HomeMy WebLinkAboutAgenda CAB 120705AGENDA
CITY OF PALM BEACH GARDENS
COMMUNITY AESTHETICS BOARD
WEDNESDAY, DECEMBER 7, 2005, AT 5:30 P.M.
COUNCIL CHAMBERS
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL:
COMMUNITY AESTHETICS BOARD
Regular Members
Donna Wisneski — Chair
William Olsen — Vice Chair
Sherry Levy ,/
Bettie Marks ✓/
Gail Vastola 1� /
Carolyn Waters J
1 -Vacant
Alternates
(1st Alt.) - Vacant
(2 "d Alt.) - Vacant
IV. APPROVAL OF MINUTES: August 3, 2005 & September 7, 2005
V. ITEMS BY STAFF LIAISON
* *On September 29, 2005, City Council approved the reappointments of the CAB
members as indicated above.
VI. OLD BUSINESS
Ordinance 30, 2005 — Upland Mitigation
This is a workshop.
VII. NEW BUSINESS
Ordinance 26, 2005 — Tree Protection
The update on this ordinance is on hold until public comment has been
gathered by City staff and specific legal questions are addressed.
ii. Arbor Day will be held on Friday, January 20, 2006, and Tree Day at the
Greenmarket will follow on Sunday, January 22, 2006 at 8 am.
VIII. ADJOURNMENT
CITY OF PALM BEACH GARDENS
COMMUNITY AESTHETICS BOARD
Agenda Cover Memorandum
Date Prepared: November 30, 2005
Meeting Date: December 7, 2005
Ordinance 30, 2005
Subiect/A2enda Item: Ordinance 30, 2005 provides for the amendment to the City's Code
of Ordinances by amending Chapter 78, "Land Development," Article V, "Supplementary
Regulations," Division 5, "Natural Resources and Environmentally Significant Lands,"
relating to approval criteria for proposed land alteration, alternative forms of mitigation,
and amending Article VIII, "Definitions."
[X] Workshop
Reviewed by:
Originating Dept.:
FINANCE:
Community Aesthetics Board
Planning Manager:
Growth Management:
Costs:
Action:
Project Manag
$ N/A
Talal Benothman, AICP
�T'L
Total
[ ] Approved
Mark Hendrickson
[ ] App. w/ conditions
City Attorney:
City Forester
$ N/A
[ ] Denied
Current FY
[ ] Continued to:
Christine Tatum, Esq.
[ ] Quasi- Judicial
Development Compliance:
[ ] Legislative
Funding Source:
[ ] Public Hearing
Bahareh Keshavarz, AICP
[ X ] Workshop
[ ] Operating
Attachments:
Growth Management
Advertised:
[X] Other N/A
• Ordinance 30, 2005
Administrator:
Date:
• Ordinance 9, 2005
Paper:
Charles K. Wu, AICP
[ ] Not Required
Budget Acct. #:
NA
Approved By:
City Manager:
Affected parties:
Ronald M. Ferris
[ ] Notified
[ X ] Not Required
Date Prepared: November 30, 2005
Meeting Date: December 7, 2005
Ordinance 30, 2005
EXECUTIVE SUMMARY
A City - initiated text amendment to the Conservation Element of the City's Comprehensive Plan
was adopted by City Council on June 16, 2005 by Ordinance 9, 2005. Staff proposes to
incorporate these changes to the Land Development Regulations, which deal primarily with off -
site mitigation or payment in lieu of as options for upland preservation.
BACKGROUND
The City of Palm Beach Garden's first "Natural Resources and Environmentally Significant
Lands" code was adopted by Ordinance 4, 1990. It was amended shortly after by Ordinance 7,
1993 primarily to opt out of the Palm Beach County's countywide ordinance on environmentally
sensitive lands. As the new millennium approached, City staff noticed that developers began
considering the use of mitigation rather than preservation on -site. By November 2000, City
Council had held two workshop meetings on the land appraisal issue where the method for cash
payment in lieu of preservation had been debated. City staff began preparation for the
clarification of environmental mitigation policies and proposed an amendment to the land
Development Regulation (LDR- 01 -06) in January 2003. The proposed amendment to the
existing appraisal language was so hotly contested by the development community, the petition
was withdrawn.
