HomeMy WebLinkAboutDocumentation_Environmental Advisory Committee_Tab 08_9/8/2021Agenda Item #8.
Environmental Advisory Committee (EAC)
STAFF MEMO
Meeting: Environmental Advisory Committee (EAC) - Sep 08 2021
Staff Contact: Thomas Bradford, EAC Chair Department: Environmental Advisory
Committee
Draft Recommendations to the EAC on the Conservation Element, v1, of the Comprehensive Plan for
Consideration of the Village Council and Staff Per Request of EAC Members
SUMMARY: '04
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Backup Memo Conservation Ele Sub Ele v1 090821
Page 45 of 56
Agenda Item #8.
Village of Tequesta
Environmental Advisory
Conunittee
Memo
To: Environmental Advisory Committee Members
From: Thomas G. Bradford, Chair, EACIR
cc: NA
Date: September 1, 2021
Re: Draft Recommendations to the EAC on the Conservation Element,vI of the VOT
Comprehensive Plan for Consideration of the Village Council and Staff
VOT Resolution No. 24-19, which created the EAC, requires the EAC "...to within the bounds of
the Village's Comprehensive Development Plan, develop recommendations for goals, objectives
and policies relative to sustainingproving the environment of the Village of Tequesta." To
this end, the EAC is now reviewing the Conservation Element of the VOT Comprehensive Plan in
five phases, vl, v2, v3, v4, and v5. In order to keep the review process manageable only one of
the phases will be reviewed at each EAC meeting. This memo addresses vl.
Items highlighted in yellow are noted places where an environmental matter is stated in the
Element. However, in this case, every Goal, Objective, and Policy in the Conservation Element is
an environmental matter making highlighting unnecessary. There I I I combined Goals, Objectives
and Policies to be commented on in this Conservation Element. I will try to break this down into
5 separate parts over 5 months of EAC meetings to keep it manageable. This equates to
approximately 22 items to comment on per month.
You are encouraged to review the Element or sub -element and propose where you see
environmental issues requiring EAC review potentially overlooked in this memorandum or make
suggestions on how to modify or add to the comments and options provided herein to consider for
recommendation to the Village Council and staff. The link to the VOT Comprehensive Plan is as
follows:
Page 46 of 56
Agenda Item #8.
hiip://tequesta.org/84/Communiiy-Development
Pertinent sections pertaining to environmental issues within the Conservation Element, vl, of the
VOT Comprehensive Plan and my comments are as follows:
CONSERVATION ELEMENT
Goal: 1.0.0 - Sustainable growth and development will be accommodated in the Village of
Tequesta without compromising the biodiversity and intrinsic value of its natural resources
through conservation, protection, enhancement, and management of these resources to ensure a
high -quality natural environment.
TGB Comment to EAC: A sustainable city concept incorporates eco-friendly practices, green
spaces and supporting technology into the urban environment to reduce air pollution and CO2
emissions, enhance air quality, and protect natural resources. Sustainable cities are becoming
essential in the quest to reverse global climate change.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Get serious about eco-friendly practices, green spaces and supporting technology into the
urban environment to reduce air pollution and CO2 emissions (public charging stations for
EV), enhance air quality (migrate vehicle fleet to EV and consider implementing pilot for
micro -transit) , protect natural resources (eliminate unfiltered discharges into the River,
preserve parks and open space controlled by the VOT), and take affordable steps to reduce
the causes of climate change (plant trees and add streetscapes; reduce energy consumption),
many of which have already been recommended by the EAC.
Objective: 1.1.0 - The Village shall manage growth and development to ensure that air quality
within the Village shall meet or exceed the minimum air quality standards in compliance with the
National Ambient Air Standards.
TGB Comment to EAC: We have been down this path before.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Plant trees
o Install public EV charging stations
o Migrate VOT vehicle fleet to EV
o Do a pilot for micro -transit and/or extend public bus service to Tequesta
o Reduce VOT energy consumption from non-renewable sources
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Agenda Item #8.
o Introduce use of solar and wind sources to augment or replace unsustainable energy sources
with sustainable energy sources.
o Require all new development, including single-family homes to provide for onsite EV
charging.
o Require all new commercial and multi -family developments to have onsite bicycle parking
facilities
Policy: 1.1.1 - Continue to landscape public areas and continue to require landscaping as a part of
new private development.
TGB Comment to EAC: This seems like stating the obvious, but this language is another reason
why the VOT should be pushing forward with streetscapes and tree planting programs.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Require maximum planting of native species.
o Expand streetscapes to reduce carbon and facilitate pedestrian, bicycle and other forms of
transportation by expanding the provision of shade.
