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CPA2012-10002; ORD 8368-13 , . ' . • , Case Number: CPA2012-10002 Ordinance No.: 8368-13 � Agenda item: E-1 Planner: Long Range Manger, Lauren Matzke CDB Meeting Date: November 20, 2012 Case Number: CPA2012-10002 Ordinance No.: 8368-13 Agenda Item: E_l CITY OF CLEARWATER PLANNING & DEVELOPMENT DEPARTMENT STAFF REPORT REQUEST: Clearwater Comprehensive Plan Amendments to the Utilities Element to Update Provisions Related to Potable Water and Natural Ground Water Aquifer Recharge Needs Based on the City of Clearwater's 2012 Potable Water Supply Facilities Master Plan Update, and , Updating Map #D-2 Potable Water Wells and Wellhead Protection Zones. INITIATED BY: City of Clearwater Planning& Development Department BACKGROUND: Florida's Community Planning Act (Chapter 163, Florida Statutes (F.S.)) and Water Resources Act (Chapter 373, F.S.) establish a process for water supply planning to ensure adequate water supplies in the future. The state's water management districts must periodically evaluate whether adequate water supplies exist to meet the needs of their areas. If a district finds that the water supply will not be adequate, it must prepaxe a regional water supply plan, identifying alternative ways in which water supply needs can be met for the next 20 years. The Southwest Florida Water Management District (SWFWMD), the city's regional district, approved its updated Regional Water Supply Plan on July 26, 2011, which includes projected water demands for the region and potential sources of water to meet these demands from 2010 through 2030. Section 163.3177, F.S., requires local governments to update their comprehensive plans, including their 10 year Water Supply Facility Work Plans, to incorporate relevant water supply options, conservation initiatives, and updated service area projections within 18 months after the approval of the regional water supply plan. The consulting firm of Tetra Tech, Inc. was retained by the city to complete the city's 2012 Potable Water Supply Facilities Master Plan Update. This plan was last updated in 2008 following the SWFWMD's update to the regional water supply plan in 2006. The city adopted significant amendments to the Public Utilities Element of the Comprehensive Plan in 2008 to comply with the requirements in Section 163.3177, F.S., and was determined to be in compliance by the Florida Department of Community Affairs (now Department of Economic Opportunity). This amendment updates the Utilities Element by modifying policies related to the Potable Water and Natural Ground Water Aquifer Recharge Needs subsection to include updated information based on the 2012 Potable Water Supply Facilities Master Plan Update. This amendment also Community Development Board—November 20,2012 CPA2012-10002—Page 1 J • � � � updates Map #D-2 Potable Water Wells and Wellhead Protection Zones to reflect the locations of the new wells constructed since the Comprehensive Plan and Map Series was amended in , 2008. ANALYSIS: There are no substantial changes proposed within this amendment, which primarily incorporates updated data from the 2012 Potable Water Supply Facilities Master Plan Update. The amendments adopted in 2008 incorporated the city's 2004 Water Master Plan into the Utility Element and ensured consistency with the requirements in the statutes for this required element; therefore, this amendment involves updating existing policies, previously found to be in compliance with state requirements,based on more current data. Since 2008, the city has increased the number of wellheads operated by the city from 19 to 46, thereby reducing the percent of water supply emanating from Pinellas County from 63 percent to 55 percent. The city's efforts implementing various conservation and consumption measures has led to a reduced water consumption rate of 90 gallons/person/day, down from 100 gallons/person/day in 2008. Total number of customer accounts in the Clearwater service area has increased almost four percent, from 40,390 to 41,973 since 2008. This amendment involves updates to the following sections of the Utilities Element: 1. Introduction to the Utilities Element, Potable Water and Ground Water Aquifer Recharge Needs subsection (pages D-3 and D-4 of the Comprehensive Plan), to include updated � data and references; 2. Objective D.5.2 and its policies (pages D-15 and D-16) to include updated data and references; 3. Policy D.5.5.1 (page D-17)to reflect the adoption of Ordinance 8070-09, which modified the requirements for a wellhead protection permit; and 4. Map D-2 Potable Water Wells and Wellhead Protection Zones to include new well locations. STANDARDS FOR REVIEW: Pursuant to Community Development Code Section 4-603.F., no amendment to the Comprehensive Plan shall be approved unless it complies with the following standards: 1. The amendment will further implementation of the Comprehensive Plan consistent with the goals,policies and objectives contained in the Plan. The proposed amendments to the Clearwater Comprehensive Plan are consistent with existing goals, objectives, and policies in the Plan. The proposed amendments, related to water supply planning comply with statutory requirements and update the city's long range planning policies related to the provisions for the city's water plan. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. Community Development Board—November 20,2012 CPA2012-10002—Page 2 J , 1 � s The proposed amendments are not inconsistent with other provisions of the Comprehensive Plan and bring further consistency between the goals, objectives and policies and the map series. 3. The available uses, if applicable, to which the properry may be put are appropriate to the property in question and compatible with existing and planned uses in the area. This is not applicable to the proposed amendments as they do not relate to a specific property or properties. 4. Suffrcient public facilities are available to serve the property. This is not applicable to the proposed amendments as they do not relate to a specific property or properties; therefore, the adequacy of available public facilities will need to be assessed on a case-by-case basis as development proposals are received. S. The amendment will not adversely affect the natural environment. The proposed amendment includes updates to data and references for other related Plans. The policies contained within the Utilities Element provide consistent and coordinated efforts for the processes and procedures for water management within the axea governed by the Southwest Florida Water Management District(SWFWMD). 6. The amendment will not adversely impact the use of property in the immediate area. This is not applicable to the proposed amendments as they do not relate to a specific property or properties. SUMMARY AND RECOMMENDATION: The purpose of this amendment is to update the Utilities Element, Potable Water and Natural Ground Water Aquifer Recharge Needs subsection, to include updated information based on the 2012 Potable Water Supply Facilities Master Plan Update, as well as other updated data since the Clearwater Comprehensive Plan was amended in 2008, and ensures consistency with the regional water supply plan as required in Section 163.3177, F.S. The proposed amendment is consistent with and will further the goals, objectives and policies of the Clearwater Comprehensive Plan, will not result in inappropriate or incompatible uses, will not adversely affect the natural environment or impact the use of property in the immediate area, and sufficient public facilities exist to implement the proposed amendment. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 8368-12 that amends the Clearwater Comprehensive Plan. Community Development Board—November 20,2012 CPA2012-10002—Page 3 , ' , • . Prepared by Planning and Development Department Staff: �4����`�� � � Lauren Matzke, AICP, g Range Planning Manager ATTACHMENTS: O Ordinance No.8368-13 S:1Planning DepartmentlCOMPREHENSIVE PLAM2012 Comp Plan AmendmentsiCPA2012-10002-Water Supply PIanlStaff ReporllCPA2012- 10002 CDB Slaff Report.doc Community Development Board—November 20,2012 CPA2012-10002—Page 4 � ' � � . ORDINANCE NO. 8368-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY BY AMENDING THE UTILITIES ELEMENT IN ACCORDANCE WITH SECTION 163.3177, FLORIDA STATUTES, TO UPDATE PROVISIONS RELATED TO POTABLE WATER AND NATURAL GROUND lNATER AQUIFER RECHARGE NEEDS BASED ON THE CITY OF CLEARWATER'S 2012 POTABLE WATER SUPPLY FACILITIES MASTER PLAN UPDATE, COMPLETED IN ACCORDANCE WITH THE 2010 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT'S REGIONAL WATER SUPPLY PLAN; BY REPLACING MAP #D-2 WITH AN UPDATED VERSION; 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, Section 163.3177, Florida Statutes, requires coordination of the local comprehensive plan with the water management district's regional water supply plans; and WHEREAS, the City's water supply work plan must be updated every five years within 18 months after the governing board of a water management district approves an updated regional water supply plan; and WHEREAS, on July 26, 2011, the Governing Board for the Southwest Florida Water Management District approved the 2010 Regional Water Supply Plan; and WHEREAS, the City has completed the 2012 Potable Water Supply Facilities Master Plan Update; and WHEREAS, the proposed amendments have been transmitted to the Florida Department of Economic