Within the last five years, the City has approved seven developments which contained provisions
for off -site mitigation for land preservation. At some point in the future, it is very possible that
off -site land mitigation may not be an option available to applicants. To date, the City has not
approved a payment mitigation option. A City - initiated Comprehensive Plan text amendment to
the Conservation Element began in January of this year (Petition CP- 05 -02) to clarify that the
City Council may approve either off -site mitigation or payment in lieu of preservation under
Mpropriate circumstances. On June 9, 2005, the City Council adopted said text amendment by
Ordinance 9, 2005, and it became effective on September 1, 2005. The proposed amendment to
the Land Development Regulations incorporates much of the same comprehensive plan language
into the environmental code section. It also incorporates the City Council's direction that
payment in lieu of preservation is the last option or resort.
SUMMARY OF PROPOSED CHANGES
Section 78 -242 is proposed to be amended to clarify that all developments, including agricultural
developments, with significant environmental impact shall set aside as preserve areas upland
native plant communities.
Page 2
Date Prepared: November 30, 2005
Meeting Date: December 7, 2005
Ordinance 30, 2005
Section 78 -249 is proposed to be amended to clarify the criteria for wetland and upland
mitigation. Alternative forms of wetland mitigation by other agencies are acceptable. Upland
mitigation can only occur east of the urban growth boundary. At least 50 percent of the required
upland preserve must be provided on site, when mitigation alternative are proposed. A property
owner of a platted upland preserve is not allowed to use off -site or cash payment options to
modify an existing preserve. If City staff has determined that environmentally suitable land is
not available within the City, City Council can require all preservation to be on -site, or payment
in lieu of preservation, or any combination.
Section 78 -250 is proposing to re- establish the 25 percent set -aside requirement, but clarifying
that City Council has the option to designate the portion of the plant community which will
include the 25 percent set - aside. The proposal will eliminate the exception for lots less than 40
acres.
Section 78 -252 is proposed to expand and clarify the alternative mitigation programs. A three to
one ratio maximum limit has been proposed for off -site preservation. Wetlands will not be able
to be used for mitigating uplands. City staff is recommending that City Council approve all
mitigation measures, however all projects shall be designed to indicate a "reserve preserve" on
site until the mitigation is approved. The intent of this recommendation is to maximize the
protection of preserves and protect the environmental resources through alternative forms of
mitigation when it is to the public's benefit. Everyone will better understand the public benefit
of mitigation after they have reviewed the overall development plan. Also, any proposal for
payment in lieu of preservation would be based on a site that has been approved, which will
better define some of the variables for appraising land. City staff is expanding the list for which
the mitigation funds can be used, including land purchase, management, and construction of
environmental improvements. The appraising language was created with the help of an
independent state - certified general property appraiser. There are safe guards and limits placed on
the appraisal option. The City will bare no costs associated with any mitigation proposal.
Section 78 -751 is proposed to amend and create the new definitions for ecosystem, endangered
or threatened species, species of special concern, listed species, "protected" species and upland
native plant community.
CONSISTENCY WITH COMPREHENSIVE PLAN
It is staff s professional option that the proposed Land Development Regulations amendment is
consistent with the overall intent of the goals, objectives and policies of the City's
Comprehensive Plan, as amended by Ordinance 9, 2005.
Page 3
STAFF RECOMMENDATION
Date Prepared: November 30, 2005
Meeting Date: December 7, 2005
Ordinance 30, 2005
Staff requests direction and input on proposed Ordinance 30, 2005.
