HomeMy WebLinkAboutDocumentation_Environmental Advisory Committee_Tab 04_11/9/2022Agenda Item #4.
Environmental Advisory Committee (EAC)
STAFF MEMO
Meeting: Environmental Advisory Committee (EAC) -Nov 09 2022
Staff Contact: Thomas Bradford, EAC Chair Department: Environmental Advisory
Committee
MEMENSIL
Draft Recommendations to the EAC on the Coastal Management Element of the VOT Comprehensive
Plan, V1 for Consideration of the Village Council and Staff.
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completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-
0443.
PROJECT NAME: BUDGET: n/a ENCUMBERED: n/a
Proposed:
n/a
Projected Remaining:
n/a
Backup Memo Coastal Management Element, V1 110222
Page 96 of 109
Agenda Item #4.
Village of Tequesta
Envirolunental Advisory
Coinrnittee
Memo
To: Enviromnental Advisory Committee Members
From: Thomas G. Bradford, Chair, EAC rR
Cc: NA
Date: November 2, 2022
Re: Draft Recommendations to the EAC on the Coastal Management Element, v 1, 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 Coastal Management
Element of the VOT Comprehensive Plan in one EAC review. In order to keep the review
process manageable only one of the versions will be reviewed at each EAC meeting if the
Element requires multiple reviews in order to reach completion. This element has 87 goals,
objectives and policies requiring four or more EAC reviews to complete the task. This
review is labeled as " 1."
Items highlighted in yellow are locations in the Element where I noted places where an
environmental matter is stated in the Element that needs attention. Every goal, objective or
policy within the Coastal Management Element is environm, entally related. Therefore, no
highlighting is needed to identify environmental issues. TGB comments are any 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
Page 97 of 109
Agenda Item #4.
"der for recommendat' 1 1 to consi ion to the pillage Co-une'l and staff. Make your comments at
the EAC meeting and then email me your proposed changes for inclusion in the document.
The link to the VOT Comprehensive Plan is as follows-,
hqp;//tequesta. oTg/84/ I Community -Development
Pertinent sections pertaining to environmental issues within the Coastal Management
Element of the VOT Comprehensive Plan and my comments are as follows:
COASTAL MANAGEMENT ELEMENT
Goal.- 1. 0. 0 - Protect, conserve and enhance coastal resources while providing for water -dependent
land -uses in a manner consistent with the general health, safety and welfare of Village residents
and visitors.
TGB Cornment to EAC: Re -write.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are
o Re -write to read: " oal: 1.0.0 - Protect, conserve and enhance coastal resources while
providing for water -dependent land uses in a manner consistent with the general health,
safety and welfare of Village residents and the coastal environment. #9
Policy: 1.1.0 - Protect and enhance coastal and estuarine environmental quality and other natural
resources by maintaining specific ordinances or revising exis-ting code provisions related to water
quality, shoreline stabilization, wetland preservation and wildlife and habitat protection.
TGB Comment to EAC: Fine as written.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are,
o Fine as written.
Policy.- 1.1. 1 - The Village shalt cooperate with agencies and municipalities serving to protect the
resources of the Loxahatchee River and Indian River Lagoon Aquatic Preserve by actively
participating in the development of estuarine policies that are consistent with present management.
TGB Comment to EAC: Re -write to delete "Present management."
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
VA
Page 98 of 109
Agenda Item #4.
c Re -write to read: "Policy: 1. 1. 1 - The Village shall cooperate with agencies and
municipalities serving to protect the resources of the Loxahatchee River and local portions
of the Jensen Beach to Jupiter Inlet Aquatic Preserve by actively participating in the
development of estuarine policies that are consistent with current best coastal management
practices to enhance and improve the quality of the natural resources of the Loxahatchee
River and the local Jensen Beach to Jupiter Inlet Aquatic Preserve."
Policy: 1. 1. 2 Preserve all existing wetland areas identified on the Coastal
Management/Consei-vation M,(-tp by adopting regulations that require the protection of existing,
native wetland vegetation buffers adjacent to the Loxahatchee River and Indian River Lagoon.
Exceptions shall be provided for water -dependent and water -related land uses that have been
determined to be consistent with management plans for these estuaries or when modification of
said wetlands is necessary for the continued health, safety and welfare of the public.
TGB Continent to EACE Where is the Coastal M anagement/Conservat ion Map? Change "'Indian
River Lagoon' to "local Jensen Beach to Jupiter 1nlet Aquatic Preserve." Re -write to eliminate
exceptions.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are*.
