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AGENDA
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
TUESDAY, JUNE 8, 2010 AT 6:00 P.M.
COUNCIL CHAMBERS
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE
• ROLL CALL
• ADDITIONS, DELETIONS, MODIFICATIONS
• REPORT BY THE INTERIM GROWTH MANAGEMENT ADMINISTRATOR:
NATALIE WONG
• APPROVAL OF MINUTES: OS/11/2010
PLANNING, ZONING AND APPEALS BOARD
Regular Members:
Craig Kunkle
Barry Present
Randolph Hansen
Michael Panczak
Joy Hecht
Amir Kanel
Joanne Koerner
Alternates •
Vacant (lst Alt.)
Roma Josephs (2"d Alt.)
1. Recommendation to City Council (Public Hearing)
LDRA-09-07-000025: Code Amendments to Environmental Lands Mitigation
and Dumpsters/Recycling
This is a City initiated Land Development Regulations ("LDRs") text amendment.
The proposed amendment helps clarify various Natural Resources and
Environmentally Signi�cant Lands code requirements, and amend current
environmental code language to be consistent with the existing Conservation Element
of the City's Comprehensive Plan. City staff is also taking the opportunity to amend
the Dumpster/Recycling codes based on the requirement in the Comprehensive Plan
related to the green initiatives.
Project Manager, Mark Hendrickson, City Forester mhendrickson@pbgflcom
2. OLD BUSINESS
Planning, Zoning and Appeals Board
June 8, 2010
3. NEW BUSINESS
4. ADJOURNMENT
In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with dzsabilities needing special �zccommodations to
participate in this proceeding should contact the Ciry Clerk's OfJice, �zo dater than five days prior to the proceeding, at telephone number (561)
799-4120for assastance; if heur�ing impaired, telephone the Florida Re[ay Service Numbers (800J 955-8771 (TDD) or (800) 955-8770 (VOICE),
for assistance. If a person decides to appeal any decision made b,y the Plaian�in�g, Zoning and Appeals Board, Local Planning Agency, or Larzd
Development Regulations Commission, with respect to any mattev considered at such meeting or hearing, they will need a r^ecord of the
proceedings; and for such, they may need to ensure that a verbatim record of the proceedangs is made, x�hich record includes the testimonv and
evidence upon which the appeal is to be based. Exact legal clescription and/or survey.for the cases may be ohxained.from the fzles ir2 the Growth
Management Depar^tment.
Common/pz agenda 06.08.2010
2
1 CITY OF PALM BEACH GARDENS
2 PLANNING, ZONING AND APPEALS BOARD
3 REGULAR MEETING
4 MAY 11, 2010
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'The regular meeting was called to order at 6:00 p.m. by Chair Crai� Kunkle.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
lo Members Present: Chair Craig Kunkle, Vice Chair Michael
11 Hecht, Barry Present, Joanne Koerner, Roma Josephs (Second A
�4
12 Members Absent: Amir KaneL �;�
��£ ;.
13 Also Present: City Attorney R. Max Lohman; Staff Liais�
14 Administrator Natalie Wong; Senior Planner Richard Ma�� o, �Pl�
15 IV. ADDITIONS. DELETIONS AND MODIFI��TION�
16
17
18
None.
V.
Interim Growth
19 Ordinance has had some changes n
2o Annexation hearing (ANNX-10-03-00(
21 VI. APPROVAL OF MINUTES
22 Randolph Hansen made a motion to a
23 Roma Josephs seconded.
24 Motion passed 7-0. � n������T
`� �" f�;F� p=,.
25 VII. PUBLIC HEARI'l�'G������'�
26
27
�s
29
30
31
Each Board
1. Rea
PCDA-10-[
t order for
t:
32 of appro��l�to the overallF
33 request, IV��chael J. Sanche
34 language of �ndition No.
35 traffic signal. Pa c�l 31.04
36 intersection of Inter t;�e 9`
��=
and copies w �
should have been
with staff
2010
:, Randolph Hansen, Joy
sitting for Amir Kanel).
vth Management
ilson.
o%ted the Com�nunity Gardens
ided to each board member.
as a quasi judicial hearing.
