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HomeMy WebLinkAboutDocumentation_Environmental Advisory Committee_Tab 03_12/8/2021Agenda Item #3. Environmental Advisory Committee (EAC) STAFF MEMO Meeting: Environmental Advisory Committee (EAC) -Dec 08 2021 Staff Contact: Thomas Bradford, EAC Chair Department: Environmental Advisory Committee EEW M Draft Recommendations to the EAC on the Conservation Element, v2 of the VOT Comprehensive Plan for Consideration of the Village Council and Staff. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443. Backup Memo Conservation Ele Sub Ele v2 120821 Page 36 of 46 Agenda Item #3. Village of Tequesta Environmental Advisory Committee . V� L To: Environmental Advisory Committee Members From: Thomas G. Bradford, Chair, EAC rR cc: NA Date: December 1, 2021 Re: Draft Recommendations to the EAC on the Conservation Element, v2 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 sustaining and improving 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 Q. Items highlighted in yellow are noted places where an environmental matter is stated in the Element. However, in this case, ever, Goal, Objective, and Policy in the Conservation Element is an environmental matter making highlighting unnecessary. There 111 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: 1 Page 37 of 46 Agenda Item #3. http ://teguesta. org/84/Community-Development .pig � Pertinent sections pertaining to environmental issues within the Conservation Element, v2, of the VOT Comprehensive Plan and my comments are as follows: CONSERVATION ELEMENT Objective: 1.7.0 - The Village shall, through its landscape regulations, require the use of native vegetation to stabilize the dune system identified in the Coastal Zone & Conservation Map as described in the support documentation. TGB Comment to EAC: I do not see any landscape regulations requiring the use of native vegetation to stabilize the dune system identified in the Coastal Zone or Conservation map. In fact, I cannot locate the Coastal Zone, Conservation Zone, or support documentation. Landscape regulations would be in the VOT Code of Ordinances. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o Adopt ordinances modifying the landscape regulations to require the use of native vegetation to stabilize the dune system identified in the Coastal Zone and Conservation Map. o If Tequesta does not have a Conservation Zoning District, why not? Policy: 1.7.1- In the areas where beaches and dunes are being eroded, the Village should continue to encourage a multijurisdictional approach to stabilization and restoration projects, preferably by using native vegetation as a stabilizing medium. TGB Comment to EAC: Yes, help to a minor degree, but the best approach to stabilization where beaches and dunes are historical eroding is regular renourishment of the beach profile and dunes for protection of upland property. Native or non-native plantings have little benefit where rising waters, wave action, and scouring erodes the beach profile. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o Modify this Policy to include support of regular environmentally safe beach renourishment activities by Martin County and the Town of Jupiter Island as the littoral drift will bring the new sand to the south benefiting the Tequesta Atlantic shoreline. Also support Palm Beach County and/or the USACOE renourishment projects designed to benefit Coral Cove Park. RIA Page 38 of 46 Agenda Item #3. Policy: 1.7.2 - Where appropriate, previously disturbed indigenous vegetation areas should be renourished and replanted. TGB Comment to EAC: This is too subjective. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o Re -write Policy 1.7.2 to say: Where new development or land restoration is proposed, previously disturbed indigenous vegetation areas shall be renourished and replanted. Objective: 1.8.0 - The Village shall require the dedication of public access easements for new developments in the coastal area. TGB Comment to EAC: Was this done for Sea Glass? EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o Update the VOT Code of Ordinances to require the dedication of public access easements for new developments in the coastal area. Policy: 1.8.1 - When appropriate, the Village should seek means and innovative techniques to allow proper access to beaches while protecting the integrity of the dune system in such future beach acquisitions. TGB Comment to EAC: This is too subjective. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o Re -write Policy 1.8.1 to read: The Village shall amend its Code of Ordinances to require the use of innovative techniques to allow proper access to beaches while protecting the integrity of the dune system for current and future beach access locations. Objective: 1.9.0 - Prevent certain motorized vehicles from driving on the primary dunes except in emergency situations. TGB Comment to EAC: Why just "primary dunes?" What about the other non -frontal dunes, the hammock area and the beach itself? 3 Page 39 of 46 Agenda Item #3. