Commission Meeting Agenda Item
Ordinance 2021-04 (Second and Final Reading) — An Ordinance of the Town of Lady Lake, Lake County, Florida; Amending the Town of Lady Lake Comprehensive Plan to Maintain Consistency with Statutory Requirements and Changes to Local Conditions in Accordance with the Evaluation and Appraisal Review Process as Outlined by Section 163.3191 of the Florida Statutes
Staff Recommended Motion
Staff recommends approval of the second and final reading of Ordinance 2021-04.
On September 18, 2019, Matthew West, of LTG Engineering and Planning, was awarded a contract to evaluate the Town’s Comprehensive Plan to determine if it is in compliance with the Florida State Statutes. Upon review of the Town’s Comprehensive Plan, the Lassiter Transportation Group determined that amendments were indeed necessary to comply with the Florida Statutes. A table has been provided noting the statutory changes that have been adopted since 2010, the last time that the Town of Lady Lake conducted an Evaluation and Appraisal Report of the Comprehensive Plan.
A letter was submitted to the Department of Economic Opportunity (DEO) on April 28, 2020, notifying them that we will need to make amendments to our plan. DEO received the Town’s letter on May 4, 2020 and responded with a letter indicating that the amendments will be required to be transmitted to the department by June 4, 2021.
On February 1, 2021, the Town Commission authorized LTG to continue their work for the Town and awarded a contract to prepare the necessary amendments to the Comprehensive Plan.
At this time, the amendments have been prepared for review and evaluation by the Town Commission. The Town will need to conduct an evaluation and appraisal of the Comprehensive Plan again in 2027. Given that the current horizon of the Comprehensive Plan is 2030, the Town will have the opportunity to amend the plan prior to the horizon date and establish a new planning period for the Town. In addition, text amendments to the plan can be made at any time prior to 2027.
On April 22, 2021, following the Local Planning Agency meeting and the first reading before the Town Commission, the amendments and supplemental material were transmitted to the Department of Economic Opportunity (DEO) and the required state agencies. On June 1, 2021, DEO responded in a letter stating, “The Department does not identify any objections or comments to the proposed amendment and this letter serves as the Objections, Recommendations and Comments Report.”
At this time, Ordinance 2021-04 is ready for final consideration before the Town Commission.
Source of Funding
At the meeting on April 12, 2021, the Planning and Zoning Board voted 4 to 0 to forward Ordinance 2021-04 to the Town Commission with the recommendation of approval.
The Local Planning Agency recommended approval of Ordinance 2021-04 by a vote of 5 to 0 at their meeting on Monday, April 19, 2021.
At the April 19, 2021 meeting, the Town Commission voted 5 to 0 for approval of Ordinance 2021-04 upon first reading.
Draft Ordinance 2021-04
AN ORDINANCE OF THE TOWN OF LADY LAKE, LAKE COUNTY,FLORIDA; AMENDING THE TOWN OF LADY LAKE COMPREHENSIVE PLAN; PROVIDING FOR A FUTURE LAND USE ELEMENT; PROVIDING A TRANSPORTATION ELEMENT; PROVIDING A HOUSING ELEMENT; PROVIDING A PUBLIC FACILITES ELEMENT; PROVIDING A CONSERVATION ELEMENT; PROVIDING A PARKS, RECREATION AND OPEN SPACE ELEMENT; PROVIDING AN INTERGOVERNMENTAL COORDINATION ELEMENT; PROVIDING A CAPITAL IMPROVEMENTS ELEMENT; PROVIDING AN ECONOMIC ELEMENT; PROVIDING A PUBLIC SCHOOLS FACILITIES ELEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Municipalities are voluntarily created and chartered by their citizens as the embodiment of local self-determination; and
WHEREAS, Section 125.0l(l)(g), Florida Statutes, empowers the Lady Lake Town Commission to prepare and enforce comprehensive plans to plan for and manage the development of the Town and promote the general health, safety, and welfare of its citizens; and
WHEREAS, on December 2, 1991, the Town of Lady Lake adopted a Comprehensive Plan (Ordinance No. 91-21) pursuant to the requirements of Chapter 163, Part II, Florida Statutes and Chapter 9J-5, Florida Administrative Code; and
WHEREAS, on January 23, 1992, the Florida Department of Community Affairs determined that the Town of Lady Lake Comprehensive Plan was in compliance with the requirements of Chapter 163, Part II, Florida Statutes and Chapter 9J-5, Florida Administrative Code; and
WHEREAS, Pursuant to Section 163.3191, Florida Statutes, "each local government shall adopt an evaluation and appraisal report (EAR) once every seven years assessing the progress in implementing the local government's comprehensive plan"; and
WHEREAS, the Town Commission has followed the procedures set forth in Sections 163.3191 and 163 .3184, Florida Statutes in order to adopt Evaluation and Appraisal Report (EAR) based and related amendments to the Comprehensive Plan; and
WHEREAS, the Town Commission and Local Planning Agency has substantially provided for public participation in the Plan amendment process; and
WHEREAS, the Town Commission of the Town of Lady Lake, Florida, further considered all oral and written comments received during said public hearing; and
WHEREAS, the Town Commission hereby finds that the Plan, as amended by this ordinance, is internally consistent with and compliant with the provisions of State law, including, but not limited to, Part II, Chapter 163, Florida Statutes, and the State Comprehensive Plan, and the Strategic Regional Policy Plan of the East Central Florida Regional Planning Council; and
WHEREAS, on April 12, 2021, the Planning and Zoning Commission of the Town of Lady Lake reviewed the proposed amendments to the Comprehensive Plan which is attached hereto as Exhibit "A" and recommended to the Town Commission of the Town of Lady Lake that said amendment be adopted; and be it ordained and enacted by the Town Commission of the Town of Lady Lake, in Lake County, Florida.