APPEALS BOARD
;'��d:ing the agenda.
val���A city-initiated req��c°st for approval of an amendz��ent to the
—�� ��
31.0`4��u.�F.,'�,'�(l,(�nned Community Development (PCD), to add a condition
�" 4'ly%/ i�
'D master plan development order. In addition to the city-initiated
F, �;��
a�gent fQi` the applicant, requests approval of a modification to the
;of Resolution 4, 2007, related to the timing of posting surety for a
�;
'� is approximately 50.58 acres and is located directly east of the
�d Central Boulevard,
37 Randoph Hansen re`cused`himself from this portion of the meeting, stepped away from the dais
�4} .< �,D(Y
513�
38 and signed Form 8B. ��
��.
39 Presentation by: Mike Sanchez, Johnston Group Land Development.
4o Chair Kunkle opened the public hearing.
41 Public Comment: CarolYn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens.
42 Chair Kunkle closed the public hearing.
43 Vice Chair Panczak made a motion for approval.
44 Barrv Present seconded.
4s Motion passed 6-0.
46 Randolph Hansen returned to the dais.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
05•11• 10
Page 1
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1a
2. Recommendation to Citv Council (Public Hearin�)
LDRA-10-03-000030 — Commnnitv Gardens — A City-initiated request to amend the City's
Land Development Regulations ("LDRs") in order to create a"Community Garden" use and
establish regulations and a review process.
Presentation bv: Senior Planner Richard Marrero
Discussion ensued.
Chair Kunkle opened the public hearing.
Public Comment: None.
Chair Kunkle closed the public hearing. �����,
Barry Present made a motion to deny approval. �'��' �`��
t�f y
� i
Joanne Koerner seconded. �`� �
�z�y•�� ��, `
� s ,� ti
Motion passed 7-0. ����4� � � ���
�e Recommendation to Citv Council
�s on behalf of 95 Hood LLC., to allow the
16 generally located on the northwest corner of
17 Jo�nne Kaerner recused herself from this
1s and sib ed Form 8B.
19 City v�ttorney Lohman explained one ,pres
20 and C;�'�-10-03-000013, but discussior��a�
21 The Municipal5ervices Coordinator swor���
22 Presentation bv: Interim Growth Mana�em
23 Chair Kunkle noted receipt of a letter f
24 Marcus requesting the ite� ���postponed to
.. �:������r��� ,.
25 the due process re�
26 Chair Kunkle c�p�
27 Public Com��lent:
____ _�_
2g Beach Ga��:�ns; '�`
29 Chair Kunkle..c1G
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38
t�
Roma
Motion
SITTING AS
Chair Kunkle
ROLL CALL:
6-0.
�" ,
rr��de a
�
ne�ati � — A requ`�
of Parcel 18.A07,
and th`���Florida Tur
►tation can �e�
votes for each
stepped
Jose Martinez,
39-acre parcel
the dais
for ANNX-10-03-000004
be separate.
Commissioner Karen
explained
erty Manager, 6880 Palni Court, Palm
Beach Gardens.
ourn the Planning, Zoning and Appeals Board meeting.
PLANNING AGENCY
ng of the Local Planning Agency to order.
39 Members Present: Chair Craig Kunkle, Vice Chair Michael Panc�ak, Randolph Hansen, Joy
40 Hecht, Barry Present, Joanne Koerner, Roma Josephs (Second Alternate sitting for Amir Kanel).
41 Members Absent: Amir K.anel.
42 1. Recommendation to C�ty Council (Public Hearin�)
43 CPMA-10-03-000013 — Pa=°�°el 18.A07 Future Land Use Man amendment — A request by
44 Jose Martinez, on behalf of ��5 Hood LLC., for a large-scale Comprehensive Plan Future Land
45 Use Map amendment from P�lm Beach County Low Residential, (LR-2) to City of Palm Beach
PLANNING, ZONING AND APPEALS BC�ARD REGULAR MEETING Page 2
05•11• 10
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Gardens Residential Low (RL) for Parcel 18.A07, a 12.39-acre parcel generally located on the
northwest corner of Hood Road and the Florida Turnpike.
Joanne Koerner remained recused for this portion of the meeting.
Presentation by: Jose Martinez, 95 Hood LLC.
Citv Attornev Lohman announced a sign-up sheet was available for those wishing to receive
further information on the Comprehensive Plan Amendment.
