 8, Township 18 South, Range 29 East; thence Southerly along the east line of said
Section 8 to the northeast corner of Section 17, Township 18 South, Range 29 East; thence
Southerly along the east line of said Section 17 to the northeast corner of Section 20, Township
18 South, Range 29 East; thence Southerly along the east line of said Section 20 to the
northeast corner of Section 29, Township 18 South, Range 29 East; thence Southerly along the
east line of said Section 29 to the northeast corner of Section 32, Township 18 South, Range 29
East; thence Southerly along the east line of said Section 32 to the southeast corner thereof,
said corner lying on the south line of Township 18 South; thence Easterly along the south line of
said Township 18 South to an intersection with the east line of Range 29 East; thence Southerly
along the east line of said Range 29 East to the southeast corner of Section 24, Township 21
South, Range 29 East; thence Westerly along the south line of said Section 24 to the southeast
corner of Section 23, Township 21 South, Range 29 East; thence Westerly along the south line
of said Section 23, to an intersection with the centerline of Interstate Highway No.4; thence
generally Southerly along the centerline of Interstate Highway No.4 to an intersection with the
south line of Section 13, Township 22 South, Range 29 East; thence Westerly along the south
line of said Section 13 to the southeast corner of Section 14, Township 22 South, Range 29 East;
thence Westerly along the south line of said Section 14 to the southeast corner of Section 15,
Township 22 South, Range 29 East; thence Westerly along the south line of said Section 15 to
the northeast corner of Section 21, Township 22 South, Range 29 East; thence Southerly along
the east line of said Section 21 to an intersection with the centerline of State Road No. 50;
thence Westerly along the centerline of said State Road No. 50 to the northeast corner of
Section 30, Township 22 South, Range 28 East; thence Southerly along the east line of said
Section 30 to the northeast corner of Section 31, Township 22 South, Range 28 East; thence
Southerly along the east line of said Section 31 to the southeast corner thereof, said corner
lying on the south line of Township 22 South; thence Westerly along said south line of Township
22 South to the northeast corner of Section 2, Township 23 South, Range 27 East; thence
Southerly along the east line of said Section 2 to the northeast corner of Section 11, Township
23 South, Range 27 East; thence Southerly along the east line of said Section 11 to the
southeast corner thereof; thence Westerly along the south line of said Section 11 to the
southeast corner of Section 10, Township 23 South, Range 27 East; thence Westerly along the
south line of said Section 10 to the southeast corner of Section 9, Township 23 South, Range 27
East; thence Westerly along the south line of said Section 9 to the southeast corner of Section
8, Township 23 South, Range 27 East; thence Westerly along the south line of said Section 8 to
the southeast corner of Section 7, Township 23 South, Range 27 East; thence Westerly along
the south line of said Section 7 to the southwest corner thereof, said corner lying on the line of
demarcation between Orange County and Lake County; thence generally Northerly and along
said county line to the northeast corner of Section 12, Township 20 South, Range 26 East, said
corner lying on the east line of Range 26 East; thence generally Northerly and along said east
line of Range 26 East to the southeast corner of Section 24, Township 19 South, Range 26 East;
thence Westerly along the south line of said Section 24 to the southeast corner of Section 23,
Township 19 South, Range 26 East; thence Westerly along the south line of said Section 23 to
the southwest corner thereof; thence Northerly along the west line of said Section 23 to the
southwest corner of Section 14, Township 19 South, Range 26 East; thence Northerly along the
west line of said Section 14 to the southwest corner of Section 11, Township 19 South, Range
26 East; thence generally Northeasterly to the southwest corner of Section 1, Township 19
South, Range 26 East; thence generally Northeasterly to the southwest corner of Section 31,
Township 18 South, Range 27 East; thence generally Northeasterly to the southwest corner of
Section 29, Township 18 South, Range 27 East; thence generally Northeasterly to the northwest
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corner of Section 28, Township 18 South, Range 27 East; thence Easterly along the north line of
said Section 28 to the northwest corner of Section 27, Township 18 South, Range 27 East;
thence Easterly along the north line of said Section 27 to the northwest corner of Section 26,
Township 18 South, Range 27 East; thence Easterly along the north line of said Section 26 to
the northwest corner of Section 25, Township 18 South, Range 27 East; thence Easterly along
the north line of said Section 25 to an intersection with the west line of Range 28 East; thence
Northerly along the west line of said Range 28 East, to the northwest corner of Section 6,
Township 18 South, Range 28 East, and the Point of Beginning.
History.--s. 1, ch. 2004-384.
369.317 Wekiva Parkway.--
(1) The "Wekiva Parkway" means any limited access highway or expressway constructed
between State Road 429 and Interstate 4 specifically incorporating the corridor alignment
recommended by Recommendation 2 of the Wekiva River Basin Area Task Force final report
dated January 15, 2003, and the recommendations of the SR 429 Working Group that were
adopted January 16, 2004.
(2) The We kiva Parkway and related transportation facilities shall follow the design criteria
contained in the recommendations of the Wekiva River Basin Area Task Force adopted by
reference by the Wekiva River Basin Coordinating Committee in its final report of March 16,
2004, and the recommendations of the Wekiva Coordinating Committee contained in its final
report of March 16, 2004, subject to reasonable environmental, economic, and engineering
considerations.
(3) With the exception of the road commonly referred to as the Apopka Bypass, the
construction of any other limited-access highway or expressway that is identified by the Final
Recommendations of the State Road 429 Working Group adopted January 16, 2004, within the
Wekiva Study Area shall adhere to transportation and conservation principles identified within
the Final Report of the Wekiva River Basin Coordinating Committee dated March 16, 2004. If
any other limited-access highway or expressway is considered within the Wekiva Study Area,
then such a project shall adhere to the extent practicable with transportation and conservation
principles identified within the Final Report of the Wekiva River Basin Coordinating Committee
dated March 16, 2004.
(4) Access to properties adjacent to SR 46 shall be maintained through appropriate
neighborhood streets or frontage roads integrated into the parkway design.
(5) In Seminole County, the Seminole County Expressway Authority, the Department of
Transportation, and the Florida Turnpike Enterprise shall locate the precise corridor and
interchanges for the Wekiva Parkway consistent with the legislative intent expressed in this act
and other provisions of this act.
(6) The Orlando-Orange County Expressway Authority is hereby granted the authority to act as
a third-party acquisition agent, pursuant to s. 259.041 on behalf of the Board of Trustees or
chapter 373 on behalf of the governing board of the St. Johns River Water Management
District, for the acquisition of all necessary lands, property and all interests in property
identified herein, including fee simple or less-than.fee simple interests. The lands subject to
this authority are identified in paragraph 10.a., State of Florida, Office of the Governor,
Executive Order 03-112 of July 1, 2003, and in Recommendation 16 of the Wekiva Basin Area
Task Force created by Executive Order 2002-259, such lands otherwise known as Neighborhood
Lakes, a 1,587+/- acre parcel located in Orange and Lake Counties within Sections 27,28,33,
and 34 of Township 19 South, Range 28 East, and Sections 3, 4, 5, and 9 of Township 20 South,
Range 28 East; Seminole Woods/Swamp, a 5,353+/- acre parcel located in Lake County within
Section 37, Township 19 South, Range 28 East; New Garden Coal; a 1,605+/- acre parcel in Lake
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County within Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28 East; Pine
Plantation, a 617+/ - acre tract consisting of eight individual parcels within the Apopka City
limits. The Department of Transportation, the Department of Environmental Protection, the St.
Johns River Water Management District, and other land acquisition entities shall participate
and cooperate in providing information and support to the third-party acquisition agent. The
land acquisition process authorized by this paragraph shall begin no later than December 31,
2004. Acquisition of the properties identified as Neighborhood Lakes, Pine Plantation, and New
Garden Coal, or approval as a mitigation bank shall be concluded no later than December 31,
2010. Department of Transportation and Orlando-Orange County Expressway Authority funds
expended to purchase an interest in those lands identified in this subsection shall be eligible as
environmental mitigation for road construction related impacts in the We kiva Study Area.
(a) Acquisition of the land described in this section is required to provide right of way for the
Wekiva Parkway, a limited access roadway linking State Road 429 to Interstate 4, an essential
component in meeting regional transportation needs to provide regional connectivity, improve
safety, accommodate projected population and economic growth, and satisfy critical
transportation requirements caused by increased traffic volume growth and travel demands.
(b) Acquisition of the lands described in this section is also required to protect the surface
water and groundwater resources of Lake, Orange, and Seminole counties, otherwise known as
the Wekiva Study Area, including recharge within the springshed that provides for the We kiva
River system. Protection of this area is crucial to the long term viability of the Wekiva River
and springs and the central Florida region's water supply. Acquisition of the lands described in
this section is also necessary to alleviate pressure from growth and development affecting the
surface and groundwater resources within the recharge area.
(c) Lands acquired pursuant to this section that are needed for transportation facilities for the
Wekiva Parkway shall be determined not necessary for conservation purposes pursuant to ss.
253.034(6) and 373.089(5) and shall be transferred to or retained by the Orlando-Orange
County Expressway Authority or the Department of Transportation upon reimbursement of the
full purchase price and acquisition costs.
(7) The Department of Transportation, the Department of Environmental Protection, the St.
