AGENDA MEMORANDUM

MEETING DATE:   October 12, 2009

FROM:                       Bill Wiley, AICP, Community Development Director

SUBJECT:                  Remedial Amendment #2 in Stipulated Settlement Agreement with Florida Department of Community Affairs - Water Supply Amendments Ordinance

Staff Recommendation: 

The Planning staff recommends adoption of Remedial Amendment #2 in the Stipulated Settlement Agreement (SSA) with Florida Department of Community Affairs (DCA), which is an ordinance adopting Water Supply Amendments to the Comprehensive Plan.

Analysis:

Exhibit B to the SSA requires the City to  amend the Comprehensive Plan Goals, Objectives and Policies related to potable water supplies, alternative water sources, reuse water, and water conservation, resulting from the City’s 2009 update of the 10-Year Water Supply Facilities Work Plan.  Adopting these text amendments allows six additional cases from 2006 and 2007 to be found

“in compliance,” thereby avoiding rescission.  These cases are C&C Peat, JK Ventures, Sunnyside Landings, Tally Box, Nobles, and Tropical Investments.

Options:        

1. Approve the Water Supply Amendments to the Comprehensive Plan.

            2.         Other such action as the Commission may deem appropriate.

Fiscal Impact:

None

Submission Date and Time:    10/23/09 3:25 PM____

Department: Community Development Prepared by:  Yvette L. Brandt, AICP Attachments:         Yes__X__   No ______ Advertised:   ____Not Required ______ Dates:   __________________________                      Attorney Review :       Yes_X__  No ____ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head ___BW___ Finance  Dept. __________________                                    Deputy C.M. ______ _________                                          Submitted by: City Manager ___________________

Account No. _________________ Project No. ___________________ WF No. ______________________ Budget  ______________________ Available _____________________

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF LEESBURG, ADDING OR ADOPTING REVISIONS TO THE INTERGOVERNMENTAL COORDINATION, CAPITAL IMPROVEMENTS, FUTURE LAND USE, AQUIFER RECHARGE, POTABLE WATER, SANITARY SEWER AND CONSERVATION ELEMENTS, RELATED TO POTABLE WATER SUPPLIES AND WATER CONSERVATION, ALL IN COMPLIANCE WITH A STIPULATED SETTLEMENT AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Leesburg has entered into a Stipulated Settlement Agreement with the Florida Department of Community Affairs in DOAH Case Nos. 07-4768GM and 08-1414GM, which in part requires the City to amend its Comprehensive Plan goals, objectives and policies related to potable water supplies, alternative water sources, reuse water, and water conservation, resulting from the City’s 2009 update of the 10-Year Water Supply Facilities Work Plan, and

WHEREAS, the City of Leesburg desires to comply with the Stipulated Settlement Agreement and to adopt, for the benefit of the public health, safety and welfare, the Comprehensive Plan amendments required by the Stipulated Settlement Agreement, as part of its overall Comprehensive Plan, and

WHEREAS, the Stipulated Settlement Agreement constitutes a “compliance agreement” as set forth in §163.3184(16), Fla. Stat. (2009), and this Ordinance constitutes a “plan amendment” under that same statute, which requires only a single public adoption hearing pursuant to §163.3184 (15)(b)2. and (15)(e), and

WHEREAS, pursuant to §163.3184, the City has given all public notices required by law and has held all public hearings required as a condition precedent to the consideration and adoption of this Ordinance,

NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:

SECTION I.

The Comprehensive Plan of the City of Leesburg, adopted by the City of Leesburg on September 22, 2003, pursuant to the Local Government Planning and Land Development Regulations Act of 1985, codified as Chapter 163, Part II, Florida statutes, is hereby amended in the following manner (items added are underlined, items deleted or repealed are shown in strikeout:

A. The following policies within the Capital Improvements Element are added or amended as shown:

Policy 1.1.4

The City shall issue no development orders or development permits without first consulting with the City of Leesburg's Utility Department to determine whether adequate water supplies to serve the development will be available no later than the anticipated date of issuance by the City of a certificate of occupancy or equivalent. The City will also ensure that adequate water supplies and facilities are available and in place prior to issuing a certificate of occupancy or its functional equivalent.

Policy 1.7.3

To ensure adequate supply and capacity allocations for all developments, the City may require any development to use developer's agreements and/or develop in more than one phase.

