STATEMENT OF ISSUE
This item requests the first of two public hearings on Ordinance No. 08-O-68 (Attachment #1). The ordinance begins implementation of policy direction, related to protection of groundwater and Wakulla Springs, provided in the Comprehensive Plan by establishing a mapped Primary Springs Protection Zone (PSPZ) and development standards in the Land Development Code. City staff will bring forward additional regulations that will establish more specific development standards for lands inside the PSPZ as implementation proceeds over the next two years.

RECOMMENDED ACTION
Option 1: Conduct the first of two public hearings on Ordinance No. 08-O-68 and schedule the second and final public hearing for February 25, 2009.

FISCAL IMPACT
This Ordinance will have little direct fiscal impact on City resources. However, full implementation of the direction provided in Comprehensive Plan policy 4.2.5: [C] represents a significant commitment of staff resources.

Wayne Tedder, Director, Tallahassee-Leon County Planning Department

Anita Favors Thompson, City Manager

For information, please contact: Brian Wiebler, ext. 6416

SUPPLEMENTAL MATERIAL/ISSUE ANALYSIS

HISTORY FACTS AND ISSUES
The 2007 Evaluation and Appraisal Report (EAR) identified the protection of groundwater quality as a major community issue and included specific recommendations for changes to the Tallahassee - Leon County Comprehensive Plan to help protect groundwater and Wakulla Springs. The primary groundwater recommendation from the adopted EAR was to “Establish a Springs Protection Zone based on the results of the Leon County Aquifer Vulnerability Assessment (LAVA) study and establish policy for additional requirements and regulations within this zone.”

The City and Leon County adopted Comprehensive Plan policy language (Attachment #2) on January 7, 2009 to address the recommendation above. The Comprehensive Plan policy calls for the adoption of a PSPZ in the Land Development Code and provides policy direction for additional requirements within the zone. Ordinance 08-O-68 will establish a PSPZ in the Land Development Code as the first component of implementing the proposed Comprehensive Plan policy.

PRIMARY SPRINGS PROTECTION ZONE BOUNDARY
The boundary of the PSPZ included in proposed Ordinance 08-O-68 has been altered from the draft version included as an attachment to the Transmittal Hearing staff report for Comprehensive Plan Amendment PCM080117. The draft version of the PSPZ was based on the LAVA study, physiogeographic regions, the Cody Scarp, and input from the LAVA Technical Advisory Committee. The hand drawn boundary of this draft zone followed the approximant confluence of the mapped layers identified above. The Boundary did not follow any recognizable boundaries on the landscape (such as roads).

In June of 2008 Leon County was awarded a grant from the Florida Department of Environmental Protection’s Florida Springs Initiative to hire a consultant to conduct additional statistical analysis of the LAVA results map. This additional analysis was intended to assist in determining an appropriate boundary for the PSPZ.

The new staff recommended version of the PSPZ is included in Ordinance 08-O-68. The revised version was developed to take advantage of the statistically generalized version of LAVA and make it easier for landowners and local government to determine the location of the PSPZ by utilizing roads, section lines, and quarter sections as the boundary line. The recommended boundary includes slightly fewer parcels (approximately 10,763) than the previous draft version included (approximately 10,839). This slight difference is primarily due to the common practice of parcel lines following roads or section lines. The draft version of the PSPZ that did not follow such boundaries captured the edge of more parcels near the boundary.

The PSPZ was mapped to capture a single area of Leon County with the highest aquifer vulnerability. It does not include all areas identified by LAVA as “most vulnerable.” There are numerous areas in central and northern Leon County that have been identified as “most vulnerable,” specifically in the stream valleys where the thickness of material (overburden) between land surface and the aquifer is reduced. These smaller areas were not included in the PSPZ for three main reasons: 1) the recommended scale of use for LAVA is 480 acres or greater; 2) greater distance from the spring tends to allow for additional natural attenuation of nutrients; and 3) this is the “primary” protection zone, after we have learned more about implementing successful protection measures a “secondary” protection zone can be developed.

IMPACT OF THE ORDINANCE
Ordinance 08-O-68 begins implementation of Comprehensive Plan policy 4.2.5: [C] by adopting a PSPZ and one development standard to be applied within the zone. The development standard eliminates the clustering provision previously available for parcels in the urban fringe zoning district when the district occurs inside the PSPZ. Currently, there are no parcels inside the City Limits and PSPZ that are zoned urban fringe. This policy will be applied to any lands in the City and the PSPZ that may be zoned urban fringe in the future.

The primary purpose of this ordinance is to establish the geographic area of the PSPZ for the additional land development regulations that will be developed as implementation of Policy 4.2.5: [C] continues.

ADDITIONAL REVIEW AND ADVERTISEMENT
The Tallahassee-Leon County Planning Commission found the proposed Ordinance consistent with the Comprehensive Plan on January 6, 2009. The Board of County Commissioners is scheduled to hear an ordinance that would establish the same PSPZ (first public hearing February 12, 2009, second and final public hearing March 12, 2009).

The Planning Department and City Treasurer-Clerk’s Office will advertise the Ordinance consistent with State Statutes and the Land Development Code.

CHARITABLE CONTRIBUTIONS
Not Applicable

OPTIONS

1. Conduct the first of two public hearings on Ordinance No. 08-O-68 and schedule the second and final public hearing for February 25, 2009.

2. Do not conduct a public hearing on Ordinance No. 08-O-68.

ATTACHMENTS/REFERENCES

1. Ordinance No. 08-O-68 (includes Exhibits A and B)
2. Comprehensive Plan Policy Related to Establishing a Primary Springs Protection Zone