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Item #14 Comp. Plan Amendments - Wekiva Study Area Ordinance AGENDA ITEM COVER SHEET Meeting Date: January 16, 2007 Item # 1 ~ Contact Name: Contact Number: Catherine Armstrong (407) 905-3100 ext. 1020 Reviewed By: Department Director: City Manager: Subject: Comprehensive Plan Amendments Wekiva Study Area Ordinance 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 We kiva 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 6.1 of Exhibit D of the ordinance. The City of Ocoee is located within the WSA as defined in ss. 369.316, Florida Statutes (F.S.), but not within the We kiva River Protection Area. A portion of the City south of State Road SO/Colonial Drive and east of County 439/Maguire Road is not located within the WSA, and as such, will not be subject to the amendments required by the We kiva Parkway and Protection Act. Additionally, the extension of State Road 429/Western Beltway from Apopka to Interstate 4, near Sanford, known as the "We kiva Parkway" is not within the City limits. Therefore, the City is not subject to the interchange planning requirements contained in ss. 369.317, F.S. The Department of Community Affairs (DCA) has authorized a guide known as the "Guidelines for Preparing Comprehensive Plan Amendments for the Wekiva Study Area pursuant to the We kiva Parkway and Protection Act" (DCA Guidelines). The City has used the DCA Guidelines, Chapter 369, F.S., and other source materials to prepare the "Data and Analysis" and the proposed changes to the "Goals, Objectives and Policies" to the City of Ocoee Comprehensive Plan. In addition to these requirements, 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. The Master Stormwater Management Plan has been completed by St. John's River Water Management District in November, 2005, and included the City of Ocoee. The Comprehensive Plan will be updated to reflect this study and the additional required wastewater facility plan. These proposed amendments are not subject to the twice per year limitation on comprehensive plan amendments. Issue: Should the Honorable Mayor and City Commissioners adopt an ordinance incorporating the Wekiva Study Area Comprehensive Plan Amendments into the City of Ocoee Comprehensive Plan? Discussion: On October 11, 2005, the Planning and Zoning Commission acting as the Local Planning Agency held their required public hearing and on November 1, 2005, the Mayor and City Commissioners held the required transmittal public hearing regarding the Wekiva Comprehensive Plan Amendments. On November 17,2005, the City transmitted the amendment packet to the Florida Department of Community Affairs (DCA) for review and comment. On February 3, 2006, the City received the Objections, Recommendations and Comments (ORC) Report detailing issues that DCA has with the proposed amendments. In this report, DCA issued seven (7) objections and included recommended changes that staff should evaluate to meet the intent of the Wekiva Parkway and Protection Act. These objections are as follows: 1. Objective did not address the 2005 legislative change which requires local governments located within the Wekiva Study Area to update the water supply facilities work plan, to make the work plan consistent with the water management district's updated water supply plan and to adopt any required comprehensive plan amendments by December 1, 2006. 2. The amendment does not include Future Land Use Map amendments to map the resources as required in Section 369.321(3), F.S., to identify and define the Wekiva Study Area and to protect open space. 3. The City's existing open space definition allows all recreation uses. Therefore, the proposed amendments do not include an adequate definition of open space applicable to the We kiva Study Area addressing land to be left undeveloped or minimally developed. 4. Policy does not establish land use strategies that optimize open space and promote a pattern of development that protects the most effective recharge areas, karst features and sensitive natural habitats. The proposed amendment fails to address adequately the requisite land use strategies as required by the Wekiva Act. 5. The Wekiva Act requires local governments to amend their comprehensive plan to establish land use strategies to optimize open space. However, this amendment defers the implementation of strategies, standards and incentives for the accomplishment of open space requirements for the purpose of establishing appropriate performance standards to protect ground water quality and surface water resources, all to the land development regulations. 6. Proposed amendment to the Natural Groundwater Aquifer Recharge Sub-element will be undertaken within nine months following the completion of the regional master stormwater management plan. The Wekiva Act stipulates that each local government within the Wekiva Study Area shall amend its local government comprehensive plan to ensure implementation of the master stormwater management plan by January 1, 2006. 7. Section 369.320(1), F.S., Wastewater Facility Plan, requires the local governments within the Wekiva Study Area to develop a wastewater facility plan. The objective does not identify a timely date for the development of this plan and the necessary comprehensive plan amendments to implement the plan consistent with the requirements of Section 369.320, F.S. Over the course of a year, staff has evaluated the ORC Report and applied DCA's objections and comments to the proposed amendments which have resulted in proposed language which staff feels will satisfy DCA's concerns. The attached ordinance contains these changes. Some of the major changes to the amendments are as follows: 1. The City is proposing to less out the Community Redevelopment Area (CRA) located along SR 50 from the Wekiva Protection Area policies. 2. 'Open Space' has been redefined to be consistent with the provisions of the Wekiva Parkway and Protection Act (WPPA). The definition now includes 'land areas that remain undeveloped or minimally developed and that is suitable for passive recreation or conservation uses. Open Space excludes water bodies, lots, street rights-of-way, parking lots, impervious surfaces and active recreation areas including golf course. Open space areas may include stormwater management areas which follow Best Management Practices (BMP). 3. The City has requested that only large scale development or redevelopment of greater than 10 acres located outside of the CRA but within the WSA boundary be subject to a minimum twenty percent open space requirement. 4. Special design and Best Management Practices have been included in the amendment in order to minimize the contribution of nitrates to groundwater and to foster long-term stewardship of the springs for all development within the Wekiva Study Area. 5. Priorities have been identified of areas where natural resources should be protected, such as most effective recharge areas, karst features and sensitive natural habitats. For informational purposes, staff has attached a copy of the ORC Report to this agenda item. Based on evaluation of the protected areas within the We kiva Study Area (karst features/most effective recharge areas/and sensitive natural habitats) and lessing out areas that have been developed, are considered as conservation, areas that are currently under development review, etc., it has been determined that only 174 acres, or 3% of the land area within the City limits will be impacted by the WSA. Further, only 611 acres, or 8% of the land area within the Joint Planning Area (JPA) limits will be impacted by the WSA. Recommendations: Staff recommends that the Honorable Mayor and City Commissioners adopt an ordinance implementing the Comprehensive Plan Amendments for the Wekiva Study Area into the City of Ocoee Comprehensive Plan. Attachments: Location Map ORC Report dated February 3, 2006 Ordinance Financial Impact: No impact Type of Item: ~ Public Hearing D Ordinance First Reading ~ Ordinance Second Reading D Resolution ~ Commission Approval D Discussion & Direction For Clerk's Deaf Use: D Consent Agenda D Public Hearing D Regular Agenda [gI Original Document/Contract Attached for Execution by City Clerk D Original Document/Contract Held by Department for Execution ON/A ON/A ON/A Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) The Wekiva Study Area Within The City of Ocoee ".' ~. Q STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor THADDEUS L. COHEN, AlA Secretary February 3, 2006 The Honorable S. Scott Vandergrift, Mayor City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 FEB 8 2006 1.--- Dear Mayor Vandergrift: The Department of Community Affairs has completed its review ofthe proposed Comprehensive Plan Amendment for Ocoee (DCA No. 06WSA-l) received on December 7, 2005. Based on Chapter 163, Florida Statutes, we prepared the attached report outlining our findings concerning the amendment. It is particularly important that the City address the objections set forth in our report so that these issues can be resolved prior to adoption. We have included a copy of the regional and state agency comments for your consideration. Within the next 60 days, the City should act by choosing to adopt, adopt with changes, or not adopt, the proposed amendment. For your assistance, our report outlines procedures for final adoption and transmi ttal. The proposed amendment addresses the comprehensive plan requirements of the Wekiva Parkway and Protection Act. To assist the City of Ocoee as it moves towards the adoption of the Wekiva Study Area amendment, the Department has identified specific issues that should be addressed.. It is important in terms of future development or redevelopment activity that the City have efficient land use strategies.to.optimize open space and to promote patterns of development in order to protect the most effective recharge areas, karst features and sensitive natural habitats. City Planning staff has been diligent in addressing these concerns with the Department. We are confident that these issues will be addressed satisfactorily in the adoption amendment. Weare available to work with your staffto assist the City in responding to our report and developing an effective resolution for this amendment. 2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399.2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRlTlCAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT ?7AA ()vp.rc::;p;:lc:: Hinn~v ~lljtp '1' 2555 Shumard Oak Boulevard 2555 Shumard Oak Bouleyard HOUSING & COMMUNITY DEVELOPMENT 2555 Shurrard Oak Boulevard The Honorable S. Scott Vandergrift February 3, 2006 Page Two If you or your staff should have any questions, please call Caroline Knight, Senior Planner, at (850) 487-4545. Sincerely, JDS/ck Enclosures: Review Agency Comments Objections, Recommendations and Comments Report cc: Mr. Terry James, Principal Planner, City ofOcoee Mr. Jeff Jones, Acting Executive Director, East Central Florida Regional Planning Council DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR OCOEE AMENDMENT 06 WSA:l February 3, 2006 Division of Community Planning Office of Comprehensive Planning This report is prepared pursuant to Rule 9J-11.01O, F.A.C. INTRODUCTION The following objections, recommendations and comments are based upon the Department's review ofOcoee's proposed Comprehensive Plan Amendment (DCA 06 WSA-1 pursuant to Section 163.3184, Florida Statutes (F.S.). Objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida Administrative Code (p.A.c.), and Chapter 163, Part II, F.S. Each objection includes a recommendation of one approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. Some of these objections may have been raised initially by one of the other external review agencies. If there is a difference between the Department's objection and an external agency's advisory objection or comment, the Department's objection will take precedence. Ocoee should address each of these objections when the amendment is resubmitted for our compliance review. Objections which are not addressed may result in a determination that the amendment is "not in compliance." The Department may have raised an objection regarding missing data and analysis, or other items which Ocoee considers not to be applicable to its amendment. If that is the case, a statement justifying its non-applicability pursuant to Rule 9J-5.002(2), F.A.C., must be submitted. The Department will make a determination as to the non-applicability of the requirement. If the justification is sufficient, the objection will be considered to have been addressed. The comments which follow the objections and recommendations are advisory in nature. Comments will not form a basis for determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies. These comments are advisory to the Department and may not form a basis for Departmental objections unless they appear under the "Objections" heading in this report. OBJECTIONS, RECOMMENDATIONS AND COMMENTS OCOEE (DCA No. 06WSA-1) PROPOSED COMPREHENSIVE PLAN AMENDMENT I. CONSISTENCY WITH CHAPTER 163, PART II, F.S., RULE 9J-S, F.A.C., and SECTION 369.321, F.S. The Department has completed its review of the proposed amendment to Ocoee's Comprehensive Plan (DCA No. 06WSA-1) to implement the requirements of the Wekiva Parkway and Protection Act (Wekiva Act). The Department has the following objections and comment: 1. Water Supply Facilities Work Plan Potable Water Sub-Element Objective 1 states that the City will review the Potable Water Sub-Element to reflect any changes mandated by the Wekiva Act within nine months of the completion of the 10-year water supply facility work plan. Objection Proposed Objective 1 does not address the 2005 legislative change which requires local governments located in the Wekiva Study Area to update the water supply facilities work plan, to make the work plan consistent with the water management district's updated water supply plan, and to adopt any required comprehensive plan amendments by December 1, 2006. [Section 163.3184(1)(b), Section 163.3177(6)(c) and (h), Section 369.321(4), F.S.; Rule 9J- 5.011(1) and (2), F.A.C.] Recommendation The City should revise proposed Objective I to conform to the 2005 legislative changes that require the City to update the water supply facilities work plan and adopt any required comprehensive plan amendments by December 1, 2006. 