Chair Kunkle opened the public hearing.
Public Comment: William Raimond, Eastpointe Properiy Manager, 6880 Palm Court, Palm
Beach Gardens; Tim Lvons, 6148 Celadon Circle, Palm Beach Gardens ,,
, �.
Chair Kunkle closed the public hearing. F,�� '�`°
Randolph Hansen made a motion for approval. ,����>,,
� ,, �
Roma Josenhs seconded. ` ' �
� �'r' �LSFS
Motion passed 6-0. �` �` � � �
� _ ��y,
��, F � ',?�.,.
,.,
Joanne Koerner returned to the dais. %, �> �` �
�.s �
2. Recommendation to City Council (Public Heara��) ��,,��,
CPMA-10-03-000012(al - Lar�e Scale Future���nd Use �tan amendmen�r�e��rdin� St.
17 I�natius Church — A City-initiated Large Scale Fui�(
1 s the land use designation of a portion of the St. Ignatiu;
19 (RM) to Residential Low (RL). The 19, acre parcel is
�<,,
2o Drive and Military Trail. �� ����
� ��� �a
21 Chair Kunkle left the dais. �`��� ��
22 Presented bv: Planner Kathryn Wilson ��,y����q���"� �y��
� �6 f `�
S
23 Vice Chair Panczak opened the public heari�tg. 4�
24 Public Comment: None ��„` � �
w �_�� � �
25 Vice Chair Panczak cl�j��'d�tfi��ublic hearing�`} ��
26 Barry Present made�a m,otion fo��r� proval. �
� �, Y
2� Roma Josephs sec nded����� � ���
2s Motion passed 6-0. ���� �����:� .,.... ���
z9 3.
�0 C
31 NJ
32 U
33 Unit De�elo�m
�i %? '�
34 Residential i�o�
35 Grandiflora Ro�
36 subject petition
37 existing zoning
P
�
��„��
��, Map Amendm�nt to change
ircel from Resi�ential Medium
the southwest corner of Holly
�< �TT�T i�' i�'�1
�� t�
mer� [�a�.it Deve o�p.ment (PUD) — A City-initiated Large Scale Future Land
� .,�4£.���, ��.7 ��
1t to c�ian�e a po qn of the land use designation of Magnolia Bay Planned
(PUD) �����n a c���ignation of Residential High (RH) to a designation of
:L). 'The�$�.03 acre site is generally bound by Hood Road to the south,
����
�the nortl��Military Trail to the east, and Central Boulevard to the west. The
;�
��c„�ss� to ensure consistency between the land use designation and the
3s Planner Kathryn Wils�on stated the item had been withdrawn.
39 Chair Kunkle returned to the dais.
40 4. Recommendation to City Council (Public Hearin�)
41 CPMA-10-03-000012(c) - Lar�e Scale Future Land Use Map amendment re�ardin�
42 Westwood Gardens/Westwood Lakes Planned Unit Development (PUD)
43 A City-initiated large Scale Future Land Use Map amendment to change the land use designation
44 of Westwood Gardens/Westwood Lakes from Residential Low (RL) to Residential Medium
45 (RM). The 129.35 acre site is located on the south side of Hood Road, between the Florida
46 Turnpike and Central Boulevard.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 3
05•11• 10
1 Presented bv: Planner Kathrvn Wilson.
2 Chair Kunkle opened the public hearing.
3 Public Comment: None.
4 Chair Kunkle closed the public hearing.
5 Barrv Present made a motion for approval.
6 Joanne Koerner seconded.
7 Motion passed 7-0.
8 5. Recommendation to Citv Council (Public Hearin�)
9 CPMA-10-03-000012(dl - Lar�e Scale Future Land Use
l0 Paloma Planned Unit Development (PUD) — A City-initiated
11 Map Amendment to change the land use designation of a pq�
12 Residential High (RH) and Residential Medium (RM) to
13 parcel is generally located south of Hood Road, west of M
� 4 and Interstate 95. <� `
�„
1s Presented bv: Planner Kathr_yn Wilson. ��`
16 Chair Kunkle o ened the ublic hearin . �����z�
P P g � ���� ��
17 Public Comment: None. ' ��v ,�
� .;;
18 Chair Kunkle closed the public hearing. �
19 Vice Chair Panczak made a motion for approvaL �
2o Randolph Hansen seconded. ��°'
����'�
21 Motion passed 7-0. ���.� ���a
22 6.