Page 4
Date Prepared: November 30, 2005
2 CITY OF PALM BEACH GARDENS, FLORIDA
3 ORDINANCE 30, 2005
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
5 PALM BEACH GARDENS, FLORIDA, RELATING TO OFF -
6 SITE ENVIRONMENTAL MITIGATION, AMENDING
7 SECTIONS 78 -242, ENTITLED "APPLICABILITY," 78 -249,
8 ENTITLED "APPROVAL CRITERIA FOR PROPOSED LAND
9 ALTERATION," 78 -250, ENTITLED "PRESERVE AREA
10 REQUIREMENTS," 78 -252, ENTITLED "ALTERNATIVE
11 FORMS OF MITIGATION," AND 78 -751 ENTITLED
12 "DEFINITIONS; ALL OF CHAPTER 78, "LAND
13 DEVELOPMENT" OF THE CITY CODE OF ORDINANCES;"
14 PROVIDING FOR CODIFICATION; AND PROVIDING FOR
15 AN EFFECTIVE DATE.
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17 WHEREAS, by Ordinance 9, 2005, the City Council amended the City Comprehensive Plan
18 to permit off -site mitigation in certain circumstances; and
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20 WHEREAS, to implement the Comprehensive Plan, City staff has initiated an amendment
21 (Petition LDR- 01 -06) to the City's Land Development Regulations amending Chapter 78, "Land
22 Development," Sections 78 -242, Applicability," 78 -249, "Approval criteria for proposed land
23 alteration," 78 -250, "Preserve area requirements," 78 -252, "Alternative forms of Mitigation," and
24 Section 78 -751 "Definitions"; and
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26 WHEREAS, on , 2005, the Community Aesthetics Board recommended
27 approval and adoption of the amendment to the City's Land Development Regulations; and
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29 WHEREAS, on , 2005, the Planning, Zoning and Appeals Board, the duly
30 constituted Land Development Regulations Commission for the City, conducted a public hearing and
31 recommended approval and adoption of the amendment to the City's Land Development
32 Regulations; and
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34 WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best
35 interest of the citizens and residents of the City of Palm Beach Gardens.
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37 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
38 BEACH GARDENS, FLORIDA:
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40 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
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42 SECTION 2. The City Council hereby amends Sections 78 -242, "Applicability," 78 -249,
43 "Approval criteria for proposed land alteration," 78 -250, "Preserve area requirements," 78 -252,
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Date Prepared: November 30, 2005
Ordinance 30, 2005
"Alternative forms of Mitigation," and Section 78 -751 "Definitions" of Chapter 78, "Land
Development" of City Code of Ordinances," to read as follows:
(Note: "* * *" indicates unchanged language omitted for brevity)
Section 78 -242, Applicability.
(a) Application. All sections of this division shall be effective within the incorporated area
of the city and shall set restrictions, constraints, and requirements to preserve and
protect natural resources and environmentally significant lands. All development with
significant environmental impact, including agricultural development, shall set aside
upland native plant communities as preserve areas as outlined in this division.
Section 78 -249. Approval criteria for proposed land alteration.
Approval of land alteration requests. The growth management department may approve requests
for land alteration consistent with the approved development order. The decision regarding such
lands shall be based upon application of the criteria listed below.
(a) Value. The project design provides for the protection and preservation of the most
valuable or unique existing natural resources, listed species and environmentally
significant lands on site, or the restoration or creation of upland environments may occur
within the limits of a proposed development. If restoration or creation is proposed, the
applicant must demonstrate the area to be improved is equal to at least 100 percent of the
preservation area required by these land development regulations.
(b) Mitigation.
(1) Wetland Mitigation. If listed species do not exist on the site or on -site preservation
would yield a preserve area that is less than the preferred minimum of ten acres, or
unavoidable impacts to wetlands occur, an alternative form of mitigation acceptable to
the City Council may be implemented consistent with section 78 -252, or as determined
by other agencies having jurisdiction over wetlands.
a. Minimum preservation area. A preserve area consistent with section 78 -250 shall
be the basis for any consideration of mitigation of minimum preservation area
requirements.
