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7950-08 ORDINANCE NO. 7950-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY AS ADOPTED ON MAY 18, 2000 AND AMENDED ON JULY 12, 2001, OCTOBER 7,2004, OCTOBER 20, 2005, DECEMBER 15, 2005, AUGUST 14, 2007, AND FEBRUARY 21, 2008; BY AMENDING THE UTILITY ELEMENT; IN ACCORDANCE WITH SECTIONS 163.3177, 163.3184, 163.3187 OR 163.3189, FLORIDA STATUTES, TO UPDATE THE CITY OF CLEARWATER'S WATER WORK PLAN IN ACCORDANCE WITH THE UPDATED SOUTHWEST FLORIDA WATER DISTRICT'S REGIONAL WATER SUPPLY PLAN; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE; WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Council of the City of Clearwater to plan for the future development and growth of the City, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, the City of Clearwater adopted a Comprehensive Plan on May 18, 2000 by Ordinance Number 6522-00; and WHEREAS, the City Council approved Ordinance Number 6794-01, which amended the Comprehensive Plan of the City on July 12, 2001; and WHEREAS, the City Council approved Ordinance Number 7295-04, which amended the Comprehensive Plan of the City on October 7,2004; and WHEREAS, the City Council approved Ordinance Number 7388-05, which amended the Comprehensive Plan of the City on October 20, 2005 and December 15, 2005; and WHEREAS, the City Council approved Ordinance Number 7782-07, which amended the Comprehensive Plan of the City on August 14, 2007; and WHEREAS, the City Council approved Ordinance Number 7870-07, which amended the Comprehensive Plan of the City on February 21, 2008; and WHEREAS, the City is making these changes to the Comprehensive Plan in accordance with statutory requirements; and WHEREAS, amendments to the Comprehensive Plan of the City have been prepared in accordance with the applicable requirements of law, after conducting the Ordinance No. 7950-08 appropriate planning analysis, and public participation through public hearings, opportunity for written comments, open discussion and the consideration of public and official comments; and WHEREAS, the Community Development Board, serving as the designated Local Planning Agency for the City, has held a public hearing on the proposed amendments and has recommended adoption of the proposed Comprehensive Plan amendments; and WHEREAS, the proposed amendments have been transmitted to the Florida Department of Community Affairs for review and comments, and the objections, recommendations and comments received from the Florida Department of Community Affairs have been considered by the City Council, together with all comments from local regional agencies and other persons, in preparing the final draft of the amendments; and WHEREAS, the City Council finds it necessary, desirable and proper to adopt the amendments to the objectives and policies of the Comprehensive Plan in order to reflect changing conditions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Amendment to the Clearwater Comprehensive Plan attached hereto as Exhibit "A" is hereby adopted. Section 2. Severability. If any section, provISion, clause, phrase, or application of this Ordinance shall be declared unconstitutional or invalid for any reason by a court of competent jurisdiction, the remaining provisions shall be deemed severable therefrom and shall remain in full force and effect. Section 3. This ordinance shall become effective when the Department of Community Affairs (DCA) issues a final order determining the adopted amendment to be in compliance, or the Administration Commission issues a final order determining the adopted amendments to be in compliance, in accordance with Section 163.3177, 163.3184,163.3187 or 163.3189, F.S., as amended. PASSED ON FIRST READING May 15. 2008 2 Ordinance 7950-08 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Si e Assistant City Attorn September 18, 2008 ..- 4~~d(' \8a(1k Hibbard Mayor-Councilmember Attest: 3 Ordinance 7950-08 EXHIBIT A ATTACHMENT TO ORDINANCE 7950-08 AMENDMENT - UTILITY ELEMENT GOALS, OBJECTIVES AND POLICIES Amend Goal 21 of the Utility Element of the Comprehensive Plan, as follows: POTABLE WATER AND NATURAL GROUND WATER AQUIFER RECHARGE 21. GOAL - PROVIDE, DEVELOP, AND MAINTAIN A PERMANENT POTABLE WATER SUPPLY SYSTEM TO MEET ANTICIPATED DEMAND WHILE PROVIDING MAXIMUM PRACTICAL PROTECTION TO THE ENVIRONMENT AT A COST CONSISTENT WITH THE PUBLIC'S ABILITY AND WILLINGNESS TO PAY. 21.1 Objective - To maintain adequate Levels of Service for existing and future populations through the year 2018 20-1-(). ***** 21.2 Objective - Provide adequate quantities and qualities of water service to all customers of the Clearwater service area. Current service level (July, 2007 -1-999) is 40.390 63,430 customer accounts (potable. reclaimed and fire). Policies 21.2.1 Ensure that land development regulations, building codes and City ordinances adequately address water system provisions by performing a thorough evaluation of City codes and by coordinating proposed provisions with the Southwest Florida Water Management District... aM Florida Department of Environmental Protection, Pinellas County, and Tampa Bay Water. 