Johns River Water Management District, Orlando-Orange County Expressway Authority, and
other land acquisition entities shall cooperate and establish funding responsibilities and
partnerships by agreement to the extent funds are available to the various entities. Properties
acquired with Florida Forever funds shall be in accordance with s. 259.041 or chapter 373. The
Orlando-Orange County Expressway Authority shall acquire land in accordance with this section
of law to the extent funds are available from the various funding partners, but shall not be
required nor assumed to fund the land acquisition beyond the agreement and funding provided
by the various land acquisition entities.
(8) The Department of Environmental Protection and the St. Johns River Water Management
District shall give the highest priority to the acquisition of the lands described and identified in
subsection (6) for Florida Forever purchases.
History.--s. 1, ch. 2004-384.
369.318 Studies.--
(1) The Department of Environmental Protection shall study the efficacy and applicability of
water quality and wastewater treatment standards needed to achieve nitrogen reductions
protective of surface and groundwater quality within the Wekiva Study Area and report to the
Governor and the Department of Community Affairs no later than December 1, 2004. Based on
the December 2004 report, the Department of Environmental Protection shall, if appropriate,
by March 1, 2005, initiate rulemaking to achieve nitrogen reductions protective of surface and
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groundwater quality or recommend any additional statutory authority needed to implement the
report recommendations.
(2) The Department of Health, in coordination with the Department of Environmental
Protection, shall study the efficacy and applicability of on site disposal system standards
needed to achieve nitrogen reductions protective of groundwater quality within the We kiva
Study Area including publicly owned lands and report to the Governor and the Department of
Community Affairs no later than December 1, 2004. Based on the December 2004 report, the
Department of Health shall, if appropriate, by March 1, 2005, initiate rulemaking to achieve
nitrogen reductions protective of water quality or recommend legislation for any additional
statutory authority needed to implement the report recommendations. The study shall
consider:
(a) For new developments within the Wekiva Study Area and any existing development within
the We kiva River Protection Area using onsite disposal systems, a more stringent level of
wastewater treatment, including, but not limited to, the use of multiple tanks to combine
aerobic and anaerobic treatment to reduce the level of nitrates.
(b) The implementation of a septic tank maintenance and inspection program which includes
upgrading certain onsite disposal systems permitted prior to 1982 to meet minimum
Department of Health standards; replacement of failing systems and systems not meeting
current standards; and providing funding mechanisms for supporting a septic tank inspection
and maintenance program.
(3) The St. Johns River Water Management District shall initiate rulemaking to:
(a) Amend the recharge criteria in rule 40C-41.063(3), Florida Administrative Code, to apply to
all recharge lands within the Wekiva Study Area.
(b) Adopt a consolidated environmental resources permit/consumptive use permit for projects
that require both an environmental resource permit and a consumptive use permit that involve
irrigation of urban landscape, golf course, or recreational areas.
(4) By March 1, 2005, the St. Johns River Water Management District in conjunction with the
Department of Environmental Protection, shall initiate rulemaking to amend the recharge
criteria in rule 40C-41.063(3), Florida Administrative Code, to provide that the
postdevelopment recharge volume conditions within the Wekiva Study Area approximate
predevelopment recharge volume conditions. The district shall study and undertake this
rulemaking to accomplish this standard on a development-specific basis. The rule shall permit
the utilization of existing permitted municipal master stormwater systems with adequate
capacity to meet the new standards in lieu of onsite retention and shall provide applicants with
the ability to submit appropriate geotechnical information demonstrating that a specific site is
not within a most effective recharge area of the Wekiva springshed.
(5) The St. Johns River Water Management District shall complete an assessment of the
significance of water uses below the current consumptive use permit thresholds in the Wekiva
Study Area to determine if rulemaking should be initiated to lower consumptive use permit
thresholds.
(6) The St. Johns River Water Management District shall conduct an analysis of the impact of
redevelopment projects in the We kiva River basin upon aquifer recharge and shall consider
whether to adopt a rule amendment to require those redevelopment projects exceeding a
specified threshold to meet the Wekiva Basin recharge criteria. The effect of redevelopment
upon aquifer recharge shall be analyzed, and then the costs of regulation shall be analyzed.
(7) By December 1, 2007, the St. Johns River Water Management District shall update the
minimum flows and levels standards for Rock Springs and Wekiva Springs. Further, the district
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shall revise the consumptive use permit thresholds in the Wekiva Study Area to address
proposed water withdrawals above 50,000 gallons per day. Revisions to the consumptive use
thresholds shall provide for a general permit, if possible, and include a transition period that
allows continued access to water supply for users that were not previously subject to the
permitting process.
(8) By December 1, 2005, the St. Johns River Water Management District shall establish
pollution load reduction goals for the We kiva Study Area to assist the Department of
Environmental Protection in adopting total maximum daily loads for impaired waters within the
Wekiva Study Area by December 1, 2006.
(9) The Department of Agriculture and Consumer Services shall be the lead agency in
coordinating the reduction of agricultural nonpoint sources of pollution. The Department of
Agriculture and Consumer Services shall study, and if necessary, initiate rulemaking to
implement new or revised best management practices for improving and protecting water
bodies, including those basins with impaired water bodies addressed by the Total Maximum
Daily Loads Program.
History.--s. 1, ch. 2004-384.
369.319 Master stormwater management plan.--Each local government within the Wekiva
Study Area shall develop a master stormwater management plan that: assesses existing
problems and deficiencies in the community; identifies projects to meet long-range needs;
establishes priorities to address existing deficiencies; establishes measures to address
redevelopment; establishes a schedule to complete needed improvements; evaluates the
feasibility of stormwater reuse; and includes requirements for inspection and maintenance of
facilities. The plan shall also identify a funding source, such as a stormwater utility fee, to
fund implementation of the plan and maintenance program. In addition, the local government
shall establish a water reuse and irrigation program that allows for reuse of stormwater on a
site basis for development over a size threshold to be determined by the local government or
on a jurisdiction-wide basis to minimize pumpage of groundwater for nonpotable usage.
History.--s. 1, ch. 2004-384.
369.320 Wastewater facility plan.--
(1) Local governments within the Wekiva Study Area shall develop a wastewater facility plan
for joint planning areas and utility service areas where central wastewater systems are not
readily available. The facility plan shall include: the delineation of areas within the utility
service area that are to be served by central facilities within 5 years; a financially feasible
schedule of improvements; an infrastructure work plan to build the facilities needed to
implement the facility plan, including those needed to meet enhanced treatment standards
adopted by the Department of Environmental Protection; and a phase-out of existing onsite
septic tank systems where central facilities are available. The term available shall be
interpreted consistent with the definition of s. 381.0065(2)(a). The facility plan shall also
include a long-range component addressing service of the joint planning area or utility service
area. In addition, local governments shall establish a water reuse program that allows for reuse
of reclaimed water on a site-by-site basis for development over a size threshold to be
determined by the local government or on a jurisdiction-wide basis to minimize pumpage of
groundwater for nonpotable usage.
(2) Local governments shall update their wastewater facility plans required in subsection (1)
where the Total Maximum Daily Loads Program requires reductions in point source pollutants
for a basin or as required by legislation for enhanced treatment standards.
History.--s. 1, ch. 2004-384.
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369.321 Comprehensive plan amendments.--By January 1, 2006, each local government
within the Wekiva Study Area shall amend its local government comprehensive plan to include
the following:
(1) Local governments hosting an interchange on the Wekiva Parkway shall adopt an
interchange land use plan into their comprehensive plans. Each interchange land use plan shall
address: appropriate land uses and compatible development; secondary road access; access
management; right-of-way protection; vegetation protection and water conserving landscaping;
and the height and appearance of structures and signage. Local governments within which the
Wekiva Parkway is planned shall amend their local government comprehensive plan to include
the We kiva Parkway.
(2) Local governments shall amend the appropriate elements of the comprehensive plan,
including the capital improvements element, to ensure implementation of the master
stormwater management plan.
(3) Local governments shall amend their comprehensive plans to establish land use strategies
that optimize open space and promote a pattern of development on a jurisdiction-wide basis
that protects the most effective recharge areas, karst features, and sensitive natural habitats
including Longleaf Pine, Sand Hill, Sand Pine, and Xeric Oak Scrub. Such strategies shall
recognize property rights and the varying circumstances within the Wekiva Study Area,
including rural and urban land use patterns. Local comprehensive plans shall map, using best
available data from the St. Johns River Water Management District and the Fish and Wildlife
Conservation Commission, recharge areas and sensitive upland habitats for this purpose. Local
governments shall have flexibility to achieve this objective through comprehensive plan
strategies that may include, but are not limited to:
(a) Coordinated greenway plans;
(b) Dedication of conservation easements;
(c) Land acquisition;
(d) Clustering of development;
(e) Density credits and density incentives which result in permanent protection of open space;
and
(f) Low to very low density development.
(4) An up-to-date 1 O-year water supply facility work plan for building potable water facilities
necessary to serve existing and new development and for which the local government is
responsible as required by s. 163.3177(6)(c).
(5) Comprehensive plans and comprehensive plan amendments adopted by the local
governments to implement this section shall be reviewed by the Department of Community
Affairs pursuant to s. 163.3184, and shall be exempt from the provisions of s. 163.3187(1).
(6) Implementing land development regulations shall be adopted no later than January 1,
2007.
