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HomeMy WebLinkAboutAgenda B&E 120501N • • 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. • 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 _ ---- -- _ ---- - - - - -- - ------------------ e C//�� Jie Premuroso J:M�L •