b. Preservation area alternatives. The City Council may consider alternatives to on-
site preservation in the following circumstances_
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Date Prepared: November 30, 2005
Ordinance 30, 2005
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i. The quality of habitat on any size parcel does not warrant preservation of
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environmentally sensitive land by reason of invasion of nonnative or exotic
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species, prior alteration or disturbance of vegetation, alterations to land which
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have changed the hydroperiod, alterations to land which have changed drainage
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patterns, or similar circumstances; and
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ii. Preservation of such habitat is not otherwise required by city policy, these
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land development regulations, or other applicable codes. Listed specie habitat
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requirements are referred to in paragraph (4) of this section; and
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iii. Environmentally sensitive land or upland habitat of equivalent type and area
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is available in the city. Based upon one or more of the circumstances listed
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above, the environmental assessment, and related information, the City Council
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may authorize off -site preservation or mitigation of similar environmental
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communities. Funds shall be paid prior to issuance of a land alteration permit,
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unless otherwise provided by the City Council. Off site preservation and
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mitigation may be required at a rate that exceeds the normal 25 percent
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preservation requirement in order to compensate for loss environmentally
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sensitive lands or uplan wetland habitat.
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(2) Upland Mitigation. No off -site preservation or cash payment in lieu of
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preservation shall occur west of the Urban Growth Boundary. A property owner
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of a platted upland preserve shall not be permitted to use the off -site preservation
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or cash pMoent option to modify the preserve area. Development occurring eas t
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of the Urban Growth Boundary may permitted off -site preservation or a cash
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payment in lieu of preservation under the following criteria:
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a. If on -site upland preservation would yield a preserve area that is less than
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ten acres, an alternative form of mitigation acceptable to the City Council
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may be implemented consistent with section 78 -250. If fifty percent
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(50 %) of the required twenty-five percent (25 %) on -site upland
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preservation would yield ten acres or more, the acreage that fifty percent
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(50 %) yields shall be the minimum upland preserve that must be provided
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on site.
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b. Proposed preserves shall be located adjacent or contiguous to an existing
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preserve or linked to a city designated parkway s%em where possible
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and approved by the City Council.
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c. Acquisition of off -site environmentally significant lands may be preferred
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over the preservation of on -site lands if, based on environmental
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assessments, off -site lands better advance the purposes of this division
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due to the characteristics of the onsite lands such as their specific
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location, invasions of nonnative or exotic species, prior alteration or
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disturbance of vegetation, or other similar circumstances.
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Date Prepared: November 30, 2005
Ordinance 30, 2005
d. If it can be reasonably determined that environmentally suitable land is
not available within the city for satisfying the off -site preservation option,
the city council m#y require all preservation to be on -site, or require a
cash payment in lieu of setting aside an upland preserve, or any
combination thereof.
Section 78 -250. Preserve area requirements.
(a) Minimum requirements. The minimum requirements listed below shall apply to all
required preserve areas for environmentally significant lands.
(1) Preserve area designations.
a. A minimum of 25 percent of the , in ,
hawAneek, and pine , total upland native plant communities shall be set aside
as a preserve on site. The 25 percent set -aside shall be based on the quality and viability
of the inland vegetation ecosystem.
b. The city council shall have the option to designate the portion of the . - . - - . it:,&
whiehshallbepFesefve upland native plant communitywhich will be inclded in the 25
percent set - aside. Such set -aside habitat shall be preserved and managed in viable
condition with existing canopy, understory, and ground cover.
(3) Minimum dimension and total area.
a. The minimum length or width dimension of all required preserve areas shall beat least 100
feet, except for preserve areas for historic or specimen trees when a smaller size may be
appropriate.
b. The preferred minimum land area for preserves areas is ten acres, '-.e emeeptie of
pr-eseFves en lots of less than 40 aer-es.
c. When potential preserve areas will be less than ten acres or- less and cannot be interconnected
with other preserve areas which will result in a preserve area of ten acres or more, the City
Council may consider an alternative form of mitigation, as described in sections 78-'50
249(b) and 78-6 252. It is the intent of this section to maximize the public benefit and
welfare through allowing alternative forms of mitigation to preserve and protect the Citv's
environmental resources to the maximum extent possible. Mitigation measures may not
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Date Prepared: November 30, 2005
Ordinance 30, 2005
1 cause open space parkway or buffering requirements to fall below minimum requirements.