21.2.2 +He EnQineerinQ Public '.'\forks Department shall analyze the condition and adequacy of any water distribution system that the City may inherit through annexation and prepare cost estimates for upgrading those systems to meet City requirements. 21.2.3 When new subdivisions are being developed, it shall be the responsibility of the developer to provide internal potable water and reclaimed water systems which are constructed to City specifications. 4 Ordinance 7950-08 ***** 21.2.5 Continue to gGevelop a system and construct improvements which will conserve energy, water, and other valuable resources. 21.2.6 The City of Cleal'\vater shall continue to participate with and assist Tampa Bay Water, the Southwest Florida Water Management District, Pinellas County Health Department, and the U.S. Environmental Protection Agency in developing innovative techniques to augment existing water supplies to provide for future needs. 21.2.7. Continue to identify, acquire, and develop sources of water supply and methods of water treatment to meet existing and future needs. Some ways this can be accomplished are through well rehabilitation projects and/or exploration and drilling of new wells. Some type of water treatment may be initiated. Additional volumes of water may be acquired from the Pinellas County Water System through Clearwater's intergovernmental water service agreement. The City's lonQ ranQe Water Master Plan updated in 2008 shall serve as the QuidinQ document for water supply and treatment methods. Various recommendations have recently been submitted in a study on long range 'Nator supply and troatmont. 21.2.8. Ensure that water management projects are designed and operated to maintain and enhance natural systems as well as man made systems by working closely with the Southwest Florida Water Management District when proposing new projects and water management programs. The City's lonQ term Water Supply Master Plan outlines a work plan for continued coordination with the Southwest Florida Water ManaQement District's ReQional Water Supply Plan adopted in December 2006. 21.2.9. Water service shall not be extended to properties outside the City's service area unless sufficient capacity and quality of water exists to serve the areas already committed to City service. 21.2.10.Water service shall not be extended except in those areas so designated for City of Clearwater by interlocal or other agreement. 5 Ordinance 7950-08 21.2.11. EncouraQe the development of local and reQional water supplies within the iurisdiction of the Southwest Florida Water Manaqement to avoid transportinQ surface water across other district boundaries. Continue to develop qualified plant operators v:ho moot applicablo standards and certification in order to maximize the efficiency and effectiveness of the treatment process. 21.3 Objective - Continue to maintain the water system in a safe, sound, and efficient manner on a daily basis. Policies 21.3.1 The Public Utilities Department Public \^!orks Administration, Water Division, shall monitor water quality and the operation of the water distribution system with the intent of repairing and replacing deficient portions of the system within the framework of the capitalized budgeting process. ***** 21.4.5 The City shall continue to refine the inverted rate structure for residential water meters, lawn meters and all other water meters permitted by the Water Division of the Public Utilities Department \^Jorks ^dministration. 21.4.6 EncouraQe partnerships amonQ federal. state. local Qovernments. and the private sector that would identify and build needed potable water facilities and allocate such facilities costs amonQ the partners in proportion to the benefits accruinQ to each of them. 21.5 Objective - Continue to g{)evelop a potable water system that is compatible with the environment and seeks to conserve and protect sensitive natural resources. Policies 21.5.1 Except for areas of the City where reclaimed water is available, shallow wells shall be recognized as a source of water for irrigation purposes. Establish a City permit for shallow well installation by the end of 2008. 21.5.2 The City's building code shall be modified to include the requirement for water conserving fixtures in newly constructed or remodeled buildings. ***** 6 Ordinance 7950-08 21.5.5 The City of Clearwater shall maintain its current Water Restriction Ordinance. ***** 21.5.7 Reclaimed water service will continue to be extended to private residences based on the Twenty (20) Year Reclaimed Water Master Plan. 21.5.8 The City will continue to develop strateQies aimed at reducinQ potable water consumption by means such as water conservation rates, conservation codes. operational measures. rebate and plumbinQ retrofit proQrams. landscape and irriQation efficiency proQrams. research and evaluation, and re-use alternatives. 