Opportunity (DEO) for review and comments, and the objections, recommendations and comments received from the Florida Department of Economic Opportunity 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, Ordinance No. 8368-13 l • .. � • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the Introduction to the Utilities Element of the Clearwater Comprehensive Plan, pages D-3 and D-4, is hereby amended to read as follows: * * * * * Potable Water and Natural Ground Water Aquifer Recharge Needs • Clearwater has maintained an interlocal agreement with Pinellas County since 1955 with approximately fifty-five percent (55%) c��*., �hroo „or,.on+ �a�o�� of its water supply emanating from the County. The City also maintains a water use permit issued through the Southwest Florida Water Management District (SWFWMD) to pump an average of 14.3 � million gallons daily (MGD) from its fo -six ^�^„n,°�� active wellheads. In 2011��, the actual average pumpage from the City's wells is was approximately 5 MGD. The balance of the City's water demand is met through purchase from Pinellas County. In order to meet the city's future potable water supply needs in a fiscally responsible manner, several alternative actions must be explored and initiated both individually or in combination with other water supply source alternatives. The City's Water Supply Plan - Capital Improvements Implementation Master Plan (Oct 2004) as updated in 2008 and 2012 includes projects based upon cost-benefit analysis that will enable the City to increase its local production of potable water to ten (10) MGD by 2015. • Conservation of potable water supplies is of paramount importance to the City. Clearwater will continue to support Pinellas County and participate in the immediate action to provide for new potable water supplies at a reasonable cost. • Clearwater must continue to utilize and provide efficient use of reclaimed water for irrigation purposes for both public and private use. Furthermore, it must constantly evaluate its approach to the desalination of marine water using reverse osmosis technology to provide a form of potable water backup for periods of drought, and when natural groundwater levels drop to critically low levels. • Clearwater shall continue to explore and participate proportionately in the regional/and or County desalination and/ or reverse osmosis alternative strategies. • The City needs to continue to recognize potable water as a scarce resource and to continue to operate the water utility prudently in implementing both conservation and consumption objectives. The current water consumption rate is approximately ninety (90) gallons/person/day, which includes both the seasonal and permanent population of Clearwater and is inclusive of both City produced water and County purchased water. • The City needs to continue to coordinate with SWFWMD in the study to determine surficial groundwater direction and flow at various depths. 2 Ordinance No. 8368-13 Groundwater data will continue to be needed to determine future well sites and conditions of subsurface transmissivity. This data will be an important tool for management of Clearwater's wellhead operation to determine the City's ability to continue to provide future water supplies. • The City, in conjunction with the City's Water Use Permit, needs to continue to develop an ultimate well field management plan, including well configurations, pumping schedules, water quality monitoring and mitigation plans. This is needed to assure the continued supply of well withdrawal in accordance with the City's water use permit. • The City needs to continue to implement the recommendations from the Alligator Creek study. • The City needs to continue with its public education program to make the public aware of the value of reclaimed water use. Section 2. That Objective D.5.2 of the Clearwater Comprehensive Plan and its policies, pages D-15 and D-16, are hereby amended to read as follows: D.5.2 Objective - Provide adequate quantity and quality of water service to all customers of the Clearwater service area. Current service level (October, 2012 d�-y;�AB�) is 41,973 48�9A customer accounts (potable, reclaimed and fire). Policies D.5.2.1 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, Tampa Bay Water, Pineltas County, and the Florida Department of Environmental Protection. D_5.2.2 Engineering 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. D.5.2.3 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. D.5.2.4 Continue to construct water system improvements which will provide adequate quantity, pressure, and duration of fire flows while meeting system user needs. D.5.2.5 Continue to develop a system and construct improvements which will conserve energy, water, and other valuable resources. D.5.2.6 The City shall continue to participate with and assist the Southwest Florida Water Management District, Tampa Bay Water, 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. 