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o The Village should adopt an ordinance that reads: "Sec. XX-XX. - Motor vehicles. No person shall drive any motor vehicle on, over or across any sand dune, except when authorized in advance by the village's building official to traverse a specific portion of dune in the performance of Village Council approved activities." Policy: 1.9.1 - Village ordinances and regulations should delineate which motorized vehicles are to be prohibited from driving on the primary dunes. TGB Comment to EAC: Only those approved by the Village building official and in conjunction with Village Council approved activities. See proposed ordinance above. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o Only those approved by the Village building official and in conjunction with Village Council approved activities. See proposed ordinance above. Objective: 1.10.0 - Adopt and implement strategies which increase community resiliency and protect property, infrastructure, and cultural and natural resources from the impacts of climate change, including sea level rise, changes in rainfall patterns, and extreme weather events. TGB Comment to EAC: Yes, this is what the EAC has been saying all along. I wrote the following to the EAC on September 21 and copied the Village Council and staff: "If such funding exists on a state or federal level, I think it would behoove the Village Council to seek out such funding as Tequesta is a municipality consisting of three peninsulas surrounded by water on three sides. Tequesta has a grant writer under contract that could be tasked with finding a place (The Florida Department of Environmental Protection and the United States EPA for starters) to pursue such grant funding. It seems to me that the Village would be remiss not to take these initial steps today for protection of life and property. Thefirststep in this processfora community is typically a professional study entitled a "Sea Level Rise Vulnerability Assessment. " Step 2 is a "Coastal Resilience Plan " and Step 3 is the "Coastal Resilience Implementation Plan, " where the Town is today. Steps 2 and 3 can, perhaps be combined, but the point is that everything is done in a systematic and orderly process. The Town's process began with the Vulnerability Assessment request I made to the Town Council in 2017. Thus, it took Palm Beach 4 years to get to this point. Time is of the essence. Palm Beach has not used grant funding to get to this point, but obviously capital project funding is much, much more expensive than planning costs. Tequesta should get started ASAP. I have copied the Village Manager and Village Council on this email. Perhaps he or they will agree and start the ball rolling. A grant may cover 100% of the cost of a vulnerability assessment. hops: //www. townopalmbeach. com/DocumentCenter/View/15114/Level-Up-Palm-Beach---Final-Report-Draft---August-2021 " El Page 40 of 46 Agenda Item #3. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o The Village Council should authorize a Tequesta Sea Level Rise Vulnerability Assessment study immediately so that the planning process that leads to a recommended Tequesta Coastal Resilience Implementation Plan for projects that can be implemented in an orderly and affordable manner. Policy: 1.10.1- The Village of Tequesta shall coordinate with Palm Beach County, other agencies, local governments, and the private sector to develop initiatives and goals to address climate change. TGB Comment to EAC: The EAC is doing this right now. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o The Village Council should adopt all climate change mitigation strategies the EAC recommends for the Village to be done independently and or in conjunction other agencies, local governments and the private sector. Policy: 1.10.2 - The Village of Tequesta shall coordinate with Palm Beach County to integrate consideration of climate change impacts, and adaptation and mitigation strategies, into existing and future system -wide planning, operations, policies, and programs. TGB Comment to EAC: EAC member Robert Shaw recently reached out to Palm Beach County Office of Resilience. This, in part, led him to ICLEI, the Solar Co-op, the Southeast Florida Regional Climate Change Compact, and others. The Southeast Florida Regional Climate Change Compact has three objectives: o Share regional tools and knowledge. The Compact serves to create regional tools and standards, and transfer knowledge to build the local government capacity needed to implement regional climate solutions and avoid duplicative efforts. • Increase public support and political will. Through a unified voice, the Compact provides the nonpartisan credibility, legitimacy, and continuity necessary for meaningful government action to address projected climate impacts. • Coordinate action. The Compact catalyzes and supports the region's coordinated actions to accelerate the pace and impact of efforts that will increase the region's climate resilience. Jupiter and Jupiter Inlet Colony approved the Mayor's Climate Action Pledge. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff 5 Page 41 of 46 Agenda Item #3. are: o The Village Council should consider adopting the Southeast Florida Regional Climate Change Compact Mayors' Climate Action Pledge. Policy: 1.10.3 - The Village of Tequesta shall implement climate change adaptation and mitigation measures to the extent practical. TGB Comment to EAC: One must first have a plan to do so. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o The Village Council should authorize a Tequesta Sea Level Rise Vulnerability Assessment study immediately so that the planning process that leads to a recommended Tequesta Coastal Resilience Implementation Plan for projects that can be implemented in an orderly and affordable manner Policy: 1.10.4 - The Village of Tequesta shall consider the use of mitigation strategies to increase energy efficiency and conservation, and to reduce greenhouse gas emissions. These could include, but are not limited to, land use and transportation strategies such as encouraging compact residential development, providing incentives for mixed use and redevelopment that maximize internal trip capture, improving access to transit, improving non -motorized movement, requiring interconnectivity among adjoining parcels, and providing incentives for green building methods. TGB Comment to EAC: EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: Goal: 2.0.0 - The complete consideration of identified use limitations in future coastal zone planning and management decisions by the Village. TGB Comment to EAC: EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: 0 Page 42 of 46 Agenda Item #3. Objective: 2.1.0 - The Village Code of Ordinances shall provide for the continued conservation and protection of the quality and quantity of waters that flow into estuarine or oceanic waters within its jurisdiction by providing for the review of all development activities in or impacting the coastal area as part of its development review process. TGB Comment to EAC: EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: Policy: 2. L I - The Village shall continue to require, as part of its development review process, the submittal of a drainage/environmental statement describing how the proposed development will affect the estuarine water quality of the Class III waters of the Village by amending its Code of Ordinances. TGB Comment to EAC: EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: Policy: 2.1.2 - The Village shall continue to review all proposed developments within the coastal area for consistency with on -going planning efforts for the Loxahatchee River Estuary and the Indian River Aquatic Lagoon Aquatic Preserve by cooperating with the Palm Beach County Department of Environmental Resource Management and the Florida Department of Environmental Protection. TGB Comment to EAC: EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: 7 Page 43 of 46 Agenda Item #3. Policy: 2.1.3 - The Village shall continue to protect water quality and quantity by restricting activities and land uses known to adversely affect identified water sources such as natural ground water aquifer recharge areas and wellhead protection areas. TGB Comment to EAC: EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: Objective: 2.2.0 - The Village shall recognize the unique estuarine environment of the Indian River Lagoon Aquatic Preserve and prohibit development along its shores that will destroy or disturb the vital sea grasses within its jurisdiction through its Code of Ordinances. TGB Comment to EAC: EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: Policy: 2.2.1 - The Village shall continue to prohibit development or modification of the shoreline within the Indian River Lagoon Aquatic Preserve, with the following exceptions: 1) water - dependent and water -related land uses such as marinas, provided that the siting of such shall be consistent with the Marina Siting ordinance; 2) modification or development deemed necessary for the continued health, safety and welfare of the public. TGB Comment to EAC: EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: Objective: 2.3.0- The Village shall provide for the protection of the Indian River Lagoon Aquatic Preserve by prohibiting development in the area that will degrade or otherwise adversely affect the water quality or wetlands of this unique estuarine environment through its Code of Ordinances. TGB Comment to EAC: EAC Proposed Options: Options to consider for recommendation to the Village Council and staff 0 Page 44 of 46 Agenda Item #3. are: Objective: 2.4.0 -The Village shall encourage local residents within the hurricane flood areas to utilize the flood insurance programs developed by the Federal Insurance Administration, such as the National Flood Insurance Program (NFIP). TGB Comment to EAC: EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: Policy: 2.4.1 - The Village shall continue to make available to Village residents and developers information on flood zones, flood rates and flood insurance. TGB Comment to EAC: EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: 0 Page 45 of 46