Re -Write to read: "Policy.-]. 1.2.- - Preserve all existing wetland areas identified on the
Coastal Man agement/Conservation Map by adopting regulations that require the protection
of existing, native wetland vegetation buffers adjacent to the Loxahatchee River and local
Jensen Beach to Jupiter Inlet Aquatic Preserve."
Objective: 1. 2. 0 - The V i I t ag c s hal I continue to provide for the pro tee ti o n o f c s to arine water qu a t ity
and resources in its Code of Ordinances.
TGB Comment to EAC- Re -write needed.
EAC Proposed Options. Options to consider for recommendation to the Village Council and staff
are*.
o Re -write to read: "Objective: 1.2.0 -The Village shall continue to provide for the protection
of estuarine water quality and resources in its Code of Ordinances and update the Code of
Ordinances periodically to keep up with current best practices in preserving and enhancing
estuarine water quality and estuarine natural resOUrces."
3
Page 99 of 109
Agenda Item #4.
Policy.- 1.2.1 - The Village shall continue to restrict urban stormwater run-off from entering the
Loxahatchee River and Indian River Lagoon estuaries and maintain its landscape regulations to
promote vegetative filtering of stormwater pollutants.
TGB Comment to EEC: A re -write is needed.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
c Re -write to read: "Policy: 1.2.1 - The Village shall continue to restrict urban storinwater
ran -off from entering the. Loxahatchee River and the local Jensen Beach to Jupiter Inlet
Aquatic Preserve estuaries by employing state of the art facilities and practices for runoff
treatment and filtration by maintaining its landscape regulations to promote vegetative
filtering of stormwater pollutants, by promoting its Adopt a Tree program and by Updating
its Code of Ordinances to effectuate implementation of best practices within the Village's
jurisdictional boundaries."
Policy: 1.2.2 - The Village shall cooperate with the Palm Beach County Health Department and
Department of Environmental Resource Management to continue to monitor water quality at
sampling stations located within the Village and shall continue to incorporate substantiated water
quality controls (e.g. drainage) into the development review process to ensure that future
development in the coastal area does not contribute to the degradation of estuarine water quality.
TGB Comment to EAC: Re -write is needed.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
c Re -write to read-. "'Policy: 1.2.2 - The Village shall cooperate with the Palm Beach County
Health Department, Palm Beach County Department of Environmental Resource
Management, the Loxahatchee River Environmental Control District and any state or
federal agency engaged in efforts to monitor water quality at sampling stations located
within the Village and the Village shall continue to incorporate substantiated water quality
controls (e.g. drain acre) into the development review process to ensure that future
developmerit in the coastal area does not contribute to the degradation of estuarine water
quatity.#9
Objective: 1.3.0 - The 'Village shall continue to preserve and protect existing coastal resources
while providing for future water -dependent and water relatcd land uses by implementing the
Policies below.
4
Page 100 of 109
Agenda Item #4.
TGB Comment to EAR': In need of a minor re -write.
EAC Proposed Options: Options to consider for -recommendation to the Village Council and staff
are:
a Re -write to read: "Objective: 1.3.0 - The Village shall continue to preserve, protect and
enhance existing coastal resources by implementing the Policies below.
Policy: 1.3.1 - The Village shall continue to maintain beach and beach access requirements as a
component of its adopted Level of Service Standard for recreation and open space, and associated
concurrency requirements.
TGB Comment to EAC: Fine as written.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
Fine as written.
Policy: 1.3.2 - The Village shall preserve and protect existing sea grass areas as a vital food source
for manatees and a nursery for estuarine species by prohibiting dredging and filling activities in or
near these areas except where expressly provided for in the development of water -dependent land
uses or where it is necessary for the general health, safety and welfare of the public. -Except for
maintainin,(-)F, navigable access to a dock owned by the upland property owner and to maintain safe
navigation within designated channels provided that dredged material is not placed amongst or
near sea grass beds.
TGB Comment to EAC: Needs a re -write
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are;
o Re -write to read: "Policy: 1.3.2 - The Village shall preserve and protect existing and future
sea grass areas as a vital food source for, manatees and a nursery for estuarine species by
prohibiting dredging and filling activities in or near these sea grass areas except for
maintaining navigable accessto a dock owned by the adjacent upland property owner and
to maintain safe navigation within designated channels provided that in both instances
dredged material is not placed amongst or near sea grass beds. In addition, the Village will
take remedial action should substantiated evidence accepted by either the EPA, FDEP or
Palm each County DERM "become available indicating that stormwater discharge or the
content thereof is detrimental to the viability of sea grass beds or the health of manatee
populations."
5
Page 101 of 109
Agenda Item #4.
