TOWN OF JUPITER STAFF REPORT FOR SAWFISH ISLAND TOWN MANAGER’S OFFICE DATE: November 12, 2019 TO: Honorable Mayor and Members of Town Council THRU: Matt Benoit, Town Manager FROM: John Sickler, Director of Planning and Zoning SUBJECT: Sawfish Island Public Park – Special exception and site plan application to permit a passive park with recreated mangrove and seagrass habitat, observation deck, picnic area and kayak landing, on a 9.3+/- acre island in the Intracoastal Waterway, known as Sawfish Island, generally located east of Sawfish Bay Park, on the west side of the Intracoastal Waterway right of way, north of Fullerton Island, and south of the Loxahatchee River. Resolution # 110-19 Meeting dates: PZ 11/12/19 PZ 19-3837 & 3838 TC 12/17/19 (quasi-judicial) PB Project name: Sawfish Island Public Park Property Owner: Florida Inland Navigation District [Upland] and Florida Department of Environmental Protection Division of State Lands [Submerged lands] (See Attachment A) Applicant: Palm Beach County Department of Environment Resources Management Location: An island located in the Intracoastal Waterway generally located east of Sawfish Bay Park, on the west side of the Intracoastal Waterway right of way, north of Fullerton Island, and south of the Loxahatchee River (see Attachment B – Location Map) Acreage: 9.3 +/- acres Present land use designation: Conservation [Upland] and Not Designated [Submerged] Present zoning: Conservation Preservation (CP) [Upland] and Not Zoned (NZ) [Submerged] Request: Enhancement of Sawfish Island by removing exotic vegetation and enhancing wetland areas by increasing mangrove and seagrass habitat area and provide for limited passive recreation and public access by adding an observation deck, picnic area, and kayak landing area (see Attachment C – Statement of Use). Existing uses of the property: Vacant 2-1 Staff Recommendation The Department of Planning and Zoning recommends approval subject to the conditions in Exhibit 1. Project data. Please find listed below pertinent site plan data and information in reference to the application. The information is as follows: Table 1: Adjacent Properties Direction Existing Land Uses Future Land Use/Zoning Districts North Sawfish Bay, Sawfish Bay Not Designated/Not Zoned (NZ), Recreation / Public / Park Institutional (PI) South Sawfish Bay, Residential Not Designated/Not Zoned (NZ) , Medium Density (Yacht Club Estates), Residential / Residential, Single Family (R-1) Zoning Passive Park, (Fullerton and Conservation / Conservation Preservation (CP) Island) Zoning East Intracoastal Waterway, Not Designated/Not Zoned; High Density Residential / Townhomes, Multifamily Residential, Limited Multi-Family (R-3) Zoning. Residential (Jupiter Harbour) West Sawfish Bay, Retail, (We’ll Not Designated/Not Zoned; Commercial / Floor You, Jupiter Dive Commercial, General (C-2) and Commercial Office Center) Office (Sawfish Bay (C-3) Zoning, Recreation / Public / Institutional (PI) Office), Residential, Sawfish Bay Park Table 2: Landscaping Percentage of proposed native plant Minimum requirements Applicant’s proposal material (does not include existing native plants). Trees 50 percent 100 percent Palms 50 percent 100 percent Shrubs 50 percent 100 percent Table 3: Vegetation/environmental preservation Existing Conditions and Requirements Applicant’s proposal Proposed relocated vegetation No 25% environmentally sensitive lands preserved [Sec. 26-68(3)] Exceeds 25% required Tree protection N/A Gopher tortoise(s) located on site No Existing exotic vegetation Yes, to be removed. 2-2 Table 4: Signage Signage Characteristics Requirements per code Applicant’s proposal P-1 sign (governmental agency sign) No maximums One Sign Height 10 feet max. [27-687(e)] 7 feet Sign Copy Area n/a 15 square feet Table 5: Traffic Traffic Performance Standards Applicant’s proposal Satisfies Palm Beach County/Town of A traffic impact statement was not performed for the Jupiter Traffic Performance Standards application since vehicular traffic to the site is not proposed Table 6: Stormwater Management Drainage Statement Applicant’s proposal Satisfies Town of Jupiter Yes Requirements Background/history. In 1989, the Florida Inland Navigation District (FIND) purchased Sawfish Island from Richard and Mary Fullerton (see Attachment F). According to the Cultural Resources Assessment, the island is partially a natural formation and also a manmade island that was created from the spoils of the Intracoastal Waterway dredging and other dredging efforts to expand the island (see Attachment G). The assessment notes that the current conditions of the island terrain primarily consist of a dense mangrove plant community and two areas of uplands created by spoil deposits. The upland portion currently has with