Submitted By: Emily W. Johnson
Presentation By: Jeff Shrum and Emily W. Johnson
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Introduce Ordinance 2024-11 to adopt the Water Supply Facilities Work Plan; amend the City of Ocala Comprehensive Plan to incorporate the Water Supply Facilities Work Plan by reference; and amend associated goals, objectives, and policies (CPTA23-45291)
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Operational Excellence
PROOF OF PUBLICATION:
Advertised in the Ocala Gazette on December 22, 2023.
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BACKGROUND:
Florida Statutes (F.S.) § 163.3177 subsection 6c(3) establishes requirements for water supply planning and creates statutory links between the regional water supply plans (RWSPs) prepared by water management districts and a local government’s adopted comprehensive plan. The availability of water supplies and public facilities are now part of the required data and analysis for the comprehensive plan. Local governments must develop a Water Supply Facilities Work Plan as part of their comprehensive plan within 18-months of approval of a RWSP by a water management district.
The City of Ocala falls within the St. Johns River Water Management District (SJRWMD) and the Southwest Florida Water Management District (SWFWMD), and is subject to the following RWSPs:
• Central Springs / East Coast RWSP [St. Johns River Water Management District, approved February 8, 2022]
• Northern Planning Region RWSP [Southwest Florida Water Management District, approved November 17, 2020]
The City’s water supply wells are permitted solely through the SJRWMD. The data contained within this report reflects projections from a Water Resource Plan prepared by Kimley-Horn, the Bureau of Economic and Business Research (BEBR), and the Central Springs/East Coast (CSEC) RWSP (February 8, 2022). Population and demand projections for the City of Ocala were not accounted for within the Northern Planning Region (NPR) RWSP (November 17, 2020).
This document has been prepared to coordinate the City’s Water Supply Facilities Work Plan (WSFWP) with the 2022 CSEC RWSP and applies jurisdiction wide. The five-year planning periods are reflected through 2040 to align with the RWSP data; a future amendment to account for data through 2050 and accompany the City’s new long-range vision is anticipated.
As part of the drafting process, staff identified several policies within the Comprehensive Plan that require amendments to properly reflect and implement the Water Supply Facilities Work Plan and the City’s level of service standard. The proposed text amendment was transmitted to the Florida Department of Commerce and other relevant state agencies for review on September 21, 2023. On October 20, 2023, the Department of Commerce provided a letter of no comment in response to the Expedited State Review; no further comments or objections were received from any state agency.
FINDINGS AND CONCLUSIONS: The proposed Water Supply Facilities Work Plan has been prepared and drafted by staff. The amendment is consistent with State statutory requirements, the City’s code of ordinances, and the Comprehensive Plan.
FISCAL IMPACT: The proposed amendment includes an updated 10-year project schedule for the Water Resources Capital Improvement Plan.
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: The ordinance will be reviewed by the City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2024-11
AN ORDINANCE AMENDING THE CITY OF OCALA, FLORIDA, COMPREHENSIVE PLAN PURSUANT TO SECTIONS 163.3161 THROUGH AND INCLUDING 163.3248, FLORIDA STATUTES, CONCERNING THE WATER SUPPLY FACILITIES WORK PLAN (CASE NO. CPTA23-45291); AMENDING THE POTABLE WATER SUB-ELEMENT POLICY 1.1 BY REVISING THE CITY-WIDE LEVEL OF SERVICE STANDARD FOR POTABLE WATER; ADDING A POTABLE WATER SUB-ELEMENT POLICY 1.9 TO ADOPT AND MAINTAIN THE WATER SUPPLY FACILITIES WORK PLAN IN ACCORDANCE WITH STATE STATUTES; ADDING A POTABLE WATER SUB-ELEMENT POLICY 1.10 TO IDENTIFY ALTERNATIVE WATER SUPPLY AND WATER CONSERVATION PROJECTS AS COORDINATED WITH THE REGIONAL WATER SUPPLY PLAN, INCLUDING THE LOWER FLORIDAN AQUIFER CONVERSION PROJECT; AMENDING THE POTABLE WATER SUB-ELEMENT POLICY 3.4 TO SPECIFY IMPLEMENTATION AND ENFORCEMENT OF THE IRRIGATION ORDINANCE; ADDING A POTABLE WATER SUB-ELEMENT POLICY 3.7 TO SPECIFY THE IMPLEMENTATION OF THE CITY’S WATER CONSERVATION PLAN; AMENDING THE POTABLE WATER SUB-ELEMENT POLICY 4.3 BY REVISING THE