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5 Section 78 -252. Alternative forms of mitigation.
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7 (a) Purpose and intent. The purpose of allowing the approval of an alternative form of
8 mitigation is to provide a public benefit to the City that equals or exceeds the expected
9 benefit that would have been derived from onsite preservation. Alternative forms of
10 mitigation generally are not favored over onsite mitigation.
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12 (b) Alternative mitigation programs. Alternative forms of mitigation that may be approved by
13 the City include, but shall not be limited to, the programs or combination of programs listed
14 below.
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16 (1) Off -site preservation.
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18 a.
19 . The City Council mayrequire
20 Lip to three (3) acres of off -site preservation for every one (1 ) acre required to be
21 preserved on -site depending upon the size of the proposed off -site preserve, the
22 quality of the habitat or vegetation being lost or gained, and the location of the
23 proposed off -site preserve. The proposed off -site preserve shall be within the
24 corporate limits of the City of Palm Beach Gardens. The applicant shall submit
25 environmental assessments for both the on -site and off -site preservation areas for
26 comparison purposes.
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28 b. Neither jurisdictional nor non jurisdictional wetlands shall be used to mitigate for
29 uplands.
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31 c. Off -site preserve mitigation shall be approved by city council. The dedication of
32 off -site preservation and its maintenance program shall be completed prior to
33 issuance of any land alteration permit for the property whose development is
34 being sought and for which mitigation being considered. Until City Council
35 approves off -site mitigation, all site plans shall indicate 100 percent of the
36 required upland preserve set aside on site. Acreage that is being considered for
37 mitigation shall be labeled as "reserve preserve" on the site plan.
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39 d. The developer shall acquire land of similar or better quality native plant
40 communities. The City shall bear no costs associated with the acquisition,
41 including but not limited to, surveying = platting or maintenance of an off -site
42 preserve.
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Date Prepared: November 30, 2005
Ordinance 30, 2005
1
(2) Payment in lieu of preservation
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signifieant lands shall be detem:iifted by the amount of land nefmally r-eqttired
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(a)
The mitigation option of payment in lieu of on -site upland preservation shall be
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shall hold the Member Appraisal Institute
approved by Council. The timing g_ f the payment shall be made part of the
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4p proving development order of the project. This option may not be used if off -
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. . . led. Both appmisals sha4l meet appropriate eitystandar-ds. Theametmte
site preservation within the City's limits is available to the developer. This option
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may not be used to mitigate previously platted upland preserves, or previously
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as the City Getmeil may au4he The cash payment shall be equivalent to the
approved Development Orders. Until City Council approves the mitigation option
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of payment in lieu of on -site preservation, all site plans shall indicate 100 percent
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mitigation. The developer shall pay all costs associated with this option. The City
of the required upland preserve set aside on site. Acreage that is being considered
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for mitigation shall be labeled as "reserve preserve" on the site plan.
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(b)
Cash payments in lieu of preservation of environmentally significant land4msed
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d land t a s determined b City Ce..nei shall be a to
vn— icppi-ai3c ., j ., j' ..,
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accumulate in a City fund established for the purpose of acquisition of land
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containing similar native vegetation, other environmentally significant lands,
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management, or any ecological or environmental improvements to public lands,
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including, but not limited to construction of nature centers, and trails within the
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City's publicly owned lands. The
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shall Communily Aesthetics Board may assist City staff in providing
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recommendations to the City Council for use of funds obtained in lieu of
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preservation of environmentally significant lands.
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(c)
The beautifleatieft and environmental eemmitte community aesthetics board shall
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provide recommendations to the city council for use of funds obtained in lieu of
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preservation of environmentally significant lands.