B.         The Intergovernmental Coordination Element of the Comprehensive Plan is hereby amended to add or the following Policies as shown:

Policy 1.1.6

The City of Leesburg shall participate in the development of updates to the St. Johns River Water Management District water supply assessment and regional water supply plan as well as other water supply development-related initiatives facilitated by SJRWMD that affect the City update process.

Policy 1.1.7

The City will continue to actively participate in the Lake County Water Alliance “East Central Florida Water Supply Planning Initiative meetings and other water supply planning programs offered by the 51. Johns River Water Management District.

Policy 1.1.12

The City shall issue no development orders or development permits without first consulting with the City of Leesburg's Utility Department to determine whether adequate water supplies to serve the development will be available no later than the anticipated date of issuance by the City of a certificate of occupancy or equivalent. The City will also ensure that adequate water supplies and facilities are available and in place prior to issuing a certificate of occupancy or its functional equivalent.

Policy l.4.5

The City will prepare a continue to update 10-year Water Facilities Plan in coordination with local governments that identifies potable water supply, infrastructure and facility projects, identify potable water sources, and estimate project costs to serve city utility water supply needs for a 10 year planning period.

Policy 1.4.11

The City shall maintain, revise or establish new agreements for the development of potable water sources and infrastructure as necessary.

Policy 1.4.12

The City shall maintain, revise or establish new agreements for the development of alternative water sources and infrastructure as necessary.

Policy 1.4.13

The City shall continue to participate in the development of the Coquina Coast Desalination Project and update agreements as necessary.

C.         The Future Land Use Element of the Comprehensive Plan is hereby amended to add the following Policy:

Policy 1.12.3

No future land use map amendments or changes shall be approved unless adequate water supplies and associated public facilities are available or will be available to meet projected growth demands.

D.        The following Policies within the Aquifer Recharge Element of the Comprehensive Plan are added or amended as shown:

Policy 1.3.1

The City shall adopt a local Xeriscape Florida Friendly Landscape ordinance prepared with consideration to the model Xeriscape ordinance prepared by the St. John's River Water Management District's "Standards for Landscape Irrigation in Florida" document, which is based on the District's model landscape ordinance and shall promote, through educational programs and publications, the use of Florida friendly landscaping practices, which include low or no water landscaping, native plants, the use of solid waste composts, efficient irrigation systems, and the prohibition of exotic plant species, which will result in the conservation of water.

Policy 1.3.4

The City shall continue to educate residents on the benefits of water conservation and shall expand water  conservation efforts, in accordance with the City's Water Conservation Plan. The City will continue to promote the following programs:

· Landscape and irrigation seminars

· Water audit program

· Irrigation timer assistance

· High water user program

· Website information

· Public Service Announcements

· Landscape demonstration

· Employee Training

· Lake County Water Alliance Initiative

· Requiring the use of EPA Water Sense plumbing fixtures and where applicable, appliances, in new developments

· Require Homeowners Associations Boards in new developments to include a water conservation coordinator.

· Coordination with the SJRWMD's Watershed Action Volunteer (WAY) program to provide water conservation speakers to local schools and community organizations and promote community volunteer activities.

· Display and distribute water conservation information at community functions.

· Participation in education programs with the Lake County Water Authority and University of Florida/IFAS Florida Yards & Neighborhoods

· Work with developers, civic organizations, home owners associations, community clubs, etc. to promote the importance of water conservation

· Informative Billing

· Billing Inserts to promote water conservation

Policy 1.3.5

Where available, tThe City shall require installation of reclaimed water dual line distribution systems in new developments and encourage individual connection to its reclaimed water system for irrigation purposes.

Policy 1.3.6

The City shall evaluate the need for restricted irrigation hours and rain sensor device ordinance that is in compliance with State and local regulations. The City shall also require working automatic rain sensor shut-offs on all automatic irrigation systems.

Policy 1.3.7

To the extent possible, tThe City will continue to expand its reclaimed water system to increase availability of reuse water and to decrease potable water demand, in support of the City's 10-Year Water Facilities Work Plan

E.        The Potable Water Element of the Comprehensive Plan is hereby amended to add or amend the following Goals, Policies and Objectives as shown:

GOAL 1: To plan for and assure an adequate supply of excellent quality potable water to meet the needs of all city residents and non-residential establishments within the City of Leesburg and within the City's service area in the 20-year during the 2020 planning horizon, in accordance with the five-year Capital Improvements Program and consistent with the City's Consumptive Use Permit, 10-Year Water Facilities Work Plan and St. Johns River Water Management District's (SJRWMD's) regional water supply plans.

