HomeMy WebLinkAboutDocumentation_Environmental Advisory Committee_Tab 04_4/13/2022Agenda Item #4.
Environmental Advisory Committee (EAC)
STAFF MEMO
Meeting: Environmental Advisory Committee (EAC) - Apr 13 2022
Staff Contact: Thomas Bradford, EAC Chair Department: Environmental Advisory
Committee
Draft Recommendations to the EAC on the Conservation Element, v5 of the VOT Comprehensive Plan
for Consideration of the Village Council and Staff
SUMMARY: '04
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Backup Memo Conservation Ele Sub Ele v5 041322
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Agenda Item #4.
Village of Tequesta
Environmental Advisory
Committee
Memo
To: Environmental Advisory Committee Members
From: Thomas G. Bradford, Chair, EAC
cc: NA
Date: April 6, 2022
Re: Draft Recommendations to the EAC on the Conservation Element, v5 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, v5 and possibly more. In order to keep the review process manageable
only one of the phases will be reviewed at each EAC meeting. This memo addresses v5.
Items usually 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 III 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 or more of EAC meetings to keep it manageable. This
equates to approximately 22 items to comment on per month. TGB comments are my thoughts on
the item. EAC proposed Options are my suggestions of what we should tell the Village about the
item.
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
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Agenda Item #4.
recommendation to the Village Council and staff. The link to the VOT Comprehensive Plan is as
follows:
http://tequesta.org/84/Community-Development
Pertinent sections pertaining to environmental issues within the Conservation Element, v4, of the
VOT Comprehensive Plan and my comments are as follows:
CONSERVATION ELEMENT
Policy: 2.11.9- No dredging or filling shall be permitted within mangrove and wetland areas or on
seagrass beds in the Village unless project alternatives that would avoid mangrove, wetland and
seagrass impacts are unavailable and sufficient mitigation is provided by the applicant to offset
adverse impacts. For purposes of this policy, sufficient mitigation is as required by Sections
403.9321-403.9333 the Mangrove Trimming and Preservation Act. It is intended that all standards
in these citations are to apply to all new development and redevelopment and that any exemptions
or exceptions in these citations, including project size thresholds, are not applicable
TGB Comment to EAC: The Florida Department of Environmental Protection has not delegated
authority for Tequesta to regulate mangrove trimming or relocation. I'm not sure why they go into
this level of detail. See this link:
https://Iibrary.municode.com/fl/tquesta/codes/code_of ordinances?nodeld=PTIICOOR_CH50N
AREPR ARTIIIRE SS50-71--50-100RE
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o This Comprehensive Plan element should state that the VOT has no delegated authority for
mangrove regulation and that trimming and alteration permits should be sought from the
FDEP.
o The Village Building Department website should indicate that mangrove trimming and
alteration permits must be obtained from FDEP with a telephone number and email address
to FDEP provided.
o Periodically, the Village should send the Code Enforcement Officer to an FDEP
Mangrove Trimming and Regulation Workshop to become familiarized with all
mangrove issues.
Policy 2.11.10 - Drain fields for septic tanks shall not be permitted in mangrove and wetlands
areas.
TGB Comment to EAC: I don't think there are any septic tanks left in the VOT and noe are likely
to ever be permitted. I guess it is OK to leave this to be safe.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o No change is recommended for this policy.
E
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Agenda Item #4.
Policy: 2.11.11- Graywater discharge shall not be permitted in mangrove and wetlands areas
except as may be required by the Loxahatchee River Environmental Control District (LRECD)
and as permitted pursuant to Sections 403.9321-403.9333 the 1Glangrove Trimming and
Preservation Act and with Village approval.
TGB Comment to EAC: Not likely that graywater would be discharged in mangrove areas. Soil is
a filter for an extra level of protection from graywater content.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o No change is recommended for this policy.
