Ordinance 2007-002 Amending the Comprehensive Plan
ORDINANCE NO. 2007-002
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 P ARKW A Y 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 WE KIVA STUDY AREA; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 18, 1991, the City Commission of the City of Ocoee
(the "Ocoee City Commission") adopted the City of Ocoee Comprehensive Plan pursuant to
Chapter 163, Florida Statutes, as set forth in Ordinance No. 91-28, which has been amended
from time to time (the "Ocoee Comprehensive Plan"); and
WHEREAS, the Wekiva Parkway and Protection Act, Part III of Chapter 369,
Florida Statutes (the "Act"), was enacted on June 29, 2004 and authorizes the building of We kiva
Parkway and provides protection to the Wekiva River System; and
WHEREAS, Section 369.321, Florida Statutes, requires those local governments
located in the Wekiva Study Area ("WSA") to adopt certain amendments to their comprehensive
plans to establish land use strategies that optimize open space and promote a pattern of
development that protects certain resources; and
WHEREAS, a portion of the City of Ocoee, as more particularly identified on the
Wekiva Study Area Map attached hereto as Exhibit" A", is located within the WSA; and
WHEREAS, on October 11, 2005, the City of Ocoee Planning and Zoning
Commission, acting as the Local Planning Agency, at an advertised public hearing unanimously
recommended transmittal of this Ordinance to the Florida Department of Community Affairs (the
"Department"); and
WHEREAS, the Ocoee City Commission held advertised public hearings on
November 1, 2005 and 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
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WHEREAS, the Ocoee City Commission desires to adopt this Ordinance as
recommended by the Local Planning Agency with such changes thereto as the City Commission
deems appropriate.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. Authority. The Ocoee City Commission has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Section
163.3191 and Chapter 166, Florida Statutes.
Section 2. 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. Reauirements of the Wekiva Parkwav 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.
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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 Desi!!llee. 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 ofthe remaining portion hereto.
Section 15. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption.
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PASSED AND ADOPTED this ~ day of .... 2~/\l(=)\(
ATTEST:
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TJ~ORM AND
LEGALITY THIS DAY OF
~.li\J (Hi ,2007
FOL~& LARDl!:/t;)
By: IaJ r
City Attorney
ORLA_389158.2
,2007.
APPROVED:
CITY OF OCOEE, FLORIDA
~. -=5" <~ "
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ADVERTISED IO.JD-C~ND -"-4 -0]
READ FIRST TIME November 1, 2005.
READ SECOND TIME AND ADOPTED
~:r:J()U,...()\\..~ \ V' , .~0.07 UNDER
AGENDA ITE NO. \ '1
4
EXHIBIT" A"
(Wekiva Studv 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). Additionallv. 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.l
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
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deemed to prevent nuisance to surrounding properties. rWekiva Parkway and
Protection Act (WPPA): Ch. 369.321(3). F.S.]
Policy 1.2.1
For areas within the Wekiva Study Area. the City shall require applicants for all
land development activities to provide the following additional analyses by a
qualified professional:
a.) An analysis of soils to determine the presence and location of most effective
recharge area as defined by the U. S. Soil Conservation Service Type "A"
Hydrologic Soils GrouP.
b.) An analysis to determine the presence and location of karst features. This
analysis may include. but not limited to the use of geophysical surveys such as
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 analvsis to determine the presence and location of sensitive natural
habitats including Longleaf Pine. Sand Hill. Sand Pine. and Xeric Oak Scrub.
rWekiva 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).
Policv 1. 3. 1
For areas within the Wekiva Studv Area. the City shall limit new land
development activities that have the potential to adversely impact groundwater
and surface water qualitv 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.l
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
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standards that optimize open space and protect most effective recharge areas.
karst features and sensitive natural habitats. rWekiva Parkway and Protection
Act (WPPA): Ch. 369.321(3), F.S.l
Policy 1.4
The City shall allow mixed and multi-uses in the Special Overlay Areas (SOAs)
which include the Downtown Redevelopment Area, Interchange Impact Areas,
and Activity Centers, and shall use strict design criteria to provide an attractive
appearance and to offset negative impacts, sprawling development patterns and
the proliferation of strip commercial development (9J-5.006 (3)(c)(5), FAC).
Policy 1.5
The City shall require that industrial parks develop with internal traffic
circulation and buffering from adjacent roads and properties.
Policy 1.6
The City shall control strip commercial development through access limitations
by restricting commercial land uses to the intersections of arterial and non-
residential collector roads, along designated arterial and collector roads and
within Planned Unit Developments. This shall be accomplished through the land
development regulations (9J-5.006 (3)(c)(5), FAC).