Section 1. Legislative Findings. The above recitals are true and correct and such findings are a material part of this ordinance.
Section 2. Purpose and Intent. This ordinance is enacted to adopt the EAR-based amendments to the Town of Lady Lake Comprehensive Plan, which several amendments shall collectively comprise the Lady Lake 2030 Comprehensive Plan.
Section 3. Repeal. All ordinances or part of ordinances which are in conflict with this ordinance are hereby repealed.
Section 4. Severability. If any section, sentence, clause, phrase or word of this ordinance is for any reason held, or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this ordinance; and it shall be construed to have been the Town Commission's intent to pass this ordinance without such unconstitutional, invalid or inoperative part therein; and the remainder of this ordinance, after the exclusion of such part or parts, shall be deemed and held to be valid, as if such parts had not been included herein; or if this ordinance or any provisions thereof shall be held inapplicable to any person, groups of persons, property, kind of property, circumstances or set of circumstances, such holding shall not affect the applicability thereof to any other person, property or circumstances.
Section 5. Effective Date. The effective date of this plan amendment, if the amendment is not timely challenged, shall be the date the State Land Planning Agency posts a notice of intent determining that this amendment is in compliance. If timely challenged, or if the State Land Planning Agency issues a notice of intent determining that this amendment is not in compliance, this amendment shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. 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.
PASSED AND ORDAINED this ___ day of ___________, 2021 in the regular session of the Town Commission of the Town of Lady Lake, Lake County, Florida, upon Second and Final Reading.
Town of Lady Lake, Florida
Ruth Kussard, Mayor
Nancy Slaton, Interim Town Clerk
Approved as to form:
Derek Schroth, Town Attorney
PROPOSED TEXT AMENDMENTS TO THE TOWN OF LADY LAKE
2030 COMPREHENSIVE PLAN
Note: Proposed changes within this document are displayed as follows:
[begin add]new, added text[end add]
[begin delete]deleted text[end delete]
I. FUTURE LAND USE ELEMENT
OBJECTIVE FLU 1-1: The Town of Lady Lake will pursue a vision for future growth and development that both preserves and enhances the quality and value of the Town’s neighborhoods, business districts and areas of rural character. This vision is based upon a solid foundation for future planning which is reflected in the Town’s adopted 2030 Future Land Use Map, Concurrency Management System, Capital Improvements Program and which:
1.) Provides a usable infrastructure support system;
2.) Protects neighborhood character and effectively limits incompatible land-uses;
3.) Prohibits urban sprawl;
4.) Maintains a partnership with Lake County for future planning through the implementation of [begin delete] a Joint Planning Agreement/Area (JPA)[end delete][begin add]an Interlocal Service Boundary Agreement (ISBA)[end add] [begin delete]The Town and County are contemplating an Interlocal Service Boundary Agreement (ISBA) to replace the Joint Planning Agreement. In the meantime, the JPA will be temporarily extended while the ISBA (Chapter 171, Part II, F.S.) is negotiated and considered.[end delete]; and
5.) Establishes areas within the Town of Lady Lake and the [begin add]ISBA[end add][begin delete] JPA[end delete]that require special long-term planning to support GOAL FLU 1.
Policy FLU 1-2.7: [begin delete]By December 31, 2012 [end delete][begin add]Prior to the 2027 Evaluation and Appraisal of the 2030 Comprehensive Plan[end add], the Town of Lady Lake shall designate environmentally sensitive areas within the Town’s [begin add]ISBA[end add][begin delete] JPA[end delete].
Policy FLU 1-5.4: When adopting revised Land Development Regulations [begin delete]by June 2012[end delete], the Town of Lady Lake shall consider within the provisions the following exemptions to Policy FLU 1-5.3 based on the following criteria:
Policy FLU 1-5.4: 5.: Nonresidential land uses which are determined to be exempt in consultation with the SJRWMD and/or the Town's engineer. Special exemptions may also be issued subject to the written verification by a qualified Florida professional engineer or Florida certified hydrogeologist that the proposed use or activity will not result in adverse impacts to the protected wellfield potable water supply. Public Supply Well shall be defined as a community or noncommunity system for the provision to the public of piped water provided that such system has at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days of the year. Regulated Substances shall include but not limited to the following:
[begin delete]Chapter 38F-41, Florida Administrative Code; [end delete][Re-letter subsequent subsections of FLU 1-5.4 5)]
- A) Title 40 of the Code of Federal Regulations Part 261 (Identification and listing of Hazardous Wastes);
- B) Title 40 of the Code of Federal Regulations Part 302.4 (List of Hazardous Substances and reportable Quantities);
- C) Title 40 of the Code of Federal Regulations Part 355, Appendix A and B (List of extremely Hazardous Substances); and
- D) Title 49 Code of Federal Regulations parts 172.101 and 172.102.
Policy FLU 1-9.3: Coordination with Lake County to Reduce Urban Sprawl. The Town of Lady Lake shall coordinate with Lake County to promote a regional development concept through participation in the County's development review process. Such participation shall include written requests of the County to be informed of County development applications and to participate in the County's Technical Review Committee for projects within the Town's [begin add]ISBA[end add][begin delete] JPA[end delete].
[begin delete]OBJECTIVE FLU 2-2: County Road 466/Rolling Acres Road Special Area Plan. By June, 2012 the Town of Lady Lake shall adopt a Special Area Plan (SAP) for the County Road 466/Rolling Acres Road Area, establishing an identity for the area, promoting quality, planned growth that creates a pedestrian friendly community, and implementing design standards for designated corridors that include architectural, landscaping/buffering, fencing and lighting. The intended Future Land Use Category for parcels annexed into the Town greater than or equal to five (5) acres shall be MDD-TND. The general boundaries of this SAP shall be designated on the 2030 Future Land Use Map and Map 7-1.