Policy: 2.11.12 - Require a buffer zone of native upland edge vegetation around mangrove and
wetland areas to protect these areas from the impacts, including stormwater runoff, of adjacent
development. The buffer zone shall consist of preserved native vegetation, including canopy,
understory and ground cover. If there is no native vegetation on the site, a planted vegetative buffer
shall be required. The buffer zone shall begin at the upland limit of any mangrove or wetland area,
including the transitional vegetation zone, and shall be no less than twenty-five (25) feet in width
at any point unless otherwise not achievable due to platting, right-of-way easements, utility
easements, or existing access easements existing at the time of adoption of this comprehensive
plan.
TGB Comment to EAC: This sounds good, but is it practical to have a 25-foot vegetated buffer
at a single-family home in Tequesta on the water with mangroves? For example, this is about
25% of the depth of a typical lot in the Tequesta Country Club Community. This also conflicts
with the Code of Ordinances at Sec, 78 -395, (b) - Shoreline considerations, which reads:
"(b) A mandatory ten -foot low maintenance zone is required, from any pond, stream, water
course, lake, wetland or from the top of a seawall. A swale/berm system is recommended for
installation at the landward edge of the low maintenance zone to capture and filter runoff. No
mowed or cut vegetative material shall be deposited or left remaining in this zone or deposited
in the water. Care should be taken to prevent the over -spray of aquatic weed products in this
zone." This means that where there are no mangroves on a portion of your property the buffer is
ten feet, but if mangroves are sporadically adjacent to your property the buffer is 25 feet. This
will result in an undulating vegetative buffer zone.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Correct any inconsistency between Code and Comprehensive Plan.
o Define "vegetative buffer." Will only sod suffice?
K,
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Agenda Item #4.
Policy: 2.11.13 - The Village shall continue to implement the Wetlands Protection Section of the
Palm Beach County Unified Land Development Code and shall continue to review and comment
on wetland alteration applications being reviewed by other agencies to ensure that no activity
results in the net loss of wetland values and functions. Ensure that the following steps are taken,
in order, when assessing proposed activities that may result in wetlands impact: 1. Avoidance of
wetland impacts, 2. Minimization of unavoidable wetlands impacts and 3. Compensation for
wetland impacts through mitigation; Require, for any wetland that is degraded or destroyed, that
mitigation be provided through the creation of new wetland habitat, through the restoration of
degraded habitat, or through the enhancement of functions and values provided by existing habitat.
Mitigation efforts that include creating new wetland habitat shall be designed, constructed, and
maintained in a manner which will reflect the habitat being altered, degraded or destroyed;
Designate appropriate and inappropriate uses for wetlands, including the use of wetlands for
wastewater treatment, to ensure that the functions and values of existing wetland systems are
maintained or enhanced; do not allow activities that would diminish the functions and values of
wetlands by altering the quantity or timing if water availability to existing wetlands or altering
their water regimes; Require, when reviewing development activities adjacent to or within wetland
areas, that a buffer zone of native vegetation, which may include canopy, understory and ground
cover, as appropriate, be provided and maintained around all wetlands. The area requirements for
the buffer zone shall be consistent with the Treasure Coast Strategic Regional Policy Plan; and
support wetland creation, restoration, enhancement, and preservation and shall encourage public
and private sector initiatives for these efforts.
TGB Comment to EAC: Sounds OK to me, but I don't think there are any wetlands left in Tequesta.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o No changes recommended.
Policy: 2.11.15 - The Village shall conserve and protect wetlands by directing incompatible future
land uses away from wetlands; or where incompatible uses are allowed, mitigation shall be a means
to compensate for loss of wetlands functions and consistent with Policy 2.13.4 of this element.
TGB Comment to EAC: Sounds OK to me, but I don't think there are any wetlands left in Tequesta
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o No changes recommended.
Objective: 2.12. D - The Village shall implement measures to identify and protect native wildlife
and their habitats, including state and federally protected plant and animal species (endangered,
4
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Agenda Item #4.
threatened and species of special concern), within proposed development sites, and protect these
natural resources from the impacts of development.
TGB Comment to EAC: Sounds OK to me, but will VOT do this if the Bureau of Land
Management tries to develop their land for interpretive centers and such on the north side of Beach
Road? Will they do this to protect the dunes and hammock when Palm Beach County decides to
develop the remainder of the vacant land to the south of the current Coral Cove Park footprint?