2. Required Comprehensive Plan Land Use Amendments a.) Future Land Use Map Future Land Use Element Policy 3, promotes innovative development through the land development regulations to protect the most effective recharge areas, karst features and sensitive natural areas as depicted on the Future Land Use Map series. Future Land Use Element Policy 6, requires the protection of the most effective recharge areas, karst features and sensitive natural areas as depicted on the Future Land Use Map series. Future Land Use Element Policy 13, ensures protection of groundwater sources within the most effective recharge areas and areas with karst features. Recreation and Open Space Element Objective 1, requires the protection of karst features designated on the Future Land Use Map series. Conservation Element Policy 2.2, ensures the protection of groundwater sources within the most effective recharge areas and areas with karst features. Objection The amendment does not include Future Land Use Map (FLUM) amendments to map the resources as required in section 369.321 (3), F.S., to identify and define the Wekiva Study Area and to protect open space. The amendment does not include conservation or preservation areas with low to very low density, greenway plans and overlay districts where appropriate to protect open space, the most effective recharge areas, karst features and sensitive natural habitats. The amendment package included five figures but these maps were not pr?posed for adoption into the Future Land Use Map: · City of Ocoee Within the Wekiva Study Area · Most Effective Recharge Areas · Karst Features Closed Topographic Depressions · Sensitive Natural Habitats · Karst-Features/Closed Topographic Depressions and Other Selected Features [Section 163.3184(1)(b), 163.3177(6)(a) and (d), Section 369.321(3), F.S., Rule 9J- 5.006(3)(b)4., Rule 9J-5.006(3)(c)4., Rule 9J-5.011(1)(g) and (h), Rule 9J-5.011(2)(b)5., F.A.C.] Recommendation Revise the Future Land Use Map to identify and include the Wekiva Study Area so as to protect areas of open space, the most effective recharge areas, karst features and sensitive natural habitats. The City should clearly identify the sources for the resource data and adopt the following maps into the Future Land Use Map: · City ofOcoee Within the Wekiva Study Area · Most Effective Recharge Areas · Karst Features Closed Topographic Depressions · Sensitive Natural Habitats · Karst Features/Closed Topographic Depressions and Other Selected Features b.) Definition of Open Space The City does not propose a new definition of open space in response to the Wekiva Act and therefore, defaults to its existing definition of open space: Undeveloped lands suitable for recreation and conservation uses. The City has proposed policies for the protection of open space and to preserve the most effective recharge areas, karst features and sensitive natural habitats in proposed Future Land Use Element (FLUE) Policies 2,3, 7 and 14; and Recreation and Open Space Element (ROSE) Policies 2 and 3. Objection The City's existing open space definition allows illLrecreation uses. Therefore, the proposed amendments do not include an adequate definition of open space applicable to the Wekiva Study Area addressing land to be left undeveloped or minimally developed. [Section 163.3184(1)(b), Section 163.3177(6)(a), Section 369.321(3), F.S.; Rule 9J-5.003(82), (84) and (90), Rule 9J-5.005(6), (7) and (8), Rule 9J-5.006(3)(b)4. and 10., Rule 9J- 5.006(3)(c)4., Rule 9J-5.013(1), (2) and (3), F.A.C.] Recommendation In accordance with the requirements of the Wekiva Act, the City should revise Recreation and Open Space Policies 2 and 3 to include a definition of open space that would support implementation of additional strategies to optimize open space and promote a pattern of development that protects karst features, sensitive natural habitats and most effective recharge areas ofthe Wekiva Study Area: land left undeveloped or minimally developed as part of a natural resource preserve, passive recreation area, or stormwater management area, with consideration of wildfire minimization. c.) Land Use Strategies The City has proposed new objectives and policies to "optimize open space, protect the most effective recharge areas, karst features and sensitive natural habitats," as follows: · -- FLUE Policy 14, allows clustering to preserve open space to preserve most effective recharge areas and karst areas (but not sensitive natural habitats). · ROSE Policy 2, provides for the acquisition and protection of karst features, (but not most effective recharge areas and sensitive natural habitats, · ROSE Policy 5, provides incentives for the acquisition of city parks. Objection The policy does not establish land use strategies that optimize open space and promote a pattern of development that protects the most effective recharge areas, karst features, and sensitive natural habitats including LongleafPine, Sand Hill, Sand Pine and Xeric Oak Scrub. The proposed amendment fails to address adequately the requisite land use strategies as required by the Wekiva Act. The Wekiva Act directs local governments to evaluate the land use strategies listed in the Act and to establish land use strategies that optimize open space and promote a pattern of development to protect the mapped resources. Land development strategies may include: · Coordinated greenway plans · Dedication of conservation easements · Land acquisition, both fee simple and less-than-fee · Clustering of development · Density credits and density incentives for the permanent protection of open space · Transfers of development rights · Low to very low density of development · Design retention ponds that promote aquifer recharge The amendment does not include an analysis of the open space requiring protection and evaluate strategies for protection. The amendment does not evaluate the land use strategies established in the City's existing goals, objectives and policies relative to land use strategies listed in the Wekiva Act so as to determine whether or not the land use strategies optimize open space and promote a pattern of development to protect mapped resources. The amendment does not include plan policies that establish a land use strategy that protects the most effective recharge areas and policies to establish appropriate development standards to protect ground water quality and surface water resources. The amendment does not include any policies to establish mechanisms for the permanent protection of open space except within city parks or to assist the Florida Communities Trust with land purchases within the Wekiva Study Area. [Section 163.3184(1)(b), 163.3177(6)(a) and (d), Section 369.321(3), F.S., Rule 9J-5.005(6), (7) and (8), Rule 9J-5.006(3)(b)4 and 10., Rule 9J-5.006(3)(c)4., Rule 9J-5.013(1), (2) and (3), F.A.C.] Recommendation In accordance with the requirements of the Wekiva Act, the City should revise the amendment to include a definition of open space, an open space policy and additional strategies to optimize open space and promote a pattern of development that protects sensitive natural habitats and most effective recharge areas ofthe Wekiva Study Area. Based on the definition of open space, the City should revise the policy to include the required data and analysis and plan policies to establish land use strategies to optimize open space for the protection ofthe most effective reCharge areas, karst features, and sensitive natural habitats including LongleafPine, Sand Hill, Sand Pine and Xeric Oak Scrub. The revised policy should include and define meaningful and predicable guidelines and development standards for all the uses to be allowed in the Wekiva Study Area. With its revision to the amendment, the City should ensure that the following components are included: · Definition of open space; · Mechanisms for the protection of open space; · Establishment of priorities for open space protection; · Analysis of open space requiring protection and evaluate strategies for protection; · Adoption of a land use strategy for protection; · Adoption of goals, objectives and policies to implement priorities for open space protection; · Implementation of policies to assist with Florida Communities Trust purchases. The Guidelines for Preparing Comprehensive Plan Amendments for the Wekiva Study Area, prepared by the Florida Department of Community Affairs, March 2005, are available to the City for reference as it prepares the adoption amendment. d.) Land Development Regulations The City has proposed many new objectives and policies to "optimize open space, protect the most effective recharge areas, karst features and sensitive natural habitats." However, with each of the following policies, the implementation of these polices and the development of performance standards are deferred to the land development regulations. · FLUE Policy 2, to mitigate impacts, to protect open space and most effective recharge areas through the use of land development regulations. · FLUE Policy 3, land development regulations shall promote innovative development. · FLUE Policy 7, land development regulations shall protect air and water quality, karst features and open space. · FLUE Policy 8, land development regulations shall protect surface water quality. · FLUE Policy 10, as identified in the land development code, soil potential shall be evaluated. · FLUE Policy 11, criteria for the delineation of conservation and floodplains shall be addressed in the land. development code. · FLUE Policy 12, activity which would destroy wetlands or other environmentally sensitive natural habitats, as defined by the land development code, would be restricted. · FLUE Policy 14, to allow for greater open space, clustering may be controlled by PUD zoning. · ROSE Policy 1, mitigation standards for park and recreation facilities shall follow standards set forth in the land development code. · Conservation Policy 2, future development, as defined by the land development code, shall not occur within 25 feet of a 100-year floodplain. · Conservation Policy 3, land development regulations include provisions for the --protection and conservation of the natural function of existing soils. Objection TheWekiva Act requires local governments to amend their comprehensive plans to establish land use strategies that optimize open space. However, the amendment defers the implementation of strategies, standards and incentives for the accomplishment of open space requirements, for the purpose of establishing appropriate performance standards to protect ground water quality and surface water resources, all to the land development regulations. [Section 163.3184(1)(b), Section 163.3177(6)(a) and (d), Section 163.3202(2), Section 369.321(6), F.S.; Rule 9J-5.006(3)(b)4., and 10., Rule 9J-5.006(3)(c)4., Rule 9J-5.022(1)(b), Rule 9J-5.023(2), F.A.C.] Recommendation Revise the amendment to reflect the requirements of the Wekiva Act to provide that development will be guided in a manner that optimizes open space and promotes a pattern of development that protects the recharge capabilities of the land, recognize property rights and the differing circumstances and varying land use patterns within the Wekiva Study Area. 3. Stormwater Amendment Natural Groundwater Aquifer Recharge Sub-Element Objective 1, references the Regional Master Stonnwater Management Plan. It states that the City will incorporate the recommendations of the master plan into the Comprehensive Plan within nine months of the regional plan's completion. Objection The proposed amendment to the Natural Groundwater Aquifer Recharge Sub-Element, Objective 1, will be undertaken within nine months following the completion of the regional master stormwater plan. The Wekiva Act stipulates that each local government within the Wekiva Study Area shall amend its local government comprehensive plan to ensure implementation of the master stormwater management plan by January 1, 2006. [Section 163.3184(1)(b), Section 369.321(2), F.S.; Rule 9J-5.006(3)(c)4., Rule 9J-5.011(2)(b)1., Rule 9J-5.016(4)(a)1., F.A.C.] Recommendation The City should revise Objective 1, Natural Groundwater Aquifer Recharge Sub- Element, to specify that the requisite comprehensive plan amendments will be adopted within 6 months of the completion of the Regional Master Stonnwater Plan. Pursuant to the Wekiva Act, the revision should include assessment of existing problems and deficiencies together with; · Identification ofprojects to meet long-range needs; · Priorities to address existing deficiencies; · Measures to address redevelopment; · Schedule to complete needed improvements; · Evaluation of the feasibility of stormwater reuse; · Requirements for inspection and maintenance of facilities; · Funding implementation of master stonnwater plans and maintenance. Recommendation Revise the amendment to reflect the requirements of the Wekiva Act to provide that development will be guided in a manner that optimizes open space and promotes a pattern of development that protects the recharge capabilities of the land, recognize property rights and the differing circumstances and varying land use patterns within the Wekiva Study Area. 3. Stormwater Amendment Natural Groundwater Aquifer Recharge Sub-Element Objective 1, references the Regional Master Stormwater Management Plan. It states that the City will incorporate the recommendations of the master plan into the Comprehensive Plan within nine months of the regional plan's completion. Objection The proposed amendment to the Natural Groundwater Aquifer Recharge Sub-Element, Objective 1, will be undertaken within nine months following the completion of the regional master stormwater plan. The Wekiva Act stipulates that each local government within the Wekiva Study Area shall amend its local government comprehensive plan to ensure implementation of the master stormwater management plan by January 1,2006. [Section 163.3184(1)(b), Section 369.321(2), F.S.; Rule 9J-5.006(3)(c)4., Rule 9J-5.011(2)(b)1., Rule 9J-5.016(4)(a)1., F.A.C.] Recommendation The City should revise Objective 1, Natural Groundwater Aquifer Recharge Sub- Element, to specify that the requisite comprehensive plan amendments will be adopted within 6 months of the completion of the Regional Master Stormwater Plan. Pursuant to the Wekiva Act, the revision should include assessment of existing problems and deficiencies together with; · Identification of projects to meet long-range needs; · Priorities to address existing deficiencies; · Measures to address redevelopment; · Schedule to complete needed improvements; · Evaluation of the feasibility of storm water reuse; . Requirements for inspection and maintenance of facilities; . Funding implementation of master stormwater plans and maintenance. 4. Wastewater Amendment Sanitary Sewer Sub-Element Objective 1 requires the City to review the Sanitary Sewer Sub-Element to reflect any necessary changes recommended by the wastewater facility plan, "within nine months of the completion of the wastewater facility plan." Objection Section 369.320 (1), F.S., Wastewater Facility Plan, requires the local governments within the Wekiva Study Area to develop a wastewater facility plan. The local governments are expected to develop these plans in a timely manner inasmuch as they are important to the overall protection ofthe resources in the Wekiva Study Area. The Objective does not identify a timely date for the development of the wastewater facility plan and the necessary comprehensive plan amendments to implement the plan consistent with the requirements of Section 369.320, F.S. [Section 163.3184(1)(b), Section 369.321(2), F.S.; Rule 9J-5.011(1)(f), Rule 9J-5.011(2)(b)1., Rule 9J-5.016(4)(a)1., F.A.C.] Recommendation The Objective should be amended to require development ofthe wastewater facility plan within the 2006 calendar year with adoption of the necessary comprehensive plan amendments within six months ofthe development of the plan or by June of2007 whichever occurs first. This plan is necessary for the implementation of future rules to be adopted pursuant to Section 369.318(2), F.S., to address nitrogen reductions. 