3 Ordinance No. 8368-13 D.5.2.7 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 explaration 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 long range Water Master Plan updated in 2012 �88�-shall serve as the guiding document for water supply and treatment methods. D.5.2.8 Ensure that water management projects are designed and operated to maintain and enhance natural systems as well as manmade systems by working closely with the Southwest Florida Water Management District when proposing new projects and water management programs. The City's long range Water Master Plan outlines a work plan for continued coordination with the Southwest Florida Water Management District's Regional Water Supply Plan adopted in January 2011 . D.5.2.9 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. D.5.2.10 Water services shall not be extended except in those areas so designated for City of Clearwater by interlocal or other agreement. D.5.2.11 Encourage the development of local and regional water supplies within the jurisdiction of the Southwest Florida Water Management to avoid transporting surface water across other district boundaries. Section 3. That Policy D.5.5.1 of the Clearwater Comprehensive Plan, page D-17, is hereby amended to read as follows: * � * * * Policies D.5.5.1 Except for areas of the City where reclaimed water is available, shallow wells shall be recognized as a source of water for irrigation purposes. The Citv shall continue to require �°��„ a City permit for shallow well installation-�e et��-e#�A9�. * * * * * 4 Ordinance No. 8368-13 Section 4. That Map D-2 of the Clearwater Cornprehensive Plan is hereby replaced with the updated map below: , � • � ' 1 -- ..... ... ': Potabie Wat�r Weib �..E,�.� .......... ....................... � and W�IIhQad G,,, : �,��� �; a� P�otection Zones a �.�'••c.,.u., � Map It at , � . 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Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 6. This ordinance shall become effective when the Department of Economic Opportunity 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 163.3184, F.S., as amended. PASSED ON FIRST READING PASSED ON SECOND AND FINAL � READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Attest: Leslie Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk 6 Ordinance No. 8368-13 Resume Lauren Matzke,AICP 100 South Myrtle Avenue Clearwater,FL 33756 727-562-4547 lauren.matzke(�a,mvclearwater.com PROFESSIONAL EXPERIENCE • Long Range Planning Manager December 2011 to present • Planner III,Long Range Division October 2008 to December 2011 • Planner II,Long Range Division September 2008 to October 2008 City of Clearwater, FL Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community Development Codes by Ordinance. Prepare staff reports for the City Council and Community Development Board. Responsible for providing informational assistance to the public and developers concerning development plans. Coordinate and manage various projects. Serve as the city's representative on countywide and regional planning agency committees. • Senior Planner February 2007 to September 2008 City of St. Pete Beach, FL Implemented new legislative directives for Florida's growth management laws related to governments' comprehensive planning and land development regulations. Served as staff to the City Commission, Planning Board and Historic Preservation Board. Administered the land development regulations, processed future land use plan amendments and rezonings. Responsible for the preparation of special area plans. • Environmental Specialist III August 2005 to February 2007 Florida Department of Environmental Protection, Tallahassee, FL Served as primary reviewer of local government comprehensive plan amendments, sector plans and evaluation and appraisal reports for the northwest region of Florida. Provided comments and recommendations to the Florida Department of Community Affairs. Drafted policies and comprehensive plan language regarding natural resource protection, assisting local government representatives. EDUCATION Master's Degree in Urban and Regional Planning, Florida State University,2006 Bachelor of Science in Design and Environmental Analysis,concentration in Gerontology,Cornell University, 1998 LICENSES AND ASSOCIATION MEMBERSHIPS American Institute of Certified Planners(2009 to Present) American Planning Association(2003 to Present) Florida Chapter(2005 to Present) New York Metro Chapter(2003 to 2005) Florida Planning and Zoning Association(2009 to Present)