Recent Appellate Court Opinion & Changing Our LDRs

*Recent Appellate Court Opinion*

Ahead of our usual email for the month, we want to quickly brief you on the appellate opinion that came out Wednesday, February 8th, which held that the Town of Jupiter Island violated state law in enacting Ordinance 376 (amending the Waterfront Setback Line) without proper notice to the public.  A few key points from the decision are included below:  

Changing Our LDRs

Friends and Jupiter Island Residents:

We had a huge turn out at the most recent planning meeting on Land Development Regulations (LDRs) on January 11th. We want to extend our gratitude to those who asked questions and expressed their concerns. Your questions and comments to Tucker Johnson will help to inform decision-making about key issues facing our community. We know that as the demand for housing increases in Florida, the construction and development decisions facing coastal communities like ours are ultimately those decisions that are very hard to undo. For example, it is much easier to revise a noise regulation than guidelines for new construction. 

Below is how Tucker Johnson introduced our most recent LDR meeting, which is a great overview of the process we are undertaking to modify and update the work of the Commission back in 2000.

TUCKER JOHNSON REMARKS /Introduction of January 11th Meeting:
[Johnson begins with reading from the LDRs created in 2000] “Whereas the town commissioned a study to specifically identify emerging development trends that may threaten the town’s community character and to recommend, if necessary, a regulatory approach for protecting the town’s character from emerging threats. 

“Whereas after careful study, the town has identified three principal threats to its community character: an increasing ratio of floor area to lot size; two, placement of buildings and location that exaggerate their impact on neighboring parcels, and public right aways; and three, the development of very large homes. 

“Whereas careful study has revealed the historic pattern of development on Jupiter Island has been at intensities that are less than what is permitted by the land developer regulations. 

“And whereas in light of the emerging development trends, the protection of Jupiter Island’s community character requires that the permitted intensity of development on the island be reduced to a level that is more consistent with the island’s historical development pattern. 

“Whereas regulation of the placement of buildings mass to mitigate impacts on community character is necessary to protect the town’s community character, whereas maximum reduction in the maximum permitted floor area is necessary to protect the town’s community character; 

“Whereas the reductions in floor area ratio to the maximum floor area are set forth here [Johnson breaks from reading the 2000 LDRs to provide his own commentary] and it continues but it really strikes on sort of why we’re here and why here is so good. The previous commission did the work; they studied what existed. The floor area, ratio reduction, square footage of land to area you’re allowed to build was reduced by 40% at that time.

“So it sort of gives you an idea that a lion’s share of work was done and has kept us in pretty good step. And I thought it was positive that they took that step. They did it with workshops and intense interaction with the community and I think that’s the same way we’re going to, as the commission, try to approach our review.”

Considering the context of this LDR review, and the many changes that have taken place here from 2000 to 2023, this is a perfect reflection point to ask ourselves: have we adhered to the principles expressed by the Commission in 2000? Change is coming. It is now estimated that an average of 1,000 people are moving to Florida every day. How does this affect how we keep our Island’s unique character and values? For example, how much density should we tolerate during our part of Florida’s growth? 

Because the full LDR meeting in January was over two hours long, we have provided a brief summary of the significant issues Tucker raised during the meeting below:

• How do we decide on square footage guidelines of land-to-area ratios for building?
  
• Should we streamline the location and design of fire pits, dune crossover decks, water features and ponds?
  
• How do we deal with invasive plant species (do we require one applicant to take out their casuarina trees or their pepper trees and allow another to keep them)?
  
• Should mechanical systems be co-located on the property line where the neighbors agree to it or where two houses are being built?
  
• How do we manage those homes which were built earlier in the Island’s history and have been “grandfathered in”?  
  
• How do we want to deal with new information and concerns about sea level rise? 
  
• Do we want our neighbors when they rebuild to build at a height that is safe in a storm surge?  (How would this affect increased use of fill or raising a home on pilings?)
  
• On construction waivers, how do we create uniform answers on such issues as parking, noise and traffic?
  
• How does “impact review” help find compromise when one neighbor is affected by the new development of another neighbor?
  
• Should we tighten and clarify definitions such as “neighborhood character”?
  
• Should we allow construction year round or strengthen the winter construction regulations?
  
• How should we regulate well drilling?

Jupiter Island residents who spoke up during the LDR meeting also raised the following concerns: 

• How do we increase transparency in how the Town is governed? 
  
• Have the systems gone awry?  Are the Alternative Development Standards construed too liberally so that too many ‘adjustments” are granted?  
  
• Are the LDRs interpreted too liberally?
  
• How do we resolve traffic and road safety issues?
  
• Should the Town continue to issue construction waivers?  If so, who should have the authority and what are the guidelines? Should residents within 1,000 feet be notified and have an opportunity to comment?
  
• How do we resolve the lack of enforcement of code and construction waiver violations?
  
• Should renovation projects be subject to the same regulations as new construction?
  
• Does the building department have too much discretion?
  
• How can we encourage preservation of historic Island houses?

We hope everyone will continue to share their questions and concerns on these critical issues. Our involvement in the LDR process is vital to shaping the future of our beautiful jewel of an Island. 

Sincerely, 

Jupiter Island Forever Leaders

Baby Right Whales!

PS – We also wanted to share with you some exciting new photos of baby Right Whales (below), seen recently off of the east coast of Florida. This species of whale is an endangered species and is the rarest whale in the world! We live in an incredible place. 

(Photos are from Fish and Wildlife Research Institute)