Policy FLU 2-2.1: The Town of Lady Lake shall support beautification of the major transportation corridors within the County Road 466/Rolling Acres Road SAP that serve as gateways and “windows” to the Town of Lady Lake through implementing a Corridor Future Land Use designation. The Town of Lady Lake will establish this designation by June, 2012 and direct the implementation of corridor design standards.
Policy FLU 2-2.2: The Town of Lady Lake shall adopt a special zoning overlay to implement OBJECTIVE FLU 2-2.
Policy FLU 2-2.3: The Special Area Plan shall include strategies to aid in the reduction of greenhouse gas emissions, to provide for alternative mobility strategies, and to enhance energy conservation through building design and land use designations.
Policy FLU 2.2.4: The Town shall consider including location requirements in its Land Development Regulations to encourage development to occur within the SAP consistent with the availability of municipal water and sewer service.[end delete]
OBJECTIVE FLU 2-3: Downtown Lady Lake Special Area Plan.[begin delete] By June, 2012[end delete][begin add]Prior to the 2027 Evaluation and Appraisal of the 2030 Comprehensive Plan[end add], the Town of Lady Lake shall adopt a Special Area Plan (SAP) for the Downtown Lady Lake Area, establishing an identity for the area, promoting quality, planned growth that creates a pedestrian friendly community, strengthening the potential mix of uses to enable live/work situations, and implementing design standards that include architectural, landscaping/buffering, fencing and lighting. The intended land use is a mix of commercial and residential development that enhances and/or builds character in the existing downtown core of Lady Lake. The SAP should encourage protection and/or restoration of historic resources. This SAP shall be designated a Multi-Modal Transportation District (MMTD) [begin delete]by June, 2012[end delete][begin add]prior to the 2027 Evaluation and Appraisal of the 2030 Comprehensive Plan[end add], where priority is given to planning methodologies that ensure a safe, comfortable, and attractive pedestrian environment. The general boundaries of this SAP shall be designated on the Future Land Use Map and Map 7-1.
[begin delete]Policy FLU 2-3.4: Beginning in 2011 and annually thereafter, the Town shall consider designating the Downtown Lady Lake Special Area as a Community Redevelopment Area.[end delete]
II. TRANSPORTATION ELEMENT
Policy TE 1-1.1: Minimum Level of Service Standards. The Town of Lady Lake hereby adopts the following level of service (peak hour) standards for the below listed roadway classifications.
|Road Classification||Peak Hour Minimum Level of Service (*)|
U. S. 27/441
None at present
Lake Griffin Road
Rolling Acres Road
|Local Roadways: All public roadways not classified as collectors or arterials.||D|
(*) Levels of service shall be predicated on the Annual Average Peak Hour as determined by the MPO.
Policy TE 1-8.6: The City shall consider adopting a level of service of pedestrian facilities [begin delete]by June 2012[end delete][begin add]prior to the 2027 Evaluation and Appraisal of the 2030 Comprehensive Plan[end add]. Such level of service may be based upon the presence of pedestrian path/sidewalks within ¼ mile of transit stops, within ¼ mile of mixed development/redevelopment in energy conservation areas and connecting abutting neighborhoods to transit stops and mixed use area. Need shall be identified during development review of projects that generate new transit trips. Improvement projects to address gaps shall be identified as part of Capital Improvements programming evaluation and during development review for new and redeveloping projects.
III. HOUSING ELEMENT
Policy HSG 1-1.6: [begin delete]By December 31, 2012,[end delete][begin add]Prior to the 2027 Evaluation and Appraisal of the 2030 Comprehensive Plan</mark?[end add], the Town’s Land development regulations shall be amended to incorporate additional provisions for energy conservation, “green town” concepts and encourage and/or mandate new or existing developments to acquire Leadership in Energy and Environmental Design (LEED) and/or Florida Green Building Coalition (FGBC) certifications.
Policy HSG 1-3.1: Reduction of Fees. [begin add]Prior to the 2027 Evaluation and Appraisal of the 2030 Comprehensive Plan[end add][begin delete]by June 2012[end delete], the Town shall amend the Land Development Regulations to include provisions for reducing review fees for projects constructing affordable housing.
OBJECTIVE HSG 1-6: IDENTIFICATION AND CONSERVATION OF HISTORICALLY SIGNIFICANT HOUSING. The Town, [begin delete]by June 2012[end delete][begin add] prior to the 2027 Evaluation and Appraisal of the 2030 Comprehensive Plan[end add), will identify and update historically significant housing and promote conservation and restoration of such structures.
Policy HSG 1.7.4: Housing Conditions Survey. [begin delete]By June 2012[end delete][begin add]Prior to the 2027 Evaluation and Appraisal of the 2030 Comprehensive Plan[end add], the Town shall prepare a housing condition study. Through the results of this study, an evaluation [begin delete] has been[end delete]will be made of the following issues:
1.) Public facility improvement needs for each neighborhood;
2.) Areas, if any, containing concentrations of substandard housing; and
3.) Areas containing concentrations of very low, low, and moderate income households.
Policy HSG 1-9.4: Update Housing and Population Characteristics of the Town. The Town will update housing and population information within the Comprehensive Plan within two years after the completion and distribution of the [begin delete]2010[end delete][begin add]2020[end add] U.S. Census of Housing and Population.
IV. PUBLIC FACILITIES ELEMENT
Policy PUB 2-1.3: The Town of Lady Lake shall enact an ordinance [begin add]prior to the 2027 Evaluation and Appraisal of the 2030 Comprehensive Plan[end add][begin delete]by 2013[end delete] that requires annual inspection of all stormwater management systems by a Town official or designee who is a registered professional engineer, or State certified, stormwater inspector.
