Subject:
Title
Transmittal of a Large-Scale Comprehensive Plan Amendment (24LS00001) regarding the Brevard Barrier Island Area (BBIA) as a new element to the Comprehensive Plan under the State Coordinated Review process.
End
Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Board of County Commissioners consider the transmittal of a Large-Scale Comprehensive Plan (text) Amendment regarding the Brevard Barrier Island Area (BBIA), to the State Land Planning Agency (Florida Commerce) under the State Coordinated Review process.
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Summary Explanation and Background:
On July 1, 2023, Florida Statutes Section 380.0553, the State Legislature established the Brevard Barrier Island Area as an Area of Critical State Concern. Section 163.3191, Florida Statutes requires changes in state law to be included in any amendments resulting from the Evaluation and Appraisal Review of the Comprehensive Plan.
Brevard County has contracted with a consultant to identify those goals, objectives, and policies that are necessary to implement the statutory guiding principles of Brevard Barrier Island Area (“BBIA”). These draft goals, objectives, and policies will be incorporated and adopted as a new element, Part XVI, Brevard Barrier Island Area, to the Brevard County Comprehensive Plan.
As part of the legislation, 380.0553 establishes GUIDING PRINCIPLES FOR DEVELOPMENT. -State, regional, and local agencies and units of government in the Brevard Barrier Island Area shall coordinate their plans and conduct their programs and regulatory activities to be consistent with the following guiding principles for development within the area:
a) Preventing the adverse impacts of development on resources critical to sea turtle habitat by prohibiting new shoreline hardening structures and enforcing existing state and county coastal construction regulations.
b) Prioritizing water quality restoration projects in the Indian River Lagoon.
c) Reducing nutrient contributions from septic tanks and wastewater facilities, stormwater discharges, and agriculture nonpoint sources into the Indian River Lagoon.
d) Supporting innovative, nature-based solutions including living shorelines, and freshwater and coastal wetland restoration.
e) Safeguarding against adverse economic, social, environmental, and public health and safety impacts posed by flooding and storm surge by protecting critical assets identified in s. 380.093.
f) Protecting shoreline and marine resources, including mangroves, seagrass beds, wetlands, sea turtles, manatees, and fish and wildlife, and related habitats.
g) Protecting upland resources, including dune ridges, beaches, wildlife, and related habitats.
h) Limiting the adverse impacts of development on the quality of water throughout the Brevard Barrier Island Area and the Indian River Lagoon.
i) Enhancing natural scenic resources to promote the aesthetic benefits of the natural environment.
j) Ensuring that development is compatible with the unique characteristics of the Brevard Barrier Island Area.
This is a two-step process, with the first step being the transmittal to Florida Commerce. The adoption hearing date will be scheduled at future Board meeting date which will allows for county staff and the consultant time to address any comments or responses from any of the state reviewing agencies, prior to adoption by the Board.
Once the Element is adopted, staff, in coordination with the consultant and the Department of Commerce, will review and draft land development regulations as part of the implementation tool for the Area of Critical State Concern.
On August 28, 2024, staff held a public outreach meeting at the South Beaches community center. This meeting was well attended with approximately 254 residents in attendance in person and online. In addition, an online survey and questionnaire was published on the County’s website. Those results are included in this packet. An analysis of public input, through both email and survey, that was received prior to September 6, 2024, is also included for the Board to consider (input received after September 6 can still be considered and is also attached, separate from the analysis).
Public input was primarily focused on key topics such as density and intensity, sea turtle protection and shoreline hardening, clearcutting, conservation, and stormwater management. Below are examples of policies and objectives contained in the Element that address these concerns.
• Density and intensity
o Policy 11.1, Objective 12, Policies 12.1 through 12.12.
• Sea turtle Protection and Shoreline Hardening
o Policies 2.1, 2.2, and 2.4.
• Clearcutting
o Policy 8.1
• Conservation
o Policy 8.2
• Stormwater management
o Policies 3.1, 3.2
Staff has prepared a draft Brevard Barrier Island Element to include Goals, Objectives, and Polices included in the attachments.
On October 14, 2024, the Local Planning Agency (LPA) heard the request and unanimously recommended approval. It should be noted that the LPA recommendation included an “Exhibit 1” circulated by an LPA advisory board member at the meeting. This “Exhibit 1” was not reviewed by staff, was not included in the agenda packet, was not available to other advisory board members in advance of the meeting, and was not seen by the public. The inclusion of “Exhibit 1” would arguably strip existing conditional development rights from some affected properties in a manner not required by Section 380.0553, Florida Statutes, and could result in significant unfounded liability to the County. For these reasons, the requested action before the Board does not include the “Exhibit 1” document appended by the LPA.
Clerk to the Board Instructions:
Have the Vice Chair sign the transmittal letter and return it to Planning and Development.