HomeMy WebLinkAboutOrdinance_22-11_02/09/2012 ORDINANCE NO. 22-11
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, ADOPTING AN AMENDMENT TO ITS
COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE
MANDATES SET FORTH IN SECTION 163.3184(3), FLORIDA STATUTES
PURSUANT TO A VILLAGE INITIATED AMENDMENT NO. LUPA 1- 11WHICH
PROVIDES FOR AN AMENDMENT TO CERTAIN PORTIONS OF THE TEXT
FOUND IN THE FUTURE LAND USE ELEMENT, UPDATING SAID ELEMENT IN
COMPLIANCE WITH FEMA REQUIREMENTS FOR LOWEST FLOOR
ELEVATION; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the State Legislature of the State of Florida has mandated that all municipalities
draft and adopt comprehensive development plans to provide thorough and consistent planning with
regard to land within their corporate limits; and
WHEREAS, all amendments to the comprehensive development plan must be adopted in
accordance with detailed procedures which must be strictly followed; and
WHEREAS, the Village of Tequesta, Florida, has carefully prepared amendments to its
comprehensive development plan pursuant to a Village initiated amendment; and
WHEREAS, the Village of Tequesta has held all duly required public hearings; both prior to
submission of the proposed amendments of the plan to the State Department of Community Affairs and
after the proposed amendment of the plan was returned to the Village of Tequesta, in accordance with
Chapter 163.3184(3), Florida Statutes and
WHEREAS, the Village Council desires to adopt certain amendments to its current
comprehensive development plan to guide and control the future development of the Village, and to
preserve, promote and protect the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA:
SECTION 1: The Future Land Use Element of the Village of Tequesta Comprehensive Plan is
hereby amended as set forth on Exhibit A which is attached hereto and made apart hereof as if fully set
forth herein.
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SECTION 2: The Village Clerk is hereby directed to transmit three (3) copies of the
amendment to the current Comprehensive Development Plan to the State Land Planning Agency, along
with a copy to the Treasure Coast Regional Planning Council, The Department of State, the Department
of Transportation, the Department of Environmental Protection, the South Florida Water Management
District, and to any other unit of local government who has filed a written request for a copy, within ten
(10) working days after adoption, in accordance with Section 163.3184(3), Flori da Statutes
SECTION 3: Each and every other section and subsection of the Village of Tequesta
Comprehensive Plan shall remain in full force and effect as previously adopted.
SECTION 4: All Ordinances or parts of Ordinances in conflict be and the same are hereby
repealed.
SECTION 5: Should any section or provision of this Ordinance or any portion thereof, any
paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder of this Ordinance.
SECTION 6: Specific authority is hereby given to codify this Ordinance and make it part of the
Village's Comprehensive Plan.
SECTION 7: The effective date of this plan amendment shall be the date a final order is issued
by the Department of Community Affairs or Administration Commission finding the amendment in
compliance in accordance with Section 163.3184, Florida Statutes whichever occurs earlier. 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 Department of
Community Affairs, Division of Community Planning, 2555 Shumard Oak Boulevard, Tallahassee,
Florida 32399 -2100.
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Upon Second Reading this 9 day of February 2012, the foregoing Ordinance was offered by
Council Member Humpage who moved its adoption. The motion was seconded by Council
Member Tumquest and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Tom Paterno X
Vice -Mayor Vince Arena X
Council Member Abby Brennan X
Council Member Jim Humpage X
Council Member Calvin Turnquest X
The Mayor thereupon declared the Ordinance duly passed and adopted this 9 day of February
2012.
MAYOR OF TEQUESTA
Tom Paterno
ATTEST:
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Lori McWilliams, MMC SO :' C� Q
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• DEPARTMENT OF COMMUNITY DEVELOPMENT
Staff Report — Village Council Adoption Hearing— 2.9.12
Proposed Expedited Review Comprehensive Plan Amendment
Future Land Use Text Amendment — Lowest Floor Elevation
Purpose of Proposed Amendment
This is a Village initiated request for a Comprehensive Plan Text amendment to the Future Land Use
Element to address specific recommendations made by the Federal Emergency Management
Agency (FEMA). The proposed amendment will provide consistency between the Future Land Use
Element (Policy 1.7.4.) and the Village's Code of Ordinance.
Background
As a result of a Community Assistance Visit (CAV) that FEMA conducted in the Village of Tequesta on
August 8, 2007, the Village received a follow -up recommendation letter issued on September 26,
2007 (see attached letter).
FEMA's recommendations focused on updating the Village's Code of Ordinance - Article Xll. Flood
Damage Prevention- to comply with current National Flood Insurance Program (NFIP) regulations.
FEMA provided 17 specific recommendations (revisions and additions) to clarify and update the
Village Code. In February 2008, the Village Council adopted Ordinance 2 -08 that amended Article
Xll. Flood Damage Prevention of the Village Code of Ordinances to include recommendations from
FEMA.
Although Article Xll. Flood Damage Prevention was modified, there is still inconsistency between
Policy: 1.7.4 from the Future Land Use Element and Section 78 -785 from the Code of Ordinance.
This proposed Comprehensive Plan Text amendment to the Future Land Use Element will make
possible to modify the Village Code to comply with entire FEMA recommendations; and, to qualify
for Community Rating System (CRS) credits.
Comprehensive Plant Text Amendment
The proposed text amendment to the Comprehensive Plan provides a change to the Future Land
Use Element to be in compliance with specific FEMA recommendations.