(7) During the period prior to the adoption of the comprehensive plan amendments required by
this act, any local comprehensive plan amendment adopted by a city or county that applies to
land located within the Wekiva Study Area shall protect surface and groundwater resources and
be reviewed by the Department of Community Affairs, pursuant to chapter 9J-5, Florida
Administrative Code, using best available data, including the information presented to the
We kiva River Basin Coordinating Committee.
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History.--s. 1, ch. 2004-384.
369.322 Coordination of land use and water supply within the Wekiva Study Area.--
(1) In their review of local government comprehensive plan amendments for property located
within the Wekiva Study Area pursuant to s. 163.3184, the Department of Community Affairs
and the St. Johns River Water Management District shall assure that amendments that increase
development potential demonstrate that adequate potable water consumptive use permit
capacity is available.
(2) Local governments located within the Wekiva Study Area shall coordinate with the St.
Johns River Water Management District and other public and private utilities, on a countywide
or multicounty basis, to implement cooperative solutions for development of alternative water
sources necessary to supplement groundwater supplies consistent with the St. Johns River
Water Management District Regional Water Supply Plan.
(3) In recognition of the need to balance resource protection, existing infrastructure and
improvements planned or committed as part of approved development, consistent with existing
municipal or county comprehensive plans and economic development opportunities, planned
community development initiatives that assure protection of surface and groundwater
resources while promoting compact, ecologically and economically sustainable growth should
be encouraged. Small area studies, sector plans, or similar planning tools should support these
community development initiatives. In addition, the Department of Community Affairs may
make available best practice guides that demonstrate how to balance resource protection and
economic development opportunities.
History.--s. 1, ch. 2004-384.
369.323 Compliance.--Comprehensive plans and plan amendments adopted by the local
governments within the Wekiva Study Area to implement this act shall be reviewed for
compliance by the Department of Community Affairs.
History.--s. 1, ch. 2004-384.
369.324 We kiva River Basin Commission.--
(1) The Wekiva River Basin Commission is created to monitor and ensure the implementation
of the recommendations of the Wekiva River Basin Coordinating Committee for the We kiva
Study Area. The East Central Florida Regional Planning Council shall provide staff support to
the commission with funding assistance from the Department of Community Affairs. The
commission shall be comprised of a total of 19 members appointed by the Governor, 9 of whom
shall be voting members and 10 shall be ad hoc nonvoting members. The voting members shall
include:
(a) One member of each of the Boards of County Commissioners for Lake, Orange, and
Seminole Counties.
(b) One municipal elected official to serve as a representative of the municipalities located
within the We kiva Study Area of Lake County.
(c) One municipal elected official to serve as a representative of the municipalities located
within the Wekiva Study Area of Orange County.
(d) One municipal elected official to serve as a representative of the municipalities located
within the Wekiva Study Area of Seminole County.
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(e) One citizen representing an environmental or conservation organization, one citizen
representing a local property owner, a land developer, or an agricultural entity, and one at-
large citizen who shall serve as chairman of the council.
(f) The ad hoc nonvoting members shall include one representative from each of the following
entities:
1. St. Johns River Management District.
2. Department of Community Affairs.
3. Department of Environmental Protection.
4. Department of Health.
5. Department of Agriculture and Consumer Services.
6. Fish and Wildlife Conservation Commission.
7. Department of Transportation.
8. MetroPlan Orlando.
9. Orlando-Orange County Expressway Authority.
10. Seminole County Expressway Authority.
(2) Voting members shall serve 3-year, staggered terms, and shall serve without compensation
but shall serve at the expense of the entity they represent.
(3) Meetings of the commission shall be held in Lake, Orange, or Seminole county at the call of
the chairman, but shall meet at least twice a year.
(4) To assist the commission in its mission, the East Coast Regional Planning Council, in
coordination with the applicable regional and state agencies, shall serve as a clearinghouse of
baseline or specialized studies through modeling and simulation, including collecting and
disseminating data on the demographics, economics, and the environment of the We kiva Study
Area including the changing conditions of the We kiva River surface and groundwater basin and
associated influence on the We kiva River and the We kiva Springs.
(5) The commission shall report annually, no later than December 31 of each year, to the
Governor, the President of the Senate, the Speaker of the House of Representatives, and the
Department of Community Affairs on implementation progress.
History.--s. 1, ch. 2004-384.
File: H:\Wekiva Study Area\Law&Rules\Wekiva Prkwy & Protection Act_Ch369FS.doc
Page 9 of 9
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Voting Members:
Honorable Senator Constantine, Lee
Florida State Senator
378 Centerpointe Circle Ste 1268
Altamonte Springs, FL 32701-3442
Phone: (407)331-9675
Fax: (407) 262-7580
Email: constantine.lee.s22@flsenate.gov
Web: www.flsenate.gov
Honorable Mayor Yatsuk, James
Mayor
City of Mount Dora
510 Baker St
PO Box 176
Mount Dora, FL 32756
Phone: (352)735-7100
Fax: (352) 383-4801
Email: mayor@ci.mount-dora.fl.us
Web: www.ci.mount-dora.fl.us
Mr. Battaglia, William "Bill" P.
President
Battaglia Fruit Company, Inc.
PO Box 3010
Winter Park, FL 32789-
Phone: (407) 622-1700
Fax: (407) 622-1717
Email: bill@battagliagroup.com
Web: www.battagliagroup.com
Mr. Lee, Charles
Senior Vice President
Florida Audubon Society
1101 Audubon Way
Maitland, FL 32751
Phone: (407) 539-5700
Fax: (407) 539-5701
Email: clee@audubon.org
Web: www.audubon.org
Wekiva River Basin
Commission
Member Roster
Honorable Commissioner Jacobs, Teresa
Commissioner, District I
Orange County Board of County
Commissioners
201 S Rosalind Ave
5th Floor
Orlando, FL 32802-1393
Phone: (407) 836-7350
Fax: (407) 836-5879
Email: Iynette.jones@ocfl.net
Web: wwwonet.gov.net
Honorable Commissioner Hanson,
Catherine
Commissioner, District 4
Lake County Board of County
Commissioners
PO Box 7800
Tavares, FL 32778-7800
Phone: (352) 343-9850
Fax: (352) 343-9495
Email: chanson@co.lake.fl.us
Web: www.lakegovemment.com
Honorable Commissioner Carey, Brenda
Commissioner, District 5
Seminole County Board of County
Commissioners
Services Building
1101 E. First Street
Sanford, FL 32771
Phone: (407)665-7209
Fax: (407) 665-7958
Email: alockhart@seminolecountyfl.gov
Web: www.seminolecountyfl.gov
Honorable Mayor Land, John H.
Mayor
City of Apopka
120 E Main St
PO Box 1229
Apopka, FL 32704-1229
Phone: (407) 703-1703
Fax: (407)703-1705
Email: hhaley@apopka.net
Web: www.apopka.net
Honorable Commissioner Wolfram, Steve
City Commission
City of Altamonte Springs
225 Newburyport Ave
Altamonte Springs, FL 3270 I
Phone: (407)339-0302
Fax: (407) 862-6624
Email: wolframs@mindspring.com
Web: www.ci.altamonte.org
Ex-Officio Nonvoting Members:
Mr. Cohen, Thaddeus
Secretary of DCA
2555 Shumard Oak Blvd
Tallahassee, FL 32399-
Phone: (850) 488-8466
Fax: (850) 921-0781
Email: thaddeus.cohen@dca.state.fl.us
Web: www.dca.state.fl.us
Mr. Barley, Harold W.
Executive Director
MetroPlan Orlando
315 E Robinson St Ste 355
Orlando, FL 32801
Phone: (407) 481-5672 Ext. 313
Fax: (407) 481-5680
Email: hbarley@metroplanorlando.com
Web: www.metroplanorlando.com
Mr. Johnson, W Gary
Executive Director
Seminole County Expressway Authority
520 W Lake Mary Blvd
Sanford, FL 32773-
Phone: (407) 665-560 I
Fax: (407) 665-5742
Email: gjohnson@seminolecountyfl.gov
Web: www.seminolecountyfl.gov
Mr. Aller, Charles C.
Director of the Office of Agriculture Water
Policy
Florida Department of Agriculture and
Consumer Services
3125 Conner Blvd
Tallahassee, FL 32399-
Phone: (850) 410-6732
Fax: (850) 922-4936
Email: allerc@doacs.state.fl.us
Web: www.doacs.state.fl.us
Ms. Sorensen, Bonita J.
Deputy State Health Officer
Florida Department of Health
4052 Bald Cypress Way BIN A-07
Tallahassee, FL 32399-1708
Phone: (850) 245-4244
Fax: (850) 487-3729
Email: bonita_sorensen@doh.state.fl.us
Web: www.doh.state.fl.us
Mr. Gilhooley, George M.
District Secretary
Florida Department of Transportation
719 S Woodland Blvd
Deland, FL 32720-
Phone: (386) 943-5475
Fax: (386) 740-2675
Email: george.gilhooley@dot.state.fl.us
Web: www.dot.state.fl.us
Mr. David, Dennis
Regional Director
Florida Fish and Wildlife Conservation
Commission
1239 SW 10th Street
Ocala, FL 34474
Phone: (352) 732-1390
Fax: (352) 732-1391
Email: dennis.david@fwc.state.fl.us
Web: www.fwc.state.fl.us
Ms. Garfein, Vivian
District Director
Florida Department of Environmental
Protection
3319 Maguire Blvd Ste 232
Orlando, FL 32803-3767
Phone: (407) 893-3338
Fax: (407) 897-6499
Email: vivian.garfein@dep.state.fl.us
Web: www.dep.state.fl.us
Mr. Green, Kirby
Executive Director
SJRWMD
PO Box 1429
Palatka, FL 32178-1429
Phone: (386) 329-4262
Fax: (386) 329-4125
Email: kgreen@sjrwmd.com
Web: www.sjrwmd.com
Mr. Keen, Allan E.