LANGUAGE REGARDING THE BUDGETED RESERVE FUND FOR ROUTINE SYSTEM RENEWAL AND REPLACEMENT; AMENDING THE CONSERVATION ELEMENT POLICY 1.1 TO SPECIFY MAINTENANCE OF A CITY-WIDE RETENTION POND MAP; AMENDING THE CONSERVATION ELEMENT POLICY 3.2 TO SPECIFY MAINTENANCE OF A MINIMUM RATE FOR WASTEWATER UTILIZATION; AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT OBJECTIVE 3 TO REFER TO ADOPTION AND MAINTENANCE OF THE WATER SUPPLY FACILITIES WORK PLAN, AND CLARIFY STATE AGENCIES; AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT POLICY 3.3 TO CLARIFY STATE AGENCIES; AMENDING THE CAPITAL IMPROVEMENTS ELEMENT POLICIES 1.1 AND 1.1.3 BY REVISING THE CITY-WIDE LEVEL OF SERVICE STANDARD FOR POTABLE WATER, AND ADDING POLICY 1.1.4 RELATING TO THE CITY-WIDE SANITARY SEWER LEVEL OF SERVICE STANDARD; AMENDING CAPITAL IMPROVEMENTS ELEMENT POLICY 2.1 BY ADDING POLICY 2.1.3 RELATING TO THE DEVELOPMENT REVIEW PROCESS; AMENDING EXHIBIT “A” OF THE CAPITAL IMPROVEMENTS ELEMENT (SCHEDULE OF CAPITAL IMPROVEMENTS), BY INCORPORATING AN UPDATED TEN YEAR CAPITAL IMPROVEMENT PLAN FOR WATER RESOURCES; PROVIDING DIRECTION TO STAFF; REPEALING INCONSISTENT AND/OR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY OF ORDINANCE PROVISIONS; PROVIDING FOR MODIFICATIONS ARISING FROM CONSIDERATION AT A PUBLIC HEARING; PROVIDING DIRECTION TO THE CODIFIER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida adopted the Local Government Comprehensive Planning and Land Development Regulation Act of 1985, as contained in Section 163.3161 through and including Section 163.3248, Florida Statutes, which required the City of Ocala, Florida, to prepare and adopt a comprehensive plan in accord with the requirements of the said act; and
WHEREAS, the City of Ocala has prepared a comprehensive plan which meets the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act of 1985; and
WHEREAS, the City of Ocala on October 22, 1991, adopted this plan; and
WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides for the amendment of an adopted plan or element or portion thereof; and
WHEREAS, on October 19, 2010, City Council adopted the Ocala 2035 Vision; and
WHEREAS, one of the strategies of the Ocala 2035 Vision was to initiate Comprehensive Plan Amendments (adopted on January 22, 2013) to be consistent with the Ocala 2035 Vision; and
WHEREAS, Section 163.3177 subsection 6c(3), Florida Statutes, establishes requirements for water supply planning and creates statutory links between the regional water supply plans prepared by water management districts and a local government’s adopted comprehensive plan; and
WHEREAS, the City of Ocala has prepared a water supply plan which meets the requirements of Section 163.3177 subsection 6c(3), Florida Statutes, and coordinated with the regional water supply plans prepared by the St. Johns River Water Management District and the Southwest Florida Water Management District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF OCALA, FLORIDA, in regular session, as follows:
Section 1. As required by the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985 contained in Section 163.3161 through and including Section 163.3248, Florida Statutes, and pursuant to Section 106-38 of the Code of Ordinances, City of Ocala, Florida, the City of Ocala Comprehensive Plan Potable Water Sub-Element is hereby amended by revising policy 1.1 to read as follows:
Policy 1.1: The average level of service standard per equivalent single-family residential unit (ERU)for residential water demands, as defined by the City’s Impact Fee Ordinance, shall be 300 gpd or the equivalent of 167 gcpd.100 gpcd annual average day demand.
Section 2. As required by the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985 contained in Section 163.3161 through and including Section 163.3248, Florida Statutes, and pursuant to Section 106-38 of the Code of Ordinances, City of Ocala, Florida, the City of Ocala Comprehensive Plan Potable Water Sub-Element is hereby amended by adding policy 1.9 to read as follows:
Policy 1.9: The City hereby adopts the 2040 Water Supply Facilities Work Plan prepared by the City’s Growth Management Department (Effective Date XXXXX XX, 2023) to meet existing and projected demands through the planning period of this comprehensive plan. The Work Plan, and related comprehensive plan policies, will be updated as necessary within 18 months of an update to a regional water supply plan that affects the City, in accordance with state statutes.