23
24
el - Lar�e Scale
Oaks Planned Unit D
25 Amendments to chang�
26 would modify the lat��
27 (RL) to Residential T�i�
28 for the (RL) The a�pro:
29 the north, C�t�li�,a� I.ake
3o Condomin�u�iis �Oa'�::P�
31
32
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34
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Buildin�,�Village S�
and Pr` i speritv Oaks
the
Trail,
� Scale Future Land Use
f the Paloma PUD from
�.ow (RL). The 156 acre
���,.
��s:��of Central Boulevard
_(PUD) �����i�o (2) `�L�"F°�e Scale Future Land Use Map
e designa ���ns for Th���aks PUD. The first amendment
ion for the `Sun Terrace community from Residential Low
second amendment would modify the land use designation
��.
tac�e Oaks PITD is generally bound by RCA Boulevard to
� s �:� �.
he ���: ;�;� ��dge to the west, Gardens Professional Center
is Road to the south, and Courryard Garder:.s Centre Office
u' d�g, Club Oasis treatment Facility, Nature's Hideaway
L�;���ies, and The Oaks Center Office Building to the east.
hearing.
36 Chair Kunkle closed;the p�lt'C��ic hearing.
37 � Randolph Hansen ma��ie„�°°motion for approval.
����
3s Vice Chair Panczak �econded.
39 Motion passed 7-0. �
40 7. Recommendation to City Council (Public Hearing)
41 �PTA-10-03-000018 - Text Amendments to the Comprehensive Plan, which provides for a
42 comprehensive update to several elements — Text Amendments to the Comprehensive Plan,
43 which provides for a comprehensive update to several elements, including: minor modifications
44 to certain land use designations, and various amendments to provide clarification, updates, and
45 internal consistency.
46 Presented bv: Interim Growth Mana�ement Administrator Natalie Wong.
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Chair Kunkle opened the public hearing.
Public Comment: None.
Chair Kunkle closed the public hearing.
Barry Present made a motion for approval.
Joy Hecht seconded.
Motion passed 7-0.
VIII. OLD BUSINESS
Interim Growth Management Administrator Won� reported
Downtown at the Gardens has been installed, Code changes to
signage, special events and signage will be addressed this su
Operations and Communications Center was approved by City Gc�uri
IX. NEW BUSINESS �` '� `
//G�
None. '`%��
the first of the gates at
�utt�taor seating, temporary
imer``�and the Emergency
(The remainder of this page
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
05•11• 10
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X. ADJOURNMENT
Chair Kunkle adjourned the meeting at 7:10 p.m.
The next regular meeting will be held June 8, 2010.
APPROVED:
AT'
Craig Kunkle, Chair
Donna M. Cannon
Municipal Services Coordinator
Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the
meeting.
All referenced attachments are on file in the Office of the City Clerk.
Note: All those preparing to give testimony were sworn in.
/
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
05•11• 10
Page 6
CITY OF PALM BEACH GARDENS
PLANNING, ZONING and APPEALS BOARD
Agenda Cover Memorandum
Meeting Date: June 8, 2010
Petition #: LDRA-09-07-000025
Ordinance 13, 2010
SUBJECT/AGENDA ITEM
LDRA-09-07-000025: Code Amendments to Environmental Lands Mitigation and
Dumpsters/Recycling
Public Hearing & Recommendation to City Council: This is a City-initiated Land
Development Regulations ("LDRs") text amendment. The proposed amendment helps
clarify various Natural Resources and Environmentally Significant Lands code
requirements, and amend current environmental code language to be consistent with
the existing Conservation Element �f the City's Comprehensive Plan. City staff is also
taking the opportunity to amend the Dumpster/Recycling codes based on the
requirement in the Comprehensive Plan related to the green initiatives.
