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HomeMy WebLinkAboutMinutes_Local Planning Agency_05/22/1997F rf ~' r1 Gi^ ~A M r~ ~~ %~ f ~ A 4 • ; ,'v c P7CH CO t1 VILLAGE OF TEQUESTA Y~>st Office 13os 32?~ i~ "i'e<~ucsta I)ri~~r "I'cyuesta, PI<nid~i 33-iG')-03?3 (5(,U ~?~-631N1 Fas: (~~~ll X75-6~Ui VILLAGE OF TEQUESTA VILLAGE LOCAL PLANNING AGENCY WORKSHOP (VILLAGE COUNCIL SITTING AS THE LOCAL PLANNING AGENCY) MEETING MINUTES MAY 22, 1997 I. CALL TO ORDER AND ROLL CALL The Tequesta Local Planning Agency held a meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, March 27, 1997. The meeting was called to order • at 7:04 P.M, by Mayor Elizabeth A. Schauer. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Elizabeth A. Schauer, Vice Mayor Carl C. Hansen, and Ron T. Mackail. Also in attendance were: Village Manager Bradford, Village Clerk Joann Manganiello, and Department Heads. Councilmembers Alexander W. Cameron and Joseph N. Capretta were absent from the meeting. II. APPROVAL OF AGENDA Councilmember Mackail made a motion to approve the Agenda as submitted. Vice Mayor Hansen seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Ron T. Mackail - for The motion was therefore passed and adopted and the Agenda was approved as submitted. • • rr~-~ ~~~~~~~t ~'np<,~ Village Local Planning Agency Workshop Meeting Minutes May 22, 1997 Page 2 III. COMMUNICATIONS FROM CITIZENS (NON-AGENDA ITEMS) There were no communications from citizens. IV. PRESENTATION OF OUTLINE FOR COMPREHENSIVE PLAN An introduction of the elements that will be presented with changes made to the Village of Tequesta Comprehensive Plan, as required by the Evaluation and Appraisal Report (EAR) process (presentation by Mr. Jack Horniman, Planning Consultant for the Village of Tequesta; Mr. Scott D. Ladd, Building Official, Village of Tequesta; Mr. Damian Peduto, Planner, Village of Tequesta.) A. Revisitation of Previously Reviewed Elements • a. Future Land Use b. Utilities: Solid Waste c. Recreation/Open Space Mr. Jack Horniman explained that the Future Land Use element, Utilities: Solid Waste element, and Recreation/Open Space element has all been reviewed at the last meeting and that comments by Village Manager Bradford had been incorporated. Mr. Horniman recommended a change in the language of Policy 1.4.5 in the Future Land Use element to read "The Village shall support efforts to preserve native plant species in Ecosites Number 61 and 63." • Vice Mayor Hansen commented that the language being used in current changes seemed to be much more specific than that used in the changes made five or six years ago. The Vice Mayor commented that the Village had passed Ordinances which took care of many of the previous problems and that the Village had come a long way since the last changes were • Village Local Planning Agency Workshop Meeting Minutes May 22, 1997 • Page 3 made. Mr. Horniman agreed and commented that most of the items that were now being changed were from something the Village was going to do to something that had been accomplished. Vice Mayor Hansen questioned to what degree the Village was complying with the level of service tables in the Recreation/Open Space element. Mr. Horniman responded that the Village was in compliance in all areas except neighborhood parks, and that when Tequesta Oaks was finished the Village would be able to apply some of the recreation/open space in that development and would then be only an acre or two short of total compliance. B. Identification of Issues/Changes for Comprehensive Plan Elements d. Conservation • Mr. Horniman explained that changes to the Conservation element and the Coastal Zone Management element were mostly updates, i.e., things accomplished and that would now be maintained. Any new requirements would be explained as the review progressed. Objective 1.1.0: Regulation was replaced with the updated term Protection. Objective 1.2.0: Adopt was replaced with maintain to indicate an ongoing objective after accomplishment. Changes to Policy 1.2.1, Objective 1.3.0 and Policies 1.3.1 all indicated an ongoing objective. Policy 1.3.4 was to be deleted. Objective 1.4.0: Wording was changed to cover all phases of mangrove protection and whatever mangrove • protection might be--whether under the County • Village Local Planning Agency Workshop Meeting Minutes May 22, 1997 • Page-4------------ Ordinance or whether one was developed by the Village. Objective 1.5.0 and 1.6.0: Accomplishments had been made, therefore wording had been changed to reflect ongoing objectives. Policy 1.61: Change was made from the County mangrove protection ordinance to regulations protecting mangroves which would be applicable if the Village adopted their own policy. Policy 1.6.2 and 1.6.3: Accomplishments had been made, therefore wording had been changed to reflect ongoing objectives. Policy 1.6.4: Reference to the amendment was deleted since it had been done. Objective 1.7.0 and policies 1.7.1 and 1.7.2: Additional language was added so that these items would read as follows: 1.7.0: To expressly prohibit new construction to take place Oceanside of the designated coastal construction setback line except or in an area that would threaten the stability of either the primary dune or the beach itself, except as may be approved by the State. 1.7.1: No construction should be allowed that would threaten the stability of either the dune systems or the beach itself. All new construction should be restricted to areas landward of the primary dune line, except as may be approved by the State. 