5. Comment A. The Department would like to reiterate our earlier offer to provide up to $10,000 in technical assistance funding to the City to assist with the development of the wastewater facility plan. lfthe City is interested in this funding please contact Caroline Knight with the Department of Community Affairs. B. The City proposes the creation of a new comprehensive plan element, "Wekiva Parkway and Protection Act Element." This new element contains new policies and objectives, which in some cases supersede existing policies and objectives ofthe Future Land Use Element, Conservation Element, the Sanitary Sewer, Potable Water and Natural Groundwater and Aquifer Recharge Element and of the Recreation and Open Space Element. As the removal of these policies and objectives from the existing elements will materially affect those elements, the adoption ordinance should contain a corresponding amendment to reflect the changes and modifications-to the Future Land Use Element, Conservation Element, the Sanitary Sewer, Potable Water and Natural Groundwater and Aquifer Recharge Element and of the Recreation and Open Space Element and to ensure that the numbering remains consistent. Additionally, proposed Policy 7 incorrectly references "Policy 5.3" which has now been changed to "Policy 8." II. Consistency \Vith The State Comprehensive Plan The proposed City of Ocoee Comprehensive Plan amendment does not adequately address and further the goals and policies of the State Comprehensive Plan, Chapter 187, Florida Statutes: Goal (7) Water Resources; Policies (b) 2 and 10. Goal (9) Natural Systems and Recreational Lands; Policies (b) 1 and 10. Goal (16) Land Use; Policy (b) 5. Goal (25) Plan Implementation; Policies (b) 3 and 5. Recommendation The City should revise the proposed amendment to be consistent with the State Comprehensive Plan (see specific objections, comments and recommendations included in this report). TRANSMITTAL PROCEDURES The process for adoption of local government comprehensive plan amendments is outlined in s. 163.3184, F. S., and Rule 9J-l1.011, F.A.C. Within ten working days of the date of adoption, the City must submit the following to the Department: Three copies of the adopted comprehensive plan amendments; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendment, and pursuant to Rule 9J-l1.011(5), F.A.C., please provide a copy of the adopted amendment directly to Mr. Jeff Jones, Acting Executive Director of the East Central Florida Regional Planning Council. Please be advised that Section 163.3184(8)(c), F.S., requires the Department to provide a courtesy information statement regarding the Department's Notice oflntent to citizens who furnish their l!_ames and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy infonnation statement, local governments are required by law to furnish the names and addresses of the citizens requesting this information to the Department. Please provide these required names and addresses to the Department when you transmit your adopted amendment package for compliance review. In the event there are no citizens requesting this information, please inform us ofthis as well. For efficiency, we encourage that the information sheet be provided in electronic format. TRANSMITTAL PROCEDURES The process for adoption of local government comprehensive plan amendments is outlined in s. 163.3184, F. S., and Rule 9J-11.011, F.A.C. Within ten working days of the date of adoption, the City must submit the following to the Department: Three copies ofthe adopted comprehensive plan amendments; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendment, and pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment directly to Mr. Jeff Jones, Acting Executive Director of the East Central Florida Regional Planning Council. Please be advised that Section 163.3184(8)(c), F.S., requires the Department to provide a , courtesy information statement regarding the Department's Notice ofIntent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement; local governments are required by law to furnish the names and addresses of the citizens requesting this information to the Department. Please provide these required names and addresses to the Department when you transmit your adopted amendment package for compliance review. In the event there are no citizens requesting this information, please inform us of this as well. For efficiency, we encourage that the information sheet be provided in electronic format. ORDINANCE NO. 2007- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED; AMENDING THE COMPREHENSIVE PLAN BY AMENDING PORTIONS OF THE FOLLOWING SECTIONS OF THE COMPREHENSIVE PLAN IN ORDER TO COMPLY WITH THE WEKIV A PARKWAY AND PROTECTION ACT: DEFINITIONS SECTION, FUTURE LAND USE ELEMENT, SANITARY SEWER SUB- ELEMENT, POTABLE WATER SUB-ELEMENT, CONSERVATION ELEMENT, AND RECREATION AND OPEN SPACE ELEMENT; 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 We kiva 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 January 16, 2007 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_389158.2 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. Definition of Open Space. The Ocoee City Commission hereby amends the "Definitions" Section of the Ocoee Comprehensive Plan to delete the definition for the term "Open Space" in its entirety and replace it with the following: Land area that remains undeveloped or minimally developed and that is suitable for passive recreation or conservation uses. Open space excludes waterbodies, lots, street rights of way, parking lots, impervious surfaces and active recreation areas including golf courses. Open space areas may include stormwater management areas that follow Best Management Practices (BMPs) in Objective 4 of the Natural Groundwater! Aquifer Recharge Sub-element of the Comprehensive Plan. Section 3. Amendments to Goals, Objectives and Policies of the Future Land Use Element. The Ocoee City Commission hereby amends and restates in its entirety Subsection XII (Goals, Objectives and Policies) of the Future Land Use Element of the Ocoee Comprehensive Plan as set forth on Exhibit "B" attached hereto and by this reference made a part hereof, with deletions being struck through and additions double underlined. Section 4. Requirements of the Wekiva Parkway and Protection Act. The Ocoee City Commission hereby adopts a new Subsection XIII to the Future Land Use Element of the Ocoee Comprehensive Plan titled "Requirements of the Wekiva Parkway and Protection Act" as set forth on Exhibit "C" attached hereto and by this reference made a part hereof. Section 5. Additions to Future Land Use Element Map Series. The Ocoee City Commission hereby amends the Future Land Use Element Map Series to add those certain Figures listed on and being attached hereto as Exhibit "D" and by this reference made a part hereof. Section 6. Amendments to Goals, Objectives and Policies of the Sanitary Sewer Sub-Element. The Ocoee City Commission hereby amends Subsection V (Goals, Objectives and Policies) of the Sanitary Sewer Sub-Element of the Ocoee Comprehensive Plan to add new Objectives and Policies as set forth on Exhibit "E" attached hereto and by this reference made a part hereof. 2 ORLA_389158.2 Section 7. Amendments Goals, Objectives and Policies of the Potable Water Sub- Element. The Ocoee City Commission hereby amends Subsection IV (Goals, Objectives and Policies) of the Potable Water Sub-Element of the Ocoee Comprehensive Plan to add new Objectives and Policies as set forth on Exhibit "F" attached hereto and by this reference made a part hereof. Section 8. Amendments to Goals, Objectives and Policies of the Natural Groundwater Aquifer Recharge Sub-Element. The Ocoee City Commission hereby amends Subsection V (Goals, Objectives and Policies) of the Natural Groundwater Aquifer Recharge Sub- Element of the Ocoee Comprehensive Plan to add new Objectives and Policies as set forth on Exhibit "G" attached hereto and by this reference made a part hereof. Section 9. Amendments to Goals, Objectives and Policies of the Conservation Element. The Ocoee City Commission hereby amends and restates in its entirety Subsection IV (Goals, Policies and Objectives) of the Conservation Element of the Ocoee Comprehensive Plan as set forth on Exhibit "H" attached hereto and by this reference made a part hereof, with deletions being struck through and additions double underlined. Section 10. Amendments to Goals, Objectives and Policies of the Recreation and Open Space Element. The Ocoee City Commission hereby amends and restates in its entirety Section IX (Goals, Objectives and Policies) of the Recreation and Open Space Element of the Ocoee Comprehensive Plan as set forth on Exhibit "I" attached hereto and by this reference made a part hereof, with deletions being struck through and additions double underlined. Section 11. 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 12. City Commission's Designee. 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 13. 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 14. 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 15. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. 3 ORLA_389158.2 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 , 2007 FOLEY & LARDNER LLP By: City Attorney ORLA_389158.2 ,2007. APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED AND READ FIRST TIME November 1,2005. READ SECOND TIME AND ADOPTED , 2007 UNDER AGENDA ITEM NO. 4 EXHIBIT" A" (Wekiva Study Area Map) (See attached sheet 7 A-I ORLA_389158.2 EXHIBIT" A" The Wekiva Study Area Within The City of Ocoee e EXHIBIT "B" (Amendments to Goals. Objectives and Policies of the Land Use Element) XII. GOALS, OBJECTIVES, AND POLICIES GOAL TO PROMOTE, PROTECT, AND IMPROVE THE PUBLIC HEALTH, SAFETY, GENERAL WELFARE, AND AESTHETICS THROUGH THE PROVISION OF APPROPRIATE LAND USES BY ESTABLISHING AN APPROPRIATE PATTERN OF LAND USE AND DIRECTING DEVELOPMENT ACCORDINGLY (9J-5.006 (3)(a), FAC). Objective 1 The development of land shall be regulated to ensure that newly developed property and redeveloped property is compatible (meaning, not in direct conflict with uses with regards to specific zoning categories, density and intensity) with adjacent uses and natural features and resources including topography, vegetation, and soil conditions (9J- 5.006 (3)(b) (1), FAC). Additionally, the City recognizes the Wekiva Study Area and shall create policies to protect the most effective recharge areas, karst features, and sensitive natural habitats as depicted on the following maps as adopted in the Future Land Use Map Series: "Most Effective Recharge Areas/Soil Conservation Service Type "A" Soils, "Karst Features/Closed topographic depressions", and "Sensitive Natural Habitats" . Within the W ekiva Study Area. properties with development entitlements shall be exempt. rWekiva Parkway and Protection Act (WPPA): Ch. 369.321(3). F.S.] Policy 1.1 The City shall review, through the development review process, all plans for development and redevelopment to ensure their compatibility with adjacent uses. Policy 1.2 The City shall regulate land development through the Land Development Code, to reduce, eliminate and/or prevent negative impacts related to noise, traffic, light, drainage, water and groundwater quality, toxic and hazardous materials, litter, dust, visibility, and other factors. This shall be 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 B-1 ORLA_389158.2 deemed to prevent nuisance to surrounding properties. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.l Policy 1.2.1 For areas within the Wekiva Study Area, the City shall require applicants for all land development activities to provide the following additional analyses by a qualified professional: a.) An analysis of soils to determine the presence and location of most effective recharge area as defined by the U. S. Soil Conservation Service Type "A" Hydrologic Soils Group. b.) An analysis to determine the presence and location of karst features. This analysis may include, but not limited to the use of geophysical surveys such as micro gravity and ground penetrating radar, and may be supplemented with documented locations of sinkholes, light detection and ranging surveys and aerial photographs. c.) An analysis to determine the presence and location of sensitive natural habitats including Longleaf Pine, Sand HilL Sand Pine, and Xeric Oak Scrub. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.l Policy 1.3 The City shall mitigate impacts by using regulations related to landscaping, setbacks, walls/fences, on-site parking, on-site traffic flow, lighting, signs, pedestrian access, vehicular access and other factors which will mitigate off-site impacts and enhance the health, safety, welfare and appearance of the built environment while providing an effective buffer between uses (9J-5.006 (3)(c)(4), FAC). Policy 1.3.1 For areas within the Wekiva Study Area, the City shall limit new land development activities that have the potential to adversely impact groundwater and surface water quality including but not limited to mining, land fills, sprayfields, heavy industriaL intense animal operations, and high density residential using on-site septic systems for wastewater treatment. rWekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] Policy 1.3.2 For those areas within the Wekiva Study Area where limitation of development is not feasible, the City shall mitigate impacts by using Best Management Practices and development standards such as buffering, setbacks and open space B-2 ORLA_389158.2 standards that oPtimize open space and protect most effective recharge areas. karst features and sensitive natural habitats. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3). F.S.] Policy 1.4 The City shall allow mixed and multi-uses in the Special Overlay Areas (SOAs) which include the Downtown Redevelopment Area, Interchange Impact Areas, and Activity Centers, and shall use strict design criteria to provide an attractive appearance and to offset negative impacts, sprawling development patterns and the proliferation of strip commercial development (9J-5.006 (3)(c)(5), FAC). Policy 1.5 The City shall require that industrial parks develop with internal traffic circulation and buffering from adjacent roads and properties. Policy 1.6 The City shall control strip commercial development through access limitations by restricting commercial land uses to the intersections of arterial and non- residential collector roads, along designated arterial and collector roads and within Planned Unit Developments. This shall be accomplished through the land development regulations (9J-5.006 (3)(c)(5), FAC). Policy 1.7 The land development regulations shall promote innovative development in those cases where a public benefit can be realized and impact can be offset by the development, as follows: · Utilize Planned Unit Development zoning to allow for mixed uses and unconventional development designs in those cases where the developer can demonstrate increased effectiveness of service deliverv. improved living environments, or protection of natural resources or increased effectiveness of service deliverysuch 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. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3). F.S.]; and · Provide development standards that create useable open spaces in new developments (9J-5.006 (3)(c)(5), FAC). B-3 ORLA_389158.2 ORLA_389158.2 Policy 1.8 The City shall periodically review and update the City's Land Development Code. These regulations shall reflect the goals, objectives, and policies contained in this Comprehensive Plan and shall be consistent with the Future Land Use Map. By January 2007, the Land Development Code will implement the requirements of the Wekiva Parkway and Protection Act. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] Policy 1.9 The City shall only establish new industrial development zoning along major corridors and shall review existing zoning along major corridors in order to minimize the impacts of the industrial zoning. Heavy industrial uses which are generally not aesthetically desirable shall be discouraged along arterial and collector streets or shall be required to provide berms and/or opaque screening or fencing so as to eliminate visibility of building or outside storage area from the street. Access to industrial areas shall be attractively landscaped and signed. Buffers shall be used as set forth in the City of Ocoee Land Development Code. Policy 1.10 The following density and intensity restrictions shall apply within the land use categories established on the Future Land Use Map. . Low Density Residential (less than 4 dwelling units per acre) . Medium Density Residential (4 to less than 8 dwelling units per acre) . High Density Residential (8 to 16 dwelling units per acre) . Commercial - FAR 3.0 max. . Professional Offices and Services - FAR 3.0 max. . Light Industrial - FAR 3.0 max. . Heavy Industrial - FAR 3.0 max. . Public Facilities/Institutional - FAR 1.0 max. . Conservation/Floodplains - FAR 0.1 max. . Recreation and Open Space - FAR 0.5 max. (9J-5.006 (3)(c)(7), FAC) B-4 Policy 1.12 Assisted living facilities may be permitted in commercial areas, professional offices and services areas, and residential areas by special exception unless prohibited by the Land Development Code. Density may be permitted based upon the anticipated reduced traffic impact and parking requirements where compatibility with surrounding residential is ensured. Policy 1.13 The City of Ocoee will not annex properties located within the Gotha and Clarcona Rural Settlements in accordance with the terms of Section 5 of the IP A Agreement (Intergovernmental Coordination Element). Policy 1.14 Pursuant to Section 8 of the IPA Agreement, the Ocoee Future Land Use designations shown on the Future Land Use Map (Figure 2) will not become effective until such time as annexation occurs. Upon annexation, no Future Land Use Map Amendment will be required since the proposed uses of land are consistent with those shown on the IP A Land Use Map (Intergovernmental Coordination Element). However, Ocoee will initiate a Comprehensive Plan Amendment to reflect the annexation at the next cycle. Policy 1.15 The City may assign an initial zoning, after annexation, which is consistent with both the Future Land Use Map and the IP A Agreement and exercise Planning authority pursuant thereto. Policy 1.16 Future growth and development patterns in the City and, upon annexation thereof, the IPA lands will be guided by the IPA Agreement and IPA Land Use Map. Objective 2 To provide adequate services and facilities to newly developed or redeveloped property and to protect the ability of those services and facilities to function properly. These services and facilities shall be provided in an economically feasible manner, as outlined in the Infrastructure Element Sub-elements, and shall be provided in a manner to discourage urban sprawl (91-5.006 (3)(b)(8)&(9), FAC). B-5 ORLA_389158.2 Policy 2.1 The City shall adopt level of service standards in the respective elements of this Plan that define adequate public services and facilities (for levels of service standards, please see Policy 1.1 in the Capital Improvements Element of this Comprehensive Plan). Policy 2.2 The City shall adopt and annually revise a Capital Improvements Program (CIP) to schedule the provision of future public services and facilities, including. but not limited to the financiallv feasible schedule of needed improvements for the master stormwater management plan and the wastewater facility plan as required by Chapter 369.319 and 369.320. F.S.. respectively. The CIP will include the acquisition of land that will be provided by the City. The Concurrency Management System shall be utilized to indicate possible infrastructure deficiencies and identify target areas for improvements. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] Policy 2.3 The City shall require development to have adequate services and facilities available prior to or concurrent with the impacts of the development, consistent with adopted standards. Services and facilities include: potable water, sanitary sewer, drainage, solid waste, roads, and parks. This policy shall be implemented through the Concurrency Management System as defined in the Capital Improvements Element (9J-5.006 (3)(c)(3), FAC). Policy 2.4 The City shall allow only land use patterns and development that can be efficiently provided with necessary public services. This shall be regulated through the Concurrency Management System as described in the Capital Improvements Element of this Comprehensive Plan. Policy 2.5 The City shall consider requests for voluntary annexation into the City when those lands are logical extensions of the existing City limits, when services can be properly provided, and when proposed uses are compatible with the City's Comprehensive Plan, the JP A Agreement, and the City's Annexation Policy. For the purpose of this Policy, an annexation shall be considered as a logical extension if it is within the limits of the JP A and meets the technical criteria of Chapter 171, Florida Statutes. The boundaries of the JP A are illustrated on the Future Land Use Map. Services will be considered as being properly provided if the existing or planned public facilities can support the land uses and densities B-6 ORLA_389158.2 proposed in the area to be annexed consistent with the level of service standards set forth in this plan (9J-5.006 (3)(c)(3), FAC). Policy 2.6 In order to utilize existing facilities efficiently, the City shall encourage infill within developed areas. Promoting development can be accomplished through the provision of economic and regulatory incentives. Such incentives may include floor area ratio credits, streamlining the permitting process for development proposals within these areas, zoning variances on building setbacks, side yard and parking requirements and allowing sufficiently higher densities to make investment profitable and affordable housing possible. Policy 2.7 The City shall require new developments to provide necessary services and facilities or to pay a fair share of the cost of those services and facilities. These services and facilities shall conform to the adopted level of service standards. Policy 2.8 The City shall encourage development when and where appropriate facilities and services to support it are available (based on the levels of services standards adopted concurrent with this Comprehensive Plan), thereby discouraging urban sprawl and ensuring that concurrency is met. The following policy statements demonstrate how compliance shall be implemented. . Development orders shall not be approved if mandated services are degraded below accepted LOS standards. . The following public facilities and services shall be available for new development in all urban areas: schools; roadways; solid waste collection; stormwater management; fire and police protection; potable water, sanitary sewer or septic tanks if the soils are acceptable. . Through appropriate land development regulations and provision of effective urban services, the City shall promote infm development within the municipal boundaries. . The City shall assure that adequate facilities and services are available to support the new development as specified in the Concurrency Management System. . The land development regulations shall to reflect the policy of controlling control urban sprawl. B-7 ORLA_389158.2 Policy 2.10 The City shall complete a study of all areas where blighted conditions (including drainage and infrastructure inadequacies) may occur. The results of this study will become support material for any Community Redevelopment grants the City may submit. Policy 2.11 All proposed shopping centers of more than 100,000 square feet of floor area may be required to submit a market analysis during the City's development review process when it the opinion of City Staff that the existing shopping centers of that size in the City exhibit vacancy rates in excess of 20 percent, or as otherwise required by City Staff. Policy 2.12 The City shall continue to encourage the consolidation of lots or small, shallow parcels in order to encourage development into planned concentrations, as opposed to a linear, strip commercial configuration. Objective 3 The City shall adopt and implement plans and programs for Interchange Impact Areas, the Downtown Redevelopment Area, and Activity Centers as determined by the City Commission to meet the criteria established by Chapter 163, Florida Statutes to encourage Planned Unit Developments and mixed and multi-use developments (9J-5.006 (3)(b)(2) and (10), FAC). Policy 3. 1 The City may require special development plans for Interchange Impact Areas, the Downtown Redevelopment Area and Activity Centers when such plans are needed to effectively coordinate development among multiple projects. Policy 3.2 The City shall implement land development regulations that put in place mechanisms that will allow for mixed and multi-uses in development plans. Policy 3.3 The City shall provide public services and facilities to all neighborhoods in an effective manner. B-8 ORLA_389158.2 Policy 3.4 The City shall develop mixed use zoning provisions within the Land Development Code which shall provide for the implementation of new "mixed/multi uses within a variety of higher intensity land use categories where the overall impacts of development are determined to be no greater than those that would otherwise result from that permitted by underlying land uses. This ordinance shall provide for such items as internal circulation, compatibility of adjacent uses, functional relationship between mixed uses, provisions of open space and public amenities, and consistency with all requirements of the City's Comprehensive Plan (9J-5.006 (3)(c)(5), FAC. Objective 4 The City shall encourage the redevelopment and renewal of blighted areas by offering incentives to developers (9J-5.006 (3)(b)(2), FAC. Policy 4.1 The City shall support the redevelopment of the downtown area by providing preferential incentives, conducting special studies, and encouraging the centralization of commercial, governmental, retail, residential, and cultural activities. Policy 4.2 Proposed commercial and industrial development requmng a change to the Future Land Use Map may be required to submit a market study indicating the economic feasibility of the development and the location advantage over existing commercial and industrial lands . Policv 4.3 The portion of the Communitv Redevelopment Area as identified in Figure 6.6: "Other Selected Land Use Features" that is located within the Wekiva Studv Area boundaries shall be exempt from the requirements herein based on Chapter 369, F.S. rWekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] Objective 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. B-9 ORLA_389158.2 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). rWekiva Parkway and Protection Act (WPPA): Ch. 369.321(3). F.S.] Policy 5.2 The City shall use development regulations to protect air and water quality, flood-prone areas, open space. karst features. natural wetland, sensitive natural habitats, wellhead protections areas and the most effective recharge areas for the Floridian and surficial aquifers. This shall be accomplished by such regulations as are described in Policy 5.3. In addition, the City shall cooperate with federal, state and regional environmental management agencies to identify and monitor unusual activities associated with non-residential uses and to refer observed violations to the appropriate enforcement authorities. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] 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 greenbeltsnatural reservations, as identified in the Land Development Code. Recreation and Open Space Element. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3). F.S.] B-lO ORLA_389158.2 Policy 5.5 The City shall, in coordination with developers, evaluate soil potential on a site by site basis through on siteincluding but not limited to most effective aquifer recharge areas and karst features. This examination and testing will be done on a site-by-site basis. Specific characteristics and criteria under examination shall be as identified in the Land Development Code. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.l Policy 5.6 The City shall require developers to delineate conservation and floodplain landso! 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--provide that development will be guided in a manner that oPtimizes open space and promotes a pattern of development that protects the recharge capabilities of the land, recognizes property rights and the differing circumstances and varying land use patterns within the Wekiva Study Area. The specific development criteria shall be addressed in the Land Development Code. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] Policy 5.7 The City shall enforce the Land Development Code to require development proposals to include the identification of and management plans for rare, endangered, and threatened flora and fauna species consistent with the criteria outlined in the Land Development Code and the Conservation Element of this Comprehensive Plan. Policy 5.8 Proposed activities which would destroy or degrade the functions of wetlands or other environmentally sensitive lanGsnatural habitats or karst features as defined by the Land Development Code or depicted in the Future Land Use Map Series shall only be permitted in limited instances where development would be severely restricted. If there is no practical alternative, mitigation measures shall be undertaken, consistent with the Land Development Code. Policy 5.9 The City shall continuously plan for and only approve development that is consistent with natural drainage and water storage plans. This shall include special provisions in the Land Development Code pertaining to land-locked drainage basins where projects may be permitted on a case-by-case basis when B-ll ORLA_389158.2 unique site characteristics demand a more comprehensive stormwater management approach (9J-5.006(3)(c)(4), FAC). Policy 5.10 The City shall continue to update the Existing and Future Land Use Maps to reflect the addition of new City wells. A protection zone of 1000 feet is depicted in the wellhead protection areas (9J-5.006 (3)(c)(6), FAC). Policy 5.11 The City shall ensure the protection of groundwater sources by restricting Commercial and Industrial future land uses known to adversely affect the quality and quantity of identified water sources within wellhead protection areas, existing cones of influence, anaareas with karst features and most effective aquifer recharge areas. In addition, other land use activities such as hazardous waster facilities, fuel storage facilities, and groundwater injection wells known to adversely affect the quality and quantity of groundwater sources will be prohibited within wellhead protection areas, existing cones of influence, anaareas with karst features and most effective aquifer recharge areas (9J-5.006 (3)(c)(6) and 9-J-5.013 (2)(c)(1), FAC). [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] Policy 5.12 The City's wetlands shall be conserved and protected from physical and hydrologic alterations by regulating development activities to protect natural water-cleansing features and reduce or prevent discharges of contaminants from urban and agricultural land uses through the Land Development Code. The Land Development Code shall include provisions such as (but not limited to) the use of such natural features in the treatment of stormwater runoff, limitations on destruction of native vegetation and/or land clearing within such natural features, and maintenance of upland buffers and/or environmental swales within a minimum width of twenty-five (25) feet surrounding such natural features. For the purposes of this policy, natural features shall include Florida Department of Environmental Protection jurisdictional wetlands (9J- 5.013(2)(c)(3), FAC). Policy 5.13 The City shall protect and conserve the natural functions of wetlands by directing land uses incompatible with the protection and conservation of wetlands and wetland functions away from identified wetlands. The type, value, function, size, conditions and locations of wetlands will be factors used to consider land use changes where incompatible uses are allowed to occur, B-12 ORLA_389158.2 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). Objective 6 The City shall maintain an inventory of local historic sites and enforce the Land Development Code to protect historic resources (9J-5.006 (3)(b)(4), FAC). Policy 6.1 The City shall identify, preserve, and protect historic resources and promote quality architecture compatible with those historic resources when feasible (9J- 5.006 (3)(c)(8), FAC). Policy 6.2 The City shall assist owners list their property on the National Register of Historic Places and help them solicit preservation grants for that purpose. Policy 6.3 The City shall protect historic structures or known archaeological sites, which are eligible for listing on the National Register of Historic Places, by designating their location on the City Zoning Map and erecting identification signs at each registered site. Policy 6.4 The City shall protect known or suspected archaeological sites by restricting excavation and disturbance activities in known sites, and by evaluating suspected areas before disturbance. Eligible sites shall be either preserved or excavated and documented prior to destruction. Objective 7 The City shall enforce the Land Development Code to preserve existing and future neighborhoods. Policy 7.1 The City shall enforce standards in the Land Development Code to promote compatibility of adjacent land uses by requiring buffer zones to protect new and established residential areas adjacent to new and established non-residential, uses. Buffer zones shall be defined within the Land Development Code, based on the following guidelines: B-13 ORLA_389158.2 a) "Minor" buffers between low-rise (two stories or less) office or multi-family uses and single family areas, consisting of a minimum of fifteen (15) feet of buffer area supplemented by walls, and/or fences, and landscaping. b) "Medium" buffers between retail commercial or high-rise (over two stories) office and any residential use, consisting of a minimum of twenty-five (25) feet of buffer area supplemented by walls, and/or fences, and landscaping. c) "Major" buffers between any industrial use and any residential use, consisting of a minimum of fifty (50) feet of buffer area supplemented by walls, and/or fences, and landscaping (9J-5.006 (3)(c)(2), FAC). Policy 7.2 The City shall permit only low intensity office and low intensity commercial development adjacent to residential areas except where well buffered. Policy 7.3 The City may permit non-residential uses within residential areas after analysis of the proposed use has indicated that such use will not adversely affect the residential area, will be compatible with the residential character of the area, and will not be otherwise inconsistent with this Comprehensive Plan. Such uses may be implemented through the Land Development Code by a special use permit. Non-residential uses may be permitted and shall include, but not be limited to, home occupations, child care centers, churches, schools, libraries, parks and recreational facilities, marinas, boat houses, boat docks, stables, agricultural accessory, guest cottages, and similar uses. Such uses shall be restricted to setback regulations applicable to the zoning district in which they are located. Policy 7.4 The City may permit office and professional uses in residential land use category areas. The intensity of use shall be restricted to use of existing residential structures, or to new structures closely resembling residential structures. Regulations shall ensure that parking, outside service and loading areas, and outside mechanical equipment is regulated to protect adjoining residential areas. Transitional zoning areas shall be restricted to those portions of a residential area abutting a major street or a non-residential area where maintenance of a traditional residential land use is difficult because of the undesirable location. This policy shall be implemented by zoning regulations in the Land Development Code (9J-5.006 (3)(c)(2), FAC). B-14 ORLA_389158.2 Policy 7.5 To allow for greater open spaces to preserve the most effective recharge areas, karst features and sensitive habitats depicted in the Future Land Use Map series, density may be computed in a defined development project by allowing clustering in certain areas. These clusters may be of greater density than allowable within the land use designations as long as the total project does not exceed maximum density as designated on the Future Land Use Map. Clustering, pursuant to the foregoing concept, may be controlled by density caps, pun zoning or a restrictive covenant running with the land with power of enforcement in favor of the City. rWekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] Policy 7.5.1 For those parcels inside the Wekiva Study Area (WSA) boundary that use clustering as a methodology to increase the amount of open space as required under the WSA guidelines, the parcels are allowed to develop under the same density/intensity as indicated by the City of Ocoee Future Land Use Map and associated text originally adOPted in October 1, 2002, and amended from time to time. rWekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] Policy 7.6 Land designated for industrial use should be adjacent to railways and/or major highways. Adequate buffering should be provided from adjacent residential land uses, and office or commercial uses should be encouraged between industrial and residential areas (9J-5.006 (3)(c)(2), FAC). Policy 7.7 The Land Development Code shall provide for adequate open space within new developments and redevelopment projects. The minimum required open space within any project shall be five (5) percent of the total site. Policy 7.7.1 Large scale development or redevelopment of greater than ten nO) acres located outside the Community Redevelopment Area (CRA) but within the Wekiya Study Area (WSA) boundary will be subiect to a minimum twenty percent (20%) open space requirement. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] B-15 ORLA_389158.2 Policy 7.7.2 For development or redevelopment located outside the CRA. but within the WSA boundary that have karst features identified on Figure 6.3: "Karst Features/Closed Topographic Depressions." and subsequently confirmed by site specific analysis. will be required to provide buffering setbacks consistent with the definition of Open Space in the following manner: Sinkholes with a direct connection to the aquifer 200 feet. measured from the drainage divide Other sinkholes 100 feet. measured from the drainage divide Other karst features with a direct connection to the aquifer ( swallet or stream to sink) 200 feet. measured from the drainage divide *According to Figure 3 through 6 in the "Guidelines for Preparing Comprehensive Plan Amendments for the Wekiva Study Area" (DCA, March 2005), neither the City of Ocoee nor the Joint Planning Area had any springs or caves that required buffering. rWekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.l Policy 7.8 Where commercial development is allowed at the intersection of major roads, no more than two (2) quadrants will be approved for gas stations or auto-related activities. Objective 8 The City will ensure the availability of lands to future Public Schools by allowing adequate opportunities proximate to residential areas (Chapter 163.3177 (6)(a), FS). Policy 8.1 Elementary Schools shall be permitted in Low Density Residential, Medium Density Residential, High Density Residential, Institutional and Professional Offices and Services land use designations. Middle Schools and High Schools shall be permitted in Low Density Residential, Medium Density Residential and High Density Residential, Professional Offices and Services, Institutional and Commercial land use designations. B-16 ORLA_389158.2 Policy 8.2 The City shall work with Orange County Public Schools to develop siting provisions within the Land Development Code which encourage the siting and collocation of public schools and other public facilities such as parks, libraries and community centers compatible with surrounding development. Policy 8.3 The City will ensure that the siting of schools is located away from flood plains, flood prone areas, wetlands and other environmentally sensitive areas. Policy 8.4 The City's Capital Improvements Program, where applicable, shall be coordinated with the Orange County Public Schools' five-year facilities work program. Policy 8.5 The City shall work cooperatively and continue to maintain an ongoing exchange of information with Orange County Public Schools and other educational facility providers to ensure that new and expanded educational facilities are properly located, designed and constructed to be consistent with the City's Comprehensive Plan. Objective 9 The City shall encourage the elimination and reduction of uses inconsistent with the City's character and future land uses (9J-5.006 (b)(3), FAC). Policy 9.1 Existing land uses, which are not compatible with adjacent uses, the character of the area, natural resources, or the Future Land Use Map shall be eliminated upon redevelopment, and until that time, may not be permitted expand unless legally proven to be able to do so. Policy 9.2 The City will coordinate future land uses by encouraging the elimination or reduction of uses that are inconsistent with any interagency hazard mitigation report recommendations that the City determines to be appropriate. B-1? ORLA_389158.2 Objective 10 The City shall coordinate with any appropriate resource planning and management plan prepared pursuant to Chapter 380, Florida Statutes, and approved by the Governor and Cabinet (91-5.006 (b)(7), FAC). Policy 10.1 The City will review all resource planning and management agencies plans as they become available or are amended and update the Comprehensive Plan accordingly with the next plan amendment cycle. B-18 ORLA_389158.2 EXHIBIT "C" (Requirements ofthe Wekiva Parkway and Protection Act) XIII. REQUIREMENTS OF THE WEKIVA PARKWAY AND PROTECTION ACT A. 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 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 6.1: City of Ocoee within the Wekiva Study 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, may not be subject to certain amendments required by the Wekiva Parkway and Protection Act (WPPA). Additionally, the Community Redevelopment Area (CRA), as identified in Figure 6.6: "Other Selected Land Use Features" shall be exempt from the requirements of Chapter 369, F. S., as it relates to the Wekiva Study Area. Since 1994, the City of Ocoee has had a Joint Planning Area (JPA) Agreement with Orange County. This agreement provides for a JPA Land Use Map (JPA-LUM) depicting mutually agreed upon land use classifications and a JP A Boundary. The JP A - L UM is consistent with the current 2020 Future Land Use Map contained in the Future Land Use Element. These land use classifications and the boundary reflect two general commitments: . The City will exercise extra-territorial powers in annexations that are consistent with the JPA land use classifications; and . The County recognizes that these unincorporated lands inside the JP A Boundary will be annexed into the City some unspecified future date. The portions of the City and the Joint Planning Area (JPA) 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 8,649 91 % 852 9% JPA 1 11,413 90% 1,215 10% 1 JPA includes the City limits and the unincorporated Orange County lands. C-1 ORLA_389158.2 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. According to Figure 1 (DCA Guidelines, page 6) no springs, spring runs or caves are known to be located within the City and are therefore not a consideration. B. 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, and Xeric Oak Scrub. These maps have been adopted into the Comprehensive Plan as a component of 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, due to the map scale and the map sources these required maps are not site specific and are "for planning purposes only". . Figure 6.2: "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. 