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(d) The total sum of meney required in lieu of pr-esefvafien of efwir-emnentall
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signifieant lands shall be detem:iifted by the amount of land nefmally r-eqttired
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The fee simple market value tlieree€ shall be
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determined by two an independent state - certified general property appraiser, who
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shall hold the Member Appraisal Institute
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designation. One appmiser- is to be appeifAed by the City wan-d- the edher by th
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. . . led. Both appmisals sha4l meet appropriate eitystandar-ds. Theametmte
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to the City at the time of final development eFdef appfeval by the City Geuneil a
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as the City Getmeil may au4he The cash payment shall be equivalent to the
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average per acre appraised value of the whole property, at the time of development
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gp roval by City Council, multiplied by the number of acres being proposed for
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mitigation. The developer shall pay all costs associated with this option. The City
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shall bear no cost in determining the appraised value, and retains the option for
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requesting a second appraisal, if necessary, at the developer's expense. The City
Date Prepared: November 30, 2005
Ordinance 30, 2005
i Council may require the payment to be greater than the appraised value, provided
2 that the payment does not exceed three times the appraised value of the property.
3 It shall be the City Council's sole discretion to approve the payment -in- lieu -of
4 option.
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8 The applieant shall pfflvide evidence that sueh mifigatien will be benefieial to speeies
9 designated as endangered, dffeatea,
10 must demens4rate the afea to be impFeved is equal te at least 100 per-eent of th
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15 Section 78 -751. Definitions.
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19 Ecosystem, native FieKda-means an assemblage of living organisms, —insl g (plants, animals, and
20 microorganisms etc. ) and nonliving components (soil, water, air, and the like, etc. that functions as
21 a dynamic whole through organized energy flows
22 eemmunifies found to exist in the state, the eeunt5% and speeifieally in area loeated within the eity.
23
24 Endangered species, threatened species, and species ofspecial concern (referred to as listed species)
25 means plant or i€e- animal species listed as endangered, threatened, or as - species of special
26 concern by any one or more of the following agencies: U.S. Fish and Wildlife Service, Florida
27 Department of Environmental Protection, Florida Fish and Wildlife GenseFvatie Game and Fresh
28 Water Fish Commission, Florida Committee on Rare and Endangered Plants and Animals, Treasure
29 Coast Regional Planning Council or the Florida Department of Agriculture .
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31 Listed species. See Those species designated as endangered species, threatened species, and or
32 species of special concern.
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34 Protected species refers to official federal, state, or international treaty lists which provide legal
35 protection for rare and endangered species.
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37 Restoration /creation (referring to upland preservation) means upland areas, that due to the area's
38 environmental deguadation have both the soil and some remnant vegetation association with a known
39 natural upland community, which can be artificially reestablished to function like an upland
40 community to meet or exceed environmental requirements.
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42 Threatened species refers to species that are likely to become endangered in the state within the
43 foreseeable future if current trends continue. This category includes: (1) species in which most or all
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Date Prepared: November 30, 2005
Ordinance 30, 2005
populations are decreasing because of aver- exploitation, habitat loss, or other factors; (2) species
whose populations have already been heavily depleted by deleterious conditions and which, while
not actually endangered, are nevertheless in a critical state; and (3) species which may still be
relatively abundant but are being subjected to serious adverse pressures throughout their range.
Upland Native Plant Community refers to the original terrestrial, natural biological associations of
Florida as outlined in the most current "Guide to The Natural Communities of Florida" prepared by
Florida Natural Areas Inventory and Department of Natural Resources.
SECTION 4. Codification of this Ordinance is hereby authorized and directed.
SECTION 5. This Ordinance shall become effective immediately upon adoption.
PASSED this day of
PASSED AND ADOPTED this day of
and final reading.
CITY OF PALM BEACH GARDENS FOR
BY:
Joseph Russo, Mayor
Eric Jablin, Vice Mayor
David Levy, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Counclmember
0
2005, upon first reading.
2005 upon second
AGAINST ABSENT
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ATTEST:
M.