Policy: 1.3.3 - The Village, through its land development regulations and continued compliance
with and adherence to the Palm Beach County Boat Facilities Siting Plan, shall ensure that marinas
are sited to minimize impacts on coastal and estuarine resources.
TGB Comment to EAC: I did not find any reference to the Palm Beach County Boat Facilities
Siting Plan when doing a Google search. Why would we want to use a plan used by the County
instead of one we create for Tequesta?Do we need any more marinas in Tequesta? Do we want
any more marinas in Tequesta? I doubt it.
E Proposed Options. Options to consider for recommendation to the Village Council and staff
are'.
o If we are required by the State to have a boat facilities siting plan then the EAC
recommends we create our own Tequesta boat facilities siting plan. Find a good example,
copy it, remove that which is objectional in it and give it a Tequesta label.
Policy: 1.3.4 - The Village shall regulate the siting of marinas through the Palm Beach County
Boat Facilities 'Siting Plan, which addresses land use support, compatibility, availability of upland
support services, hurricane -contingency planning, protection of water quality, water depth,
environmental disruptions and mitigation actions, availability of public use and economic needs
and feasibility.
TGIF Comment to EAC: See comments in the previous policy 1.3.3.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
c Create a Tequesta Boat Facilities Siting Plan if required by the State. If Florida requires
marina siting as part of the comprehensive planning process, limit marinas to the R-3 and
R-2 zoning districts as a special exception use with associated upland waterfront property
being adjacent to the local Jensen Beach to Jupiter Inlet Aquatic Preserve. Marinas should
not be an allowed or special use exce ' ooLoxahatchee
,peci ption use at any Tequesta locatin the 'n
River or any fork thereof
Objective.- 1. 4. 0 - Continue to coordinate with the Jupiter Inlet District to achieve adequate beach
renourishment to the south of the Jupiter Inlet; otherwise continue to protect the beach and dune
system.
F:,7
Page 102 of 109
Agenda Item #4.
T. Comment to EAC: Re -write needed. Who should we be cooperating with when the beach
needs renourishment north of the Jupiter Inlet and south of the Martin County line?
E Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
c Re - write to read: "Objective: 1.4.0 - Continue to coordinate with the Jupiter Inlet District
to achieve adequate beach renourishment to the south of the Jupiter Inlet; otherwise
continue tO protect and enhance the beach and dune system. The Village will also
coordinate with Palm Beach County, FDEP and the United States Army Corps of Engincers
(USACOE) fo-r beach renourishment north of the Jupiter Inlet and south of the Martin
County lime. `,
Policy: 1.4.1 - Continue to coordinate with the Jupiter Inlet District to ensure adequate
renourishment of the beach area south of Jupiter Inlet and continue to support County efforts to
implement the U.S. Army Corps of Engineers plan of providing additional sand pumping
capability by implementing a coordinated, multi -jurisdictional plan in cooperation with the
Council of Governments, Jupiter Inlet District, Palm Beach County, and the Corps of Engineers.
TGB Comment to EAC: A sand transfer facility to send sand north of an inlet to the south side of
an inlet is a very expensive proposition. Ask the Town of Palm Beach how much this costs annually
to maintain and operate. Be very carcful of becoming involved in this process as you may be asked
to pay your fair share to send FE .6 our" sand to places south of us. A re -write is needed. Does the
Council of Governments exist today?
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
Re -write to read.- "Policy.- 1.4.1 - Continue to coordinate with the Jupiter Inlet District to
ensure adequate renourishment of the beach area south of Jupiter Inlet. Continue to provide
support without any future financial obligation for County efforts to implement the
USACOE plan of providing additional sand pumping capability by implementing a
coordinated, multi -Jurisdictional plan in cooperation with other entities."'
Policy.- 1.4.2 - Continue to use land use controls to prevent construction that adversely impacts the
dune and its vegetation system.
TGB -Comment to EAC: Fine as written, but the applicable Tequesta land use controls need an
upgrade.
EAC Proposed Options.- Options to consider for recommendation to the Village Council and staff
7
Page 103 of 109
Agenda Item #4.
are*,
o Re -write to rea& "Policy: 1. 4.2 - Continue to use land use controls to prevent construction
that adversely impacts the dune and its vegetation system and update the applicable
Tequesta land use control codes by using a comparative analysis of the dune and related
vegetation system land use controls in place in other neighboring municipal jurisdictions
in Northern Palm Beach County to Identify best practices in place within the comparison
municipalities for prevention of adverse impacts to the dune and its vegetation system and
codify the same for Tequesta use as soon as possible."'