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 6.3: "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 FA 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 C-2 ORLA_389158.2 strong correlation between the frequency or density of these depressions and karst features. The FA V A has recently been modified by the SJRWMD 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 to determine if karst features actually exist. . Figure 6.4: "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). The last row of Table 2 titled "Composite Map: A or B or C" contains the acreage within the City limits and inside the Joint Planning Area (JPA) that is either categorized as 'Karst Features/Closed Topographic Depressions;' 'Most Effective Recharge Areas/Soil Conservation Service Type A Soils;' or 'Sensitive Natural Habitats.' These two numbers form the basis of "Table 3: Most Effective Recharge Areas Captured by Other Land Uses." TABLE 2: ACRES/PERCENT OF THE CITY LIMITS AND JPA CONTAINING THE SUBJECT CRITERIA INSIDE CITY LIMITS 1: INSIDE JOINT PLANNING AREA 2: MAP NAME: ACRES PERCENTAGE ACRES PERCENTAGE A. Most Effective Recharge 5,148 59% 6,121 54% Areas B. Karst Features 1,175 14% 1,667 15% C. Sensitive Natural Habitats 72 0.08% 77 0.7% Composite Map: A, B & C 0 0 0.15 0.001 % Composite Map: A or B or C 5,892 68% 7,264 84% 1 City Limits, in this case, excludes the area not covered by the WSA designation. 2 IPA includes the City limits (see exclusion in Note 1 above) and unincorporated Orange County lands. C-3 ORLA_389158.2 c. Brief Analysis of Required Maps . Most Effective Recharge Areas/SCS Type "A" Soils Based on the City of Ocoee's analysis (Table 2, above), the most effective recharge areas comprise 5,148 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 A venues 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 JPA, 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. According to Figure 5 (page 13) in the DCA Guidelines there are no springs within the City of Ocoee or the Orange County-Ocoee JP A Boundary. "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 approved IOO-year floodplain elevation or jurisdictional wetland boundary except where exempted by State Statute or in cases where offsetting on-site environmental mitigation or enhancement of these areas is demonstrated to improve natural functions or to provide low-impact uses or recreational amenities which encourage enjoyment of such areas. (Emphasis added.) According to Table 2, the amount of properties containing karst features within the city limits is 1,175 acres or 14% of the area; within the Joint Planning Area (JPA) the size increases to 1,667 acres or 15%. As shown on in the karst feature maps (see Figures C-4 ORLA_389158.2 6.3 and 6.5), these areas are generally located on lakeshores. Since lakes are an attractive amenity for development, many of these lakeshores are already built upon. The following lakes are built out given that they are surrounded by development: Lake lohio, Spring Lake, Lake Moxie, Peach Lake, Starke Lake, Lake Olympia, Lake Prima Vista, Lake Hackney, and Lake Lotta. The karst features surrounding these lakes carulOt be effectively regulated through the comprehensive plan or land development regulations since the development is already in place. Many additional lakes within the City of Ocoee are surrounded by development that is under review and committed. These lakes are as follows: Lake Sims, Lake Trout, Lake Meadow, Prairie Lake, Lake Addah and Lake Bennet. For development or redevelopment areas within the WSA that have karst features as identified on Figure 6.3: "Karst Features/Closed Topographic Depressions," and subsequently confirmed by site specific analysis, will be required to provide the following buffering setbacks consistent with the definition of Open Space in the following manner: ,."" M!ni,lD-Qni Bu.ff~~~,~~!~~C~;~:!:~: ,"4 . ,,_. ; ~,,' ' " '. \/::,' '. '<":\'~'t {'>,~,,':1">;':~";':'<';':'i;:; ':, :'" - :''',~' . "Feat'ure~ Sinkholes with a direct connection to the aquifer 200 feet, measured from the drainage divide Other Sinkholes 100 feet, measured from the drainage divide Other karst features with a direct connection to the aquifer (swallet or stream to sink) 200 feet, measured from the drainage divide *According to Figure 3 through 6 in the "Guidelines for Preparing Comprehensive Plan Amendments for the Wekiva Study Area" (DCA, March 2005), neither the City of Ocoee nor the Joint Planning Area had any springs or caves that require buffering. . Sellsitive 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. Within the City limits, there are 72 acres of land that contain sensitive natural habitats. This land is located north and west of County Road 439/Clarcona-Ocoee Road and directly east of Forest Lake Golf Course. This property was recently annexed from C-5 ORLA_389158.2 unincorporated Orange County into the City of Ocoee and is the location of the future 'Ocoee Pines' residential subdivision which is, as of the date hereof, currently under reVIew. . Composite of all the required WSA map features As suggested in the DCA Guidelines, the composite map consisting of areas depicted where most effective aquifer recharge, karst features, and sensitive habitats should receive the highest priority for open space protection. There are no areas within the City limits where these three features coincide. There is an insignificant composite area outside the City, but within the IP A Area representing only 0.15 acres or 6,534 square feet. Figure 6.5 of the map series illustrates this area. As specified in Policy 7.3.1 of the Recreation and Open Space Element, the first priority for the provision of open space is in the land areas where all three features coincide; the second priority is where two of the three features coincide; and, the third priority is where one of the three features exists. . Net Land Area that can be Affected by the Wekiva Comprehensive Plan Amendments According to the City's analysis, the total acreage of properties that can be affected by the Wekiva Study Area requirements is shown in Table 3, below. This table mirrors the properties shown in Figures 6.5, 6.6 and 6.7. The City can only affect changes on lands that are vacant and undeveloped and that are located within an area with one or more of the three protected features. After reducing the acreage by all of the below listed criteria (i.e., CRA, City Parks, etc), the net acreage that is subject to the WSA requirements is shown in the last row of Table 3 and illustratively shown on Figure 6.7 of the map series. The gross land area encompassed by Karst Features/Closed Topographic Depressions; Most Effective Recharge Areas/Soil Conservation Service Type A Soils; and Sensitive Natural Habitats can be reduced in the following manner: o CRA: Future Land Use Policy 4.3 provides that this be exempt from the Wekiva Study Area requirements. o City Parks: These existing facilities cannot be altered without reducing the existing park/recreation space. o Development Projects under Review: Projects that are already entitled within the development review process cannot be altered since development has been predicated on the Comprehensive Plan and associated land development regulations that were in place before the adoption of the required WSA regulations. o DR!: see 'Development Projects under Review.' o Public Facilities: These are properties that are owned by a public entity. C-6 ORLA_389158.2 o Developed Property: These are properties that already have been developed and therefore would be exempt from the requirements. o Conservation: If these land uses coincide. Conservation Policy 2.3 does not allow development within this land use classification (see additional information in the "Karst Features/Topographical Depressions" section below.) o Lakes: Generally, most effective recharge will not include uses/features. o Rights-of-way: These areas are encompassed by roadways or planned roadway expansions that have already been approved by the Capital Improvement Plan via the Capital Improvement Element. TABLE 3: MOST EFFECTIVE RECHARGE AREAS CAPTURED BY OTHER LAND USES INSIDE CITY LIMITS 1: INSIDE JOINT PLANNING AREA 2: MAP NAME: ACRES PERCENTAGE 3 ACRES PERCENTAGE 3 Composite Map: A or B 5,891 100% 7,264 100% or C (Gross) MINUS: All the land uses, land features, etc. that fall within following categories CRA4 264 5% 302 4% City Parks4 301 5% 305 4% Development Projects 1,631 28% 1,680 23% Under Review4 DRI4 61 1% 62 1% Public Facilities4 1,179 20% 1,206 17% Developed Lands4 3,567 61 % 4,254 59% Conservation4 709 12% 1,110 15.% Lakes4 339 56% 611 8% Right-of- Way4 773 13% 989 14% Composite Map: A or B 174 3% 611 8% or C (Net) 1 City Limits, in this case, excludes the area not covered by the WSA designation. 2 IPA includes the City limits (see exclusion in Note 1 above) and unincorporated Orange County lands. 3 Percentage is rounded. 4 This area only includes portions that are considered either 'Karst Features/Closed Topo Depressions; Most Effective Recharge Areas/Soil Conservation Service Type A Soils; or, Sensitive Natural Habitats.' As shown in Figure 6.7 and on the last row of Table 3, only 174 acres within the City of Ocoee city limits (or 3 % of the gross acreage of protected feature areas) and 611 acres within the City of Ocoee Joint Planning Area (or 8 % of the gross acreage of protected features) will be affected by the WSA requirements to the Comprehensive Plan. D. DefInition of Open Space As suggested in the DCA Guidelines, "open space" has been redefined in the Comprehensive Plan as follows: C-7 ORLA_389158.2 · Open Space: Land area that remains undeveloped or minimally developed and that is suitable for passive recreation or conservation uses. (Page xiv) Open space excludes waterbodies, lots, street rights of way, parking lots, impervious surfaces and active recreation areas including golf courses. Open space areas may include stormwater management areas that follow Best Management Practices (BMPs) in Objective 4 of the Natural Groundwater/Aquifer Recharge Sub-element of the Comprehensive Plan. Within the Wekiva Study Area but outside of the Community Redevelopment Area (CRA), large scale development or redevelopment of greater than ten (10) acres shall be subject to a minimum twenty percent (20 %) open space requirement. For those parcels inside the Wekiva Study Area boundary that use clustering as a methodology to increase the amount of open space as required under the WSA guidelines, the parcels are allowed to develop under the same density/intensity as indicated by the City of Ocoee Future Land Use map. E. Evaluation of Recommended Land Use Strategies Subsection 369.321(3) of the Wekiva Parkway and Protection Act suggests the following methodologies for the preservation of open space: · Coordinated Rreenway plans The Recreation and Open Space Element and the Ocoee Parks and Open Space Master Plan envision linear parks, urban open space parks and natural 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 and are required at the time of platting. · Land acquisition The procedure of land acquisition is limited since the City cannot afford to purchase land due to limited funds; however, during the development review process the City will attempt to acquire recreation and open space through exactions from developers. The City is acquiring land around large lake systems for passive recreation as part of a City-wide trail system. These lakes include Prairie Lake, Lake Meadow, Lake Sims, Shoal Creek and the shore of Lake Apopka. The City is also utilizing St. John's River Water Management District (SJRWMD) mitigation funds to acquire property within the outfall areas along the northwest ditch to filter water leading into Lake Apopka The City will also support the State's acquisition program under the "Florida Forever Act" C-8 ORLA_389158.2 (programs under this act include Conservation and Recreational Lands (CARL); the Florida Recreational Development Assistance Program (FRDAP) and the Florida Communities Trust (FCT)), and pursue these grants through the City's Parks and Recreation Department. . Cluster development 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. This clustering may be controlled with density caps, PUD zoning, or a restrictive covenant running with the land. Conservation Policy 6.2 provides for clustering in order to protect and conserve natural functions. . Density credits/incentives The City addresses credits/incentives for open space preservation in Recreation & Open Space Policy 8.4. The City intends to encourage developers to utilize these practices to protect remaining sensitive areas. . Low/Very-Low density development Low/Very-Low density development with one dwelling unit per 5 or 10 acres as suggested in the DCA Guidelines (page 18) would encourage sprawl development and run counter to the Policy 1.4, Objective 2 and Policy 2.8 contained in the Future Land Use Element of the City's adopted Comprehensive Plan. This land use strategy is not compatible with the market forces driving the conversion of vacant or under-utilized rural land to urbanized residential subdivisions. The residential component of our current Future Land Use Map is primarily Low Density Residential at less than 4 dwelling units per acre. Imposing the decrease in density would more than likely trigger legal action under the Burt Harris Act. Furthermore, use of this methodology would place fiscal constraints on the City's tax base and adversely affect the ability of the City to adequately fund infrastructure and other City services. F. 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. To protect resources the City will require that large scale developments (greater than 10 acres) be subject to a minimum twenty (20) percent open space requirement. Additionally, lands identified with karst features/closed topographic depressions will have specific buffering setbacks to insure for adequate protection of these features. C-9 ORLA_389158.2 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, but within the IPA 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. C-lO ORLA_389158.2 EXHIBIT "D" (Additions to Future Land Use Element Man Series) [See attached sheets} The following Figures are attached hereto: Figure 6.1: City of Ocoee Location within the Wekiva Study Area Figure 6.2: Most Effective Recharge Areas/Soil Conservation Service Type "A" Soils Figure 6.3: Karst Features/Closed Topographic Depressions Figure 6.4: Sensitive Natural Habitats Figure 6.5: Composite Map of Protected Features Figure 6.6: Other Selected Land Use Features Figure 6.7: Net Land Area that can be Affected by the Wekiva Comprehensive Plan Amendments D-l ORLA_389158.2 o 8 " " Gl u; o o :3 "'0 ., CD ::r- CD :::l en <' CD lJ ID :::l -0 c (jJw c 0 0) C 0 ~ ~ _0 _CD -" 0 !'! ~ 5'- CDc) 0 ~=. CD a. --t, "'~ <" 5" 0 0) CD -0 en (') ~O' "'~ 0 ::: -0 0) ~ CD <<CD 0) '0 CD 0) ~ ~ 0.. S" ~ -0<0 ~o S.O ;::+ CD. 3 ~'O :::r- Ei" CD -. ~::T :J pCD o ~ ..."en .-... .-:: <" ::r OCD 0-0 CD pro G)~ ~ cP 0:3 CD CD =-:::1 ~o. ^ m 3 <" ~CD s::~ m 0). ~O' ~:. (J) N::T .-... 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II c:' l:g'::(il:j )~~.\I\!0~ _I~=J =.- ~~ ~ _ : '. WekivaStudyAreaBoundary ~ l::_~,.,~==:::;)~ C. ':u~~- I - (IFr-mmmr' m~~wJ~ . -JointPlanningArea 17 .'PW~ 1 '. ~$ ____ -il=1.L~1 {':~q~7 - City Limits II ~ 1/.:: ~ _ __ ,: . o~;) - u;.' )R;~\1P, -.. ,-ill, CJ Ou~side of JPA ~ ' ~ ~. .. @LI r-::l\::' ,'" IJZI ~I~ ~ I ~ - , , Lake I Pond . W .: B";::' f!;('(I/7ffr-i= '-11.;;::11.:- _.bL V.' ""III . ,= ~I~' .... West Orange Trail .I.L -~. II ~ - - . " ~y~." / .... -11- -.... ~ R 'I L' .- -::.'J r'=-::-- ==:{] 'c ::.:. =,:::1=_'- J...