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
IMA
Christine Tatum, City Attorney
9
Date Prepared: November 30, 2005
Ordinance 30,2005
Date Prepared: December 29, 2004
I ORDINANCE 9, 2005
2
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA AMENDING THE CONSERVATION
6 ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF
7 PALM BEACH GARDENS RELATING TO THE PROTECTION OF
8 ENVIRONMENTALLY SENSITIVE AREAS AND LISTED SPECIES;
9 AND PROVIDING AN EFFECTIVE DATE.
10
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12 WHEREAS, the City Council of the City of Palm Beach Gardens authorized the
13 staff to initiate comprehensive plan amendments necessary to effectuate the City's
14 economic development goals and objectives; and
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16 WHEREAS, the proposed amendment to the Conservation Element furthers the
17 goals, objectives, and policies of the recently- adopted Economic Development Element;
18 and
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20 WHEREAS, on February 8, 2005, the Planning, Zoning, and Appeals Board,
21 sitting as the duly constituted Local Planning Agency for the City, recommended
22 approval of this amendment to the Conservation Element of the Comprehensive Plan of
23 the City; and
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25 WHEREAS, the City Council finds that the subject amendment is consistent with
26 the City's Comprehensive Plan; and
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28 WHEREAS, the City Council finds that the subject amendment is consistent with
29 Sections 163.3184 and 163.3187, Florida Statutes; and
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31 WHEREAS, the City Council acknowledges that this amendment is subject to the
32 provisions of Sections 163:3184(9) and 163.3189, Florida Statutes, and that the City
33 shall maintains compliance with all provisions thereof; and
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35 WHEREAS, the City has received public input and participation through public
36 hearings before the Local Planning Agency and .the City Council in accordance with
37 Section 163.3181, Florida Statutes; and
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39 WHEREAS, the City Council has determined that adoption of this Ordinance is In
40 the best interest of the citizens and residents of the City of Palm Beach Gardens.
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43 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
44 OF PALM BEACH GARDENS, FLORIDA that:
45
46 SECTION 1. The foregoing recitals are hereby aff'inned and ratified.
Date Prepared: January 14, 2005
Ordinance 9, 2004
1 SECTION 2. The Conservation Element of the City's Comprehensive Plan is
2 hereby amended to read as follows:
3
4 Definitions:
5
6 LISTED SPECIES - Those species designated as endangered, threatened or of special
7 concern.
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9 PROTECTED - Refers to official federal, state, or international treaty lists which provide
10 legal protection for rare and endangered species.
11
12 THREATENED SPECIES - Species that are likely to become endangered in the state
13 within the foreseeable future if current trends continue. This category includes: (1)
14 species in which most or all populations are decreasing because of over - exploitation,
15 habitat loss, or other factors: (2) species whose populations have already been heaves
16 depleted by deleterious conditions and which, while not actually endangered are
17 nevertheless in a critical state, and (3) species which may still be relatively abundant but
18 are being subiected to serious adverse pressures throughout their range.
19
20 ECOSYSTEM - An assemblage of living organisms (plants, animals, microorganisms,
21 etc.) and nonliving components (soil, water, air, etch that functions as a dynamic whole
22 through organized energyfiows.
23
24 ENDANGERED, THREATENED, AND SPECIES OF SPECIAL CONCERN (referred to
25 as listed species) - Plant and animal species listed, as endangered, threatened, or of
26 special concem by one or more of the following agencies:
27
28 1. U. S. Fish and Wildlife Service
29
30 2. Florida Game and Fresh Water Fish Commission
31 x
32 3. Florida Committee on Rare and Endangered Plants and Animals
33
34 4. Florida Department of Agriculture
35
36 5 Treasure Coast Regional Planning Council
37
38 Policy 6.1.5.5.: To ensure protection of environmentally sensitive areas and listed
39 species, the City shall implement the following criteria either in combination or singly for
40 any proposed alteration of lands designated as environmentally significant pursuant to
41 Comprehensive Plan Policy 6.1.5.4:
42
43 1. The project design provides for the protection and preservation of the most
44 valuable or unique existing natural resources, listed species, and environmentally
45 significant lands on site;
46
Date Prepared; January 14. 2005
Ordnance 9.2004
1 2. If no listed species have been determined to exist on the site, or on -site
2 preservation would yield a preserve area that is less than the preferred minimum
3 of ten acres or unavoidable impacts to wetlands occur, an alternative form of
4 mitigation acceptable to the City Council is implemented;
5
6 3a. A Fninimurn, 25% ,
7 ,
8 ,
9
10
11 biiat er► arry�ize
12
13
14 the-
is
16 aGquirsition of similar Gr bett8F quality native Plant OaMMUnftift OF FeGtoFe rairnilar
17
18 )d at a greater Faticvi
19
20 3. The City shall continue to require, through the Land Development Regulations,
21 that all development with significant environmental impacts, Including agricultural
22 development, set aside as preserve areas a minimum of 25 percent of the total
23 upland native plant communities on site. The 25 percent set -aside shall be
24 based on the quality and viability of the vegetative ecosystem. The City shall
25 have the option to designate the portion of the plant community which will be
26 included in the 25 percent set - aside. Such sat -aside habitat shall be preserved
27 and managed in viable condition with existing canopy, understory, and -ground
28 cover.
