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City of Kissimmee Conservation Overlay District (CO) Regulations

Jurisdiction: KissimmeeCode Version: August 4, 2020

The City of Kissimmee Conservation Overlay District (CO) requires a comprehensive Conservation Impact Report for any development permit application within its boundaries to protect wetlands, floodplains, and significant wildlife habitats. Key mandates include a prohibited building zone within 150 feet of the centerline of Shingle Creek or Mill Slough, the preservation of a three-foot littoral zone along waterbodies, and strict adherence to state and federal environmental permitting standards.

The Conservation Overlay District is intended to protect the integrity of environmentally sensitive areas within the City of Kissimmee, including surface waters, floodplains, and special wildlife and plant habitats. This protection is achieved by requiring developers to submit detailed technical analyses and mitigation plans before any development is approved [Section 14-4-7.B].

Conservation Impact Report Requirements

Any development permit application for a parcel within the City of Kissimmee Conservation Overlay District must be accompanied by a conservation impact report. This report typically occurs at the site plan, preliminary plat, or conceptual plan stage [Section 14-3-33.A].

Mandatory Report Components

The following table outlines the required documentation for a development application in the Conservation Overlay District:

Component Required Information
Floodplain Mapping Delineation of portions of the parcel in the floodway and 100-year floodplain [Section 14-3-33.A.1].
Wetlands Report Identification of all isolated and connected wetlands on the parcel [Section 14-3-33.A.2].
Land Clearing Report Mapping of native vegetative communities as classified by the Florida Land Cover Classification System (FLCCS) [Section 14-3-33.A.3].
Environmental Summary A summary of environmental values and the proposed protection and mitigation approaches [Section 14-3-33.A.4].

Technical Analysis Specifications

The Wetlands Conservation Impact Report must be prepared by a qualified professional environmental specialist and a licensed engineer. It must include boundaries determined by the Department of Environmental Protection (DEP), South Florida Water Management District (SFWMD), and the U.S. Army Corps of Engineers (ACOE). It must also identify designated species or habitats listed by the Florida Natural Areas Inventory [Section 14-3-33.B].

Review Standards and Performance Criteria

The City of Kissimmee applies specific performance standards to different environmental features within the Conservation Overlay District to ensure ecological preservation.

Class III Waters Standards

Class III waters include Lake Tohopekaliga, Shingle Creek, Mill Slough, the city ditch, and their tributaries. Development adjacent to these waters is subject to the following:

  • Dredging: Prohibited unless approved by the DEP and ACOE [Section 14-3-33.D.1.b.i].
  • Littoral Zone: A three-foot littoral zone must be preserved or provided along all such waterbodies using native indigenous species of vegetation [Section 14-3-33.D.1.b.iii].
  • Grassbeds: Modification is limited to cases of overriding public interest, and any damage during construction must be mitigated [Section 14-3-33.D.1.b.ii].

Specific Setbacks and Buffers

The following table summarizes the spatial requirements for development in the Conservation Overlay District:

Feature Minimum Standard/Setback
Shingle Creek/Mill Slough Centerline 150-foot minimum setback for principal buildings [Section 14-3-33.D.1.b.iv].
Natural Water Body Buffer 6-foot natural buffer between existing water bodies and any agricultural activity [Section 14-10-3.E.3].
Vegetation Height (Vines) 12-inch minimum height at time of planting for visual screening [Section 14-8-23.B.3].

Habitat and Wetland Protection

In the Conservation Overlay District, wetland use is strictly limited to natural open space, passive recreation, and stormwater retention/detention designed with environmentally sensitive methods. All wetlands must be protected from physical or hydrological alteration in conformance with DEP, SFWMD, and ACOE requirements [Section 14-3-33.D.2].

Significant habitats for flora and fauna must be preserved or mitigated. The City of Kissimmee requires that preservation areas be adjacent to existing viable habitats of a similar type to provide a significant wildlife corridor [Section 14-3-33.D.2.d].

Implementation and Permitting

No development permits will be issued within the Conservation Overlay District until:

  1. The City of Kissimmee approves the conservation impact report [Section 14-3-33.E.3.a].
  2. Legal agreements are executed to ensure the implementation of protection techniques [Section 14-3-33.E.3.b].
  3. All applicable state and federal permits (DEP, SFWMD, ACOE) are received by the City [Section 14-3-33.E.3.c].

The City of Kissimmee may charge a reasonable fee for reviewing the adequacy of the wetlands report and for on-site inspections of conservation requirement implementation [Section 14-3-33.F].

Sections Cited

  • Section 14-3-33. - Conservation impact report.
  • Section 14-4-7. - Overlay districts.
  • Section 14-8-23. - Landscaping materials.
  • Section 14-9-4. - Early land preparation and site improvement permits.
  • Section 14-10-3. - Stormwater management.

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