Policy PUB 2-1.4: The Town of Lady Lake shall enact an [begin add]prior to the 2027 Evaluation and Appraisal of the 2030 Comprehensive Plan[end add][begin delete]by 2013[end delete] that authorizes fees for services provided by Town staff such as reviewing stormwater management system plans, issuing operating permits, inspections of stormwater management systems and compliance and enforcement activities.
Policy PUB 4-3.2: The Town of Lady Lake shall continue to cooperate with State and Federal agencies in enforcing regulations pertaining to the protection of the surficial and Floridan aquifers from regulated materials and wastes, [begin delete] including those materials governed and/or equal, but receiving special exemption under, the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and/or other[end delete][begin add]in accordance with[end add] Federal, State and Local codes requiring the management of materials that may be harmful or dangerous to the environment.
TOWN OF LADY LAKE WATER SUPPLY WORK PLAN 2030
The Town of Lady Lake proposes to continue the ongoing partnership with the St. John’s Water Management District (SJRWMD) to identify policies and technical solutions to promote water conservation and minimize groundwater withdrawal through the 2030 planning horizon. The Town shall continue to utilize the many management practices already in place to regulate water consumption and seek to adopt measures going forward to ensure sustainability for future generations. Adequate water supply will be ensured through the following guiding principles that are supported by goals, objectives, and policies in the Town’s comprehensive plan. The Town’s projected water demand and supply is indicated below in Table I.
1. The Town of Lady Lake shall continue water resource conservation practices through the enforcement of landscaping requirements which limit irrigation demands.
a. The Town of Lady Lake shall continue to enforce and evaluate its “Florida Friendly” landscape regulations which, at a minimum, sets standards for the use of native and drought tolerant species, removal of exotics, vegetative clearing, and efficient irrigation to maximize conservation of water resources. (Reference: Conservation Element Policy - CON 1-2.12)
b. Consistent with policies established by the East Central Florida Regional Planning Council to reduce water consumption related to irrigation, the Town incorporated provisions within the Land Development Regulations which recommends new development to utilize a minimum of fifty percent of total cumulative landscape plant material used to meet the criteria of native or drought resistant vegetation. (Reference: Conservation Element Policy - Policy CON 1-5.4.5)
2. The Town of Lady Lake shall continue to evaluate system performance to ensure proper function and recognize maintenance and repair needs so that they may be rectified in a timely manner.
a. The Town shall annually (by April of each year) evaluate the performance of its water distribution system to determine if excessive leakage may occur as a result of deterioration to water lines. The Town shall schedule repairs to any identified damage or deficiency in the distribution system based on the extent of damage, urgency to correct the problem, and availability of funds necessary to rectify the lines. Any improvement qualifying as a capital improvement and not deemed to represent an emergency shall be included within the Capital Improvement Program (Reference: Conservation Element Policy - CON 1-5.4.4.)
|SUMMARY OF POTABLE AND REUSE WATER PROJECTIONS|
|Master Plan Water Demand||SJRWMD CUP Allocation||Master Plan Reuse Availability||SJRWMD CUP Reuse Availability||Surplus/Deficiency|
Note: An estimated 150,000 to 200,000 gallons per day of reuse could be available from the VCSA WWTP. When factored into the figures in Table I above, the 150,000 GPD would be more than sufficient to compensate for the 98,000 short-fall represented in year 2030.
Note: CUP expires in 2020. For planning purposes, it is assumed the Town will be able to maintain 2020 allocation through 2030.
Note: Total water demand and reuse projections are best available data from the 2009 Water System Master Plan.
Note: The water demand projections do not reflect additional water conservation efforts; therefore, the demand projections may be less than indicated above.
b. The Town adopted guidelines within this Comprehensive Plan and within the Land Development Regulations requiring the utilization of water saving plumbing fixtures compliant with the State Water Conservation Act in all new construction or renovations (Reference: Conservation Element Policy - CON 1-5.4.3)
c. The Town of Lady Lake shall require the use of low-flow plumbing devices and fixtures in new construction and renovations in accordance with the Florida Standard Building Code. (Reference: Public Facilities Element Policy - PUB 4-1.1)
3. The Town of Lady Lake shall continue to expand the reclaimed water network through prohibiting the use of potable water for irrigation, in areas where reclaimed water is available.
a. The Town shall require development to use non-potable water for irrigation use where such non-potable water sources are available (Reference: Conservation Element Policy- CON 1-5.4.2)
b. The Town has included provisions within the Land Development Regulations which require all new development to connect to the Town's water system per the Water and Wastewater Connection Matrix for new development. (Reference: Public Facilities Element - Policy PUB 1-12.1)
4. Continue evaluation and development of alternative water supplies and/or augmentation sources.
a. The Town of Lady Lake shall work with the St. Johns River Water Management District, LCWA, USGS, FDEP, and interested parties to evaluate its long range water conservation plan as part of the water supply planning process, including participation in working groups and advisory groups on supply planning, minimum flows and levels, and other aspects of the process, including facilitation of input from stakeholder groups (Reference: Conservation Element Policy - CON 1-2.1)
b. The Town shall participate in developing regional approaches and measures in cooperation with other municipal governments, the Lake County Water Authority, and State agencies necessary to protect and restore ground water and springs through intergovernmental coordination element of the Comprehensive Plan.( Reference: Public Facilities Element - Policy PUB 5-1.41)
5. The Town of Lady Lake shall continue to implement water supply concurrency measures to ensure that adequate water supply is available for existing and committed development prior to approval of any development order.
a. The Town's Concurrency Management System assures that the Town shall issue no development orders or development permits without first consulting with the appropriate water supplier to determine whether adequate water supplies to serve the development will be available no later than the anticipated date of issuance by the Town of a certificate of occupancy or its functional equivalent. The Town 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 (Reference: Public Facilities Element - Policy PUB 1-12.2)
b. The Town of Lady Lake shall continue to implement a Concurrency Management System to provide a monitoring mechanism for the levels of service of potable water facilities and services provided to the Town (Reference: Public Facilities Element - Policy PUB 1-10.6)
c. The Town of Lady Lake shall utilize Interlocal Service Boundary Agreements and Interlocal Utility Service agreements to establish cooperative partnerships with Lake County and private utility providers when merited to ensure adequate provision of water supply and reuse availability for the 2030 planning horizon (Reference: Public Facilities Element – Policy 1-12.4).