21.5.9 The City will expand. in coordination with other stakeholders. educational proQrams to promote water conservation measures. 21.6 Objective - Continue to !Achieve effective coordination with other government agencies to solve problems of an extraterritorial nature with cooperation and in conjunction with the Southwest Florida Water Management District. ***** 21.6.2 Continue to cooperate with the Southwest Florida Water Management District and Tampa Bay Water in developing environmental and hydrologic data that will identify safe and reliable potable water yields in existing and future well-fields. 21.6.3 Continue to ~Goordinate with appropriate local, State, regional and Federal agencies in implementing the water system plan. ***** 21.6.5 Ensure consistency with the actions defined within the ReQional Water Supply Plan prepared by the Southwest Florida Water ManaQement District. 21.6.6 The City will maintain a Water Supply Facilities Work Plan that is consistent with the Southwest Florida Water ManaQement District's Water Supply Plan by updatinQ the work Plan within 18 months of an update to the District's ReQional Supply Plan that affects the City. 21.7 Objective - Continue to protect all natural recharge areas having functional hydrological characteristics. ***** 7 Ordinance 7950-08 21.7.2 The City of Clearwator shall include incentives in the Community Development Code for the protection of natural groundwater aquifer recharge areas as identified in the Conservation Element of the Clearwater Comprehensive Plan. 21.7.3 The City of Clearv'Iater shall continue to protect groundwater quality by enforcing the Wellhead Protection Ordinance within the area specified on Map D-2. Guidelines and criteria for protection of potable water wellfields include: 1. Issuance of a Permit (a) A wellhead protection permit shall be obtained from the enQineerinQ director for any new business. commercial. industrial or other nonresidential activity on property within the city if any portion of the subiect property is within 1,000 feet of a potable water well. New residential construction on property located within the city should also obtain a permit if any portion of the subiect property is within 100 feet of potable water well. 2. Permit Requirements: (a) Activities within a 1.000-foot radial distance around a potable water supply well shall conform to the requirements of Chapter 62-521. F.A.C.. Wellhead Protection. (b) Activities defined as potentially hiQh risk to Qround water Quality in Chapter 62-555.312. F.A.C. shall not be permitted within 100 feet of an existing potable water supply well. (c) Activities defined as a moderate risk to Qround water Quality in Chapter 62-555.312. F.A.C. shall not be permitted within. 50 feet of an existinQ potable water supply well. (d) If any contaminatinQ material is proposed to be used or stored for any business. commercial, industrial or other nonresidential use within 1.000 feet of a potable water supply well. a protection- containment plan shall be submitted. If any contaminating material is proposed to be used or stored for residential use within 100 feet of a potable water supply well. a protection-containment plan shall be submitted. 8 Ordinance 7950-08 (e) A wellhead protection permit application shall at a minimum include a location map of the potable water well and 1,000 feet surroundinQ the well. plans for the proposed development or expansion/chanQe of an existinQ use (if applicable), the location and identification of existinQ uses in a 1 ,OOO-foot zone for a commercial use application or a 100-foot zone for a residential use application, a listinQ of any contaminatinQ material to be used or stored on the site and a protection-containment plan if necessary. 3. Permit Review (a) In reviewinQ a protection-containment plan submitted by an applicant for a wellhead protection permit. the followinQ factors shall be considered when determininQ the sufficiency of the plan: (1) The amount. character and intended use of the contaminatinQ material involved; (2) StoraQe. conveyance and handlinQ techniques to be employed by the applicant; (3) The extent of any propensity to spill, break. lose or discharQe contaminatinQ material; (4) The type of containment devices to be employed; (5) The extent of employee safety traininQ and practices; and (6) Any other consideration appropriate to the protection of the wellhead. (b) No wellhead protection permit shall be issued unless the protection-containment plan and permit application fully addresses all contamination and safety matters to the satisfaction of the enQineerinQ director. 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