Subject:
Title
Public Hearing, Re: Adoption of EAR Based Amendments, 2017-2.2. DEO #17-3ER
End
Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Board of County Commissioners consider adoption of the Evaluation and Appraisal Report (EAR-based) amendments, 2017-2.2 (DEO #17-3ER)
End
Summary Explanation and Background:
Pursuant to Florida Administrative Code Rule Chapter 73C-49, a local government must submit an Evaluation and Appraisal Report (EAR) every seven years for the principal process of updating their comprehensive plans to reflect changes in state legislative requirements, since the last update of the comprehensive plan to the Florida Department of Economic Opportunity (DEO). Brevard County’s deadline to adopt the 2016 EAR is March 31, 2021.
While there are numerous minor updates proposed in this EAR amendment 2017-2.2, the primary changes since the Board’s approval of the transmittal on November 2, 2017, are to address the legislation establishing “Peril of Flood” (Florida Statutes 163.3178(2)(f)) enacted during the 2015 Legislative Session. During the transmittal phase of the EAR, DEO provided an Objections, Recommendations and Comments (ORC) Report indicating the proposed amendments to coastal redevelopment component in the Coastal Management Element needed to include:
1. Development and redevelopment principles, strategies, and engineering solutions that reduce the flood risk in coastal areas which results from high-tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea-level rise.
2. Best practices, development and redevelopment principles, strategies, and engineering solutions that will result in the removal of coastal real property from flood zone designations established by the Federal Emergency Management Agency.
3. Site development techniques and best practices that may reduce losses due to flooding and claims made under flood insurance policies issued in this state.
In order to satisfy DEO concerns, staff coordinated with various agencies and participated in the East Central Florida Regional Planning Council’s (ECFRPC) development of a Regional Resiliency Action Plan (RRAP). In addition, the County was awarded a state-funded planning grant through the Florida Department of Environmental Protection (FDEP) Florida Resilient Coastlines Program - aimed at preparing Florida coastal communities for current and future effects of coastal flooding and addressing compliance with the “Peril of Flood” statute. This resulted in a new objective and thirteen (13) proposed policies developed through cross-departmental coordination and DEO guidance to ensure consistency with Peril of Flood requirements of Section 163.3178(2)(f), F.S.
The proposed Amendment 2017-2.2 includes all of the Board’s previously approved text modifications which were transmitted to DEO in 2017; and also includes verbiage that was not previously presented to DEO in the transmittal, which are highlighted in yellow in the Ordinance:
• Thirteen (13) new Coastal Management Element policies developed specifically to comply with Section 163.3178(2)(f), F.S. (“Peril of Flood”); and
• Recent Board approved amendments (i.e., Private Property Rights & Finished Floor Ratio in PUD); and
• A portion of the currently adopted Conservation Element (Objectives 4, 8 & 11) which were inadvertently omitted from the transmittal package; and
• Changes to the portions of Costal Management Element which were affected by the new Peril of Flood policies.
Additions to the Comprehensive Plan are shown as underlined and deletions are shown as strikethrough.
On January 10, 2022, the Planning and Zoning Board heard the request and unanimously recommended approval as presented.
Clerk to the Board Instructions:
Once the Ordinance is filed with the State, please return a copy to Planning and Development.