6. The Town of Lady Lake shall continue to encourage the use of alternative water withdrawal resources in an effort to minimize groundwater impacts.
a. The Town of Lady Lake, through its Reclaimed Water Program shall encourage reuse of stormwater on a site by site basis for development over a size threshold to be determined by a jurisdiction-wide basis to minimize pumping of groundwater for non-potable usage.(Reference: Public Facilities Element - Policy PUB 4-1.5)
b. Incentives to utilize on-site retention of rain and storm water for active and passive irrigation. (Reference: Public Facilities Element - Policy PUB 4-2.5.2)
c. The Town has established development controls within the Land Development Regulations which require applicants of new development to preserve or conserve environmentally sensitive lands, including aquifer high recharge areas, located at the proposed site. Development shall assume all costs to provide any necessary public facilities or development activity required to preserve environmentally sensitive lands at the site of development (Reference: Capital Improvements Element - Policy 1-4.1(G)).
7. Continue to ensure that existing and future wells are protected from contamination.
a. The Town has incorporated within the Land Development Regulations provisions that prohibit the [certain] activities/land uses within wellfield protection zones. (Reference: Future Land Use Element – Policy FLU 1-5.3)
b. Public Wellfield Siting shall be based upon the adopted Wellhead Protection Ordinance (Reference: Public Facilities Element Policy - PUB 4-3.1)
8. Continue the implementation of water conservation education initiatives.
a. The Town of Lady Lake shall continue its partnership with Seminole County and the St. John’s River Water Management District to fund Water Conservation Public Service Messages to Central Florida residents.
b. The Town of Lady Lake shall continue to enforce watering restriction requirements of the SJRWMD through those powers as provided in Ordinance No. 2009-03.
c. The Town shall continue its partnership with the SJRWMD to promote water conservation practices though display of written literature and other materials in Lady Lake Town Hall on a continual basis throughout the year (formerly recognized as the LakeWatch Program).
9. The Town of Lady Lake shall remain current with respect to St. John’s Water Management District Water Supply planning initiatives and adopted District Water Supply Plan policies.
a. The Town will maintain a WSFWP that is coordinated with SJRWMD’s District Water Supply Plan by updating the work plan and related comp plan policies within 18 months of an update to SJRWMD’s District Water Supply Plan that affects the Town. (Reference: Intergovernmental Coordination Element Policy – ICE 1-11.)
b. The Town will participate in the development of updates to SJRWMD’s water supply assessment and District Water Supply Plan and other water supply development-related initiatives facilitated by SJRWMD that affect the Town. (Reference: Intergovernmental Coordination Element Policy – ICE 1-11.)
10. The Town shall ensure that Future Land Use Map amendments are found to be consistent with the availability of adequate water supply to serve the proposed change and associated impacts.
a. The proposed amendment shall be required to demonstrate the existence of adequate water supplies by those seeking a future land use change in addition applicants shall demonstrate that adequate water facilities are or will be available to meet projected growth demands associated with the proposed amendment. (Reference: Capital Improvements Plan Policy - 1-3.1 (B)(7)).
WATER SUPPLY PROJECTS
As concluded in Section VI, Capital Improvement Plan, of the Water System Master Plan Supply Town of the Town of Lady Lake [July 2009], the following improvements are required to meet the Town's near-term and long-term needs while also providing the necessary flexibility to meet future scenarios. Projects 1, 2, 3 and 5 are included in the Town’s current Capital Improvement Plan, adopted by comprehensive plan amendment 11-CIE1 (01/19/11).
1. Project: Construction of Well NO.4 at WTP No.3
Estimated Cost: $640,000
Required By: [begin delete]2013[end delete][begin add]2027[end add]
Firm Capacity after installation: 3.348 MGD
Expansion Sufficient through: 2030±
2. Project : Construction of High Service Pump No.4 at WTP No.3
Estimated Cost: $100,000
Required By: [begin delete]2012/2013[end delete][begin add]2027[end add]Firm Capacity after installation: 3.348 MGD
Expansion Sufficient through: 2022±
3. Project: Construction of GST No.2 at WTP No.3
Estimated Cost: $695,000
Required By: [begin delete]2013/2014[end delete][begin add]2027[end add]
Firm Capacity after installation: 3.60 MGD
Expansion Sufficient through: 2035±
[begin delete]4. St. John’s River Surface Water Withdrawal Project – Near Deland In the District Water Supply Plan 2005, Technical Publication SJ2006-2, the Alternative Water Supply Regional Project was identified as the St. John’s River Surface Water Withdrawal Project (Near Deland). The Town shall continue to monitor the progress of development of the project and associated studies. If the project is deemed viable, the Town shall contribute to the project as a regional partner, and it shall be incorporated into the Town’s Capital Improvement Plan.