[X] FZ�corr�mendation to APP�OVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: FINANCE: PZAB Action:
City Attorney: Growth Management:
Project Mana er. Costs: [] Rec. Approved
�. $ N/A [] Rec. app. w/ conditions
R. Max Lohman, Esq. Mark Hendrickson Total [] Rec. Denied
Devel ment Compliance: City Forester [] Continued to:
t �f $ N/A
Bahareh Keshavarz-Wolfs, AICP � l Quasi-Judicial Current FY
[ X] Legislative
ResQurce Manager: [ X] Public Hearing Funding Source:
�
[ ] Workshop
Allyson Black Advertised: I] Operating Attachments:
Date:5/28/10 • Current Conservation
Interim Growth Man em nt [X] Other N/A Element
Paper: Palm Beach Post
Adm' ' ato � • Proposed Ordinance 13,
�/' � � [X] Required 2010
Natalie Wong, AICP [] Not Required Budget Acct.#:
NA
Approved By:
City Manager: Affected parties:
[ X ] Notified
Ronald M. Ferris [] Not Required
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 2 of 32
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.
A City-initiated Comprehensive Plan text amendment to the Conservation Element
began in January of 2005 (Petition CP-05-02) to clarify that the City Council may
approve either off-site mitigation or payment in lieu of preservation under appropriate
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 tanguage in
Ordinance 9, 2005 was incorporated into the current Comprehensive Plan, which was
adopted on December 18, 2008, by Ordinance 14, 2008.
Within the last ten (10) years, the City has approved eight (8) developments which
contained provisions for environmental mitigation in lieu of upland preservation on site.
The following projects were approved with environmental mitigation:
• The Isles PUD (Ordinance 19, 2000): 100% off-site mitigation was approved with
1.14 acres ultimately located within the platted upland preserve of Magnolia Bay
PUD;
• Legacy Place PCD and Parcel 5B PUD: Combined approval (Resolution 1, 2001)
for 100% off-site mitigation with 10 acres ultimately located within the platted
preserve of the Parcel 5A PCD;
• Legends at the Gardens PUD (Ordinance 7, 2003): (50%) mitigated off-site with
3.47 acres of vacant property bought within the Sandtree PUD and preserved
through a Conservation Easement dedicated to the Sandtree Homeowners
Association;
• Donald Ross PUD (Resolution 115, 2004): (29°/o) mitigated off-site with a 3.09
acre Conservation Easement located off of the Bee Line Highway;
• Gardens Station PUD (Resolution 217, 2004/Resolution 87, 2005): 100%
environmental mitigation with a 1.62 acre Conservation Easement located off of
the Bee Line Highway;
• Borland PUD (Resolution 92, 2004/Resolution 10, 2005): (78%) mitigated off-site
with a 4.63 acre Conservation Easement; and
• Scripps Florida-Phase II/Briger Tract DRI (Resolution 80, 2009) mitigated off-site
with 12.7 acres of existing Palm Beach County vacant property off of Central
Boulevard.
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 3 of 32
This proposed amendment to the Land Development Regulations (LDR) changes:
• Section 78-158 (d) (2) pertaining to prohibited waivers is being clarified so that it
is clear that only the minimum 25 percent set-a-side and/or the associated
mitigation option requirements cannot be waived by City Council, verses
unacceptable interpretation which may have concluded that the entire Division
Article V cannot be waived.
�
5,
• Section 78-242 pertaining to applicability is being clarified so that it is clear that
all proposed development, including agricultural operations, that contain
environmentally significant tands shall set aside upland native plant communities
as preserve areas and/or select mitigation options.
• Section 78-246 lists lands that are designated
lar�ds. Those three (3) area� are the "functioning
deepwater habitats, any part of the Loxahatchee
historical or archaeological significance."
as environmentally significant
and jurisdictional wetlands and
Slough Sanctuary, and sites of
• Section 78-249 pertains to the criteria for proposed land alteration of both
uplands and wetlands. This section amends the value and mitigation language as
fol lows:
1
2
3
0
City staff is proposing that on-site restoration or creation of native upland
environments or habitats, which currently is a mitigation option under 78-252
(3), is just as acceptable as the preservation of the existing intact native
environments, as long as the 25 percent acreage value is protected. The
Comprehensive Plan lists "off-site preservation" or "money in lieu of" on-site
preservation as the only two (2) options of mitigation;
Language is being added that clearly gives City Council the ability to defer all
wetland preservation and mitigation to other agencies having jurisdiction over
wetlands, which is currently the practice so that there is no duplication of work
by the different agencies;
The off-site land or money in lieu of on-site preservation mitigation options
can only occur east of the City's Urban Growth Boundary ("UGB"). This does
not preclude lands east of the City's UGB purchasing lands west of the UGB
for off-site mitigation as long as it is within the City's corporate limits;
A property owner of a platted upland preserve is not permitted to use off-site
or cash payment options to modify an existing preserve. As an example, the
Sanctuary PUD recently transferred preserve lands from one location on-site
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 4 of 32
to another area on-site for no net loss of the required 25 percent upland
preserve set-aside in order to create a lake access tract; and
5. Density transfers for wetlands can occur in rural areas of one dwelling unit per
twenty acres.