Policy 1.1.1

The City shall continue to maximize the use of the five potable water treatment facilities connected to the central water system, and ultimately strive to incorporate all private systems into the unified city water system.

Policy 1. 1.7

By January 1, 2005, the The City shall develop and adopt a 10-Year Water Supply Facilities Work Plan that identifies deficiencies of existing facilities and potable water resources, identifies feasible alternate (other) potable water sources, and defines projects and costs needed to provide adequate services to future development consistent with the Future Land Use Element and in accordance with SJRWMD regional water supply plans initiate and maintain a Master Utility Plan, which shall be completed by 2003, and shall be updated every five (5) years thereafter.

The City shall maintain a Water Facilities Work Plan consistent with the City's Consumptive Use Permit and the St. Johns River Water Management District's (SJRWMD's) regional water supply plans for at least a ten- (10) year planning period. The Water Facilities Work Plan (Attachment A) shall be reviewed annually and shall be updated within 18 months of an update to the SJRWMD Water Supply Plan that affects the City or sooner if necessary.

Objective 1.2 Future Potable Water Facilities. Based upon population projections, the City shall ensure the supply and treatment of safe potable water through the 20-year 2020 planning horizon to meet the adopted level of service standards to existing and future development in accordance with the five-year Capital Improvements Program and consistent with the St johns River Water Management District's (SJRWMD's) regional water supply plans, the City's 10-Year Water Facilities Work Plan, Consumptive Use Permit and the City's Future Land Use Element.

Policy 1.2.7

The City shall ensure that the 10-year Water Supply Facilities Work Plan is prepared in accordance with the SJRWMD regional water supply plans and Consumptive Use Permit.

Policy 1.2.8

The City shall identify all additional potable water supply sources, infrastructure and facilities (and associated projects/costs) to provide adequate services to future development consistent with the Future Land Use Element and to  meet water supply demands for a 10-year planning period in the prepared 10-year Water Supply Facilities Work Plan.

Policy 1.2.11

The City shall ensure that the 10-year Water Supply Facilities Work Plan includes service area and water supply demand projections for a 5 year, 10 year, 15 year and 20 year planning periods.

Policy 1.4.1

The City shall maintain a progressive water rate structure to ensure conservation of potable water and to provide an incentive for the use of treated wastewater (reclaimed water) for irrigation purposes.

Policy 1.4.5

The SJRWMD has the exclusive authority to regulate consumptive uses of water under Chapter 373, F.S. The City shall have the authority to ensure for the efficient operation of the reclaimed water system or for the health or safety of the general public or the customer, regarding the following matters:

• The times of day or night during which the reclaimed water may be used by customers.

•     The maximum rate of use of the reclaimed water.

•     The right to inspect reclaimed water devices, facilities, and terminate service to reclaimed water system found to be in violation of any city ordinance, regulation or procedure.

•     The right to impose the requirement that upon being connected to the City's reclaimed water system, any existing wells on the subject property shall not continue to be used for irrigation and shall be disconnected from the irrigation system (unless otherwise approved by the cognizant permitting agency and the city manager).

•     The right to impose the mandatory payment of fees for the installation and usage of reclaimed water systems. Once service is connected, the user shall pay a minimum monthly charge set by resolution of the city commission.

•     The right to temporarily discontinue service to any portion of, or the entire, reclaimed water system as deemed necessary by the city.

Policy 1.4.7

The City shall require the installation of EPA Water Sense certified plumbing devises including ultra-low flow toilets, shower heads and faucets for new construction and within new developments.  The City shall maintain specific requirements for the use of low consumption plumbing devices in the Code of Ordinances, consistent with requirements of the State Water Conservation Act (Chapter 553.14, FS).

F.         The Sanitary Sewer Element of the Comprehensive Plan is hereby amended to add or amend the following Policies:

Policy 1.3.3

When central sanitary sewer is available, septic tanks and package wastewater treatment plants will be disallowed. Discourage development in the service area from utilizing septic tanks and prohibit the use of package wastewater treatment plants.