-., ~ al me - - - {((! 111 r [l.-:-\~ 2(~~~ &.' ~ =~ . 0 ~~~~e~so:~y ~ ~ %%/. -t-1K;.~ ~'.~ =: =i)J r' 0 County Road - "H!.!I/, \ \ \ \lllJ..)." ~ /)7.\\ \ 1111I(1 W/7!Jf~"..._... _~ /'11lllT III l' 'U a c. ii J~"'\G .~ ! -.~\;\~ ~ "trJ/fllf ~ ,t'1JJi " " Gl en ~ NORTH o --II-1W ~ .... _ ""'-l -,: 'jE-.. . -- II ~ E _._,- II II -- -- - -- - LL j1 1 inch = 3000 feet o . 1,500 3,000 . Feet () l ) ;,1 Z~ ,~ -< o -n o o 3 -0 ..., CD ::r CD :J en < CD -0 W :J o o o C1> C1> () o 3 3 c :J ~ o C1> < C1> 0- u 3 C1> :J ...... LAKE APOPKA ~ r;:r o C1> U tll ;:I. 3 C1> :J ...... , ~ ~- "[1' ~ .' { LWII'~'-... ~- , 11 CO C ..., CD en -..J c.... tll =' c: tll -< N o o --.j - I f EXHIBIT "E" (Amendments to Goals, Objectives and Policies of the Sanitarv Sewer Sub-Element) Objective 2.3 The City of Ocoee shall develop a wastewater facility plan meeting the requirements of Section 369.320, F.S. by December 31, 2006 and, if necessary, amend the Sanitary Sewer Sub- element of the Comprehensive Plan to ensure implementation of the wastewater facility plan consistent with the requirements of Section 369.320, F.S. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] Policy 2.3.1 Within six months, or by June, 2007, whichever occurs first after the completion of the wastewater facility plan as required under ss. 369.320(1), F.S., the text and the goals, objectives and policies of the Sanitary Sewer sub-element will be reviewed and if needed modified or amended in order to reflect any changes mandated by the Wekiva Parkway Protection Act. [Wekiva Parkway Protection Act (WPPA): Ch. 369.321(3), F.S.] E-1 ORLA_389158.2 - - l I I EXHIBIT "F" (Amendments to Goals. Obiectives and Policies of the Potable Water Sub-Element) Objective 1.6 The City of Ocoee shall perform an update to the ten-year water supply facility work plan as required under ss. 369.321(4), Florida Statutes. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] Policy 1.6.1 The City will complete the update of the ten-year water supply facility work plan by December 1, 2006. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] Policy 1.6.2 In accordance with the update of the ten-year water supply facility work plan, the adoption of any required comprehensive plan amendments shall be completed by December 1, 2006. [We kiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] F-1 ORLA_389158.2 - - EXHIBIT "G" (Amendments to Goals. Objectives and Policies of the Natural Groundwater AQuifer Recharge Sub-Element) Objective 3 The City of Ocoee shall update the Stormwater Sub-element and the Capital Improvements Element of the Comprehensive Plan to ensure the implementation of the master stormwater management plan under ss. 369.321(2), F.S. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] Policy 3.1 The City shall update the Stormwater Sub-element and the Capital Improvement Element within six months after the completion of the regional storm water management plan as required under ss. 369.319, F.S. Policy 3.2 The goals, objectives and policies of the Stormwater Sub-element and the Capital Improvements Element shall be reviewed and if needed shall be modified or amended to reflect changes based on the regional stormwater management plan. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] Policy 3.3 The amendments shall include an assessment of existing problems and deficiencies together with identification of projects to meet long-range needs; priorities to address existing deficiencies; measures to address redevelopment; schedule for completing needed improvements; evaluation of the feasibility of stormwater resuse; requirements for inspection and maintenance of facilities; and, funding implementation of master stormwater plans and maintenance. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] Objective 4 In order to mInImIZe the contribution of nitrates to groundwater and to foster long-term stewardship of the springs, special design and Best Management Practices shall be instituted for all development within the Wekiva Study Area. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] G-l ORLA_389158.2 - Development shall use joint or shared access to the maximum extent feasible in order to minimize impervious surfaces. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] - I I I I I I I I I I Policy 4.1 Policy 4.2 Non-residential development shall used shared parking to the maximum extent possible in order to minimize impervious surfaces. All parking lots with 100 or more spaces shall be designed with a minimum of twenty (20) percent of the parking spaces in pervious areas. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] Policy 4.3 Design of parking lots, sidewalks, buildings and other impervious surfaces shall minimize connections between impervious surfaces through techniques shown on a site plan such as: a. Directing flows from roof drains to vegetated areas or to rain barrels or cisterns for reuse of water; b. Directing flows from paved areas to vegetated areas; c. Locating impervious surfaces so that they drain to vegetated buffers or natural areas; and d. Breaking up flow directions from large paved surfaces. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] Policy 4.4 Porous pavement materials, pervious concrete and pervious asphalt should be used to minimize the amount of impervious surface within new development and redevelopment. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] Policy 4.5 Drainage for streets and roads shall be through roadside swales and berms where rural patterns of development are utilized. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] Policy 4.6 G-2 Commercial and industrial development shall be designed to minimize site disturbance by limiting clearing to the minimum area necessary to accomplish development in accordance with the following: ORLA_389158.2 - a. A void or minimize the removal of existing trees and vegetation; b. Minimize soil compaction by delineating the smallest disturbance areas feasible; and c. Maximize disconnection of impervious surfaces to reduce water runoff flows and increase opportunities for infiltration. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] G-3 ORLA_389158.2 - EXHIBIT "H" (Amendments to Goals. Objectives and Policies of the Conservation Element) IV. GOALS, OBJECTIVES, AND POLICIES GOAL TO CONSERVE, PROTECT, AND APPROPRIATELY MANAGE THE NATURAL RESOURCES OF THE CITY OF OCOEE TO ENSURE THE HIGHEST ENVIRONMENTAL QUALITY POSSIBLE, CONSISTENT WITH THE APPROPRIATE GROWTH AND DEVELOPMENT OF THE CITY. Objective 1 The City of Ocoee shall continue to meet or exceed the mmImum air quality standards established by the Florida Department of Environmental Protection, by ensuring that new development at least maintain the current standards. This shall be accomplished through the policies which follow (Chapter 187.201, l1(a), and 1l(b)1-5, FS; 9J-5.013(2)(b)1, FAC). Policy 1.1 The City shall cooperate with the State and Orange County in monitoring the existing Air Pollution Inventory System (APIS) facilities. Cooperation shall include, but not be limited to assisting in the location of monitoring facilities, conducting reviews of data with the Florida Department of Environmental Protection (DEP) personnel and reporting suspected emission violations within five (5) days. Policy 1.2 Industrial land uses shall be located where they minimize the impact on current air quality standards. Policy 1.3 The City shall review with DEP emission data for new industries as part of the development review process and when issuing development orders and permits. When DEP recommends design changes and/or mitigation, such information shall be reviewed with the applicant. In addition, all permits for industrial uses shall be sent to DEP for review. Policy 1.4 H-1 The City shall encourage the use of innovative development forms, such as planned unit developments, multi-use centers, and others to reduce the need to travel. Incentives ORLA_389158.2 - - such as density bonuses and transfers of development rights shall be used to encourage these forms. Policy 1.5 As of the effective date of this Comprehensive Plan, open space shall be used to buffer urban land uses from stationary and linear sources of emissions. Objective 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)I-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 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), FAC). Policy 2.2 The City shall ensure the protection of groundwater sources by restricting Commercial and Industrial future land uses known to adversely affect the quality and quantity of identified water sources within wellhead protection areas, existing cones of influence, anakarst features and most effective aquifer recharge areas. In addition, other land use activities such as hazardous waster facilities, fuel storage facilities, and groundwater injection wells known to adversely affect the quality and quantity of groundwater sources will be prohibited within wellhead protection areas, existing cones of influence, anakarst features and most effective aquifer recharge areas (9J-5.006 (3)(c)(6) and 9-J- 5.013 (2)(c)(1), FAC). rWekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.l 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-er~ to provide low-impact uses, conservation uses or recreational amenitiesuses which encourage H-2 ORLA_389158.2 - - enjoyment of such areas. rWekiva 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 10-D-6 FAC to prohibit septic tanks in flood plains, wetlands, areas adjacent to lakes and in areas designated with soils unsuitable for septic tanks. Objective 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 following policies (Chapter 187.201, 8(b)(8); 9J- 5.013(2)(c)(6), FAC; ECFRPC Policies 4.14, 4.15 & 4.16). Policy 3.1 The City shall continue to implement the provisions of the Flood Damage Prevention Ordinance. Policy 3.2 The City shall identify and recommend to the state and the SFWMD and SJRWMD floodplains that would warrant acquisition under the Conservation and Recreation Lands Program. 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. 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. H-3 ORLA_389158.2 - - I Objective 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 wetlands will be created to mitigate any wetland destruction, within the same site or watershed, if possible. 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). Policy 4.3 The City shall continue to utilize standards and guidelines through Land Development Regulations to protect wetlands, including: I I , I I I I ~ I r I 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, requiring two-for-one replacement of area, maintenance of proximal locational 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; H-4 ORLA_389158.2 - - 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. Objective 5 The City shall continue to reduce the rate of soil erosion caused by land development and other human activities, through the implementation of the following policies (Chapter 187.201, 23(b)9, FS; 9J-5.013(2)(b)(3), FAC). Policy 5.1 The City shall review topographic, hydrologic, and vegetative cover factors in the site plan review process of proposed development. Policy 5.2 The City shall assist the U.S. Soil Conservation Service in those activities directed at minimizing soil erosion. Policy 5.3 The land development regulations require all land development to control erosion on the construction site through the following methods: a) Building sediment basins or traps to keep the soil on the site. b) Stabilizing cut and fill slopes with temporary diversions, berms, bench terraces, or dikes to intercept and divert storm runoff. c) Leaving vegetation as long as possible. d) Planting ryegrass or other temporary cover promptly after grading or filling. e) Tying down grass seed with jute, cotton, or paper netting or with straw mulch sprayed lightly with asphalt. t) Using erosion-control plants for steep slopes. g) Reducing runoff velocity with grade stabilization structures, grassed waterways, or energy dissipaters. H-5 h) Controlling dust by sprinkling with water. ORLA_389158.2 - - Objective 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). Policy 6.1 The City shall maintain a comprehensive inventory of ecological communities and shall seek to acquirecontinue to suooort and seek the acquisition of environmentally sensitive land and the most valuable communities through the Florida's Conservation and Recreation Lands (CARL) program or other assistance programs (9J 5.013 (2)(c)9). Forever Act (orog:rams under this act include Conservation and Recreational Lands (CARL); the Florida Recreational Develooment Assistance Prog:ram (FRDAP) and the Florida Communities Trust (FCT)). (9J-5.013 (2)(c) 9). rwekiva Parkway and Protection Act (WPPA): Ch. 369.321(3)(c), F.S.l 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 to, the most effective acquifer recharg:e areas, karst areas, wildlife habitat, lakes, floodplains, wetlands and ecological communities including: Long:leaf Pine, Sand HilL Sand Pine and Xeric Oak Scrub by the following methods (9J 5.013(2)(c)6 & 9, FAC; ECFRPC Policies 1.29 & 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. t) Provide comprehensive mitigation measures where environmental impacts are unavoidable. (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.l H-6 ORLA_389158.2 - - I 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). 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 species.olant and animal soecies. rWekiva 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 desirablesensitive 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 I 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. rWekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.l Policy 6.6 The City shall coordinate with the Florida Department of Environmental Protection and Florida Fish and Wildlife Conservation Commission in developing a public awareness program to inform the public on identifying and understanding ecological communities and special protected species. Policy 6.7 The City shall consult with the Florida Fish and Wildlife Conservation Commission prior to the issuance of a land use approval that would result in an adverse impact to any endangered and rare species. Policy 6.8 The City may protect endangered and rare olant 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). rWekiva Parkway and Protection Act (WPPA): Ch. 369.32H3)(b) & (c), F.S.l H-7 ORLA_389158.2 - - Policy 6.9 The City shall cooperate and coordinate with adjacent local governments to conserve, appropriately use, or protect unique vegetative communities and sensitive natural habitats located within joint jurisdictions (9J-5.013(2)(c)(8), FAC). rwekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] Policy 6.10 The City shall continue to strictly enforce provisions in the Land Development Code designed to. preserve existing trees and to require the planning of new landscaping materials in new developments. Objective 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). Policy 7.1 The City shall maXlffiIze the use of eXIstmg sources and supplies, eliminating unnecessary uses and developing plans for managing water shortage. Such management plans shall include but are not limited to: adoption of a water emergency ordinance consistent with the recommendations of the water management districts, distribution of information on water conservation practices, and review of codes relative to water conservation practices. Policy 7.2 The City shall cooperate with the SJR WMD and SFWMD to conduct water conservation programs. 