Chairman of Orlando/Orange Co. Expressway
Authority
The Keewin Real Property Company
1031 W Morse Blvd
Suite 325
Winter Park, FL 32789
Phone: (407) 645-4400
Fax: (407) 645-0340
Email: aekeen@cfl.rr.com
City of Ocoee
10/20/2005
I. Proposed Comprehensive Plan Amendments for Local
Governments within the Wekiva Study Area as defined by the Wekiva
Parkway and Protection Act: Data & Analysis Section
Procedural Note: The Wekiva Parkway and Protection Act (WPP A) requires each local
government within the Wekiva Study Area (WSA) to amend their comprehensive plans
to reflect the requirements contained in the Act. This amendment package contains will
two sections: the first, will encompass all changes in the text of the comprehensive
plan's data and analysis, and the second, lists the proposed changes in the goals,
objectives, and policies
The text amendments are confined to the Future Land Use Element, and will be inserted
in the appropriate subsection of the Future Land Use Element under the title of the
"Requirements of Wekiva Parkway and Protection Act". No additional text amendments
are proposed for other comprehensive plan elements at this time.
The City of Ocoee has reviewed the existing "Goals, Objectives and Policies" subsection
of the following elements and sub-elements: Future Land Use, Potable Water, Sanitary
Sewer, Natural Groundwater Aquifer Recharge, Recreation & Open Space, Conservation,
and Capital Improvements. Based on the WPP A requirements, either new objectives and
policies were formulated or old objectives or policies were amended with an
underline/strike-through format in red text. Existing objectives and policies that already
address the WPP A requirements have also been included in this second section and are
shown in black text.
After adoption, the amended objectives and policies (in red text) will be reinserted into
the appropriate subsection of each element's "Goals, Objectives and Policies" section,
and marked as being required under the W eki va Parkway and Protection Act. The
numbering of the objective and policies will remain the same as before; however the
"WSA" designation will be added to the amended objectives and policies. There will
also be a master listing of subsection and number each amended objective and policy that
applies to the WSA in the City ofOcoee in the text of the Future Land Use Element.
These objectives and policies will apply only to the area within the Wekiva Study Area as
described in 369.316, Florida Statutes (F.S.) and depicted the following additions to the
Future Land Use Map series: Figure 1: City of Ocoee Location within the Wekiva Study
Area.
FUTURE LAND USE ELEMENT TEXT AMENDMENT
Ocoee's Location within the Wekiva Study Area
The Wekiva Parkway and Protection Act (Part III of Chapter 369, Florida Statutes) was
signed into law on June 29, 2004 authorizing building of the Wekiva Parkway and
providing protection to the Wekiva River system. This Act defined two areas of concern
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for the Wekiva River and its associated springs. These areas are the Wekiva River
Protection Area and the larger Wekiva Study Area (WSA), and are identified in Figure 1:
City of Ocoee Location in Reference to the Wekiva Study Area and the Wekiva River
Protection Area.
The City of Ocoee is located within the WSA as defined in ss. 369.316, Florida Statutes
(F.S.), but not within the Wekiva River Protection Area. A portion of the City south of
State Road SO/Colonial Drive and east of County Road 439/Maguire Road is not located
within the WSA, and as such, will not be subject the amendments required by the Wekiva
Parkway and Protection Act. The portions of the City and the Joint Planning Area (JP A)
within the WSA are shown as follows:
TABLE 1: CITY LIMITS & JP A ACRES/PERCENT INSIDE THE WEKIV A STUDY AREA
INSIDE THE WSA OUTSIDE THE WSA
AREA ACRES PERCENTAGE ACRES PERCENTAGE
City Limits 8,549 91% 852 9%
JPA1 11,413 90% 1215 10%
1
JPA mcludes the CIty ltmlts and the umncorporated Orange County lands.
The extension of State Road 429/Western Beltway from Apopka to Interstate 4 near
Sanford known as the "Wekiva Parkway" is not within the City Limits; therefore, the
City is not subject to the interchange planning requirements contained in ss. 369.317, F.S.
Required Maps and Mapping Sources
In accordance with the Wekiva Parkway and Protection Act (WPPA), the City has
identified and mapped the most effective recharge areas, karst features, and sensitive
natural habitats including Longleaf Pine, Sand Hill Pine, Xeric Oak Scrub, and depicted
this information in the Future Land Use Map Series.
These maps used the data sources identified in the "Guidelines for Preparing
Comprehensive Plan Amendments for the Wekiva Study Area Pursuant to the Wekiva
Parkway and Protection Act" (DCA Guidelines) prepared by the Department of
Community Affairs, dated March 2005. The City recognizes these sources represent the
most comprehensive and accurate information currently available; however, these sources
also have the following limitations:
· Figure 2: Most Effective Recharge Areas/Soil Conservation Service Type "A"
Soils
As an interim procedure, the "most effective recharge" map is based on the U.S.
Soil Conservation Service (SCS) Type "A" Hydrologic Soil Group. At a later
date during the rule making process, the St. Johns River Water Management
District (SJRWMD) will revise the definition of "most effective recharge areas",
and extend the revised recharge criteria to all recharge lands within the WSA.
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Due to the limitations in the map scale and the soil identification methodology,
the SCS maps only provide generalized locations of soils that can be defined as
"most effective recharge areas". For specific locations or sites, additional
geotechnical information is needed to establish whether a particular location/site
contains Type "A" soils, and is actually within the "most effective recharge area".
. Figure 3: Karst Features/Closed topographic depressions
This map is based on the Florida Aquifer Vulnerability Assessment (FA V A)
model produced by the Florida Geological Survey and the Department of
Environmental Protection (DEP). The statewide F A V A uses geographic
information system (GIS/computerized mapping) data to predict the
contamination vulnerability of Florida's aquifers. The FA V A was created by
identifying the closed topographical depressions using the U.S. Geological Survey
1 :24000 quadrangle maps. These closed topographic depressions then were used
to represent karst features, but as stated in the DCA Guidelines, not all
topographical depressions are karst features. There is, however, a strong
correlation between the frequency or density of these depressions and karst
features.
The F A V A has recently been modified by the SJR WMD to reflect the specific
features of the Wekiva Study Area. This revised model is the Wekiva Aquifer
Vulnerability Assessment (W A V A); however, like the FA V A, this model is used
as a regional planning aid for groundwater resource management and is not
intended for site-specific analysis. Site-specific information must be gathered by
the use of geophysical surveys such as micro gravity and ground penetrating radar
by a licensed professional.
. Figure 4: Sensitive Natural Habitats
This map is based on the statewide 2003 Florida Fish & Wildlife Conservation
Commission GIS coverage of vegetation and land cover derived from the 2003
Landsat Enhanced Thematic Mapper imagery. The term "sensitive natural
habitats" is defined as Longleaf Pine/Sand Hill, Sand Pine, and Xeric Oak Scrub
plant communities. This map, like the proceeding maps, is also regional in scope,
so site-specific data requires additional information and study.
Based on the maps above, Table 2 shows the acreage for each of the required maps that
are within the City Limits and within the Orange County-City of Ocoee Joint Planning
Agreement Area (JPA).
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TABLE 2: ACRES/PERCENT OF THE CITY LIMITS AND JP A CONTAINING THE SUBJECT CRITERIA
INSIDE CITY LIMITS1: INSIDE JOINT PLANNING AREA2:
MAP NAME: ACRES PERCENTAGE ACRES PERCENTAGE
A. Most Effective 5,048 59% 6,121 54%
Recharge Areas
B. Karst Features 1,175 14% 1,667 15%
C. Sensitive Natural 5.4 0.06% 77 0.7%
Habitats
Composite Map: A, B & C 0 0 0.15 0.001%
1
CIty LImits, In thIS case, excludes the area not covered by the WSA deSIgnatIOn.
2 JPA includes the City limits (see exclusion in Note 1 above) and unincorporated Orange County lands.
Brief Analysis of Required Maps
. Most Effective Recharge Areas/SCS Type "A" Soils
The most effective recharge areas comprise 5,048 acres or 59% of the land inside
the City Limits. This area generally is east of an approximate north-south line
composed of Cumberland and Lakewood Avenues and the area northwest of the
SR 429 along the southeastern shore of Lake Apopka.
The most effective recharge areas are interspersed by wetlands. Generally,
wetlands, by their very nature, are lower in recharge effectiveness because an
impervious soil layer must exist beneath the surface to "hold" the water in the
depressed area to create the wetland.
. Karst Features/Topographical Depressions
The W A V A model uses closed topographic depressions as an indicator of karst
features. These closed topographic depressions in most instances surround the
lakes. Within the JP A, these lakes are Lake Bennett, Lake Lotta, Lake Starke,
Lake Prima Vista, Lake Olympia, Spring Lake, Lake Johio, Lake Stanley, Lake
Moxie, Peach Lake, Lake Meadow, Lake Hackney, Prairie Lake, Lake Addah,
Lake Sims, and Trout Lake.