Objective: 1.5.0 - The Village shall continue to avoid increases in infrastructure capacity that
promote population growth and additional development beyond that currently provided for in the
Comprehensive Plan in the Coastal High Hazard Area unless public safety so requires. The Village
has defined its coastal high hazard area as the area below the elevation of the Category I
storm surge line as established by a Sea, Lake and Overland Surges from Hurricanes (SLOSH)
computerized storm surge model. The Coastal High Hazard Area shall be shown on the Future
Land Use Map series (Category I and higher surge areas, Figure 10-1).
TGB Comment to EAC: See the scrivener's error strikethrough above. Otherwise fine as written.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
Delete the scrivener's error strikethrough as shown above. Otherwise, fine as written.
Policy:1.5.1 - The Village shall review and appropriately address any infrastructure capacity
increase that would induce and subsidize development in the Coastal High Hazard Area beyond
that currently provided for in the Comprehensive Plan.
TGB Comment to EAC: Fine as written.
EEC Proposed Options: Options to consider for recommendation to the Village Council and staff
are-,
c Fine as written.
Policy.- 1.5.2 - The V I Ilage Floodplain Administrator shall not amend the Comprehensive Plan and
Future Land Use Map to increase the maximum allowed densities and intensities on lands within
the Coastal High Hazard Area.
TGB Comment to EAC: This sounds odd. Why focus only on the Village Flood Plain
Administrator? Re -write needed.
POO
Page 104 of 109
Agenda Item #4.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are,
Re -write to read: "Policy: 1.5.2 — Neither the Village Council nor any Village employee
shall be authorized to amend the Comprehensive Plan and Future Land Use Map to increase
the maximum allowed densities and intensities on lands within the Coastal High Hazard
Area..
Objective: 1.60 - The Village shall require dedication of public access easements to those
privately -owned shoreline areas that receive public funds for beach renourishmcnt and shoreline
stabilization projects.
TGB Comment to EAC- F-ine as written if diligently enforced.
EEC Proposed Options. Options to consider for recommendation to the Village Council and staff
are:
o Fine as written, if enforced.
Policy: 1.6.1 - The Village shall continue to work with Palm Bcach County to maintain general
public parking and access via the Coral Cove Park.
TGB Comment to EAC: This is timely. An urgent re -write is needed.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
Re -write to read: "Policy: 1. 6. 1 - The Village shall continue to work with Palm Bcach County to
maintain an adequate amount of off-street general public parking for beach and estuarine access
via the current and future Coral Cove Park properties. In addition, the Village will or with Palm
Beach County to minimize impacts on estuarine resources by those parking on the east and west
sides of Beach Road to access the local Jensen Beach to Jupiter Inlet Aquatic Preserve in order to
protect the adjacent mangroves and eliminate erosion and unsightly ponding, puddling and
standing water where on street parking is occurring in unpaved portions of each Road."
Policy: 1. 6.2 - The Village shalt continue to coordinate. with Palm Beach County in the operation,
maintenance and development of plans for Coral Cove Park.
TGB Comment to EAC: Re -write needed.
�11
Page 105 of 109
Agenda Item #4.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
c Re -write to read: "Policy.- 1.62 - The Village shall continue to coordinate with Palm Beach
County in the operation, maintenance and development of plans for Coral Cove Park and
to ensure that Palm Beach County is providing a proper level of public safety services to a
facility experiencing increase public use as our local and regional population continues to
grow,
Goal; 2. 0. 0 - To preserve and enhance the significant natural features in T equ e s ta.
TGB Comment to EAC: Fine as written.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
Fine as written.
Objective: 2. 1. 0 - The V i Ilage shalt continue to review and analyze its internal drainage system to
evaluate its effectiveness in reducing urban storm water pollutants froin entering the estuaries and
groundwater within its Jurisdi cti on.
TGB Comment to EAC: Fine as written.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are*.
o Fine as written.
Pollev: 2. ].1 - The Village shall continue to review development plans in order to require on -site
detention of a substantial portion of storm water... in coordination with the South Florida Water
Management District.
TGB Comment to EAC: Fine as written.
EAC Proi2osed Options: Options to consider for recommendation to the Village Council and staff
are:
c 'Fine as written.
10
Page 106 of 109
Agenda Item #4.
Policy: 2.1.2 - The Village shall continue to utilize its development review procedures to reduce
non -point source pollutant loading to the Loxahatchee River and Indian River Lagoon Aquatic
tn
Preserve in accordance with its PDES Permit and review its current drainne system in terms of
design criteria established by the South Florida Water Management District.
