§ 15-492. Legislative findings.

The board of county commissioners finds as follows:

(1)

The Florida Legislature approved the Wekiva River Protection Act which created F.S. ch. 369, pt. III, and this act requires the county to amend its comprehensive policy plan and land development regulations in accordance with the act.

(2)

The county amended its comprehensive plan in April 1989 (Ordinance No. 89-04), pursuant to the state act and as set forth in the Wekiva River Small Area Study (Orange County Planning Department, 1988).

(3)

The Wekiva River Protection Act mandates that the comprehensive plan shall contain goals, objectives and policies which result in the protection of water quality, quantity and hydrology; wetlands; wildlife; endangered, threatened and species of special concern; and native vegetation.

(4)

The rural character of the area in the immediate vicinity of the Wekiva River must be protected.

(5)

The Wekiva River Protection Act mandates that such goals, objectives and policies address nine (9) implementation strategies including provisions to ensure the preservation of sufficient habitat for endangered, threatened and species of special concern; restrictions on the clearing of native vegetation within the one-hundred-year floodplain; prohibition of development that is not low density residential unless development has less impact than low density residential; provisions for setbacks along the Wekiva River; restrictions on filling and alteration of wetlands; provisions encouraging clustering of residential development; provisions requiring that the density or intensity of development permitted on parcels adjacent to the river be concentrated on the portion of the parcel furthest from the river; provisions requiring that parcels not be subdivided so as to interfere with protection zones or setbacks; and restrictions on the location of septic tanks and drainfields in the one-hundred-year floodplain.

(6)

The Wekiva River has been designated by the state as an outstanding Florida water.

(7)

The Wekiva River forms a unique habitat in the county.

(8)

The Wekiva River represents a major route of surface drainage from portions of Orange, Lake and Seminole Counties.

(9)

Areas adjacent to the Wekiva River are environmentally sensitive.

(10)

Water related resources of the Wekiva River support an abundance of wildlife, and many of the wildlife species are listed by the Florida Game and Freshwater Fish Commission and the U.S. Fish and Wildlife Service as endangered, threatened or of special concern.

(11)

Uncontrolled development in the vicinity of the Wekiva River will have an adverse impact on this natural resource.

(Ord. No. 91-29, § 2(Exh. A), 12-10-91)