The following is the proposed amendment to the Comprehensive Plan. Please note that deletions
are S t F ik e t"..^w and new language is underlined and bold
Policy: 1.7.4. A minimum fi^i°" r°.-s+ fl lowest floor elevation above mean sea level (MSL) for all
new construction, additions and substantial improvements to existing structures shall be R 5 . ft
^a ' ^' ^" 18 inches above the crown of any road, street, cul -de -sac or highway. , or meet
• the requirements of the Code of Ordinance pertaining to flood hazard areas, whichever is most
stringent.
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Village of Tequesta— Comprehensive Plan Text Amendment- Lowest Floor Elevation
• Staff Analysis
FEMA recommendation letter (Page 2- first paragraph) clearly defines that "The Village of Tequesta
requires the construction of the 'finished floor" of all structures at 8.5 feet above mean sea level or
18 inches above the crown of the road, whichever is greater. Please be advised that in the NFIP
Regulations, the term "lowest floor" is used instead of 'finished floor ". There are situations when an
unfinished floor area may be considered the lowest floor of the structure for both floodplain
management and fldod insurance rating purposes ".
The Village's Future Land Use Element, Policy: 1.7.4. refers to "finish first floor" which needs to be
amended to reflect "lowest floor" per FEMA above described recommendation and justified reason.
Also, while Ordinance 2 -08 modified Article Xll. Flood Damage Prevention of the Village Code of
Ordinances to include recommendations from FEMA, the floor elevation standard in Section 78 -785
remained as follows:
"Minimum lowest floor elevation above mean sea level (MSL) for all new construction, additions and
substantial improvements to existing structures shall be eight and one -half feet (MSL), 18 inches
above the crown of any road, street, cul -de -sac or highway, or meet the applicable requirements in
Sections 78 -786 through 78 -789 of this article, whichever is more stringent."
Leaving this section in the Code has created two issues:
1. In the letter received from FEMA, third page, states that "elevation standard currently
required by the Village does not receive CRS credit because it does not directly require
elevation above BFE" (BFE =Base Floor Elevation). By leaving this standard in, Village of
Tequesta residents are not receiving credit towards their Community Rating Service from
ISO.
2. The last statement in Section 78 -785 "whichever is more stringent" eliminates all the
requirements in Section 78 -786 trough 78 -789.
Once the proposed Comprehensive Plan Text amendment to the Future Land Use Element is
adopted, the Village's Code of Ordinance can be revised to provide a finish base floor elevation for
areas within a flood zone in accordance with Sections 78 -786 trough 78 -789 as recommended by
FEMA. The revision will also establish a minimum finish base floor elevation for areas outside a flood
zone, which is reasonable based upon industry standards.
This proposed Comprehensive Plan Text amendment to the Future Land Use Element recognizes the
critical role of providing consistency between policies and regulations that affect development as
well as residents of the Village of Tequesta.
Consistency with the Village's Comprehensive Plan
• This is a Village initiated request for a Comprehensive Plan Text amendment to the Future Land Use
Element to address specific recommendations made by the Federal Emergency Management
Agency (FEMA).
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Village of Tequesta— Comprehensive Plan Text Amendment- Lowest Floor Elevation
• The proposed amendment will provide consistency between the Future Land Use Element (Policy
1.7.4.) and the Village's Code of Ordinance.
Local Government Comments
The subject Comprehensive Plan amendment was transmitted to the Interlocal Plan Amendment
Review Committee ( IPARC) on November 7, 2011 (30 days prior to transmittal hearing). IPARC sent a
notice of the proposed amendment to Palm Beach County, Treasure Coast Regional Planning Agency
(TCRPC), Loxahatchee River Environmental District, the Town of Juno Beach and the Town of Jupiter.
The Village of Tequesta has not received comments or objections from above agencies and local
governments regarding the proposed Comprehensive Plan Amendment.
Local Planning Agency
On November 3, 2011, the Planning and Zoning Advisory Board, sitting as the Local Planning Agency,
held a public hearing to review the subject Comprehensive Plan amendment. The Local Planning
Agency voted 3 -0 to recommend approval of the proposed amendment to the Village Council.
Village Council
On December 8, 2011, the Village Council held a public hearing to review the subject
Comprehensive Plan amendment. Village Council voted 5 -0 to approve the transmittal of the
proposed amendment to the Land Planning Agency.
Transmittal to State Land Planning Agency and Reviewing Agencies
The subject Comprehensive Plan amendment was transmitted to the State Planning Agency and
other Reviewing Agencies in compliance with Section 163.3184 (3) Florida Statutes on December
2011.
The State Land Planning Agency completed its review of "the proposed comprehensive plan
amendment, and identified no comments related to important state resources and facilities within
the Agency's authorized scope of review that will be adversely impacted by the amendment if
adopted" (See attached Letter).
The Village also received "no comment" letters /e -mails from other Reviewing Agencies such as
Treasure Coast Regional Planning Agency, Florida Department of Transportation, Department of
Environmental Protection (See attached documents).
Attachments and Support Documents
1. Ordinance No. 22 -11
2. State Land Planning Agency and Reviewing Agencies letters.
3. FEMA Recommendation Letter (9.26.2007).
4. Ordinance No. 2 -08, adopted in February 2008.
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Village of Tequesta— Comprehensive Plan Text Amendment- Lowest Floor Elevation