Policy 1. 7
The land development regulations shall promote innovative development in
those cases where a public benefit can be realized and impact can be offset by
the development, as follows:
. Utilize Planned Unit Development zoning to allow for mixed uses and
unconventional development designs in those cases where the developer
can demonstrate increased effectiveness of service delivery. improved
living environments, or protection of natural resources or increased
eff-ectiveness of service delivery such as the Floodplain/Conservation land
use classification and the most effective aquifer recharge areas. karst
features. and sensitive natural habitats as depicted in the Future Land
Use Map series. rWekiva 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).
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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. rWekiva 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)
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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 JP A
Agreement (Intergovernmental Coordination Element).
Policy 1.14
Pursuant to Section 8 of the JPA Agreement, the Ocoee Future Land Use
designations shown on the Future Land Use Map (Figure 2) will not become
effective until such time as annexation occurs. Upon annexation, no Future Land
Use Map Amendment will be required since the proposed uses of land are
consistent with those shown on the JP 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 JP A Agreement and exercise Planning
authority pursuant thereto.
Policy 1.16
Future growth and development patterns in the City and, upon annexation
thereof, the JPA lands will be guided by the JPA Agreement and JPA Land Use
Map.
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 (9J-5.006 (3)(b)(8)&(9), FAC).
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Policy 2.1
The City shall adopt level of service standards in the respective elements of this
Plan that define adequate public services and facilities (for levels of service
standards, please see Policy 1.1 in the Capital Improvements Element of this
Comprehensive Plan).
Policy 2.2
The City shall adopt and annually revise a Capital Improvements Program (CIP)
to schedule the provision of future public services and facilities, including. but
not limited to the financially feasible schedule of needed improvements for the
master stormwater management plan and the wastewater facility plan as required
by Chapter 369.319 and 369.320. F.S.. respectively. The CIP will include the
acquisition of land that will be provided by the City. The Concurrency
Management System shall be utilized to indicate possible infrastructure
deficiencies and identify target areas for improvements. rWekiva 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 JPA Agreement, and the City's Annexation Policy.
For the purpose of this Policy, an annexation shall be considered as a logical
extension if it is within the limits of the 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
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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 infill development within
the municipal boundaries.
. The City shall assure that adequate facilities and services are available to
support the new development as specified in the Concurrency
Management System.
. The land development regulations shall to reflect the policy of
controlling control urban sprawl.
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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.
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Policy 3.4
The City shall develop mixed use zonIng provlSlons 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 requlflng 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 Community Redevelopment Area as identified in Fil.mre 6.6:
"Other Selected Land Use Features" that is located within the Wekiva Study
Area boundaries shall be exempt from the requirements herein based on Chapter
369. F.S. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3).
F.S.l
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.
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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.l
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. rWekiva 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). rWekiva 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 greenbelts natural reservations, as identified in the Land Development Code.
Recreation and Open Space Element. rWekiva Parkway and Protection Act
(WPPA): Ch. 369.321(3). F.S.]
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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-bv-site basis. Specific characteristics and criteria under examination shall
be as identified in the Land Development Code. rWekiva 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 lands~
most effective aquifer recharge areas. karst features. and sensitive natural
habitats on a site-by-site basis as their development proposals are submitted.
The criteria used for the delineation shall a5-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. rWekiva 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 laHdsnatural 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
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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). rWekiva Parkway and Protection Act
(WPPA): Ch. 369.321(3). F.S.l
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,
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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:
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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).
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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, PUD 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.l
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 (0) acres located
outside the Community Redevelopment Area (CRA) but within the Wekiva
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.]
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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.]
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.
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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.
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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 (9J-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.
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EXHIBIT "C"
(Reauirements of the Wekiva Parkwav and Protection Act)
XIII. REQillREMENTS 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 50/Colonial Drive and e,ast 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 JPA Boundary. The JPA-LUM 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 JP A 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 (JP A) within the WSA are shown as
follows:
TABLE 1: CITY LIMITS & JP A ACRES/PERCENT INSIDE THE WEKIV A STUDY AREA
INSIDE THE WSA OUTSIDE THE WSA
AREA ACRES PERCENTAGE ACRES PERCENTAGE
CITY LIMITS 8,649 91 % 852 9%
JPA 1 11,413 90% 1,215 10%
1 IPA includes the City limits and the unincorporated Orange County lands.
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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 (D EP). 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
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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 (JP A) 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.
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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 lOO-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
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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
Johio, Spring Lake, Lake Moxie, Peach Lake, Starke Lake, Lake Olympia, Lake Prima
Vista, Lake Hackney, and Lake Lotta. The karst features surrounding these lakes
cannot be effectively regulated through the comprehensive plan or land development
regulations 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:
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.
. Sensitive Natural Habitats
Historically, the City of Ocoee has been a citrus producing area as evidenced by the old
aerial maps of the City showing large areas in citrus groves. Since the defined sensitive
natural habitats mainly exist in well-drained soils that are also necessary for successful
citrus production, when these groves were "built" much of the native
vegetation/sensitive natural habitats were removed to gain greater production of the
citrus cash crop.