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Fine as written.
Policy: 2.12.1- Require the evaluation and proper management of native wildlife and vegetative
communities including endangered, threatened, and species of special concern by requiring that
all proposed development sites of 5 acres or more, regardless of use, be surveyed by an ecologist,
biologist or other similar professional for the presence of State and federally protected plant and
animal species. Criteria for site surveys shall be specified in the Village's land development
regulations and are to be professionally accepted techniques for such surveys. Site surveys shall
address the size and distribution of the native habitat, wildlife and listed species populations within
a proposed development site, the feasibility and viability of on -site protection and management,
whether the proposed development site includes a wildlife corridor, and the feasibility of
maintaining the wildlife corridor. The survey shall also address the appropriateness of mitigation
to an acceptable off -site location in the event that on -site mitigation is shown to be ineffective.
Protection of any wildlife and protected plant and animal species found on the site and their habitat
will be required as part of the overall development plan submitted for development approval.
TGB Comment to EAC: They really do need an Environmental Specialist to be part of the
development review process and the Development Review Committee.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o An Environmental Specialist as a consultant should be required for the Development
Review Conunittee and its process for every project, not just those 5 acres or greater.
Policy: 2.12.2 - The Village shall request the assistance of the U.S. Fish and Wildlife Service, the
Florida Game and Fresh Water Fish Commission, Florida Department of Environmental
Protection, or other applicable state or federal agency in the implementation of recovery programs
for state and federally protected plant and animal species as part of the development plan for sites
5
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Agenda Item #4.
of 5 acres or more in size; or for sites less than 5 acres that are identified by state or federal
agencies.
TGB Comment to EAC: Sounds fine.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
c Fine as written.
Policy: 2.12.3 - For development on sites less than 5 acres the Village's land development
regulations shall require the retention and use of native vegetation on -site to fulfill part of the
landscaping requirements; require the protection of specimen trees (specimen trees shall be defined
as those trees which have a diameter at breast height (dbh) of twelve inches or more); require the
use of tree protection barriers during the time heavy construction equipment is used on -site for
land clearing and delivery of building materials; and, require site development design using such
techniques as clustering and locating driveways and roadways on the least environmental sensitive
portion of the site.
TGB Comment to EAC: Good
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Fine as written.
Objective: 2.13.0 - The Village shall require the conservation and use of native plant species in the
developed landscape and prohibit the spread of exotic nuisance species such as Australian pines,
melaleuca, Brazilian pepper and other species as set forth on the most current list supplied by Palm
Beach County.
TGB Comment to EAC: This intent is good, but note the difference in the size of the current list
from Palm County compared to that shown in the South Florida Water Management District Water
Wise Guide pages 16 and 17.
https://discover.pbc og v.org/ermIPublications/PaImBeachCouniylnvasivePlantSpeciesList.pdf#se
arch=Invasive%20species%201ist
https://www.sfwmd.i4ov/sites/default/files/documents/wwO waterwise all.pdf
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
C
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Agenda Item #4.
o Consider using the most comprehensive list of non-native invasive species to not be
allowed; Palm Beach County's current list or the SFWMD Water Wise Guide pages 16
and 17.
Policy:2.13.1- The Village shall require the use of native plant species in the landscaping of new
development projects and additions to existing projects and require the removal of exotic nuisance
plants from the sites of new development.
TGB Comment to EAC: Good. This is required by Code at Sec. 78-402, (5) - Landscaping on
single-family and duplex lots.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Fine as written.
Policy: 2.13.2- The Village shall maintain and distribute a recommended native plant list and other
educational materials to increase public awareness of the need to utilize native plant species in the
developed landscape and eliminate exotic nuisance plants from exiting developed areas.
TGB Comment to EAC: OK. Let's start that with the next edition of Smoke Signals.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Use Smoke Signals to comply with this policy.