1.7.2: The Village should prohibit new development east of the state designated coastal construction setback line except as may be approved by the State, or unless the Village establishes more restrictive provisions at the local level. In such cases the local provisions should be adhered to. • • Village Local Planning Agency Workshop Meeting Minutes May 22, 1997 Page 5 Councilmember Mackail questioned how nonconforming uses were affected, such as rebuilding after a catastrophe when more than 15o had been destroyed, to which Mr. Ladd responded that the Village had amended its regulations so that in such a situation the Village would not be the enforcing agency telling people on the beach that they could not rebuild. They would still have to comply with State law; however, it has been learned that the State would not totally prohibit rebuilding forward of the Coastal Construction Setback Line, but would apply more stringent requirements such as disclaimers or waivers for certain portions of insurance, as well as other measures. If the Village wanted to institute requirements more stringent than those of the State, language to allow that had been used. • Mr. Ladd stated that "b" in Policy 1.4.2. should be changed to "by" . Objective 1.8.0, Policy 1.8.1, and Objective 1.9.0: Changes indicated accomplishments and ongoing policies and objectives. Objective 2.1.0: Language had been changed to comply with new rules, so that the objective would read as follows: The Village shall provide in its Code of Ordinances for the continued conservation and protection of water quality and quantity of waters that flow into estuarine or oceanic waters within its jurisdiction by providing for the review of all development activities in or contributing to the coastal area as part of its development review process. Village Manager Bradford commented that this objective was in conflict with what the Village was told to do by South Florida Water Management District in regard to on-site drainage retention. Discussion ensued. Mr. Horniman commented that Village Local Planning Agency Workshop Meeting Minutes May 22, 1997 Page 6 capturing runoff could be part of the conservation and protection of the water quantity. The Village Manager explained that requirements to establish drainage retention ponds so that water would flow into the aquifer would affect runoff flow that would have gone into estuarine or oceanic waters. Mr. Horniman stated that the wording was exactly as required under the rules. Policy 2.1.3 was also changed to comply with the new rules, and would read as follows: The Village shall protect water quality by restricting activities and land uses known to adversely affect the quality and quantity of identified water sources such as natural ground water aquifer recharge areas and wellhead protection areas. Objective 2.2.0 and 2.3.0: Changes had been made to update these items. Policy 2.2.1: The following wording had been added: "Upon application to the Village". Mr. Horniman stated that the following items had been deleted and the wording placed in other areas: Objective 2.4.0, Policy 2.4.1, Objective 2.5.0, Policy 2.5.1, Policy 2.5.2. Mr. Horniman explained that the new Policy 2.4.1 to read: The Village shall provide for the continued support of the Federal Flood Insurance Program and CRS Program and make available to Village residents and developers information on flood zones, flood rates and flood insurance through its Code of Ordinances. Mr. Ladd explained that the Village was now in a Class 9 under the voluntary CRS Program, but expected to become Class 10 shortly, which would change the discount on flood insurance for Village Local Planning Agency Workshop Meeting Minutes May 22, 1997 Page 7 Villagers from 5% to 100. Approximately 1/3 of the residents were eligible for these discounts. Mr. Ladd indicated that this would be announced in the Village newsletter. Mr. Horniman stated that all changes on pages C-5 and C-6 were updates. Mayor Schauer pointed out two typographical errors in 2.11.4: the se, which should be these and o which should be or. Village Manager Bradford commented that Objective 2.5.0 was impossible, since the Village could not afford to build a system that would handle hurricane flood waters. Mr. Horniman explained that this had not been changed. It was agreed that the language should be softened. Mr. Horniman suggested that the language be changed to comply with the new definition of coastal high hazard area, which was • anything that would be subjected to a Category One hurricane. Councilmember Mackail suggested wording to reflect that the Village would provide necessary improvements to its existing system where able or allowable. Mr. Horniman commented that wording would be worked out. Policy 2.11.7 was changed to read as follows to comply with State DEP regulations: No pier, dock or walkway shall be located on submerged land which is vegetated with seagrasses except as is necessary to reach waters at a depth as prescribed by the State Department of Environmental Protection. The docking terminus shall not be located over a seagrass bed. Policy 2.11.11: Add "and with Village approval" at the end. Policy 2.11.14 and 2.11.15 were new requirements regarding wetlands and had been worded so that these policies would not need to be readjusted if new regulations were made. Li Village Local Planning Agency Workshop Meeting Minutes May 22, 1997 Page 8 Policy 2.12.2: Changes reflected new agency names to read as follows: The Village shall request the assistance of the U.S. Fish and Wildlife Service, the Florida Game and Fresh Water Fish