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
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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 JPA 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.
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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 PERCENT AGE 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:
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. 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"
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(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 Map Series)
[See attached sheets I
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
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EXHIBIT "E"
(Amendments to Goals. Obiectives and Policies of the Sanitary 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-l
ORLA_389158.2
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. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3),
F.S.]
F-l
ORLA_389158.2
EXHIBIT "G"
(Amendments to Goals. Objectives and Policies of the Natural Groundwater AQuifer
Rechare:e 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 stormwater 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
Policy 4.1
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.]
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
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:
G-2
ORLA_389158.2
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
EXHIBIT "H"
(Amendments to Goals. Obiectives 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 mInImUm 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 11(b)I-5, FS; 9J-5.013(2)(b)l, 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
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
H-1
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,
andkarst 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,
andkarst 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-ef~ to provide
low-impact uses. conservation uses or recreational alTIenitiesuses 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 1O-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.
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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)l, 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:
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;
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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) Controlling dust by sprinkling with water.
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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 support and seek the acquisition of environmentally sensitive
land and the most valuable communities through the Florida's Conservation and
Recreation Lands (C'\RL) program or other assistance programs (9J 5.013 (2)(c)9).
Forever Act (programs under this act include Conservation and Recreational Lands
(CARL): the Florida Recreational Development Assistance Program (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.]
Policy 6.2
The City's land development regulations include provlSlons for the protection and
conservation of the natural function of existing soils including. but not limited to. the
most effective acquifer recharge areas. karst areas, wildlife habitat, lakes, floodplains,
wetlands and ecological communities including Longleaf Pine. Sand Hill. Sand Pine
and Xeric Oak Scrub by the following methods (9J 5.013(2)(c)6 & 9, FAC; ECFRPC
Policies 4.29 & ~.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) rWekiva
Parkway and Protection Act (WPPA): Ch. 369.321(3)(d). F.S.]
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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.plant and animal species. rWekiva Parkway and Protection Act (WPPA): Ch.
369.321(3). F.S.l
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'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 plant and animal species by use of
conservation easements, transfer of development rights, and fee simple acquisition and
zoning where the protection of habitats cannot be accomplished through design review
and development standards (ECFRPC Policy 4.26). rWekiva Parkway and Protection
Act (WPPA): Ch. 369.321(3)(b) & (c). F.S.]
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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.l
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 maximize the use of existing sources and supplies, eliminating
unnecessary uses and developing plans for managing water shortage. Such management
plans shall include but are not limited to: adoption of a water 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 SJRWMD 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's northern sprayfields and effluent
disposal site, 0.5 mgd must be reused. The City will continue to deliver 0.7 to 0.8 mgd
of treated effluent to the Forest Lake Golf Course.
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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)1-6; 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)(10), 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.
Policy 9.3
The City shall maintain a location list of hazardous waste generators to ensure adequate
inspection and enforcement capabilities.
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EXHIBIT "I"
(Amendments to Goals. Obiectives 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.
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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 & Open Space
Element. the mitigation will follow the standards set forth in the Conservation
Element and the Ocoee Land Development Code. [Wekiva Parkway and Protection
Act (WPPA): Ch. 369.321(3). F.S.l
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.
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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.
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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.
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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
Handicap parking facilities and bicycle racks shall be provided at all City parks.
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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/Floodplains. karst features depicted in the
Future Land Use Map Series. and Open Space as defined in the Parks and Open Space
Master Plan adopted September. 2001 shall be protected from encroachment, development,
and incompatible uses. rWekiva Parkway and Protection Act (WPPA): Ch. 369.321(3),
F.S.]
Policy 7.1
Public access to City parks shall be strategically located to protect and ensure the
integrity of existing natural features.
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 recharge areas. lakes, and natural vegetation
from development and incompatible land uses. rWekiva Parkway and Protection Act
(WPPA): Ch. 369.321(3)(b). F.S.]
Policy 7.3
The City shall adopt incentives to encourage the provision of open space to protect
natural resources areas such as most effective aquifer recharge areas. karst features
and sensitive natural habitats within development projects. [Wekiva Parkway and
Protection Act (WPPA): Ch. 369.321(3). F.S.]
Policy 7.3.1
As identified on the Future Land Use Map series. the first priority for provision of
open space shall be in land areas where the most effective aquifer recharge. karst.
and sensitive natural habitats features coincide. The second Priority for the
provision of open space shall be wherever any two of these features coincide. The
third priority will be where one of these features exists. [Wekiva Parkway and
Protection Act (WPPA): Ch. 369.321(3). F.S.]
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Policy 7.4
Open space in parks shall be maintained to protect and preserve nativekarst features.
most effective aquifer recharge 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
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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.
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