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HomeMy WebLinkAboutDocumentation_Regular_Tab 06C_03/04/1999DEPARTMENT OF COMMUNITY DEVELOPMENT CHANGES TO ORC REPORT RESPONSE CHANGES MADE AFTER LOCAL PLANING AGENCY PUBLIC HEARING FEBRUARY 4, 1999 COIV~PREHENSIVE PLAN AMEI~IDIVIENT S CHANGES TO ORC REPORT RESPONSES COMPREHENSIVE PLAN AMENDMENTS DCA RECOMMENDED CHANGES Based on discussion with Roger W~7burn, Community Program Administrator, Region 10, the following changes have been made to the Objections, Recommendations, and Comments Report Responses: ^ OBJECTION # 3 Policies 1 4 7 The Villa eg_shall protect potable water wellfields by designatingauprouriate activities and land uses as identified within the wellfield drawdown zones of influence shown on the Future Land Use Mau. Policy 1.4.7 shall be revised as follows: Policies 1 4.7 The Village shall protect potable water wellfields by allowin~~only the land uses encompassed within the wellfield drawdown zones of influence shown on the Future Land Use Mau. ^ OBJECTION # 20 a. The nercentaaes reuorted in the teat are correct: 440 / 2 026 (total households) = 21.7%; and 271/2026=13.4%. b Supplemental Census data (STF 3A File) indicate that 77% of the rental households in the Village that ~v 35% or more of their income for gross housing costs are headed by a household aged 65 years and older. This further justifies a policy to focus upon the provision of elderly affordable rental units. The response shall be revised as follows: Supplemental Census data (STF 3A File) indicate that 77% of the rental households in the Village that Lv 35% or more of their income for gross housing costs are headed by a household aged 65 years and older. This further iustifies a policy to focus n own the provision of elderly affordable rental units. OBJECTION # 22 Policies 1.1.7 The current utilization of septic tanks within the Villagg is deemed to be an acceptable alternative, resuming State water clues standards are not met If State standards are not a being met a central sanitary sewer system must be r i Per discussion with Village Counc~ sitting as the Local Planning Agency, Policy 1.1.7 will be revised as follows: Policies 1.1.7 The current utilization of septic tanks within the Village is deemed to be an acceptable alternative in the event that State water quality standards are being met. In the event that State water quality standards are not being met due to septic tank degradation as determined by official State Department of Environmental Protection findings, a central sanitary sewer system must be provided in those azeas subject to the findings. ^ OBJET PION # 24 Per discussion with DCA Staff Policy 2.11.13 shall be changed by substituting the word Village foi County as follows: Policies 2.11.13 The Eetm~ Village shall continue to implement the Wetlands Protection Section of the Unified Land Development Code and shall continue to review and comment on wetland alteration applications being_reviewed by other agencies to ensure that no activity results in the net loss of wetland values and functions. Ensure that the following steps are taken, in order, when assessingproposed activities that may result in wetlands impact: 1. Avoidance of wetland impacts, 2. Minimization of unavoidable wetlands impacts and 3. Compensation for wetland impacts through miti tga ion; Require, for anywetland that is dega~aded or destroyed, that mitigation be provided through the creation of new wetland habitat, through the restoration of degraded habitat, or through the enhancement of functions and values provided by existing habitat. Mitigation efforts that include creating new wetland habitat shall be designed, constructed, and maintained in a manner which will reflect the habitat being altered, degraded or destroyed; Desi~-ate appropriate and inappropriate uses for wetlands, including_the use of wetlands for wastewater treatment, to ensure that the functions and values of existing wetland systems are maintained or enhanced; Do not allow activities that would diminish the functions and values of wetlands byaltering the quantity or timing if water availability to existing_wetlands or altering their water regimes; Require, when reviewing,development activities adjacent to or within wetland areas, that a buffer zone of native vegetation, which may include canopy, understorv and ground cover, as appropriate, be provided and maintained azound all wetlands. The area requirements for the buffer zone shall be consistent with the Treasure Coast Strateig c Regional Policy Plan; and support wetland creation, restoration, enhancement, and preservation and shall encourage uublic and private sector initiatives for these efforts. ^ OBJECTION # 28 Per discussion with DCA Staff, the underlined portion will be added to the following sentence: The Village shall add to the Capital Improvements Element an Objective 1.7.0 and Policies under the Objective to meet the recommendation. Objective 1.7.0 The Village shall maintain a concurrence mana ement system to ensure thatpublic facilities and services to support development are available concurrent with the impact of development. ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL, OF THE VILLAGE OF TEQUESTA. PALM BEACH COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN OF THE VILLAGE OF TEQUESTA, ADOPTED IN 1989, IN RELATION TO ITEMS IDENTIFIED IN THE VILLAGE'S 1996 EVALUATION AND APPRAISAL REPORT AND IN ACCORDANCE WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATIONS ACT, AS AMENDED, SO AS TO INCORPORATE NEW, REVISED AND/OR UPDATED TEXT, TABLES, MAPS, FIGURES, ANALYSIS, AS WELL AS GOALS, OBJECTIVES AND POLICIES IN THE INTRODUCTION, FUTURE LAND USE ELEMENT, TRANSPORTATION ELEMENT, HOUSING ELEMENT, INFRASTRUCTURE ELEMENT, COASTAL MANAGEMENT ELEMENT, CONSERVATION ELEMENT, RECREATION AND OPEN SPACE ELEMENT, INTERGOVERNMENTAL COORDINATION ELEMENT, CAPITAL Il~ROVEMENT ELEMENT, PLAN MONITORING AND EVALUATION SECTION RELATING TO CONSISTENCY WITH TTTE STATE COMPREHENSIVE PLAN AND PUBLIC PARTICIPATION PROGRAM REQUIREMENTS AND OTHER TRXTUAL AMENDMENTS AND MODIFICATIONS; ALL IN RELATION TO ITEMS IDENTIFIED IN THE VILLAGE'S 1996 EVALUATION AND APPRAISAL, REPORT (EAR); PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 163.3161, et. seq., Florida Statutes, being the Local Government Comprehensive Planning and Land Development Regulation Act, the Village of Tequesta may adopt amendments to the Comprehensive Plan; and WHEREAS, the Local Planning Agency of the Village has held public hearings to make recommendations to the Village Council and has recommended the adoption of the amendments to the Comprehensive Plan contained herein; and WHEREAS, the Village Council at its regular meeting held on March 4, 1999, wishes to approve and adopt the amendments to the Comprehensive Plan incorporated herein. NOW, TITEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VII,LAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Village Council does hereby amend the 1989 Comprehensive Plan of the Village of Tequesta in relation to items identified in the Village's 1996 Evaluation and Appraisal Report and in accordance with the Local Government Comprehensive Planning and Land Development Regulations Act, as amended, so as to incorporate new, revised and/or updated text, tables, maps, figures, analysis, as well as goals, objectives and policies in the Introduction, Future Land Use Element, Transportation Element, Housing Element, Infrastructure 1 Element, Coastal Management Element, Conservation Element, Recreation and Open Space Element, Intergovernmental Coordination Element, Capital Improvements Element, Pian Monitoring and Evaluation Section relating to consistency with the State Comprehensive Plan and Public Participation Program Requirements, and other textual amendments and modifications, ali as attached hereto which is hereby adopted and incorporated by this Ordinance as if fully set forth herein. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. If any court or competent jurisdiction holds any word, part, section, paragraph or provision hereof to be unlawful or unconstitutional, such ruling or finding shall not affect the remaining portions of this Ordinance, which shall remain in full force and effect. Section 4. This Ordinance shall become effective immediately upon passage. PASSED UPON FII2ST READING THE DAY OF ,1999. PASSED AND ADOPTED UPON SECOND READING THE FOLLOWING HEARING THE DAY OF , 1999. ATTEST: VILLAGE OF TEQUESTA, FLORIDA Mayor Vice Mayor Council Member Council Member Council Member Clerk LIST O~ C~][ANG~S Comprehensive Plan Amenclrnent Per discussion with DCA Sta{~, Policy 1.1.7 should read as ~ollows: Policy 1.1.7 The use o~ existing properly constructed and ~unctionin~ septic tank items within the Village is acceptable; however when analysis indicates that septic tanks is are adversel,~mpactin~ the environment according to State Water Qualit~Standards (Ch. 62-302, FAC for sur~ace water Ch. 62-520, FAC ~or groundwater and Ch. 100-6, FAC ~or bathing_places) and that public health standards are endan erect, septic tanl~ systems causing the situation will be rewired or replaced. Add a new Policy 1.1.8: Policy 1.1.8 When a central sanitary sewer system becomes available to currently unsewered areas, and the current septic tanl~ items fail to meet State Water Quality Standards (Ch. 62-302, FAC ~or sur~ace water, Ch. 62-520, FAC for groundwater and Ch. 100-6, FAC, ~or batlung_places) and endanger the public health, hoolz-up to the central system shall be required.