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 r s northern spray fields 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. H-8 ORLA_389158.2 - - , 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. 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). Objective 8 The City shall continue to promote, through the following policies, the protection of natural reservations (as identified 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, lO(a), lO(b) 1-13, 19(a), 19(b)I-6; 9J-5.013(2)(c)7, FAC). 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). Objective 9 The City shall continue to coordinate with Orange County to develop a hazardous waste management programs for the proper storage, recycling, collection, and disposal of hazardous wastes (Chapter 187.201, 13(a), 13(b)I-11, FS; 9J-5.013(2)(c)(1O), FAC; ECFRPC Policy 2.1). Policy 9. 1 The City shall require small quantity generators to have proper storage containers available for waste, designate temporary storage areas at the workplace, and use licensed waste transporters or recyclers to remove the hazardous materials from the workplace (9J-5.013(2)(c)1O). Policy 9.2 The City shall continue to promote the recycling of hazardous wastes by publicizing lists of approved recyclers. , I I I Policy 9.3 H-9 The City shall maintain a location list of hazardous waste generators to ensure adequate inspection and enforcement capabilities. ORLA_389158.2 - - EXHIBIT "I" (Amendments to Goals. Objectives and Policies of the Recreation and Open Space Element) IX. GOALS, OBJECTIVES, AND POLICIES The following goals, objectives, and policies are provided to give direction for future community decisions regarding parks, recreation, and open space. These goals and objectives were established based on the adopted Recreation and Open Space Element of the Ocoee Comprehensive Plan and the adopted Parks and Open Space Master Plan, September 2001. The following goals, objectives, and policies were evaluated and revised based on input from the City Commission, Recreation Advisory Board, Planning and Zoning Commission, Evaluation and Appraisal Report advisory group, and community meetings. GOAL THE CITY SHALL ENSURE THE ACQUISITION, PROVISION, PROTECTION, AND ENHANCEMENT OF COORDINATED, EFFICIENT, WELL-MAINTAINED, DIVERSE, AND ACCESSIBLE PARK LAND, OPEN SPACE AND RECREATION FACILITIES DESIGNED TO MEET THE NEEDS OF THE CITY'S CURRENT AND FUTURE RESIDENTS OF ALL AGES AND ABILITIES. Objective 1 The City shall provide a comprehensive system of public and private parks and open space facilities that meet the demands of current and future residents. Policy 1.1 The City of Ocoee's adopted level of service shall be 4 acres of parks and open space land per 1,000 residents. Policy 1.2 The City shall actively pursue the acquisition of available land for future park developments in concert with.the standards and priorities established in the Ocoee Parks and Open Space Master Plan, including the adopted level-of-service standard, to create a comprehensive system of public and private site for recreation. In order to best serve the citizens, the following issues shall be considered prior to the purchase of new land: 1) parks shall be located near the center of a service area; 2) parks shall be located near other public facilities; 3) park design shall maximize access and safety; and 4) the compatibility of adjacent land uses shall be evaluated. 1-1 ORLA_389158.2 - - 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 Resource Area,Area Reservation, as defined in the Recreation & Ooen So ace Element, the mitigation will follow the standards set forth in the Conservation Element and the Ocoee Land Development Code. rWekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] Policy 1.4 Existing parks and open spaces should be maintained in a manner which promotes a safe, clean, orderly, and aesthetically-pleasing atmosphere. Policy 1.5 The City should consider the availability of existing recreation facilities and promote the optimum utilization park system and facilities. Objective 2 Parks and open space facilities shall be provided for users of all ages and abilities. Policy 2.1 The City shall offer a variety of recreational activities, in connection with park and open space facilities, by providing for (but not limited to) passive recreation, supervised recreation activities, organized youth and adult sports, and special organized events and festivals. Policy 2.2 The City shall ensure that all park facilities meet the most current Consumer Product Safety Commission park safety guidelines and Americans with Disabilities Act accessibility standards. Policy 2.3 The City shall provide accessible restrooms at all City parks in conformance with the Americans with Disabilities Act accessibility standards. 1-2 ORLA_389158.2 - - Policy 2.4 Parks shall be located near or collocated with public elementary and middle schools, libraries, community centers, and similar public facilities where the needs of such other facilities are compatible. Policy 2.5 Parks and open space areas shall be accessible to the elderly, handicapped, and economically disadvantaged. Policy 2.6 The City should establish a Senior Citizens Center providing activities and services needed and desired by senior citizens. Objective 3 The City shall work with developers and the Ocoee Historical Commission to obtain funding to identify and preserve a network of historical sites. Policy 3.1 The City shall ensure that historic sites are preserved, restored, and held inviolate against diversion to other uses except in instances of overriding public need, such as natural disasters. Policy 3.2 The City shall work in conjunction with the Ocoee Historical Commission and private developers to preserve the historic resources identified in the Future Land Use Element of the Ocoee Comprehensive Plan. Policy 3.3 The City shall preserve Maine Street, a historic brick street that at one time was the major thoroughfare connecting Ocoee to downtown Orlando. Policy 3.4 The City shall establish and maintain a pedestrian sidewalk network connecting the historical sites identified in the Future Land Use Element of the Ocoee Comprehensive Plan. 1-3 ORLA_389158.2 - Objective 4 The City of Ocoee shall create a network of linear parks. Policy 4.1 The City shall create new multi-purpose paved trails to serve the needs of pedestrians, cyclists, skaters, and horseback riders within the City. Policy 4.2 The City shall promote and develop connections to the West Orange Trail from neighborhoods and park and open space facilities. Policy 4.3 The City shall create a system of off-road connections between historic, recreational, and residential areas where possible. 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. Objective 5 The City shall maintain a coordinated system of public parks and open space facilities that are compatible with local private recreation resources. Policy 5.1 The City shall avoid duplication in the prOVISIOn of services and take into consideration the availability of other resources before developing new facilities, including private and County parks and open space facilities. Policy 5.2 The City shall encourage public participation in park and recreation planning, through the continued existence of the Recreation Advisory Board. Policy 5.3 The City, along with local businesses and non-profit organizations, shall coordinate events and festivals with local art, cultural, and historical activities. 1-4 ORLA_389158.2 - Policy 5.4 The City shall create a coordinated and consistent appearance of parks facilities throughout the community. Policy 5.5 The City shall work with private and non-profit organizations to develop plans for a new senior citizens center, cultural arts center, and environmental center. Policy 5.6 The City shall create new ornamental parks at key locations within the City where possible. Policy 5.7 The City shall continue to require that new residential developments provide private recreational facilities, which are available to all residents within the subdivision. Objective 6 The City shall provide improved public access parks. Policy 6.1 The City shall prioritize sidewalk improvements that create or improve pedestrian access / safety as well as those that connect City parks to neighborhoods, schools, institutional uses, and commercial areas. Policy 6.2 The City shall prioritize transportation improvements that create or improve off-road bicycle and pedestrian connections to and from City parks, neighborhoods, schools, institutional uses, and commercial areas. Policy 6.3 The City shall encourage the construction of bike lanes in new roadway construction improvement projects where possible. Policy 6.4 1-5 Handicap parking facilities and bicycle racks shall be provided at all City parks. ORLA_389158.2 - Policy 6.5 The City shall coordinate with other governmental agencies by continuing its membership in the East Central Florida Regional Planning Council, Metropolitan Planning Organization, and the Bicycle and Pedestrian Advisory Committee. Objective 7 Lands designated as Conservation or Open Space/Floodolains, karst features deoicted in the Future Land Use Mao Series, and Ooen Soace as defined in the Parks and Ooen Soace Master Plan adooted Seotember. 2001 shall be protected from encroachment, development, and incompatible uses. rWekiva Parkwav 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. Policy 7.2 The City shall acquire, protect, and maintain natural area reservations and conservation easements to protect open space, wetlands, karst features, sensitive natural habitats, most effective aquifer recharg:e areas, lakes, and natural vegetation from development and incompatible land uses. rWekiva Parkway and Protection Act (WPPA): Ch. 369.321(3)(b), F.S.l Policy 7.3 The City shall adopt incentives to encourage the provision of open space to protect natural resources areas such as most effective aquifer recharg:e areas, karst features and sensitive natural habitats within development projects. rWekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.l Policy 7.3.1 As identified on the Future Land Use Mao series, the first oriority for orovision of ooen soace shall be in land areas where the most effective aquifer recharg:e, karst, and sensitive natural habitats features coincide. The second oriority for the orovision of ooen soace shall be wherever any two of these features coincide. The third oriority will be where one of these features exists. rWekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.l 1-6 ORLA_389158.2 Policy 7.4 Open space in parks shall be maintained to protect and preserve nativekarst features, most effective aquifer recharg:e areas, and sensitive natural habitats, and provide passive recreation opportunities and public access to water bodies. rWekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.l 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. 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. Objective 8 The City shall provide parks and open space facilities in an economically efficient manner. Policy 8.1 The City shall pursue funding assistance for park and open space facilities, including County, State, and Federal assistance programs and grants. Policy 8.2 The City shall preserve, maintain, and enhance existing parks through the use of adequate operating budgets, user fees, and proper management techniques. All techniques used shall be reviewed annually to ensure proper operation. Policy 8.3 The City shall continue to administer the Recreational Parks Facilities Impact Fee to provide for the elimination of future parks and open space deficiencies. 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 1-7 ORLA_389158.2 Parks and Open Space Master Plan, adopted September. 2001. as appropriate. rWekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.l Policy 8.5 The City shall include funds for the acquisition, development, or maintenance of City parks and open space in its Capital Improvements Program. 1-8 ORLA_389158.2 CITY OF OCOEE BLlC HEARING FOR THE COMPREH AMENDMENTS REQUIREO BY THE WEKIVA PARKWAY ON ACT IN ACCOROANCE WITH PART III 369, FLORIDA STATUTES NOTICE IS HEREBY GIVEN, pursuant ta Chapters 163 & 166, L~~ddge~~,1u:~';n~n~oa~bt~ecilig~ iiPEs6~$.' J~~M~ 1~~ ~) AT 1:15 P.M. or as soon thereafter as practical, the CITY COM- I MISSION will hold a PUBLIC HEARING at the City of Ocoee Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to consIder adoption of an Ordinance thereby adopting Comprehensive Plan Amendments relat- I ed to the Wekiva Parkway and. Protection Act. An Ordinanoa of tho Cil'! of 00000, Florida amanding tho 00000 Com- g,ahensi.e Plan as ado plod in 1991, as amended; amending Ihe Camp,e- . e:~:.~ ~~n~M:~.~~~g ~~ ~~3 . . WIt e ~a'eouan Aot u'u,e ~d n.~~ ~:.t~! .ation, and Spaoe; identitying tho.e portion. o' the Cil'! of 00000 looata wit in tho Waki.a Study Araa; providing far .avara6ility; providing for an affaotiva data. The portion of the CIl~ of Ocoee within the Wekiva 'StudY Area (WSA), and subject to the proposed amendments is identified in the map below. The crass-hatched area in the southeastern portion of the City is not within the WSA, and' not subject to the proposed amendments. Copy of Public Hearing Advertisement Date Published 6 r \ an db ~eY\-H Y\e.- t -rnur-~\~ JJanuCl~ It, "2-007 -- " J- ,p & " ,- THE CITY COMMISSION may continue the public hearings to ather dotes and times, as it deems necessary. Any inter- ested party shall be advised of lhe dates, times, and plac- es of any continuation of these or continued public heor- ings shall be onnounced during the hearing and no further ~g notices reg<!rding these molters will be published. m ar 'y- :e. JV is- ., These comprehensive plan amendments and the associat- ed data and analysis may be inspected at the Ocoee Com- 'munity Development Deportment/Planning Division locat- ed at 150 North Lakeshore Drive, Ocoee, Florida between Ihe hours of 8:00 a.m. and 5:00 p.m., Monday through Fri- day, except legal holidays. interested porlies may appear at the either of the above public hearings ond be heard with respect to the proposed actions. You are advised that anY person who desires 10 ,i appeal any decision mode at the public,hearings will need a record of the proceedings and far this purpose may d;' ~e~a~e e~fN[~ 1~glu~e~er~~tl~tr~"a"ri1 g~Jh:vFJ~~~:~gg~ : ,~~ which the appeal is based. 1St Persons with disabilities needing assistance to participate .rd in any of these proceedings should contact the City _ Clerk's Office 48 hours in advance of the meeting at 407- ICE 905-3105. ' . Pk ,79. OLS160295 Beth Eikenberry, City Clerk 1/4107