29
30 The City shall for development occurring east of the Urban Gro wth Boundary
31 have the option of acceptina off site preservation or a cash payment in lieu of
32 preservation and shall accumulate such payments from development for the
33 purchase and management of off -site upland native plant communities. The
34 Land Devetopment Regulations shall establish criteria for assessing the cash
35 payment amount and for determining which pralects warrant the use of the cash
36 payment - option. A property owner of a piatted upland preserve shall not be
37 allowed to use the off -site preservation or the cash payment option to modify the
38 preserve area.
39
40
41 ...
42
43
44
45
46
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2$
29
30
31
32
33
34
35
36
37
38
39
40
41
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44
45
46
Data Prepared. January 14, 2005
Ordinance 9, 2004
SECTION 3. The City's Growth Management Administrator is hereby directed to
transmit the proposed Comprehensive Plan Amendment and supporting data, analysis,
and other relevant material, which is attached hereto as Exhibit A, to the Department of
Community Affairs of the State of Florida and other appropriate public agencies, and
upon adoption of this Ordinance is further directed to ensure that this Ordinance and all
other necessary documents are forwarded to the Florida Department of Community Affairs
and other agencies in accordance with Section 163.3184(3), Florida Statutes.
SECTION 4. The effective date of this plan amendment shall be the date a final
order is issued by the Department of Community Affairs or Administration Commission
finding the amendment in compliance in accordance with Section 163.3184(1)(b),
Florida Statutes, whichever is applicable. If a final order of noncompliance is issued by
the Administration Commission, this amendment may nevertheless be made effective
by adoption of a resolution affirming its effective status, a copy of which resolution shall
be sent to the Florida Department of Community Affairs, Division of Community
Planning, Plan Processing Team. An adopted amendment whose effective date is
delayed by law shall be considered part of the adopted plan until determined to be not in
compliance by final order of the Administration Commission. Then, it shall no longer be
part of the adopted plan unless the local government adopts a resolution affirming its
effectiveness in the manner provided by law.
(The remainder of this page left intentionally blank)
D&W Pmparat Jewry 14, 2005
0"PMMG 9, 2004
1 PASSED this 18 day of 2005, upon first reading.
2
3 PASSED AND ADOPTED this « day of V N (T 2005, upon
4 second and final reading.
5
6
7 CITY OF P B CH RD FOR AGAINST ABSENT
8
9
10 BY: ✓
11 a
12 ✓
13
14 J r , Ma
15 ✓
16
17 Da e , Coundlme - er
18 ✓
19
20 1 Valect4a, Coundlmember
21 /
22
23 Jody Ba Hmember
24
25
26 ATTEST:
27
28
29 BY:
30 atrida Snider, CMC
31 City Clerk
32
33
34 APPROVED AS TO FORM AND
35 LEGAL SUFFICIENCY
36
38 BY: /1!D
39 Chnshne P- Tatum, City Attorney
40
41
42
43
44
45
46
47 Giaeto ny �hr�10PDV4N4CE5�00MP PLAN - rma.r w - carrardbn .kenrt • ad 9 2005doc
5
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