• Section 78-250 pertains to the preserve area minimum requirements. This
section clarifies the 25 percent designations, and amends the minimum total area
and allowable alteration language as follows:
1. City Council already has the option to approve any portion of the site to
achieve the total upland native plant communities 25 percent set-a-side. The
new language clarifies all of the options available to City Council to approve
or deny mitigation. The mitigation approved by City Council will be based on,
and compared to, the land's on-site quality and 25 percent acreage;
2. The proposed amendment removes the 40-acre restriction that could have
prevented City Council from an opportunity to analyze the benefits of the two
(2) mitigation options for large parcels east of the Urban Growth Boundary.
The old "40-acre" restrictive language was removed with Ordinance 9, 2005,
which amended the City's previous Comprehensive Plan. This language no
longer appears in any Policy of the current Comprehensive Plan; and
3. City staff is adding uses to the allowable uses within a preserve, such as
public sidewalks, which add to the ability for residents to utilize on-site
preserves.
• Section 78-252 describes the details of the mitigation options. The proposed
language clarifies, and amends the only two (2) forms of mitigations as follows:
1. A three (3) to one (1) ratio maximum limit has been proposed for off-site
preservation. Currently, the LDRs have no ratio cap for this form of mitigation.
However, each off site mitigation will still be reviewed on a case by case basis
based on the quality of each project's proposed uplands. In certain cases, for
certain sites with equal quality upland habitat, a one (1) for one (1) ratio may
be acceptable. The ultimate agreed upon ratio will be the decision of the City
Council. This language is also consistent with the mitigation language in the
code of similar communities, such as the Town of Jupiter;
2. Wetlands will not be able to be used for mitigating uplands. This is new
criteria. The language does not appear within the Comprehensive Plan, but
staff believes wetland mitigation and upland mitigation should be completely
separate forms of mitigation. It would not be prudent or cost effective to
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 5 of 32
involve South Florida Water Management District (for example) in upland
preservation/mitigation when City Council is the governing agency;
3. The appraisal for the payment in lieu of preservation option would be based
on a proposed or approved site development plan. City staff believes this
approach will better define some of the variables needed for appraising land.
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 bear no costs associated with any
mitigation proposal;
4. City staff also is expanding the list for which the mitigation funds can be used,
including land purchase, management, and construction of environmental
improvements within environmental lands set aside for conservation; and
5. Environmental restoration or creation has been eliminated as a form of
mitigation, but has been added to Section 78-249 as a form of upland
preservation.
• Division 9, Subdivision III, Section 78-278 amends the dumpster regulations to
encc�urage screening of all d�mpsters. Section 78-379 amends the recycling
code to require all new and major non-residential redevelopment projects provide
storage areas for recycling containers. Staff believes this will encourage
conservation in an energy efficient manner because it will be cheaper to add
recycling containers to individual sites.
• Definitions are also being added to Section 78-751, that are consistent with the
Comprehensive Plan within the Conservation Element for ecosystem,
endangered or threatened species, species of special concern, listed species,
"protected" species and upland native plant community.
These proposed Land Development Regulation amendments provide for recognition of
the importance of providing alternative methods to address preservation of upland
areas, and recognizes that it is often appropriate to allow off-site mitigation, or
alternatively, the payment of money in lieu of on-site preservation, or a combination of
all methods, at the option of the City Council, as well as, the benefits of recycling.
The proposed Land Development Regulations amendment is consistent with the overall
intent of the goals, objectives and policies of the City's Comprehensive Plan.
The proposed language to the dumpsters and recycling codes encourages conservation
of natural resources mandated by the City's Comprehensive Plan.