Since most of these topographical depressions surround these water bodies, the
depressions also include floodplains and wetlands. "Floodplain/Conservation" is
a land use classification on the Future Land Use Map, and is defined as "... water
bodies, floodplains, and wetlands ...." The current Comprehensive Plan contains
language in the Conservation Element Policy 2.3, that states:
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 avvroved 100-year f/oodvlain 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-
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City of Ocoee
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impact uses or recreational amenities which encourage enjoyment of such
areas. (Emphasis added.)
Table 3 shows the total acreage of the karst features/topographical features inside
the City and inside the JPA. Figure 5: Karst Features/Topographic Depressions
with Other Selected Land Use Features shows the Floodplain/Conservation land
use, the water bodies, the parks/recreation facilities, and the development projects
currently under review that are captured within the karst features/topographical
features mapping.
TABLE 3: KARST FEATURES CAPTURED BY OTHER LAND USES
INSIDE CITY LIMITS1: INSIDE JOINT PLANNING AREA2:
MAP NAME: ACRES PERCENT AGE.l ACRES PERCENTAGE3
Karst Features/ 1,175 100% 1,667 100%
Closed Topographic
Depressions (Gross)
Minus: All the Land Uses, Land Features, etc. that fall within the Karst Features/Closed topographic de
Mapping (see below)4:
Floodplain/Conservation Future 270 23% 389 23%
Land Use Map Classification
Lakes/Water bodies 268 23% 539 32%
Parks/Recreation 37 3% 39 2%
Facilities
Projects Undergoing the City's 64 5% 64 4%
Development Review
Karst Features/ 536 46% 636 38%
Closed Topographic
Depressions (Net)
1 City Limits, in this case, excludes the area not covered by the WSA designation.
2 JPA includes the City limits (see exclusion in Note 1 above) and unincorporated Orange County lands.
3 Percentage is rounded..
4 Net remaining acres may be slightly over counted since some categories/classes are not mutually exclusive.
The net acreage of karst features that are not within the above categories is 536
acres or 46 % within the City and 636 acres or 38% within the JP A (includes the
City). As shown on in the karst feature maps (see Figures 3 and 5), these areas
are generally located on lakeshores. Since lakes are an attractive amenity for
development, many of these areas are already built upon. The following lakes are
built out given that they are surrounded by development: Lake Johio, Spring
Lake, Lake Moxie, Peach Lake, Starke Lake, Lake Olympia, Lake Prima Vista,
Lake Hackney, and Lake Lotta. The karst features surrounding these lakes cannot
be effectively regulated through the comprehensive plan or land development
regulations.
Table 4 shows the remaining lakes areas with developable vacant or under utilized
land, and the development projects that are already in the development review
process.
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City ofOcoee
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TABLE 4: KARST FEATURES/LAKES WITH DEVELOPMENT UNDER CITY REVIEW
LAKE DIRECTION FROM DEVELOPMENT NAME TYPE LOTS
THE LAKE
Sims Surrounds Arden Park Residential 960
Trout North Kensington Manor Residential 127
South Oak Trail Reserve Residential 140
Southeast Forest Trails Residential 136
Meadow Southeast Villa Roma Residential 88
Prairie South Prairie Lakes Reserve Residential 169
Addah South Windstone at Ocoee Residential 180
Bennet West The Villages of Lake Bennet Commercial nla
Given that the developments in Table 4 are already in the City's review process
little can be accomplished through the WSA amendments to the comprehensive
plan's goals, objectives, and policies without triggering the possibility of a
"taking". These newer developments can be controlled with existing land
development regulations (LDR); however, realistically any new land development
regulations will only able to affect them on the "margin". Regardless of the
public purpose, major changes in the LDRs for these developments already in the
development review process, will also most likely trigger a "taking" under the
Burt Harris Act (ss. 70.001, F.S.). The City will have to rely on the existing
goals, objectives, and policies in the Comprehensive Plan and the existing land
development regulations for the development projects in Table 4.
. Sensitive Natural Habitats
Historically, the City of Ocoee has been a citrus producing area as evidenced by
the old aerial maps of the City showing large areas in citrus groves. Since the
defined sensitive natural habitats mainly exist in well-drained soils that are also
necessary for successful citrus production, when these groves were "built" much
of the native vegetation/sensitive natural habitats were removed to gain greater
production of the citrus cash crop.
There is an insignificant 5.4 acres (0.06% of the City total land area) that still has
these sensitive natural habitats. Outside the City Limits, but within the JP A
boundaries this acreage increases to 77 acres, but only represents 0.7% of the
acreage of the entire JPA area (City and JPA combined).
The mapped sensitive natural habitat outside the City Limits, but within the JP A
area is located north and west of County Road Clarcona-Ocoee Road and directly
east of Forest Lake Golf Course in unincorporated Orange County. This area is
currently undergoing annexation and development review for 323-lot residential
development project known as Whispering Pines. In addition, the City and
developer are also involved in negotiations with Orange County concerning the
right-of-way for the widening and realignment of Clarcona-Ocoee Road/County
Road 439. Other than the setbacks and open space requirements contained in the
City's Land Development Code, little can be done to preserve a great deal of this
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habitat within the Whispering Pines development without the possibility of
triggering a "taking" under the Burt Harris Act.
. Composite of all the required WSA map features
As suggested in the DCA Guidelines, the composite map consisting of areas
depicted on Maps A, B & C should receive the highest priority for open space
protection; however, there are no areas within the City limits that contain all three
of these features. There is an insignificant composite area outside the City, but
within the JP A Area representing only 0.15 acres.
Definition of Open Space
As suggested in the DCA Guidelines, "open space" should be defined in the
comprehensive plan; however, the City's current Comprehensive Plan contains the
following "Definitions" that do effectively identify "open space":
. Open Svace: Undeveloped land suitable for recreation or conservation uses.
(Page xiv)
. Recreational Uses: Activities within areas where recreation occurs. (Page xv)
. Conservation Uses: Activities within land areas designated for the purpose of
conserving or protecting natural resources or environmental quality and includes
areas designated for such purposes as flood control, protection or quality or
quantity of groundwater or surface water, floodplain management, or protection
of vegetative communities or wildlife habitats. (Page x)
. Corridor Open Space: Area through which people travel but which are also
designed for aesthetic enjoyment and leisure. These corridors can provide a
linkage between recreation areas and residential areas or commercial areas.
(Page x)
Since these current definitions, taken as a whole, adequately address the definition of
"open space", the City will continue to utilize these definitions rather than redefining the
term as suggested in the DCA Guidelines.
Evaluation of Recommended Land Use Strategies
Subsection 369.321(3) ofthe Wekiva Parkway and Protection Act suggests the following
methodologies for the preservation of open space:
. Coordinated greenwav vlans
The Recreation and Open Space Element and the Ocoee Parks and Open Space
Master Plan envision linear parks, urban open space parks and natural
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reservations (Recreation & Open Space Element/Data & Analysis, p. 6-7).
Furthermore, the Northwest Ocoee Sector Plan land use scenarios outline the use
of greenways as major components of the vision for the northwest sector of the
City. These concepts are addressed in the following policies: Future Land Use
Policy 5.4 and Recreation & Open Space Policy 4.4.
. Dedication of conservation easements
The City is acquiring conservation easements as proposed developments undergo
the development review process. Conservation easements are addressed in the
Recreation & Open Space Policy 7.2.
. Land acquisition
This procedure is limited since the City cannot afford to purchase land due to
limited funds; however, during the development review process the City will
attempts to acquire recreation and open space through exactions from developers
when it is deemed necessary.
. Cluster develovment
Clustering is addressed in the Future Land Use Policy 7.5. When necessary, the
City encourages clustering of development in order to preserve open space during
the development review process.
. Density credits/incentives
The City addresses credits/incentives for open space preservation in Recreation
& Open Space Policy 8.4. In practice, however, developers have never utilized
the credits/incentives offered in the implementing land development regulations.
. Low/Verv-Low density development
This land use strategy will not be considered since low/very-low density
development is inconsistent with the current Comprehensive Plan and is not
compatible with the market forces driving the conversion of vacant or
under-utilized rural land to urbanized residential subdivisions. Furthermore, use
of this methodology would place further fiscal constraints on the City's tax base.
Evaluation of Development Patterns on Land Use Strategies
The City recognizes the limitations for open space preservation and the protection of
recharge, karst, and sensitive natural habitats due to existing development and land use
patterns and property rights under Florida Statutes.
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The current City of Ocoee 2020 Future Land Use Map does not have agricultural future
land use classifications. The City is anticipating "build-out" by 2025 as the
unincorporated lands outside the City Limits within the JP A area are annexed and
converted to urban uses. This annexation and conversion to urban uses has greatly
accelerated during the last three years due to the close proximity to roadways, such as the
State Road 429, State Road 408, and the Florida Turnpike, and the "building boom" in
West Orange County.
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City of Ocoee
10/20/2005
II. Proposed Comprehensive Plan Amendments for Local
Governments within the Wekiva Study Area as defined by the Wekiva
Parkway and Protection Act: Goals, Objectives & Policies Section
FUTURE LAND USE ELEMENT
GOALS, OBJECTIVES & POLICIES SUBSECTION
Policy 1.2
The City shall regulate land development through the Land Development Code, to
reduce, eliminate and/or prevent negative impacts related to noise, traffic, light,
drainage, water and groundwater quality, toxic and hazardous materials, litter,
dust, visibility, and other factors. This shall be accomplished by establishing and
enforcing specific environmental performance standards, consistent with state
and/or federal standards and with the City's technical enforcement capabilities.