5. Lady Lake & VCCDD VCSA Reuse Interconnect Project
The proposed project involves construction of a reuse pumping station at the VCSA site to allow for delivery of excess reuse from VCSA to Lady Lake and construction of a bypass line to allow for delivery of excess reuse from Lady Lake to VCSA. The pump station would have the capacity to operate as a primary source for the Lady Lake reclaimed wastewater system to directly serve its reuse customers. In addition, facilities would be constructed at the Lady Lake WWTP site to allow for filling of the reclaimed wastewater storage tank during non-demand periods. Based on rough calculations, an estimated 150,000 to 200,000 gallons per day of reuse could be available from the VCSA WWTP. [end delete]
Policy CON 1-3.4: Regulation of Hazardous Wastes in Protected Aquifer Recharge Areas and in an Area Most Vulnerable to Contamination. The Town shall prohibit the disposal of hazardous wastes in all areas of the Town and oppose such development within the [begin add]ISBA[end add][begin delete] JPA[end delete]. Small quantity generator (<1000 kg per month) businesses that use regulated materials or generate waste shall be regulated so as to ensure that proper handling and disposal practices are adhered to. The location of new businesses that use regulated materials or generate hazardous waste shall be restricted within protected aquifer recharge areas and in an Area Most Vulnerable to Contamination. Large quantity generators (>1000 kg per month) may be prohibited in protected aquifer recharge areas and in an Area Most Vulnerable to Contamination.
OBJECTIVE CON 1-4: The Town of Lady Lake shall continue to evaluate and identify sources of surface water pollution and ecological degradation within the Town’s [begin add]ISBA[end add][begin delete] JPA[end delete]boundary and coordinate the development and implementation of pollution abatement methods and programs with the County, State, and Federal agencies.
Policy CON 1-7.2: Federal and State Agencies in the Maintenance of Fish Populations. The Town shall coordinate with the Federal and State environmental and wildlife preservation agencies to protect fish populations of water bodies within the boundary of the Town’s [begin add]ISBA[end add][begin delete] JPA[end delete].
Policy CON 1-11.4: Acquisition of Environmentally Sensitive Land. The Town shall pursue State funds and partner with the Lake County’s Land Acquisition Program to purchase environmentally sensitive lands within the Town of Lady Lake and the Lady Lake [begin add]ISBA[end add][begin delete] JPA[end delete].
OBJECTIVE CON 1-15: INTERGOVERNMENTAL COORDINATION ACTIVITIES FOR THE CONSERVATION OF NATURAL RESOURCES. The Town of Lady Lake shall manage natural resources and conservation issues within the Town's [begin add]ISBA[end add][begin delete] JPA[end delete] through intergovernmental coordination.
Policy CON 2-1.5: LEED Certification. The Town of Lady Lake shall consider establishing thresholds, based on building size, for compliance with LEED certification when updating its land development regulations [begin add]prior to the 2027 Evaluation and Appraisal of the 2030 Comprehensive Plan[end add][begin delete] by December 31, 2012[end delete].
OBJECTIVE CON 2-2: [begin add]Prior to the 2027 Evaluation and Appraisal of the 2030 Comprehensive Plan[end add][begin delete] by June 2012[end delete], the Town of Lady Lake shall develop Land Development Regulations for new commercial and industrial development to assist with energy conservation and efficiency.
RECREATION AND OPEN SPACE ELEMENT
Policy REC 1-7.1: The Town of Lady Lake shall form a partnership with Lake County’s Public Lands Acquisition Advisory Committee (PLAAC), and the Lake County Water Authority to further the objectives of resource based recreation and to acquire lands for passive recreation within the Town of Lady Lake’s [begin add]Interlocal Service Boundary Agreement (ISBA)[end add][begin delete]Joint Planning Agreement (JPA) The Town and County are contemplating an Interlocal Service Boundary Agreement (ISBA) to replace the Joint Planning Agreement. In the meantime, the JPA will be temporarily extended while the ISBA (Chapter 171, Part II, F.S.) is negotiated and considered.[end delete]
INTERGOVERNMENTAL COORDINATION ELEMENT
Policy ICE 1-1.3: Resolution of Transcending Growth Management Issues. The Town shall coordinate growth management issues transcending jurisdictional areas through cooperative communications with Lake County at the staff and official government levels by presenting Town concerns through documented transmittals, scheduled meetings, attendance at County and adjacent City public hearings, joint ad hoc technical coordination committees, and, where relevant, less formal communications. The Town shall promote reciprocal participation of County and Adjacent Town staff and officials in local growth management affairs. Growth management issues to be pursued, but not limited to, comprise the following:
1.) Annexation of Adjacent Lands. The Town shall continue to engage in mutual discussion with Lake County and the City of Fruitland Park, to establish an annexation policy to direct an orderly and timely process of annexing unincorporated land adjacent to the Town. An Annexation Interlocal Agreement shall include, but is not limited to the following issues:
A.) Delineation of general area in which the Town shall pursue annexation. The boundaries of an annexation zone shall be coterminous with the boundaries of the [begin delete]Joint Planning Area[end delete][begin add]ISBA[end add].
B.) Mutually agreeable land use designations for unincorporated areas within the confines of the annexation zone, with emphasis on compatibility with both the Town and adjacent government Comprehensive Plan Future Land Use Elements;
C.) Jurisdiction responsible for providing water, sewer, traffic circulation, and drainage facilities during the interim and post annexation periods;
D.) Availability of public facilities and services to meet demands currently generated by existing development or that are anticipated for eligible land use activities permitted within the proposed annexation area;
E.) Agreement to Levels of Service provided to existing and proposed development within the annexation zone during the interim annexation period.
F.) Determination of appropriate application of a concurrency management system for the annexation zone.
2.) The Town shall continue to provide for Land Use Planning of Adjacent Lands through a[begin add]n[end add][begin delete] Designated Joint Planning Area[end delete][begin add] Interlocal Service Boundary Agreement including[end add] provision of services and facilities, pursu[begin add]ing[end add] appropriate land management for areas adjacent to the Town, including enclaves, to avoid conflict created by possible placement of incompatible land uses and to establish compatibility between Town and County and adjacent Town growth management efforts. The area delineated on [begin delete]Map 1-1[end delete] [begin add]Exhibit A of the ISBA[end add] constitutes the boundaries of a joint planning area for which the Town shall coordinate growth management issues with the Lake County.