TGB Comment to EAC: Fine as written with minor change.
EAC Proposed Options: Options to consider for reconunendation to the Village Council and staff
are:
o Re -write to read-." Policy: 2.1.2 - The, Village shall continue to utilize its development
review procedures to reduce non -point source pollutant loading to the Loxahatchee River
and the local Jensen Beach to Jupiter Inlet Aquatic Preserve in accordance with its NPI ES
Permit and review and update as may be needed its current drainage system in terms of
design criteria established by the South Florida Water Managenient District and other
regulatory agencies such as FDEP.
Objective: 2.2.0 - Tfic Village shall maintain provisions for the protection of existing native
vegetative communities and wildlife habitats in its Code of Ordinances.
TGB Comment to EAC-. Fine as written.
EA C Proposed Options: Options to consi.der for recommendation to the Village Council and staff
are:
Fine as written.
Policy: 2.2. 1 - 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 area projects such as any developmcnt in mangrove areas.
TGB Comment to EAC: Fine as written.
EAC Proposed 012tions: Options to consider for recommendation to the Village Council and staff
are:
o Fine as written.
Policy.- 2.2.2 - 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.
11
Page 107 of 109
Agenda Item #4.
TGB Comment to EAC, Which land is being referred to here? Specify where these locations are.
EEC Proposed Options.
Options to consider for recommendation to the Village Council and staff
are:
c There should be more specific information in this policy. (1) Does this mean the VOT will
call upon Palm Beach County and State Park officials when the Villager ishes develop a
park or that the Village will work with Palm Beach County and State park officials when
they wish to construct a park which may impact vegetati've/wildlife/marine habitats? (2) If
this policy refers to what the RIOT will do when Palm Beach County and the. State wish to
make park improvements, please indicate where those locations might be within the
boundaries of Tequesta.
Policy: 2.2.3 - The Village shall support. the S. Department of Interior, Bureau of Land
Management/ Palm Beach County Environmental Resource Managcmcnt Department Land
Stewardship M emoran dum of Understanding to provide for Joint management of the Jupiter Inlet
Lighthouse Outstanding Natural Area (ONE.). The Village shall support preservation of native
plant and animal species on Eco-Site #61, a 49.9-acre parcel located east of US-1 and north of
County Road 707 (Beach Road), which is the northern portion of the ONA, as a component of this
effort,
TG13 Comment to EAC: Fine as written
EAC Proposed Options: Options to consider for rccommendatlorn to the Village Council and staff
are:
o Fine as written.
Policy: 2.2.4 - The Village shall maintain its landscape regulations to require the removal of exotic
species on the beach and dunes during renourishment, stabilization or revegetation projects and
the substitute replanting of native dune and beach vegetation.
TGB Comment to EAC- Fine as written.
EAC Proposed Options. Options to consider for recommendation to the Village Council and staff
are:
a Fine as written.
Policy: 2.2.5 - In the event that publicly -owned spoil islands are located within the Village in the
future, they will be designated as "Cons ery ation"" on the Future Land Use. Map to ensure their
future as protected wildlife habitats.
12
Page 108 of 109
Agenda Item #4.
TGB Commetit to EAC- Agree. Fine as written.
EAC Proposed Options.
Options to consider for -recommendation to the Village Council and staff
are:
a Fine as written.
Policy.- 2,2.6 - The Village shall continue to coordinate with Palm Beach County, coastal
municipalities and the marina industry to implement a manatee protection program.
TGB Comment to EAC: You can leave the marine industry off the list as far as I'm concerned.
How much coordinating did the VOT do during the rccent noted increase in manatee, deaths from
watercraft? Should this read that we will work in a coordinated fashion with others to enforce the
adopted Palm Beach County Manatee Protection Program?
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
Re -write to read-. "Policy. 2.2.6 - The Village shall continue to coordinate and work
cooperatively with Palm Beach County, coastal municipalities and the marina industry to
adequately enforce the adopted Palm Beach County Manatee Protection Program."
Policy: 2.2.7 - The Village shall continue to participate in Palm Beach County's manatee
PTOtection progTam.
TGB Comment to EAC: Fine as written.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
o Fine as written.
Policy: 2.2.8 - The Village shall continue to participate in Palm Beach County"s sea turtle
protection program.
TGB Commcnt to EAC:
This includes (1) any coastal construction in Palm each County must eliminate impacts to sea turtles
and permit from ERM 'is required when any tight source is replaced or installed within the "Sea
Turtle Protection Zone.
EAC Proposed Options: Options to consider for recommendation to the Village Council and staff
are:
c Fine as written.
13
Page 109 of 109