Interoffice Memorandum
DATE: August 5, 2024
TO: Mayor Jerry L. Demings and County Commissioners
THROUGH: N/A
FROM: Tanya Wilson, AICP, Director, Planning, Environmental, and Development Services Department
CONTACT: Renée H. Parker, LEP, Manager
PHONE: (407) 836-1420
DIVISION: Environmental Protection Division
ACTION REQUESTED:
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Acceptance of the findings and recommendation of the Environmental Protection Division staff and approval of Conservation Area Impact Permit CAI-23-10-047 for Lockheed Martin Corp. District 4 (Environmental Protection Division)
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PROJECT: Lockheed Martin Corp request for Conservation Impact Permit CAI-23-10-047
PURPOSE: The applicant, Lockheed Martin Corp, is requesting a Conservation Area Impact Permit to construct a new testing range. The project site is located at 19040 Cocoa Water Plant Road, Orlando, FL 32834. The Parcel ID No. is 13-24-32-0000-00-001. The subject parcel is located in District 4. A portion of the project is located partially within the Econlockhatchee River Protection Area.
The subject parcel is approximately 4,733 acres in size and contains two existing testing ranges;
Range 1: This is the oldest of the two ranges and is located approximately in the center of the parcel. This range is paved and was constructed sometime between 1981 and 1984 (according to historic aerials), prior the implementation of Chapter 15. Article X - Wetland Conservation Areas and is therefore grandfathered.
Range 2: The second range is situated between Range 1 and the western parcel boundary. This range is cleared, mowed, and maintained, and was created sometime between 2001 and 2003 (according to historic aerials). During review of the subject application, EPD discovered that the second range is not grandfathered and was not permitted. The applicant (who was not the property owner until 2006) is working with EPD (Enforcement Case No. 23-632170) to bring the second range into compliance.
Currently, EPD is reviewing an after-the-fact Conservation Area Determination Application (CAD-24-06-108) with anticipation of the applicant submitting a future after-the-fact Natural Resource Impact Permit Application for the unpermitted range and associated wetland impacts.
Proposed Range: The subject area for the proposed new range is northeast of the first range. There are 44.59 acres of Class I hydric pine flatwoods and cypress systems within the project area. The wetlands range from moderate to high quality; the moderate quality areas have some encroachment by nuisance native vines and vegetation due to fire suppression, while the higher quality areas, which burned one to two years ago, have a more appropriate mixture of native species.
The project is located partially within the Econlockhatchee River Protection Area and is therefore subject to Chapter 15, Article XI, Econlockhatchee River Protection Ordinance. Pursuant to Section 15-442(f), upland buffers averaging 50 feet in width with a minimum of 25 feet in width are required for Class I and II conservation areas. There are 4.16 acres of required upland buffers located on the site.
Proposed Impacts:
Wetlands: The applicant proposes to impact 29.14 acres of Class I wetlands and 2.81 acres of required upland buffer to construct portions of the new range. Of the 29.14 acres of direct impact, 24.92 acres will be cleared, grubbed, and periodically mowed as the main portion of the range, while the remaining 4.22 acres will be cleared and filled for the construction of the berm and access road. The project will also incur 15 acres of secondary impacts to remaining surrounding wetlands. As a measure to prevent future encroachment into the remaining surrounding wetlands, conservation area signage will be placed along the limits of the range, access road, and berm. There is a proposed building and stormwater pond associated with the new range, which were recently authorized under Building Permit No. B23903127. The building and stormwater pond do not require direct or secondary wetland impacts.
Required Upland Buffer Impacts: The applicant proposes to impact 2.81 acres of required upland buffer to construct portions of the project.
Staff Analysis:
EPD staff has evaluated the proposed impacts and site plan with the review criteria in Orange County Code, Chapter 15, Articles X and XI. The project is being reviewed under the prior version of Article X, adopted in 1987, since the application was received in October 2023 when that Code was in effect and the applicant was provided direction for their development plan under that Code. Pursuant to Section 15-362(5), where wetlands serve a significant and productive environmental function, the public health, safety and welfare require that any alteration or development affecting such lands should be so designed and regulated to minimize or eliminate any impact upon the beneficial environmental productivity of such lands, consistent with the development rights of property owners. Additionally, pursuant to Section 15-396(3)(a), the removal, alteration or encroachment within a Class I conservation area shall only be allowed in cases where no other feasible or practical alternatives exist that will permit a reasonable use of the land or where there is an overriding public benefit.
The applicant has stated that a new testing range is necessary for the nature of the work program and must be separate from the existing ranges onsite. The applicant has considered alternate locations and configurations for the new range. However, the final proposed site layout results in the least impact to natural resources and greatest amount of remaining intact wetlands.
The proposed mitigation plan includes the preservation of 321.6 acres (307.6 acres of wetlands and 14 acres of uplands) adjacent to the project site by placing the area into a conservation easement (CE). The applicant will implement a maintenance plan to ensure the mitigation area remains free of nuisance/exotic plant species. CE signage will be posted at each corner and at every trail crossing that intersects with the mitigation area. EPD has determined that the mitigation is appropriate and sufficient to offset adverse impacts to wetlands that will occur as a result of the proposed project.
In accordance with Chapter 15, Article XI, Section 15-442(a), the applicant conducted a survey of the property for the presence of imperiled species. No imperiled species were identified within the project area.
EPD has evaluated the CAI permit application and required documentation and has made a finding that the request is consistent with Orange County Code, Chapter 15, Article X (previous version adopted in 1987), Wetland Conservation Areas Ordinance and Article XI, Econlockhatchee River Protection Ordinance and recommends approval.
BUDGET: N/A