3.) The Town shall continue to coordinate with Lake County to establish a mutually compatible growth management framework, with consideration to implementing such activity through an interlocal agreement, which addresses the following planning and development issues:
A.) Land Development Regulations. Review and compare municipal and County land development regulations applicable to respective adjacent lands for compatibility and for conflict with growth management goals, objectives, and policies.
B.) Comprehensive Planning for Adjacent Unincorporated and Incorporated Land. Develop a mutually agreeable future land use designations for adjacent unincorporated and incorporated land within the [begin add]ISBA[end add][begin delete] Joint Planning Area[end delete].
C.) Review Impacts of Development. Review impacts of development within adjacent unincorporated lands, including impacts to adopted levels of service; concurrency management issues; effects on annexation issues; amendments to comprehensive plans and land development regulations; location and timing of proposed development; and impacts to conservation activities and preservation of natural resources.
D.) Mitigate Impacts to State Roads. Focus commercial development along US 27-441 to incorporated areas or service areas providing public facilities, and designate lands in unincorporated areas adjacent to municipalities to lower density, less-intensive land uses than permitted in the Town or designated service areas.
E.) The Town and County [begin delete]are contemplating[end delete][begin add]have adopted[end add] an Interlocal Service Boundary Agreement (ISBA) [begin add]which replaced a[end add][begin delete] to replace the[end delete] Joint Planning Agreement.[begin delete]In the meantime, the JPA will be temporarily extended while the ISBA is negotiated and considered. The Town will consider adoption of an ISBA (Chapter 171, Part II, F.S.) by April 2012.[end delete]
Policy ICE 1-3.1: Comprehensive Planning Administration. The Town shall coordinate with the [begin delete]Florida Department of Community Affairs[end delete][begin add]State Land Planning Agency[end add] on issues pertaining to the administration of amendments to the Comprehensive Plan and for technical assistance in areas relating to community planning. Coordination shall occur with the U.S. Bureau of the Census and the [begin delete]Bureau of Economic and Business Research at the University of Florida[end delete][begin add]the Office of Economic and Demographic Research[end add] to obtain demographic information and data pertaining to the Town of Lady Lake in order to update the data inventory and analysis component of the Comprehensive Plan.
Policy ICE 1-1.4: The Town shall follow the adopted [begin add]ISBA[end add][begin delete]Joint Planning Agreement (JPA)[end delete] as established between the Town of Lady Lake and Lake County as well as any future amendments agreed upon and adopted by both the Town and the County.
OBJECTIVE ICE 1-5: COORDINATE COMPREHENSIVE PLANNING ACTIVITIES WITH NON-REGULATORY AND QUASI-GOVERNMENT ENTITIES. Coordinating Comprehensive Planning Activities with Plans Established by Non-Regulatory and Quasi-Government Entities. Such Entities shall include, but are not limited to,[begin delete] the United Telephone, Lake County Cable Vision, Florida Power Corporation, Sumter Electric Company, Water Oaks Water Service, and Village Center Community Development District [end delete][begin add]public and private utilities, community development districts, water authorities, and soil and water conservation districts[end add].
Policy ICE 1-6.2: Informal Mechanisms. The Town Planning and Zoning Board shall coordinate with the Lake County Department of Planning and Development and with Adjacent Town Planning and Zoning Boards to jointly review impacts of development on Lady Lake adopted levels of service and anticipated growth and development within the Town's [begin add]ISBA[end add][begin delete]JPA[end delete]. Such activities shall occur through joint meetings, written and verbal transmittal, and Town attendance at appropriate County and adjacent municipal public meetings addressing the proposed development.
Policy ICE 1-8.1: [begin delete]Joint Annexation Agreement.[end delete] On [begin add]August 5, 2014[end add][begin delete]January 5, 2006[end delete], the Town of Lady Lake executed [begin add]an Interlocal Service Boundary Agreement (ISBA)[end add][begin delete] a Joint Planning Agreement (JPA)[end delete] with Lake County, Florida, [begin add]and the Village Center Community Development District[end add].[begin delete] Map 1-1 of the Comprehensive Plan depicts the boundaries of the JPA.[end delete] This agreement addresses density, intensities, and location of uses within the ISBA Area. Additionally, the agreement requires a review of all developments to ensure compatibility with the town and county regulations.[begin delete] The Town and County are contemplating an Interlocal Service Boundary Agreement (ISBA) to replace the Joint Planning Agreement. In the meantime, the JPA will be temporarily extended while the ISBA is negotiated and considered (Chapter 171, Part II, F.S.). [end delete]
CAPITAL IMPROVEMENTS ELEMENT
OBJECTIVE CIP 1-1: PURPOSE OF CAPITAL IMPROVEMENTS MANAGEMENT. Capital Improvements shall be provided for purposes of correcting existing deficiencies, accommodating desired future growth, and replacing deteriorated or obsolete facilities. Capital Improvements shall be programmed within the Five-Year [begin delete](2011-2015)[end delete]Schedule of Capital Improvements according to a rank of priorities and timing set forth therein.
Policy CIP 1-1.10: Long Term Concurrency Management. The Town of Lady Lake shall adopt transportation concurrency exemption area (TCEA) policies [begin add]prior to the 2027 Evaluation and Appraisal of the 2030 Comprehensive Plan[end add][begin delete] by June 1, 2012[end delete].