Standards shall be based on the measurement of the undesirable characteristics at
the property line of the land on which the generating use or activity is located and
shall be based on performance levels deemed to prevent nuisance to surrounding
properties. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.]
Policy 1.3
The City shall mitigate impacts by using land development regulations related to
landscaping including open space and impervious surface ratio requirements,
setbacks, walls/fences, on-site parking, on-site traffic flow, lighting, signs,
pedestrian access, vehicular access and other factors which will mitigate off-site
impacts, optimize open space, protect most effective recharge areas, karst features,
and sensitive natural habitats, and enhance the health, safety, welfare and appearance
of the built environment while providing an effective buffer between uses (9J-5.006
(3)(c)(4), FAC). [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3),
F.S.]
Policy 1.7
The land development regulations shall promote innovative development in those
cases where a public benefit can be realized and impact can be offset by the
development, as follows:
· Utilize Planned Unit Development zoning to allow for mixed uses and
unconventional development designs in those cases where the developer can
demonstrate increased effectiveness of service delivery, improved living
environments or protection of natural resources such as the Floodplain
/Conservation 8l'@88 land use classification, and the most effective aquifer
recharge areas, karst features, and sensitive natural habitats as depicted in the
Future Land Use Map series. [Wekiva Parkway and Protection Act
(WPPA): Ch. 369.321(3), F.S.]
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. Provide development standards that create useable open spaces in new
developments (9J-5.006 (3)(c)(5), FAC). [Wekiva Parkway and Protection
Act (WPPA): Ch. 369.321(3), F.S.]
Policy 1.8
The City shall periodically review and update the City's Land Development Code.
These regulations shall reflect the goals, objectives, and policies contained in this
Comprehensive Plan and shall be consistent with the Future Land Use Map. fu
January 2006, the Land Development Code will implement the requirements of
the Wekiva Parkway and Protection Act. [Wekiva Parkway and Protection Act
(WPPA): Ch. 369.321(3), F.S.]
Policy 2.2
The City shall adopt and annually revise a Capital Improvements Program (CIP)
to schedule the provision of future public services and facilities including, but not
limited to the financially feasible schedule of needed improvements for the master
storm water management plan and the wastewater facility plan as required by
Chapter 369.319 and 369.320, F.S., respectively. The CIP will include the
acquisition of land that will be provided by the City. The Concurrency
Management System shall be utilized to indicate possible infrastructure
deficiencies and identify target areas for improvements. [Wekiva Parkway and
Protection Act (WPPA): Ch. 369.319, .320, .321(2), F.S.]
Obiective 5
The City shall enforce the Land Development Code to protect and properly utilize
natural and historic resources in accordance with the Conservation Element and the
following policies.
Policy 5.1
The City shall protect areas of environmental concern including but not limited to
the Floodplain /Conservation land use classification, and the most effective
aquifer recharge areas, karst features, and sensitive natural habitats as depicted on
the Future Land Use Map series, and areas of scenic and historic value, as
identified in the Conservation Element, through development regulations and
public programs, including, but not limited to environmental awareness programs
at recreational facilities and in schools (9J-5.006 (3)(b)(4), FAC). [Wekiva
Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.]
Policy 5.2
The City shall use development regulations to protect air and water quality, flood-
prone areas, open space, karst features, natural wetland, sensitive natural habitats,
wellhead protections areas and the most effective recharge areas for the Floridan
and surficial aquifers. This shall be accomplished by such regulations as are
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described in Policy 5.3. In addition, the City shall cooperate with federal, state
and regional environmental management agencies to identify and monitor unusual
activities associated with non-residential uses and to refer observed violations to
the appropriate enforcement authorities. [Wekiva Parkway and Protection Act
(WPPA): Ch. 369.321(3), F.S.]
Policy 5.3
The City shall enforce its Land Development Code to protect surface water
quality including, but not limited to: restrictions in building setbacks, maximum
impervious surface ratios, land use restrictions to ensure compatibility,
development limitations in floodplains, and upland and wetland protection. Land
development regulations shall include restrictions on development within areas
designated as Conservation/Floodplains on the Future Land Use Map. Flood
elevations shall not be adversely impacted and the water quality of the water body
shall not be degraded. Land development regulations shall provide adequate
protection for wetland areas and require central sewer for development within and
adjacent to karst features, wetlands or 100-year floodplain areas (9J-5.006
(3)(c)(1), FAC). [Wekiva Parkway and Protection Act (WPPA): Ch.
369.321(3), F.S.]
Policy 5.4
The City shall promote the use of upland and wetland corridors and buffer zones
as greeooeltB natural reservations, as identified in the Lana De','ehiJIHRent C8ae
Recreation and Open Space Element. [Wekiva Parkway and Protection Act
(WPPA): Ch. 369.321(3), F.S.]
[Editors' note: "greenbelts" not defined in the LDC; only mentioned once in the
LDC on page 180-6.107; natural reservations are defined in 9J-5 and in the ROS
Element of the CP]
Policy 5.5
The City shall, in coordination with developers, evaluate soil potential including,
but not limited to most effective aquifer recharge areas and karst features. This
examination and testing will be done on a site-by-site basis~ thr8ligh 8n Bite
enaminati8n alia testing. Specific characteristics and criteria under examination
shall be as identified in the Land Development Code. [Wekiva Parkway and
Protection Act (WPPA): Ch. 369.321(3), F.S.]
Policy 5.6
The City shall require developers to delineate conservation and floodplain lands,
most effective aquifer recharge areas, karst features, and sensitive natural habitats
on a site-by-site basis as their development proposals are submitted. The criteria
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used for the delineation shall as be addressed in the Land Development Code.
[Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.]
Policy 5.7
The City shall enforce the Land Development Code to require development
proposals to include the identification of and management plans for rare,
endangered, and threatened flora and fauna species consistent with the criteria
outlined in the Land Development Code and the Conservation Element of this
Comprehensive Plan. [Wekiva Parkway and Protection Act (WPPA): Ch.
369.321(3), F.S.]
Policy 5.8
Proposed activities, which would destroy or degrade the functions of wetlands or
other environmentally sensitive natural habitats loo@s as defined by the Land
Development Code shall only be permitted in limited instances where
development would be severely restricted. If there is no practical alternative,
mitigation measures shall be undertaken, consistent with the Land Development
Code. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.]
Policy 5.9
The City shall continuously plan for and only approve development that is
consistent with natural drainage and water storage plans. This shall include
special provisions in the Land Development Code pertaining to land-locked
drainage basins where projects may be permitted on a case-by-case basis when
unique site characteristics demand a more comprehensive stormwater
management approach (9J-5.006(3)(c)(4), FAC). [Wekiva Parkway and
Protection Act (WPPA): Ch. 369.321(3), F.S.]
Policy 5.10
The City shall continue to update the Existing and Future Land Use Maps to
reflect the addition of new City wells. A protection zone of 1,000 feet is depicted
in the wellhead protection areas (9J-5.006 (3)(c)(6), FAC). [Wekiva Parkway
and Protection Act (WPPA): Ch. 369.321(3), F.S.]
Policy 5.11
The City shall ensure the protection of groundwater sources by restrIctmg
Commercial and Industrial future land uses known to adversely affect the quality
and quantity of identified water sources within wellhead protection areas, existing
cones of influence, areas with karst features and most effective aquifer recharge
areas. In addition, other land use activities such as hazardous waste facilities, fuel
storage facilities, and groundwater injection wells known to adversely affect the
quality and quantity of groundwater sources will be prohibited within wellhead
protection areas, existing cones of influence, areas with karst features and most
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effective aquifer recharge areas (9J-5.006 (3)(c)(6) and 9-J-5.013 (2)(c)(1), FAC).
[Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.]
Policy 5.12
The City's wetlands shall be conserved and protected from physical and
hydrologic alterations by regulating development activities to protect natural
water-cleansing features and reduce or prevent discharges of contaminants from
urban and agricultural land uses through the Land Development Code. The Land
Development Code shall include provisions such as (but not limited to) the use of
such natural features in the treatment of stormwater runoff, limitations on
destruction of native vegetation and/or land clearing within such natural features,
and maintenance of upland buffers and/or environmental swales within a
minimum width of twenty-five (25) feet surrounding such natural features. For
the purposes of this policy, natural features shall include Florida Department of
Environmental Protection jurisdictional wetlands (9J-5.013(2)(c)(3), F AC).
[Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.]
Policy 5.13
The City shall protect and conserve the natural functions of wetlands by directing
land uses incompatible with the protection and conservation of wetlands and
wetland functions away from identified wetlands. The type, value, function, size,
conditions and locations of wetlands will be factors used to consider land use
changes where incompatible uses are allowed to occur, mitigation shall be
considered and will be based on the regulations set forth in the Land Development
Code (9J-5.013(3)(a)&(b), FAC). [Wekiva Parkway and Protection Act
(WPPA): Ch. 369.321(3), F.S.]
Policy 7.5
To allow for greater open spaces, and to preserve the most effective recharge
areas and to protect karst features, density may be computed in a defined
development project by allowing clustering in certain areas. These clusters may
be of greater density than allowable within the land use designations as long as
the total project does not exceed maximum density as designated on the Future
Land Use Map. Clustering, pursuant to the foregoing concept, may be controlled
by density caps, PUD zoning or a restrictive covenant running with the land with
power of enforcement in favor of the City. Wekiva Parkway and Protection Act
(WPPA): Ch. 369.321(3)(d), F.S.]
