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HomeMy WebLinkAboutDocumentation_Environmental Advisory Committee_Tab 05_1/12/2022Agenda Item #5. Environmental Advisory Committee (EAC) STAFF MEMO Meeting: Environmental Advisory Committee (EAC) - Jan 12 2022 Staff Contact: Thomas Bradford, EAC Chair Department: Environmental Advisory Committee Consideration of Approval of Requested Changes to the Draft Recommendations Submitted to the EAC on December 8, 2021, to the Conservation Element, v2 of the VOT Comprehensive Plan for Consideration of the Village Council and Staff SUMMARY: 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. Requested Changes to the Draft Recommendations Submitted to the EAC on December 8, 2021, to the Conservation Memo 011222Element, v2 of the VOT Comprehensive Plan Page 79 of 95 Agenda Item #5. Village of Tequesta Environmental Advisory Committee Memo To: Environmental Advisory Committee Members From: Thomas G. Bradford, Chair, EAC cc: NA Date: January 5, 2022 Re: Consideration of Approval of Requested Changes to the Draft Recommendations Submitted to the EAC on December 8, 2021, to the Conservation Element, v2 of the VOT Comprehensive Plan for Consideration of the Village Council and Staff If you recall, there were some changes that the EAC wanted to the suggested changes in the backup memo for those goals, objectives and policies in v2 of the EAC Conservation Element review in December. Per my notes, the changes requested are as follows: 1) Objective 1.7.0 — EAC stated - Fine as written. 2) Objective 1.10.0 -EAC requested -Add language for the policy to require re -building done to the up-to-date Code? Did you want the Objective to be changed or my proposed option for Village Council consideration to be changed. o Objective 1.10.0 reads: "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." o I wrote: EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: "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 can be implemented in an orderly and affordable manner." Page 80 of 95 Agenda Item #5. o If you want the "policy" to require re -building to be done pursuant to a new "resilient code" should we propose the new revised verbiage to be written as follows? o Objective 1.10.0 reads: "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 and require all new construction, renovations, and post storm event re -building to be built to the new, more stringent resiliency -code." If you want my proposed EAC recommendation to change it would read something like this: "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 can be implemented in an orderly and affordable manner pursuant to a future more resilient construction and/or zoning code for adaptation to rising sea levels." 3) Policy 1.10.1—Per my notes, EAC said, delete "all," delete "EAC." o This policy reads: "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." o I wrote: "The Village Council should adopt all -climate change mitigation strategies the meets for the Village to be done independently and or in conjunction other agencies, local governments and the private sector." o Is the above re -write, with strikethroughs, what the EAC wanted? 4) Policy 1.10.2 — Per my notes, "use Bob's suggested written language." o The policy reads: "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." o I suggested we tell the Village Council: "The Village Council should consider adopting the Southeast Florida Regional Climate Change Compact Mayors' Climate Action Pledge." o Bob Shaw's proposed language reads:" "The Village Council should consider working with Palm Beach County's Office of Resilience and the Southeast Florida Regional Climate Change Compact (the Compact) and should consider utilization of the Compact's guiding tool — The Regional Climate Action Plan (RCAP). RECAP is an online tool which is meant to serve municipal and county local governments. It provides a set of recommendations, guidelines for implementation, and shared best practices for actions to; reduce greenhouse gas emissions, implement adaption strategies and build climate resilience." 2 Page 81 of 95 Agenda Item #5. Whatever the EAC approves above will be incorporated into that which appears below for the Conservation Element v2 review and will ultimately be provided to the Village with our collective recommendations on every Element of the current adopted Comprehensive Plan. 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: 3 Page 82 of 95 Agenda Item #5. 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. 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 4 Page 83 of 95 Agenda Item #5. 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? 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 5 Page 84 of 95 Agenda Item #5. 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. The first step in this process for a 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. https://www.townofpalmbeach.com/DocumentCenterIViewl15114/Level-Up-Palm-Beach---Final-Report-Draft---August-2021 " 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. 1.1 Page 85 of 95 Agenda Item #5. 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 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 7 Page 86 of 95