Policy: 2.13.4 - The Village shall maintain its program to plant native trees in public rights of -way
and other public lands, whenever practical, thereby adding to the Village's aesthetic appeal and
providing habitat for urban wildlife.
TGB Comment to EAC: Amen, but it has not been expanded for over 25 years.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Add streetscapes to the VOT 5-Year Capital Improvement Plan (CIP) so that funds are
budgeted and set aside to expand the native street tree canopy. Adopt the proposed Trees
for Tequesta program
Policy: 2.13.5- The Village shall develop programs on Village -owned or leased lands to eliminate
exotic nuisance plant species.
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Agenda Item #4.
TGB Comment to EAC: Start with Tequesta Park.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Admirable policy. Start removal of exotic nuisance plants on a regular basis starting with
Tequesta Park.
Objective: 2.14.0 - The Village shall seek to reduce greenhouse gas emissions and conserve energy
resources.
TGB Comment to EAC: They are trying, but only scratching the surface.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Add hybrids and EV's to the vehicle fleet.
o Install public EV charging stations.
o Add solar power to the Water Plant, Village Hall, the Recreation Center and the Public
Safety Building.
o Implement the recommendations that result from the ICLEI and its Clear Path tool for
determining the VOT Carbon Footprint for a GHG Reduction Plan.
Policy: 2.14.1- The Village shall promote mixed use development, defined as a mixture of
residential and non-residential land uses in a design -unified, pedestrian friendly environment with
multi -modal transportation connectivity to other areas, at appropriate locations. A major purpose
of mixed -use development shall be to provide opportunities to live, work, shop and recreate in a
walkable area, and to reduce automobile dependence and greenhouse gas emissions.
TGB Comment to EAC: This is a good idea. However, in the past evidence suggests that the VOT
did not adhere to the mixed -use zoning district requirements for some developments located
therein.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Promote the mixed -use concept and enforce the Mixed -Use Zoning District requirements.
Policy:2.14.2 - The Village shall encourage the implementation of low impact development
techniques and green building standards that reduce the negative environmental impacts of
development and redevelopment by: locating building sites away from environmentally sensitive
areas; promoting the preservation of natural resources; providing for on -site mitigation of impacts
(i.e. retention and treatment of stormwater runoff, water reuse, Master Stormwater Management
Systems); promoting energy conservation through design, landscaping and building techniques
0
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Agenda Item #4.
(i.e. solar power, increased tree canopies); promoting water conservation through landscaping and
building design; ensuring environmentally friendly building practices (i.e. use of environmentally
friendly building materials, recycled materials), and; considering the development of a Green
Building Ordinance and a related LEED or similar Certification Program for development and
redevelopment, including the development of a Neighborhood Development Rating System that
integrates the principles of smart growth, urbanism and green building into a national system for
neighborhood design.
TGB Comment to EAC: The EAC should help them with this policy of encouraging green building
standards, including the development of a Green Building Ordinance and a related LEED
Certification Program and perhaps a Neighborhood Development Rating System, none of which
has never been implemented.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o The VOT should proceed with this policy ASAP before the onslaught of redevelopment
overtakes this Village. Most of this can be taken off the shelf and placed on the books
quickly. No need to reinvent the wheel.
Policy: 214.3- The Village shall seek to limit greenhouse gas emissions through the
implementation of strategies to reduce the number of vehicle miles travelled. These strategies may
include but not be the promotion of mixed -use development that provides for a mixture of
residential and non-residential land uses in a pedestrian friendly environment with multi -modal
transportation connectivity to other areas; promoting the use of alternate transportation modes as
specified herein, including mass transit, bicycles, and pedestrianism, and; requiring Transportation
Demand Management Programs as a condition for development approvals.
TGB Comment to EAC: We have been trying to get this going since the EAC was created.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Step 1- facilitate walking and bicycling by having a coordinated sidewalk or pathway
program and by planting trees to provide shade, which facilitates these alternative forms of
transport while simultaneously reducing GHG in the atmosphere. Step 2- try implementing
as a pilot program one of the Transportation Demand Management Programs the EAC has
recommend to the Village.
M
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