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POTABLE WATER SUB-ELEMENT
GOALS, OBJECTIVES & POLICIES SUBSECTION
Obiective X
Within nine months after the completion of the necessary studies needed to update
the 10-year water supply facility work plan required under ss. 369.321(4), Florida
Statutes, the Community Development Department in coni unction with the
Engineering, Public Works, and the Utilities Departments will review and, if
needed, modify or amend the text and the goals, obiectives, and policies in the
Potable Water Sub-element of the Comprehensive Plan to reflect any changes
mandated by the Wekiva Parkway Protection Act. [Wekiva Parkway and
Protection Act (WPPA): Ch. 369.321(3), F.S.]
SANITARY SEWER SUB-ELEMENT
GOALS, OBJECTIVES & POLICIES SUBSECTION
Obiective X
Within nine months after the completion of the waste water facility plan as
required under ss. 369.320(1), F.S., the Community Development Department in
coni unction with the Engineering, Public Works, and the Utilities Departments
will review and, if needed, modify or amend the text and the goals, obiectives,
and policies in the Sanitary Sewer Sub-element of the Comprehensive Plan to
reflect any changes mandated by the Wekiva Parkway Protection Act. [Wekiva
Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.]
NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT
GOALS, OBJECTIVES & POLICIES SUBSECTION
Obiective X
Within nine months after the completion of the ioint stormwater management plan
as required under ss. 369.319, F.S., coordinated with the St. Johns River Water
Management District and other local governments within the Wekiva Study Area,
the Community Development Department in coni unction with the Engineering,
Public Works, and the Utilities Departments will review and, if needed, modify or
amend the text and the goals, obiectives, and policies in the Stormwater Sub-
element and the Capital Improvements Element of the Comprehensive Plan to
ensure the implement the master stormwater management plan under ss.
369.321(2), F.S. to reflect any changes mandated by the Wekiva Parkway
Protection Act. [Wekiva Parkway and Protection Act (WPPA): Ch.
369.321(3), F.S.]
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RECREA nON & OPEN SPACE ELEMENT
GOALS, OBJECTIVES & POLICIES SUBSECTION
Policy 1.3
Park and open space facilities shall not be converted to non-park uses except
where the City Commission finds such conversion essential to protect the public
health, safety and welfare. Where there is a reduction in area or facility capacity
as a result of a conversion, additional facilities necessary to restore lost capacity
shall be provided within one (1) year. Should a conversion be unavoidable in a
Natural Res8W'ee Area Reservations, as defined in the Recreation & Open Space
Element, the mitigation will follow the standards set forth in the Conservation
Element and the Ocoee Land Development Code. [Wekiva Parkway and
Protection Act (WPPA): Ch. 369.321(3), F.S.]
Policy 4.4
The City shall work to establish five (5) new linear parks in the vicinity of: 1)
Shoal Creek (a.k.a. Maine Street area), 2) Lake Bennet, 3) Starke Lake, 4) Lake
Apopka, and 5) South Maguire Road. [Wekiva Parkway and Protection Act
(WPPA): Ch. 369.321(3)(a), F.S.]
Obiective 7
Lands designated as Conservation/Floodplains 8f Open gpae@ and karst features
depicted in the Future Land Use Map Series and the on the Open Space defined in
the Parks and Oven Svace Master Plan adopted September, 2001 shall be
protected from encroachment, development, and incompatible uses. [Wekiva
Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.]
Policy 7.1
Public access to City parks shall be strategically located to protect and ensure the
integrity of existing natural features. [Wekiva Parkway and Protection Act
(WPPA): Ch. 369.321(3), F.S.]
Policy 7.2
The City shall acquire, protect, and maintain natural area reservations and
conservation easements to protect open space, wetlands, karst features, lakes, and
natural vegetation from development and incompatible land uses. [Wekiva
Parkway and Protection Act (WPPA): Ch. 369.321(3)(b), F.S.]
Policy 7.3
The City shall adopt incentives to encourage the provision of open space to
protect natural resources areas such as karst features and sensitive natural habitats
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within development projects. [Wekiva Parkway and Protection Act (WPPA):
Ch. 369.321(3), F.S.]
Policy 7.4
Open space in parks shall be maintained to protect and preserve ~ sensitive
natural habitats, and provide passive recreation opportunities and public access to
water bodies. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3),
F.S.]
Policy 7.5
The City shall enhance the recreational potential and aesthetic appeal of lakes,
creeks, floodways, utility easements, storm water ponds, and wetlands where
possible. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3),
F.S.]
Policy 7.6
The provision of community access to shore lines shall be considered requisite to
any and all shoreline development or development adjacent to a water body. The
City shall encourage public access and exposure to lakes, significant physical
features, and natural open space while enhancing and preserving the natural
characteristics of the areas as described in the Special Development Plans and the
Commercial and Industrial Development Standards of the Land Development
Code. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.]
Policy 8.4
Developer incentives, impact fee credits, density transfers, and tax incentives
shall be used to facilitate the acquisition and development of City parks identified
in the Parks and Open Space Master Plan adopted September, 2001, as
appropriate. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3),
F.S.]
CONSERVATION ELEMENT
GOALS, OBJECTIVES & POLICIES SUBSECTION
Obiective 2
The City shall protect the quality of all surface water bodies and groundwater
quality by implementing the following policies (Chapter 187.201, 8(a), and 8(b)
1-14, FS).
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
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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 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 (9J-5.013(2)(c)(3), F AC). [Wekiva Parkway and Protection Act
(WPPA): Ch. 369.321(3), F.S.]
Policy 2.2
The City shall ensure the protection of groundwater sources by restrIctmg
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 most effective aquifer recharge areas. In addition, other
land use activities such as hazardous waster facilities, fuel storage facilities, and
groundwater injection wells known to adversely affect the quality and quantity of
groundwater sources will be prohibited within wellhead protection areas, existing
cones of influence, and most effective aquifer recharge areas (9J-5.006 (3)(c)(6)
and 9-J-5.013 (2)(c)(1), FAC). [Wekiva Parkway and Protection Act (WPPA):
Ch. 369.321(3), F.S.]
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~ 0t! to provide low-impact uses~ 0t! conservation uses or
recreational uses amenities which encourage enjoyment of such areas. [Wekiva
Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.]
Policy 2.4
The use of septic tanks in developments and redevelopments shall be permitted in
accordance with Chapter IO-D-6 F AC to prohibit septic tanks in flood plains,
wetlands, areas adjacent to lakes and in areas designated with soils unsuitable for
septic tanks. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3),
F.S.]
Obiective 3
The City shall protect the natural functions of the 100-year floodplains as
prescribed by FEMA and/or Orange County so that the flood-carrying and flood
storage capacity are maintained. This Objective shall be implemented by the
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following policies (Chapter 187.201, 8(b)(8); 9J-5.013(2)(c)(6), FAC; ECFRPC
Policies 4.14, 4.15 & 4.16). [Wekiva Parkway and Protection Act (WPPA):
Ch. 369.321(3), F.S.]
Policy 3.3
Limited low-impact and passive recreational development as defined by the
Ocoee Land Development Code may be permitted at the City's discretion within
these portions of 100-year floodplain areas, which are situated above the normal
water level of lakes, streams, and flood prone area and 25 feet upland of any
jurisdictional wetland area contained therein. Types of uses which may be
permitted on a case-by-case basis include landscaping, passive open space areas,
park benches, pedestrian/bicycle/multi-use trails, open play fields, covered
shelters, picnic tables, play courts and similar uses where no reduction of flood
storage capacity has been demonstrated. [Wekiva Parkway and Protection Act
(WPPA): Ch. 369.321(3), F.S.]
Policy 3.4
The City will continue to direct its own wellhead and wellfield protection
program within its jurisdiction. However, the areas within the County's water
service area and in the Ocoee-Orange County Joint Planning Area will adhere to
the wellhead protection goals, objectives, and policies of the Orange County
Comprehensive Plan's Conservation Element. [Wekiva Parkway and Protection
Act (WPPA): Ch. 369.321(3), F.S.]
Obiective 4
The City's wetlands shall be conserved and protected from physical and
hydrologic alterations, by implementing the following policies (Chapter 187.201,
8(b) 2, 4, 8, 10, and 14, lO(a), lO(b) 1,2, 6, 7, and 10, FS; 9J-5.013(3)(a), FAC;
ECFRPC Policies 4.23, 4.24, 4.25).
Policy 4.1
The City's land development regulations ensure that:
a) Site plans for new development identify the location and extent of
wetlands located on the property.
b) Site plans provide measures to assure that normal flows and quality of
water will be provided to maintain wetlands after development.
c) Where alteration or removal of wetlands is necessary in order to allow
reasonable development of property, either the restoration or
enhancement of disturbed wetlands will be provided or additional
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wetlands will be created to mitigate any wetland destruction, within
the same site or watershed, if possible.
[Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.]
Policy 4.2
The City shall protect and conserve the natural functions of wetlands by directing
land uses incompatible with the protection and conservation of wetlands and
wetland functions away from identified wetlands. The type, value, function, size,
conditions and locations of wetlands will be factors used to consider land use
changes. Where incompatible uses are allowed to occur, mitigation shall be
considered and will be based on the regulations set forth in the Land Development
Code (9J-5.013(3)(a)&(b), FAC). [Wekiva Parkway and Protection Act
(WPPA): Ch. 369.321(3), F.S.]
