HomeMy WebLinkAboutAgenda B&E 120501N
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CITY OF PALM BEACH GARDENS
AGENDA
BEAUTIFICATION AND ENVIRONMENTAL COMMITTEE
WEDNESDAY, December 5, 2001
5:30 P.M.
City Hall - Growth Management Chambers
10500 N. Military Trail, Palm Beach Gardens, FL 33410
I. Call to Order
II. Roll Call: Regular Members:
Donna Wisneski - Chair
Connie Premuroso
Jeffrey Renault
Bettie Marks
Richard Mulligan
William Olsen
Richard Beladino
III. Approval of the minutes for November 7, 2001 meeting, which will
be handed out.
IV. Items by City Council Liaison and Staff Liaison
V. Old Business
a) Environmental Code Text Amendment
VII. New Business
a)
VIII. Adjournment
§76-251 PALM BEACH GARDENS CODE
• (f) Perpetual maintenance. The perpetual maintenance and , protectwu of designated pre-
serve areas shall be established by a legally binding, recorded instrument, which shall be
reviewed and approved by the city attorney. Such instruments shall include the provisions
listed below.
(1) State law. Utilization of F.S. Section 704:06, regarding the use of conservation
easements, provided a suitable means for maintenance and protection of such areas is
established.
(2) Dedication to the city. Dedication of the preserve area or -a conservation easement in
perpetuity to and with acceptance by the city.
(3) Dedication to public agency. Dedication of the preserve areato a,suitable public agency,
with approval of the city council.
(4) Density transfer. Utilization of the density transfer provisions in section 78 -249 to
allow retention of preserve areas in an undisturbed manner, provided suitable means
for maintenance and protection of such areas are established.
(5) Retention by owners. Retention of the preserve area by a homeowners' or property
owners' association subject to the restrictions listed below.
a. Such preserve area shall remain undivided, and a lot unit owner or any other
person shall not be able to bring any action for partition or division of any part
thereof. Each lot or unit owner's undivided interest shall be preserved, protected,
• and maintained through recorded covenants running with the land or a developer's
agreement. Title of such area shall be encumbered for the perpetual benefit of the
public generally, and all future use -shall be consistent with the intent and
;purpose of the preservation of open space, .as provided in the city's comprehensive
plan and herein.
b. A stated obligation on behalf of the association to pay for the cost of care and
maintenance of all preserve areas; and
C. A :management plan, approved by the city, shall be incorporated into the
association .documents prior to :final -approval of .construction drawings or
commencement of land alteration, whichever occurs first.
(Ord. No. 17= 2000,,§ 117, 7- 2000)
Sec. 78252. A ternative forms of mitigation.
(a) .purpose jand intent. The purpose and intent of allowing the .approval of :an alternative
form of mitigation is to provide a public benefit to the ;city .that :equals :or exceeds the -expected
benefit -that would have been derived from on -site preservation.
(b) Alternative mitigation programs. Alternative forms, of nmitigationthat maybe approved
by the city include, but shall not be limited to, the programs listed below.
(1) -Off site .preservation. Off -site ..preservation of -enviromm�entally significant habitat
-equal to .or greater in. size than the :requirement ,stated in section 78 -250.
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Stzgp. ATo. 10 CD,W 218
LAND DEVELOPMENT § 78 -253
• (2) Payment in lieu of preservation.
a. Cash payments in lieu of preservation of environmentally significant land, based
on appraised land value and as determined by the city council, shall be made to
a city fund established for the acquisition of land containing similar native
vegetation, other environmentally significant lands, or any ecological or environ-
mental improvements to public lands.
b. The beautification and environmental committee shall provide recommendations
to the city council for use of funds obtained in lieu of preservation of environ-
mentally significant lands.
C. The total sum of money required in lieu of preservation of environmentally
significant lands shall be determined by the amount of land normally required for
preservation and the location thereof. The value thereof shall be determined by
two property appraisers, who are members of the appraisal institute (MAI). One
appraiser is to be appointed by the city and the other by the developer. Each party
shall bear the expense of the respective appraiser appointed. Both appraisals
shall meet appropriate city standards. The amount of money determined by
averaging the two appraisals shall be paid by the developer to the city at the time
of final development order approval by the city council or as the city council may
authorize.
• (3) Environmental restoration or creation. Restoration, reestablishment, or creation of
artificial environments which may occur within or outside the limits of a proposed
development. The applicant shall provide evidence that such mitigation will be
beneficial to species designated as endangered, threatened, or species of special
concern. The applicant also must demonstrate the area to be improved is equal to at
least 100 percent of the preservation area required by these land development
regulations.
(Ord. No. 17 -2000, § 118, 7- 20 -00)
Sec. 78 -253. Removal of invasive nonnative plants and vegetation relocation.
Nonnative plants and vegetation relocation. The standards listed below shall apply to
invasive nonnative plant species and to vegetation relocation.
(1) Nonnative species prohibited. The installation of invasive nonnative species into any
preserve area in the city is prohibited.
(2) Removal. Prior to the issuance of the first certificate of occupancy, all invasive
nonnative plant species, as defined in section 78 -318, shall be removed from the entire
site, including the preserve area.
(3) Verification of removal. A certificate of occupancy or other official acceptance of
completed work shall not be issued until all required removal of invasive species has
been completed and is in accordance with the approved development order or
• management plan.
Supp. No. 10 CD78:219
TO:
FROM:
SUBJECT:
DATE:
r
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS. FLORIDA 33410 -4698
Mayor and City Council
City Manager Nabar E. Martinez
Beautification and Environmental Committee
Environmental Mitigation
March 31, 2000
At the request of City staff, the Beautification and Environmental Committee has reviewed the
concept of alternative forms of mitigation, as allowed by the City's Environmental Code, Section
10242, which is intended to provide a public benefit to the City that equals or exceeds the
expected benefit that would have been derived from on -site upland preservation. The Committee
explored the options of off -site preservation, payment in lieu of preservation and environmental
restoration. The following are the Committee's recommendations on these subjects:
Off -site Preservation:
• It is the Committee's opinion that the City and petitioner should make every attempt to
preserve land on site before considering off -site preservation. The priority should be on-
site preservation during any site development approval.
• The "public benefit" justification(s) should be provided by the petitioner for any other
option other than on -site preservation.
• Off -site preservation should be within the City and in close proximity to another preserve.
• The maximum monetary value of the property proposed to be developed (rather than
preserved) should be used to acquire the maximum amount of land for preservation. It is
the opinion of the Committee that the value of the property should be determined after
developmental approval.
Payment in Lieu of Preservation:
• Cash payment is similar to the previous statement. The optimum use of the property
should determine the value of the property. Therefore, the value of the property should be
determined after developmental approval.
• Cash payments has to be used for environmental property purchases or environmental
projects such as:
1. Bridge over canal between the Lone Pine community and
Preserve.
0 2. Nature Center at Frenchman's Forest Preserve.
0 3. Removal of the exotics invasive plants, restoration and nature trails at the City's
Allamanda Gopher Tortoise Preserve.
Environmental Restoration:
The Committee feels any land purchase or environmental project will require management
or maintenance. The cost of preserve management or project maintenance can be a part
of an overall package which should total to the maximum value of the property being
developed instead of preserved.
The Committee feels any combination of the above referenced alternatives can be
considered during developmental review and approval. For example, a petitioner could
save a portion of the upland preserve on site, and mitigate the remaining off -site. The off -
site preserve could be managed and restored by the petitioner.
Current Members:
Jeff Renault Sally iiks
r� ettie Marrs � �^ Jack Hughes
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e C//�� Jie Premuroso
J:M�L
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