Policy 1.5.3

The City shall require the installation of dual-lined distribution reclaimed water systems and individually metered connections for all new developments which contain or abut existing or planned reclaimed water routes. Connection of the reclaimed system to the potable water system shall be allowed when reclaimed water is not provided until such time as reclaimed water becomes available.

Policy 1.5.7

The City shall require the conversion to the use of alternative water sources, including reclaimed water, at sites with existing dual-lined systems and on existing groundwater sources for irrigation when alternative sources becomes available.

Policy 1.6.2

The SJRWMD has the exclusive authority to regulate consumptive uses of water under Chapter 373, F.S. The city shall adopt regulations to ensure for the efficient operation of the reclaimed water system or for the health or safety of the general public or the customer, regarding the following matters:

• The times of day or night during which the reclaimed water may be used by customers.

•     The maximum rate of use of the reclaimed water.

•     The right to inspect reclaimed water devices, facilities, and terminate service to reclaimed water system found to be in violation of any city ordinance, regulation or procedure.

•     The right to impose the requirement that upon being connected to the city's reclaimed water system, any existing wells on the subject property shall not continue to be used for irrigation and shall be disconnected from the irrigation system (unless otherwise approved by the cognizant permitting agency and the city manager).

•     The right to impose the mandatory payment of fees for the installation and usage of reclaimed water systems. Once service is connected, the user shall pay a minimum monthly charge set by resolution of the city commission.

•     The right to temporarily discontinue service to any portion of, or the entire, reclaimed water system as deemed necessary by the city.

Policy 1.6.5

The City shall maintain a progressive reclaimed water rate structure to ensure conservation.

G.        The Conservation Element of the Comprehensive Plan is hereby amended to eliminate existing Policy 1.2.10 requiring developments to comply with aquifer recharge regulations promulgated by the SJRWMD, and to add or amend the following policies:

Policy 1.2.7

Prior to development approval, an inspection shall be conducted to properly identify active drainage wells. If any wells are found, the developer shall report the presence of these wells to the city and FDEP and shall be responsible for sealing the drainage wells.

Policy 1.2.10 The City shall require that all new development within the most effective recharge areas comply with aquifer recharge protection regulations administered by SJRWMD.

Policy 1.2.11

The City's Land Development Code shall require the installation of EPA Water Sense water saving plumbing devices including low-flow toilets, showerheads, and faucets for new construction and within new developments.

Policy 1.2.13

The City shall adopt a local Xeriscape Florida Friendly Landscape ordinance, prepared with consideration to the model Xeriscape ordinance prepared by the St. John’s River Water Management District’s “Standards for Landscape Irrigation in Florida” document, which is based on the District’s model landscape ordinance and shall promote, through educational programs and publications, the use of Xeriscape Florida friendly practices, which include low or no water landscaping, the use of solid waste composts, efficient irrigation systems, and the prohibition of exotic plant species, which will result in the conservation of water.

Policy 1.2.27

The SJRWMD has the exclusive authority to regulate consumptive uses of water under Chapter 373, F.S. The city manager adopts regulations to ensure for the efficient operation of the reclaimed water system or for the health or safety of the general public or the customer, regarding the following matters:

Policy 1.2.29

The City shall enforce restricted irrigation hours and rain sensor device requirements in compliance with State and local regulations.

Policy 1.2.30

Through Fiscal Years 2009 – 2011, the City shall evaluate the technical and financial feasibility of capturing stormwater at the Turnpike WWTP sprayfield to offset groundwater withdrawals.

Policy 1.3.1

The wetlands and shorelines within the City shall be protected through cooperation with the SJRWMD and FDEP who have jurisdictional authority for wetland, water quality, and submerged lands development and permitting.

SECTION II.

All ordinances or part of ordinances which are in conflict with this Ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinance, in which case those ordinances so affected shall be hereby repealed in their entirety.

SECTION III.

If any portion of this Ordinance is declared invalid or unenforceable, and to the extent that it is possible to do so without destroying the overall intent and effect of this Ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of the ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.

SECTION IV.

This Ordinance shall become effective upon its passage and adoption according to law.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the  day of , 2009.

                                                                        THE CITY OF LEESBURG, FLORIDA

                                                                        BY:

                                                                                    MAYOR

Attest:

            CITY CLERK

Strike throughs are deletions

Under lines are additions