Commission, the Florida Department of Environmental Protection, or other applicable State of Federal agency, in the implementation of recovery programs for state and federally protected plant and animal species as part of the development plan for sites of 5 acres or more in size; or for sites of less than 5 acres that are identified by State or Federal agencies. • Mr. Ladd explained that this policy had to do with the scrub jay situation in Tequesta and guidelines imposed by U.S. Fish and Wildlife Service to monitor and protect these birds. Mr. Ladd commented that the agency which had been overseeing scrub jays had been replaced by a new agency, The Environmental Protection and Resource Agency, located locally. Mr. Ladd advised that he would contact that agency to find out the new contact person for the Village. Policy 2.13.0: The word plan should be changed to plant. The following wording would be added at the end so that the last line would read as follows Australian pines, melaleuca, Brazilian pepper and as set forth on the most current list supplied by Palm Beach County. Mayor Schauer pointed out an error in Policy 2.13.2. The word maintained should be replaced with maintain and. b. Coastal Zone Management Mr. Horniman stated that all changes on page one were updates reflecting accomplishments and ongoing maintenance. • Village Local Planning Agency Workshop Meeting Minutes May 22, 1997 Page 9 Policy 1.3.4 was a new policy read aloud by Mr. Horniman: The Village shall establish criteria in its Code of Ordinances for marina siting which addresses land use support, compatibility, availability of upland support services, hurricane contingency planning, protection of water quality, water depth, environmental disruptions and mitigation actions, availability of public use and economic needs and feasibility. These criteria can be accomplished by the Village adopting a countywide marina siting plan or developing its own plan. Vice Mayor Hansen questioned whether Objective 1.6.0 was a State policy, since there was plenty of public access to beaches in Tequesta. Mr. Horniman • explained that if public funds were received by a property owner that he would then have to provide public beach access across his property. Vice Mayor Hansen expressed concern that providing public access could reduce the value of beach properties. Mr. Ladd commented that there was already access to the beach between condominiums. Mr. Horniman stated that all changes on CM-4 and CM-5 were updates, however Policy 3.3.1 should be changed to read as follows: The Village shall maintain its landscape regulations to provide for the protection of all mangrove areas. Objective 3.4.0: At the end of the objective, the following addition should be included: "except as may be approved by the State." This addition was also placed at the end of Policy 3.4.1 and Policy 3.4.2. Mr. Horniman stated that all changes on page CM-6 were updates, and that all changes on page CM-7 were updates with the exception of Policy 4.1.1, Village Local Planning Agency Workshop Meeting Minutes May 22, 1997 Page 10 ------------------ which would change 20 feet to 25 feet; and Policy 4.2.3 which was a new policy. Mr. Horniman displayed a map of the Coastal High Hazard Area, and explained that the definition of that area had changed since the Comprehensive Plan was adopted. The new definition included anything that falls into a Category One Hurricane Area. Mr. Horniman pointed out those areas on the map, and explained that the map showed the surge line for categories of hurricanes. Village Manager Bradford commented that this map did not correspond to the County's map. Mr. Horniman explained that this map would apply rather than the County's map. Policy 5.1.1 was discussed. Mr. Horniman explained that public dollars could be used to upgrade, improve or replace existing infrastructure if damaged through flooding, however, new infrastructure was not included. Village Manager Bradford questioned whether ENCON could replace a septic tank with a sewer since that was not a replacement, but a new structure. Village Manager Bradford commented that he would ask that question of Attorney Scott Hawkins. Discussion ensued regarding different portions of the Village and where they were shown on the map, and the differences in this map and in flood zone maps. Mr. Horniman advised that this map showed flood surge zones rather than flood zones. Mr. Ladd clarified that flood zones were now as follows: Zone A: Mandatory flood insurance; Zone B: Beach forward of the CCCL; Zone C: Flood prone areas tied to a 500-year event. Mr. Ladd and Mr. Horniman clarified for the Village Manager that the map applied to the following policies: 4.2.3, 5.1.1, 5.3.3, and 5.3.4, as well as any others which referred to the Coastal High Hazard Area. Tom Little, 486 Dover Road, commented that everyone should take flooding very seriously, since old-timers experienced high flood waters during hurricanes or storms. • Village Local Planning Agency Workshop Meeting Minutes May 22, 1997 Page 11 ------------------ V. ANY OTHER MATTERS There were no other matters to be addressed by the Local Planning Agency. VI. ADJOURNMENT Councilmember Mackail made a motion to adjourn the meeting. The motion was seconded by Vice Mayor Hansen. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Ron T. Mackail - for • The motion was therefore passed and adopted and the meeting was adjourned at 8:05 P.M. Respectfully submitted, ~--~- ~G~ Betty Laur Recording Secretary ATTEST: ~~ J nn Manganie o Village Clerk DATE APPROVED: C~-e- i~ , / 9 97 •