City of Kissimmee CO: Conservation Overlay District Regulations
The Conservation Overlay District (CO) in the City of Kissimmee requires a mandatory Conservation Impact Report (CIR) for all development applications to protect wetlands, floodplains, and special wildlife habitats. This overlay modifies base standards by imposing a 150-foot minimum setback for principal buildings from the centerline of Shingle Creek or Mill Slough and requiring the preservation of a three-foot littoral zone along all waterbodies. Development within the City of Kissimmee Conservation Overlay District (CO) must be confined to the minimum area necessary and must demonstrate that it will not have a substantial adverse effect on known archaeological or historical resources.
Purpose and Applicability
The City of Kissimmee established the Conservation Overlay District (CO) to protect the integrity of environmentally sensitive areas, including wetlands, surface waters, floodplains, and special wildlife and plant habitats [Section 14-4-7.B]. This district is an overlay, meaning its requirements apply in addition to the standards of the underlying base zoning district. To achieve its protective goals, the City of Kissimmee requires the preparation and implementation of a professional Conservation Impact Report (CIR) in conjunction with any development proposal submitted for a use permitted in the underlying zoning district [Section 14-4-7.B].
Conservation Impact Report (CIR) Requirements
Any development permit application for a parcel within the City of Kissimmee Conservation Overlay District (CO) must be accompanied by a CIR [Section 14-3-33.A]. This report is typically required at the site plan, preliminary plat, or PUD conceptual plan stage.
The CIR must include the following technical components:
- Mapping: Delineation of floodways, 100-year floodplains, and wetland boundaries as determined by the DEP, SFWMD, and ACOE [Section 14-3-33.B.1].
- Habitat Analysis: Identification of native vegetative communities and designated species or habitats listed as threatened or endangered by the Florida Natural Areas Inventory [Section 14-3-33.B.2].
- Impact Analysis: Written information regarding wetland size, hydrology, and past alterations, as well as an analysis of how the project will affect these resources [Section 14-3-33.B.2].
- Preservation/Mitigation Plan: A plan documenting how habitat needs for significant flora and fauna will be met on-site, or a mitigation plan if no protection is offered [Section 14-3-33.B.2].
Modifications to Base Standards
The City of Kissimmee Conservation Overlay District (CO) modifies the standard requirements of base zoning districts through more restrictive setbacks and specific environmental performance standards.
Modified Setbacks and Buffer Standards
| Feature | Conservation Overlay (CO) Standard |
|---|---|
| Shingle Creek/Mill Slough Setback | No principal building shall be located within 150 feet of the centerline. |
| Littoral Zone | A three-foot littoral zone must be preserved or provided along all waterbodies. |
| Natural Buffer (Agricultural) | A six-foot natural buffer must be preserved or provided between existing water bodies and agricultural activities. |
| Site Improvement Area | Site improvement must be confined to the minimum area necessary to complete development. |
Standards for Class III Waters
For development adjacent to Lake Tohopekaliga, Shingle Creek, Mill Slough, or the city ditch, the City of Kissimmee applies the following standards:
- Dredging: Prohibited unless specifically approved by the DEP and ACOE [Section 14-3-33.D.1.b.i].
- Grassbed Modification: Limited to cases of overriding public interest or where damage is mitigated by techniques that ensure natural regeneration [Section 14-3-33.D.1.b.ii].
- Runoff Control: Project runoff (including nitrogen and phosphorus) must be controlled to prevent increases in water turbidity or the degradation of water quality [Section 14-3-33.D.1.b.ii].
Implementation and Enforcement
The City of Kissimmee may approve a CIR with specific conditions or modifications needed to implement protection techniques [Section 14-3-33.E.1]. Before development permits are issued, the city may require legal agreements to ensure that conservation protection techniques are maintained [Section 14-3-33.E.2].
The City of Kissimmee also reserves the right to charge a reasonable fee for reviewing the adequacy of the CIR and for on-site inspections of approved conservation techniques [Section 14-3-33.F].
Sections Cited
- Section 14-3-33 (Conservation impact report)
- Section 14-4-7 (Overlay districts)
- Section 14-5-11 (Landscape, buffers and screening standards)
- Section 14-9-2 (Wetlands and habitat species preservation)
- Section 14-10-3 (Stormwater management)