Policy 4.3
The City shall continue to utilize standards and guidelines through Land
Development Regulations to protect wetlands, including:
a) Prevention of excavation or filling unless the City Commission finds, on
the basis of reasonable evidence, that there are no practical alternatives to
the filling;
b) Where wetland disturbance is permitted, requmng two- for-one
replacement of area, maintenance of proximallocational relationship and
functionality, and enforcement of alternative mitigation requirements if
necessary;
c) Retention of buffer areas in their natural state surrounding connected
wetlands at a minimum width of 25 feet unless the City Commission
finds that width impractical to maintain;
d) Modifications in wetlands shall ensure that predevelopment water flow
(rate and quantity) is maintained to preserve wetland viability; and
e) Wetlands management shall conform to standards included in the
Comprehensive Plan.
[Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.]
Obiective 6
Ecological communities and wildlife, especially endangered and rare species, shall
be identified, managed and protected, through the implementation of the following
policies (Chapter 187.201, lO(a), and lO(b) 1-7, FS; 9J-5.013 (2)(b)(4), 9J-5.013
(2)(c)(5)&(9), FAC; ECRRPC Policies 4.26, 4.27, 4.28, 4.29, 4.30 & 4.31).
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Policy 6.1
The City shall maintain a comprehensive inventory of ecological communities
and shall seek to acquire the most valuable communities through Florida's
Conservation and Recreation Lands (CARL) program or other assistance
programs (9J-5.013 (2)(c) 9). Wekiva Parkway and Protection Act (WPPA):
Ch. 369.321(3)(c), F.S.]
Policy 6.2
The City's land development regulations include provisions for the protection and
conservation of the natural function of existing soils including, but not limited the
most effective aquifer recharge areas, karst features, wildlife habitat, lakes,
floodplains, wetlands and ecological communities by the following methods (9J-
5.013(2)(c) 6 & 9, FAC; ECFRPC Policies 4.29 & 4.31). [Wekiva Parkway and
Protection Act (WPPA): Ch. 369.321(3)(d), F.S.]
a) Identify and preserve the most sensitive portions of each ecological
community.
b) Provide for a development plan, which promotes clustering of
dwelling units away from sensitive portions of the community
associations.
c) Discourage the fragmentation of large ecological community
associations.
d) Provide for buffers with a minimum width of twenty-five (25) feet
adjacent to the ecological community.
e) Require sustainable management to restore affected disturbed
communities.
f) Provide comprehensive mitigation measures where environmental
impacts are unavoidable.
Policy 6.3
The City shall maintain performance standards in its land development
regulations for species-specific habitats to protect native vegetative communities
from destruction by development activities by regulating building in or near these
areas. The performance standards shall be similar to those in Policy 6.2 (9J-5.013
(2)(c) 5). [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.]
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Policy 6.4
The City shall assist, through local staff enforcement means, appropriate state and
federal agencies responsible for enforcing regulations concerning rare and
endangered plant and animal species. [Wekiva Parkway and Protection Act
(WPPA): Ch. 369.321(3), F.S.]
Policy 6.5
The City shall ensure that property owners use appropriate practices in preserving
aesiral3le sensitive natural habitats, through the review of all building and clearing
permits. Appropriate practices shall include but not be limited to: identification
on development plans of specific habitat areas based on the City's comprehensive
inventory and other sources, orientation of activities, structures, and disturbed
areas away from those habitat areas and establishment of operational rules to
respect habitat areas. [Wekiva Parkway and Protection Act (WPP A): Ch.
369.321(3), F.S.]
Policy 6.8
The City may protect endangered and rare plant and animal species by use of
conservation easements transfer of development rights, and fee simple acquisition
and zoning where the protection of habitats cannot be accomplished through
design review and development standards (ECFRPC Policy 4.26). [Wekiva
Parkway and Protection Act (WPPA): Ch. 369.321(3)(b) & (c), F.S.]
Policy 6.9
The City shall cooperate and coordinate with adjacent local governments to
conserve, appropriately use, or protect yfti€ltl@ v€lg@tatiY@ @€H1Ulllilliti@8 sensitive
natural habitats located within joint jurisdictions (9J-5.013(2)(c)(8), FAC).
[Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.]
Obiective 7
The City shall seek to reduce water consumption. This objective shall be
achieved by implementation of the following policies (Chapter 187.201, 8(a),
8(b)l, 2, 5, 9, 10, 11, 12, 13 & 14, FS; 9J-5.013(2)(b)2 and (2)(c)4, FAC;
ECFRPC Policies 4.1, 4.2, 4.3, 4.4, 4.7 & 4.12).
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City of Ocoee
10/20/2005
Policy 7.3
The City shall continue to promote the reuse of treated effluent in the City for
irrigation of parks and landscaped areas to reduce the demand on existing potable
water supplies. The City is committed to make available 0.5 mgd of treated
effluent in the dual water system proposed for the Clarke Road corridor. In
addition, as a condition for the approval of a consumptive use permit for the City's
northern sprayfields and effluent disposal site, 0.5 mgd must be reused. The City
will continue to deliver 0.7 to 0.8 mgd of treated effluent to the Forest Lake Golf
Course. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.]
Policy 7.4
The City shall continue to implement the water reuse program on City-owned
properties and eventually expand the program to include private sector users.
[Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.]
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
(9J-5.013(2)(c)(4), FAC). [Wekiva Parkway and Protection Act (WPPA): Ch.
369.321(3), F.S.]
Obiective 8
The City shall continue to promote, through the following policies, the protection
of natural reservations (as iaeHtitiea defined in the Recreation and Open Space
Element) to lessen the adverse effects that adjacent developments might have
(Chapter 187.201, 8(a), 8(b)2, 4, and 8, 10(a), 10(b)I-13, 19(a), 19(b)I-6; 9J-
5.013(2)(c)7, FAC). [Wekiva Parkway and Protection Act (WPPA): Ch.
369.321(3), F.S.]
Policy 8.1
The City shall protect and preserve the historic sites and natural reservations
identified in the Recreation and Open Space Element through their designation as
Conservation Areas (9J-5.013(2)(c)7). [Wekiva Parkway and Protection Act
(WPPA): Ch. 369.321(3), F.S.]
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City of Ocoee
Community Development Department
WEKIVA STUDY AREA REQUREMENTS
LOCAL GOVERNMENT:
369.319 MASTER STORMWATER MANAGEMENT PLAN
Each government in the WSA will develop a stormwater master plan that:
1. Assess existing problems & deficiencies
2. Identifies project to meet long-term needs
3. Establish priorities to address deficiencies
4. Establish measures to address redevelopment
5. Establish schedule to complete needed improvements
6. Evaluates the feasibility of stormwater reuse
7. Includes requirements for inspection & maintenance of facilities
8. Identifies a funding source to implement the inspection & maintenance of facilities
9. Establish a water reuse & irrigation program that:
. Reuse of stormwater in order to minimize pumping ground water for non-potable use
. The program a site basis for over size threshold determined by:
o Local government or Jurisdiction-wide basis
369.320 WASTEWATER FACILITY PLAN
Each government in the WSA will develop a wastewater master plan in joint planning areas and utility service areas where
central wastewater is not readily available; the facility plan will include:
1. Delineation of areas that will be served by central facilities within 5 years
2. Financially feasible schedule for improvements
3. Infrastructure work plan to build for the facility plan including
. Those needed to meet the enhanced treatment standards adopted by DEP
. Phase out of existing septic tank facilities where central facilities are available
4. Long-range component addressing service in the JPA or utility service area
5. Establish a water reuse that allow for reclaimed water reuse to minimize pumping groundwater for nonpotable use on
a site-by-site basis for development over a size threshold determined by
. Local govemment or
. Jurisdiction-wide basis
6. Update wastewater facility plan where Total Daily Loads Program requires reductions in
Point source pollutants for a basin or as required by legislation for enhanced treatment standards
369.321(4) 10-YEARWATER SUPPLY FACILITY WORK PLAN
Update the plan for facilities that are necessary to serve existing & new development.
REQUIRED STUDIES BY STATE AGENCIES
AGENCY STUDY AREA STUDY PURPOSE COMPLETION DATE
Dept. of Environmental Water quality & wastewater Nitrogen reduction in surface & 3/16/04
Protection (DEP) treatment. oroundwater.
Dept. of Health Septic tank standards. Nitrogen reduction in surface & Report: 12/1/04
(DoH) groundwater. Rulemakino: 3/1/05
St. Johns River Water Amend recharge criteria; Amend recharge & consolidate Rulemaking: 3/1/05
Management District consolidate environmental permitting. Coordinate with DEP.
(SJRWMD) permits & consumptive use
oermits.
SJRWMD Rock Springs & Wekiva Update minimum flows & Rulemaking: 12/1/07
Sprinas studv. levels standards.
SJRWMD Impaired waters study. Establish pollution load 12/1/05: Assist DEP by 12/1/06 in
reduction goals. adopting maximum daily loads for
imoaired waters.
Dept. of Agriculture & Agriculture nonpoint source Reduce agriculture non point Initiate rulemaking to implement best
Consumer Services pollution study. source pollution. management practices.
(DA&CS)
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