OBJECTIVE CIP 1-5: FISCAL RESOURCE MANAGEMENT. The Town of Lady Lake shall manage fiscal resources to ensure provision of needed Capital Improvements for previously issued development orders and for Future Development and Redevelopment. Lady Lake fiscal resources management shall also include a 5-Year financial feasibility [begin add]Capital Improvements Schedule to be updated annually[end add][begin delete] that shall be completed by the year end of 2010[end delete].
Policy CIP 1-5.1: Available Revenue to Support Capital Improvements Scheduled within the Five- Year and/or Ten-Year Schedule of Capital Improvements. No Category A or D capital improvement shall be programmed within the Five-Year Schedule of Capital Improvements for which insufficient funding has been identified within the Capital Improvements Element to finance the cost to implement and operate such improvement, unless policies cited herein dedicate a future funding source or require the Town to take certain financial and budgetary actions to resolve insufficient funding availability. No Category A or D capital improvement shall be implemented unless such improvements are programmed within the Five-Year [begin delete]of[end delete] [begin add]Schedule of[end add] Capital Improvements[begin delete] by December 2010[end delete].
OBJECTIVE CIP 2-1: FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS. Category ‘A’ and ‘D’ capital improvements must be implemented within the next five fiscal years to eliminate a deficiency, replace worn-out or obsolete facilities, or provide facilities and services concurrent with impacts of new development that will be programmed into a five-year schedule of capital improvements. The Town may include Category B and C improvements and services in this schedule for budgetary and information purposes.[begin delete] Any and all changes to the Capital Improvements shall be achieved through a Large Scale Comprehensive Plan Amendment.[end delete]
Policy CIP 3-1.3: Update and Revision to Data and Analysis Cited in the Plan and Capital Improvements Element. Pursuant to Section 163.3177[begin add](3)(b)[end add], Florida Statutes, the following revisions to the Comprehensive Plan shall occur by ordinance: corrections, updates, and modifications to revenue and cost estimates; acceptance of facilities committed through development agreements as consistent with the Comprehensive Plan; or the date of construction of any facility in the Schedule may occur by ordinance. Amendments or adjustments to the Five-Year Schedule of Capital Improvements shall be reported to the [begin delete]Florida Department of Community Affairs[end delete][begin add]State Land Planning Agency[end add] as mandated in Chapter [begin add]163.3177(3)(b)[end add][begin delete]163.3180(3)[end delete], F.S.
Policy CIP 3-1.6: Monitoring and Evaluation Procedures. The monitoring and evaluation procedure shall incorporate the following:
A.) Update and Refinements. Determine if any corrections, updates, or modifications are necessary to maintain consistency with the Annual Budget and to provide the best available information and data. The Town shall undertake the following activities:
1.) Annually update estimated revenues and operating expenditures within the Capital Improvements Element by September of each year for purposes to further consistency with the Annual Budget, and update all revenue and operating costs forecasts for the following five-years;
2.) Update improvements listed in the Five-Year Schedule of Capital Improvements, including project costs affected by inflation, and add new improvements as necessary to comply with goals, objectives, and policies cited in this element. Improvements committed through development agreements will also be listed in the Schedule of Capital Improvements;
3.) Revise the Capital Improvements Element as necessary to reflect revisions and updates to population projections annually prepared by the [begin add]Office of Economic and Demographic Research[end add][begin delete]Bureau of Economic and Business Research at the University of Florida[end delete];
4.) Revise the Capital Improvements Element as necessary to reflect new revenue sources that are established by the Town Commission or as created by the State of Florida;
5.) Annually update debt capacity and all analysis of financial capacity;
6.) Update inventory and analysis to reflect the most recent proposed plans of the Lake County School Board to improve existing or develop new facilities; any major improvements by the Florida Department of Transportation that are scheduled for the next three year period; and any projects proposed by the St. Johns River Water Management District or any other State Agency. Such updates shall be consistent with Chapter [begin add]163.3177(3)(b)[end add][begin delete]163.3180(3)[end delete].
7.) On or before September 15th of each year and after consideration of the written comments of the County and the Cities, the Lake County School Board will adopt a financially-feasible Work Program that includes school capacity sufficient to meet anticipated student demand within the County, based on the LOS standards set forth in the Interlocal Agreement. The School Board will construct and/or renovate school facilities sufficient to maintain the LOS standards set forth in the Interlocal Agreement, consistent with the adopted 5-Year Facilities Work Program. Nothing in this agreement shall be construed to abrogate the School Board’s constitutional authority in determining delivery of student services, including but not limited to school scheduling or to require the School Board to redistrict any school more than once in any three consecutive year period. The Town of Lady Lake shall adopt the Schools Board’s adopted work program into their CIE updates each December.
Policy EC 1-2.2: Assess Existing Industry Needs. [begin add]Prior to the 2027 Evaluation and Appraisal of the 2030 Comprehensive Plan[end add][begin delete]by June 2012[end delete], The Town of Lady Lake (through the Economic Development Commission's Visitation Program or a similar program) shall conduct a survey of existing industries to determine what services they need in order to continue to do business in the Town of Lady Lake. The survey shall be updated annually.
PUBLIC SCHOOL FACILITIES ELEMENT
Ensure that comprehensive plan amendments and other land use decisions are simultaneously evaluated with school capacity availability within the Town.
School Board findings and comments on the availability of adequate school capacity shall be considered when evaluating the decision to approve comprehensive plan amendments and other land use decisions as provided for in [begin add]Chapter 163.31777,F.S. [end add][begin delete] s. 163.3177 (6)(a), F.S[end delete].
The “Future Conditions Maps” as adopted [begin add]and updated annually[end add]by the Lake County School Board’s Five Year District Facilities Work Plan [begin delete]2012-2016 on September 12, 2011, and provided as Appendix C of the Data, Inventory, and Analysis supporting this element[end delete], shall serve as the guiding document for the general location of school facilities in accordance with the 5 year planning period.