Policy: 1.1.2 - The Village shall cooperate with Florida Department of Environmental Protection
(FDEP) and U.S. Environmental Protection Agency (EPA) in the efforts of these agencies to
enforce all standards and regulations pertaining to the maintenance of air quality standards.
TGB Comment to EAC: Didn't know we had a choice.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Take steps now as indicated and recommended herein to do our part to avoid having
mandates imposed on the VOT and the region by FDEP or the EPA for any future local or
regional violations of air quality standards.
Policy: 1.1.3 - Applicable FDEP and EPA permits for required pollution control devices shall be
obtained prior to construction of any project receiving a building permit.
TGB Comment to EAC: Of course, the VOT has to comply with the law.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Ensure VOT staff are fully trained and cognizant of all pollution control mechanisms that
are required for any type of construction.
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Agenda Item #8.
Policy: 1.1.4 - The Village shall require all land areas exposed during construction be treated with
mulch, spray, grass or other appropriate methods to minimize air pollution.
TGB Comment to EAC: Based on what I have seen, I don't think this is being done.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Start with the basics by adopting this type of Code:
hqps:HlibLaa.municode.com/fl/palm of ordinances?nodeld=PTI1CO
OR CH42EN ARTIVSMODFUDUBLSA
o The VOT has a somewhat limited ordinance in this regard, which highlights concerns from
wind at dry times. See link:
https://Iibrga.municode.com/fl/tequesta/codes/code of ordinances?nodeld=PTIICOOR_
CH14BUBURE ARTIINGE 514-3CODUBLSA
o A more modern, comprehensive approach can be found by incorporating the pertinent
information found in the following EPA document. See link:
https://www.epa.gov/sites/default/files/2015-10/documents/Myer uide.pdf
o Alternatively, incorporate all FDEP BMPs noted in the document referenced below
pertaining to:
1. Pollution prevention control BMPs
2. Erosion and sediment control BMPs
3. Stabilization Measures
4. Structural Practices
5. Sediment basin requirements
6. Permanent stormwater management controls
7. Dewatering BMPs
These and other FDEP required BMPs and activities can be found in this document:
hi!ps:Hfloridadep.gov/sites/default/files/Construction_ Generic_ Permit_O.pdf
Policy: 1.1.5 - The Village shall reduce the potential for vehicular emissions pollution by the
following means:
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Agenda Item #8.
(a) Adopt and enforce provisions of the Tree Protection Ordinance to protect and enhance the tree
canopy to filter, collect and absorb airborne pollutants;
(b) Provide more opportunities for alternative transportation modes and support Complete Streets
principles.
(c) Require the installation of bicycle racks in all new nonresidential projects requiring, at a
minimum, 20 or more parking spaces and the construction of pedestrian sidewalks in multi -family
and commercial projects.
(d) Provide where feasible bicycle racks in public parking facilities.
(e) Support the expansion of transit service and promote the expansion of bicycle lanes, bicycle
and pedestrian paths throughout the Village.
TGB Comment to EAC: Not bad, but I would go a step further. See below.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o For item "C" above delete the following words "nonresidential" and "...requiring, at a
minimum, 20 or more parking spaces..." Thus, all new multi -family and commercial
development would be required to have both bicycle racks and sidewalks.
Objective: 1.2.0 - Require future development to restrict off -site runoff of stormwater pollutants
in accordance with drainage criteria established by the South Florida Water Management District
and the Urban Best Management Practices established by area wide plans.
TGB Comment to EAC: The SFWMD ENVIRONMENTAL RESOURCE PERMIT
APPLICANT'S HANDBOOK VOLUME II, states at Section 3.3 on page 11, that "Applicants are
advised that local drainage districts or local governments may require more stringent design storm
criteria." See link:
https://www.sfwmd.gov/sites/default/files/documents/swerp applicants handbook vol ii.pdf
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Simplify by just requiring new development t maintain the first 2 inches on site. See
ordinance were this is done:
https://library.municode.com/fl/palm_ beach/codes/code_of ordinances?nodeld=PTIICO
OR CH3000COMASY ARTIIICORE DIV2ADLESECOMA S30-114DR
o The SFWMD technical publication entitled Best Management Practices for South Florida
Urban Stormwater Management Systems, page 17, states that "the more publicly accepted
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Agenda Item #8.
the BMP, the better chance it has for success. This is crucial when referring to nonstructural
BMPs where a change in cultural practices is necessary. Structural BMPs require that the
owner/operator be comfortable with project requirements before construction begins. A
structural BMP will not perform as designed if it is not maintained properly. Therefore, a
long-term commitment is needed. Community involvement should be promoted to support
pollution control initiatives. Active participation can be encouraged by defining problems
clearly and outlining measures to solve them. A BMP program should incorporate the
following guidelines:
1. Reflect the characteristics of the community
2. Acknowledge community priorities
3. Heighten awareness about the program/problem
4. Provide clear, concise information
5. Explain what each individual must do
6. Give the individual an easy way to do the task
7. Monitor the program and gain feedback"
See link: https://www.sfwmd.gov/sites/default/files/documents/bmp manual.pdf
Policy: 1.2.1 - The Village shall maintain on -site stormwater retention/detention criteria
established by Chapter 62-302, F.A.C. and as administered by the South Florida Water
Management District and Palm Beach County as part of its land development regulations.