exotic vegetation such as Australian Pine, Mahoe, and Brazilian pepper. The Florida Inland Navigation District (FIND) and Palm Beach County signed a 30 year lease in September 2019 that grants permission to Palm Beach County to allow the County to construct and operate a public waterfront park on Sawfish Island (see Attachment H). The construction of the proposed passive park is estimated at $1,480,000. The Palm Beach County Environmental Resources Management (ERM) plans to apply for a grant to fund 50 percent of the construction costs from the FIND next year. If awarded the grant, Palm Beach County will match the grant funds and oversee construction the park. Similar to Fullerton Island, the purpose of the restoration of Sawfish Island is to improve fisheries and water quality and to encourage public access to the island though the use of non- motorized vessels such as canoes, kayaks and paddleboards. This will be facilitated by the installation of two new tidal flats and three kayak landings. The kayak landings on the north side of the island will be connected to the observation deck with an informal mulched pathway. The proposed tidal flats will include a navigable connecting channel. Like Fullerton Island, sea grass is expected to recruit and fill in the tidal flats. An informational kiosk will be located toward the south side of the park. The enhancement of Sawfish Island will complement the existing adjacent parks at Fullerton Island and Sawfish Bay. The proposal will improve the environment 2-3 by removing exotic plants as well as establish the area as a good recreation destination for non- motorized vessels. Analysis. This section analyzes the land development regulations and notes the application’s inability or ability to satisfy all applicable development provisions of the Town Code and Comprehensive Land Use Plan (CLUP). The analysis is as follows: Comprehensive Plan consistency. The proposed development is in conformance with the Future Land Use and Conservation elements of the Comprehensive Plan. · Policy 1.3.15 of the Future Land Use element states that passive recreational uses are appropriate in areas with a Conservation future land use designation as long as there are no adverse impacts on the natural resources being protected. · Staff comment: The proposed project will remove exotics and create additional habitat. Design elements of the proposed passive park, such as the kayak landing with a natural sand bottom meet the intent of the policy · Policy 1.2.2 of the Conservation element states that allowed uses shall be limited to those which are compatible with and preserve the natural character of the area, such as passive recreation including nature trails and canoeing. · Staff comment: The proposed observation deck, picnic area and kayak landing will meet the intent of the policy. Site Plan. The proposed development is in conformance with the Town’s Land Development Regulations. Landscaping. The proposed development is in conformance with Chapter 23, entitled, “Landscaping”. Pursuant to Section 23-71(c)(1)(a), entitled “Green space standards”, all areas of preserved vegetation count towards the minimum green space requirements. Red Mangroves can be found on the perimeter of the island and are being preserved. Interior to the island is mostly exotic vegetation; however, some native vegetation such as Sea Grape exists. The applicant proposes to remove upland to create a two acre tidal flat with seagrass and a new 0.22 acre mangrove habitat. A preserve of 0.88 acres in size is proposed for the upland mixed wetland hardwood hammock areas. A breakdown of the existing and proposed land use is shown on the Site Plan and Land Use Plan (see Attachment I and J). Environmental Preservation. The proposed development is in conformance with the Town’s vegetation and environmental preservation (Chapter 26) regulations. · The existing exotic vegetation will be removed. · The project will improve habitat for upland wildlife by removing all exotic vegetation and increasing native vegetation. · The project will increase habitat for wetland wildlife in the created tidal flats. The uplands contain exotic trees such as Australian Pine, Brazilian Pepper, and a variety of native trees and understory such as Sea Grape. The survey included in the plan set shows the existing conditions of the island and indicates the location of the mean high water line, which delineates the upland or island areas from the submerged areas. 2-4 The Department of Environmental Management (the applicant) proposes to modify the upland habitat of the island to improve the environmental conditions of the surrounding waterways. This will be accomplished by scraping the top soil from the island, creating additional wetland habitat. In addition,