Section 3. As required by the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985 contained in Section 163.3161 through and including Section 163.3248, Florida Statutes, and pursuant to Section 106-38 of the Code of Ordinances, City of Ocala, Florida, the City of Ocala Comprehensive Plan Potable Water Sub-Element is hereby amended by adding policy 1.10 to read as follows:
Policy 1.10: The City shall continue to coordinate with the water management districts in the research, analysis, and possible implementation of viable alternative water supply and water conservation projects, including the following project(s) as identified in the water management district’s regional water supply plan(s):
(a) Ocala Lower Floridan Aquifer Conversion
Section 4. As required by the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985 contained in Section 163.3161 through and including Section 163.3248, Florida Statutes, and pursuant to Section 106-38 of the Code of Ordinances, City of Ocala, Florida, the City of Ocala Comprehensive Plan Potable Water Sub-Element is hereby amended by revising policy 3.4 to read as follows:
Policy 3.4: The City may adopt an irrigation ordinance based upon the model ordinance from the St. Johns Water Management District shall review and revise its irrigation ordinance regularly for methods to reduce water usage and continue to promote water conservation through implementation and enforcement of the Land Development Regulations.
Section 5. As required by the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985 contained in Section 163.3161 through and including Section 163.3248, Florida Statutes, and pursuant to Section 106-38 of the Code of Ordinances, City of Ocala, Florida, the City of Ocala Comprehensive Plan Potable Water Sub-Element is hereby amended by adding policy 3.7 to read as follows:
Policy 3.7: The City shall continue to implement the Water Conservation Plan associated with its consumptive use permit.
Section 6. As required by the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985 contained in Section 163.3161 through and including Section 163.3248, Florida Statutes, and pursuant to Section 106-38 of the Code of Ordinances, City of Ocala, Florida, the City of Ocala Comprehensive Plan Potable Water Sub-Element is hereby amended by revising policy 4.3 to read as follows:
Policy 4.3: A reserve fund for routine system renewal and replacement shall be budgeted at a level equal to at least 85120 percent of the previous 180 day’s expenditures for these purposes, or at least required by bond covenants, whichever is greater.
Section 7. As required by the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985 contained in Section 163.3161 through and including Section 163.3248, Florida Statutes, and pursuant to Section 106-38 of the Code of Ordinances, City of Ocala, Florida, the City of Ocala Comprehensive Plan Conservation Element is hereby amended by revising policy 1.1 to read as follows:
Policy 1.1: By 2016, the City shall identify The City shall continue to maintain a map of retention ponds for possible use as urban ecological nature preserves, passive parks, constructed wetlands or open spaces.
Section 8. As required by the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985 contained in Section 163.3161 through and including Section 163.3248, Florida Statutes, and pursuant to Section 106-38 of the Code of Ordinances, City of Ocala, Florida, the City of Ocala Comprehensive Plan Conservation Element is hereby amended by revising policy 3.2 to read as follows:
Policy 3.2: The City shall achieve a minimum 95%maintain a 100% utilization of wastewater flows for irrigation and other acceptable uses.
Section 9. As required by the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985 contained in Section 163.3161 through and including Section 163.3248, Florida Statutes, and pursuant to Section 106-38 of the Code of Ordinances, City of Ocala, Florida, the City of Ocala Comprehensive Plan Intergovernmental Coordination Element is hereby amended by revising objective 3 to read as follows:
Objective 3: In order to accomplish the Objectives and Goals of the Potable Water Sub-Element, the City shall collaborate with state agencies to adopt and maintain a Water Supply Facilities Work Plan, and implement water policies consistent with the St. Johns River Water Management District (SJRWMD), the Southwest Florida Water Management District (SWFWMD), and the Florida Department of Environmental Protection (FDEP).
Section 10. As required by the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985 contained in Section 163.3161 through and including Section 163.3248, Florida Statutes, and pursuant to Section 106-38 of the Code of Ordinances, City of Ocala, Florida, the City of Ocala Comprehensive Plan Intergovernmental Coordination Element is hereby amended by revising policy 3.3 to read as follows:
Policy 3.3: The City shall ensure coordination of its Comprehensive Plan with the Comprehensive Plans of Marion County, the State of Florida, and the regional water supply plans of SJRWMD and SWFWMD.