TGB Comment to EAC: Why only the "on -site stormwater retention/detention criteria?" We have
to comply with all applicable sections. See link:
https://www.flrules.org/ ag teway/ChgpterHome.asp?Chapter=62-302
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o The Village has to comply with every applicable aspect of the Chapter 62-302, not just
"on -site stormwater retention/detention criteria."
Objective: 1.3.0 - The Village shall continue implementing Florida Friendly Landscaping
regulations that provide for the preservation of a minimum 50% native vegetation that is
indigenous to South Florida on all new development and re -development sites.
TGB Comment to EAC: This is in the VOT Code. Is a 50% minimum sufficient?
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Consider increasing the Florida Friendly Landscaping minimum to more than 50%. 60%
to 75% may be acceptable and still allow for design flexibility.
0
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Agenda Item #8.
Policy: 1.3.1 - The Village shall support the U.S. Department of Interior, Bureau of Land
Management/ Palm Beach County Environmental Resource Management Department Land
Stewardship Memorandum of Understanding, to provide for joint management of the Jupiter Inlet
Lighthouse Outstanding Natural Area. The Village shall support preservation of native plant and
animal species on Eco-Site #61, a 49.9acre parcel located east of US-1 and north of County Road
707 (Beach Road) within the Village boundaries, as a component of this effort.
TGB Comment to EAC: Seems to be OK.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Yes, continue to support preservation of native plant and animal species on Eco-Site #61
Policy: 1.3.2 - Continue to review all development applications in the context of the pervious cover
and landscaping provisions of the development code; be particularly diligent in the review of any
coastal zone projects such as any development in mangrove areas.
TGB Comment to EAC: Fine, but please ensure single-family homes are reviewed with the same
scrutiny as new commercial and multi -family development.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Develop procedures to modify the VOT Stormwater Utility assessments for properties that
increase pervious area within the confines of the Code allowances when re -developed, but
when same is allowed by Code and causes the need for placement into a higher EBU
assessment category that the higher cost assessment is implemented per the annual
assessment process and with a prorated mid -year adjustment charge to the property owner
to be paid as a condition of permit issuance.
Policy: 1.3.3 - Work with Palm Beach County and State Park officials to assure that any park
improvements are sensitive to the mangrove and other vegetative/wildlife/marine habitats.
TGB Comment to EAC: Would this also apply to Tequesta Park?
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Seek to maintain the existing footprint for any improvements to Tequesta Park with the
approval of the Division of State Lands, Florida Department of Environmental Protection.
Objective: 1.4.0 - The Village shall require preservation of existing mangroves except where the
proposed use is for a water -dependent or water -related land use deemed to be in the public interest
in its mangrove protection regulations.
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Agenda Item #8.
TGB Comment to EAC: The "public interest" is a broad statement. Are we going to allow removal
of mangroves so the public can have unfettered access to the Intercoastal Waterway at Coral Cove
Park? Would that be in the public interest, but to the detriment of wildlife and shoreline erosion?
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Rewrite Objective: 1.4.0 to read "The Village shall require preservation of existing
mangroves in its mangrove protection regulations."
Policy: 1.4.1 - The Village shall require preservation or mangrove mitigation (i.e., replanting)
through implementation of its adopted mangrove regulations.
TGB Comment to EAC: Tequesta's mangrove regulations are located in Sec. 50-101 of the VOT
Code of Ordinances. All mangrove regulation has been turned over to the State. See link:
https:Hlibrary.municode.com/fl/tequesta/codes/code
AREPR ARTIVMAPR D S50-101FLMATRPRACA
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o The VOT Code should indicate that the Village requires preservation or mangrove
mitigation (i.e., replanting) so that the reader of the Code knows this before they pursue a
permit from the State.
Policy: 1.4.2 - Discourage development in coastal mangrove systems, except in cases shown by
assessment of all pertinent factors to be not contrary to the public interest.
TGB Comment to EAC: Why not disallow all development in coastal mangrove systems?
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Change Policy: 1.4.3 to read "Development in coastal mangrove systems shall not be
allowed, except in cases shown by assessment of all pertinent factors to be not contrary to
the public interest."
Policy: 1.4.3 - Notwithstanding the intent of Objective 1.4.0 of this element, the Village shall
continue to restrict public works projects from disturbing existing mangroves except where such
work is essential to the continued health, safety and welfare of the public.
TGB Comment to EAC: Why not just follow State law?
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
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Agenda Item #8.
o Rewrite Policy: 1.4.3 to read- "The Village shall continue to restrict public works projects
from disturbing existing mangroves except where such work is essential to the continued
health, safety and welfare of the public and approved by FDEP."
Objective: 1.5.0 - The Village shall protect natural wildlife areas and environmentally sensitive
lands by implementing the following policies.
TGB Comment to EAC: OK as is.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o No change required.
Policy: 1.5.1 - Continue to preserve all existing wetland areas identified on the Coastal Zone &
Conservation Map by adopting regulations that require the protection of existing native wetland
vegetation buffers adjacent to the Loxahatchee River and Indian River Lagoon estuaries.
TGB Comment to EAC: The North and Northwest Forks of the Loxahatchee Rive should be
specifically mentioned to avoid any doubt. Where is the ordinance that provides for protection of
existing native wetland vegetation buffers?
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Rewrite Policy 1.5.1 to read "Continue to preserve all existing wetland areas identified on
the Coastal Zone & Conservation Map by adopting regulations that require the protection
of existing native wetland vegetation buffers adjacent to the Loxahatchee River, including
its North and Northwest Forks, and Indian River Lagoon estuaries."
o Adopt an ordinance requiring the protection of existing native wetland vegetation buffers
adjacent to the Loxahatchee River, including its North and Northwest Forks, and Indian
River Lagoon estuaries.
Policy: 1.5.2 - The Village shall restrict development activities that may adversely affect the
survival of endangered and threatened wildlife species and provide for the mitigation of
development impacts on their habitats and food sources by requiring an environmental assessment
at the time of a development or re -development proposal as part of the site plan review process.
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Agenda Item #8.
TGB Comment to EAC: Poorly written. Rewrite in order to eliminate subjective wording like
"restrict" and to require the same earlier at the time of permit application.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Rewrite Policy: 1.5.2 to read - The Villageprohibit development activities that may
adversely affect the survival of either endangered or threatened wildlife species where such
endangered or threatened wildlife species exist. The property owner or developer shall be
required to prepare a mitigation plan for development impacts on wildlife habitats and food
sources where such endangered or threatened wildlife species are known to exist by
preparing an environmental assessment report(EAR) to be submitted to the Village at the
time of permit application for a development or re -development proposal. The EAR is to
be reviewed by staff or Village consultants for preparation of a written finding of
acceptability or unacceptability for Village Council consideration at the site plan review
hearing. All aspects of acceptability or unacceptability relative to the specific proposed
actions in the required EAR, or any best practices not included therewith, shall be
enumerated in the written report prepared by Village staff or consultants. The Village staff
or consultant's written report on the acceptability or unacceptability of the EAR, its
mitigation proposals, and any best practices not included in the EAR, shall be included as
part of the materials to be reviewed by the Village Council in the site plan review process
for the proposed development activity. In the event the Village chooses to use the services
of a consultant to review the required EAR in order to prepare the required written findings
of acceptability or unacceptability, the developer shall pay an additional fee to the Village
to cover 100% the Village costs of the services of the consultant preparin the he required
written findingoptability or unacceptability in regard to the submitted EAR.
Objective: 1.6.0 - All construction activities seaward of the coastal construction control lines
established pursuant to s.161.053, F.S. shall be consistent with chapter 161, F.S.
TGB Comment to EAC: This is the law.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o VOT should continue to abide by Florida law and require all construction activities
pursuant to F.S. 161.053, as amended.
Policy: 1.6.1 - 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.
TGB Comment to EAC: Substitute "shall" for the words `should."
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Agenda Item #8.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Rewrite Policy 1.6.1 to read — "No construction shall be allowed that would threaten the
stability of either the dune systems or the beach itself. All new construction shall be
restricted to areas landward of the primary dune line, except as may be approved by the
state."
Policy: 1.6.2 - 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.
TGB Comment to EAC: Substitute "shall" for the words `should."
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Rewrite Policy: 1.6.2 to read- "The Village shall 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 shall be adhered to
Policy: 1.6.3 - The Village should establish new setback lines in local codes or ordinances if the
state setback lines prove to be inadequate.
TGB Comment to EAC: The word "inadequate" is subjective. This policy should be rewritten.
Also, substitute "shall" for the word `should."
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Rewrite Policy: 1.6.3 to read — "The Village shall establish new setback lines in local codes
or ordinances if the state setback lines prove to be inadequate to protect the stability of
either the dune systems or the beach itself."
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