Section 11. As required by the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985 contained in Section 163.3161 through and including Section 163.3248, Florida Statutes, and pursuant to Section 106-38 of the Code of Ordinances, City of Ocala, Florida, the City of Ocala Comprehensive Plan Capital Improvements Element is hereby amended by revising policies 1.1 and 1.1.3 and adding policy 1.1.4 to read as follows:
Policy 1.1: The City hereby adopts the following Level of Service (LOS) standards for public facilities:
1.1.1: Transportation:
All City/County Facilities LOS E
State Facilities (except SIS) LOD D +10%
State Facilities (SIS) LOS C
1.1.2: Parks and recreation facilities:
4.6 developed park acres per 1,000 population for each Regional Park Service Area, as stipulated in Policy 2.1 of the Recreation, Open Space, and Cultural Element and the 2010 Recreation and Parks Master Plan.
1.1.3: Potable water: 300 gpd per ERU or the equivalent of 167 gallons per capita per day (gpcd). Potable water 176gpcd
Sanitary Sewer 95gpcd
1.1.4 Sanitary Sewer: 95 gpcd.
Section 12. As required by the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985 contained in Section 163.3161 through and including Section 163.3248, Florida Statutes, and pursuant to Section 106-38 of the Code of Ordinances, City of Ocala, Florida, the City of Ocala Comprehensive Plan Capital Improvements Element is hereby amended by adding policy 2.1.3 to read as follows:
Policy 2.1.3: The City of Ocala Water Resources Department shall continue to review applications for site development or redevelopment which are anticipated to impact water usage, to determine if adequate potable water supplies exist to serve the projected development and if equipment upgrades are necessary to maintain the adopted level of service.
Section 13. As required by the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985 contained in Section 163.3161 through and including Section 163.3248, Florida Statutes, and pursuant to Section 106-38 of the Code of Ordinances, City of Ocala, Florida, the City of Ocala Comprehensive Plan Exhibit “A” of the Capital Improvements Element (Water Resources Section of the Schedule of Capital Improvements) is hereby amended to read as follows:
FiveTen Year Capital Improvement Plan
WATER RESOURCES
Section 14. Direction to Staff.
The City Council of the City of Ocala, Florida directs staff to take any and all steps necessary to effectuate the adoption and implementation of this ordinance; and all other matters as provided for above and herein as well as to ensure the orderly and effective administration and implementation of the intent of this ordinance and the specific matters outlined herein.
Section 15. Repealing Inconsistent and/or Conflicting Provisions.
The City Council of the City of Ocala, Florida hereby specifically repeals, to the extent of any such conflict, any and all ordinances, resolutions, policies, procedures, and/or other articles which are conflicting and/or inconsistent with this ordinance and the intent and direction provided by the City Council herein.
Section 16. Severability of Ordinance Provisions.
If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, it is the intent of the City Council of the City of Ocala, Florida that (1) such portion shall be deemed a separate, distinct and independent provision; (2) such holding shall not affect the validity of the remaining portions hereof; and (3) this ordinance be adopted as though any such provision was not included herein.
Section 17. Modifications Arising from Consideration at a Public Hearing.
It is the intention of the City Council of the City of Ocala, Florida that (1) the provisions of this ordinance may be modified as a result of its consideration by the City Council of matters that may arise during the public hearing(s) at which this ordinance is considered; and (2) any such modifications shall be incorporated into the final version of this ordinance.
Section 18. Direction to the Codifier.
It is the intention of the City Council of the City of Ocala, Florida that (1) this ordinance shall become and be made a part of the City of Ocala, Florida Comprehensive Plan (2) the sections and paragraphs of this ordinance may be renumbered or relettered in order to accomplish said intention; (3) terms or headings not affecting the intent of this ordinance may be changed to further accomplish said intention; and (4) any scrivener’s error(s) contained herein which do not affect the intent of this ordinance be corrected with the authorization of the City Manager or their designee and without the need for additional public hearings or consideration by the City Council.
Section 19. Effective Date of Ordinance.
This ordinance shall become effective upon approval by the mayor, or upon becoming law without such approval.
Section 20. The effective date of this amendment shall be 31 days after adoption, unless the amendment is challenged pursuant to Section 163.3187(5), F.S. If challenged, the effective date of the amendment shall be the date a final order is issued by the state land planning agency, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency, 107 East Madison Street, MSC 160, Tallahassee, Florida 32399-6545.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Barry Mansfield
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2023.
By: __________________________________
Ben Marciano
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2024-11
Introduced: 12/19/2023
Adopted: Click or tap to enter a date.
Legal Ad No: Click or tap here to enter text.