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 6 of 32
CONSISTENCY WITH EXISTING GOAL, OBJECTIVES AND POLICIES WITHIN THE
CITY'S COMPREHENSIVE PLAN:
Policy 6.1.4.5.: To ensure protection of environmentally sensitive areas and listed
species, the City shall implement the following criteria either in combination or
singly for any proposed alteration of lands designated as environmentally
significant pursuant Comprehensive Plan policy 6.1.4.3.
1. The project design provides for the protection and preservation of valuable
or unique existing natural resources, listed species and environmentally
significant lands on site;
2. If no listed species have been determined to exist on the site or on-site
preservat��n vvould yield a pres�r�ve area that is less th�n the preferred
minimum of ten acres or unavoidable impacts to wetlands occur, an
alternative form of mitigation acceptable to the City Council is
implemen�ed;
3. The City shall continue to require, through Land Development Regulations,
that all development with significant environmental impacts, including
agricultural development, set aside as preserve areas a minimum of 25
percent of the total upland native plant communities on site. The 25 percent
set-aside shall be based on the quality and viability of the vegetative
ecosystem. The city shall have the option to designate the portion of the
plant community which will be included 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.
The city shall, for development occurring east of the Urban Growth
Boundary, have the option of accepting off-site preservation or a cash
payment in lieu of preservation and shall accumulate such payments from
development for the purchase and management of off-site upland native
plant communities. The Land Development Regulations shall establish
criteria for assessing the cash payment amount and for determining which
projects warrant the use of the cash payment option. A property owner of a
platted upland preserve shall not be allowed to use the off-site preservation
or the cash payment option to modify the preserve area.
a
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 7 of 32
4a. Wetland habitats are set-aside as preserves, and development is prohibited
in wetlands except under the following circumstances consistent with
Treasure Coast Regional Planning Council Policy 6.6.1.1:
1) Such an activity is necessary to prevent or eliminate a public hazard;
2) Such an activity would provide direct public benefit which would exceed
those lost to the public as a result of habitat alteration, degradation, or
destruction;
3) Such an activity is proposed for habitats in which the functions and
values currently provided are significantly less than those typically
associated with such habitats and cannot be reasonably restored;
4) Su�h an activity is water d��aer�dent or, due to the �nique geometry of
the site, minimal impact is the unavoidable consequence of development
for uses which are appropriate given site characteristics, or;
4b. Wetlands shall be protected by a density transfer program to upland areas.
Where development occurs within wetlands, the developer must mitigate
the function and value of those wetlands. Development activities shall
occur at a density of no more than one dwelling unit per five acres in the
urban area and one dwelling unit per twenty acres in the rural area, shall be
clustered to the least environmentally sensitive portion of the site and shall
include design considerations to protect the wetland functions of the rest
of the site. Consistent with SFWMD regulations, a minimum 15-foot upland
buffer composed of native vegetation shall be preserved or established
around wetland areas.
5. For a site on which listed which listed species are known or suspected to
be present, one of the following criteria shall be satisfied:
1. It shall be successfully demonstrated that the proposed land
alteration/development activity will not preclude the continued survival and
viability of those listed species located on site; or
2. A plan for relocation, either on-site or off-site, for those listed species,
shall be approved by all appropriate agencies.
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 8 of 32
The proposed amendment is consistent with the only conservation policy that states
specific preserve size limitation criteria of 25 percent of the total upland native plant
community. All other conservation policies control the planning restrictions of the 25
percent set-aside.
The proposed amendment is consistent with the above statement that agriculture is a
form of development that should also protect environmental lands. Since agriculture
use has a definite impact on lands, the upland set aside determination should be
determined prior to those impacts.
The proposed amendment is consistent by stating that the City shall have the option to
designate the portion of the plant community which will be included in the 25 percent set
aside, and the LDRs shall establish criteria for determining which projects warrant the
use of the cash payment. Also, the concept of creating a City code that compares
wetlands to uplands is not practical. Therefore the proposed amendment sirr�ply allows
for mitigating uplands with other uplands, which is easy to understand and assess.
Policy 6.1.1.3.: The City shall require tf�e r�view of all propo�ed wetlands
development with the Florida Department of Environmental Prot�ction (DEP),
SFWMD, Treasure Coast Regional Planning Council (TCRPC), and the U.S. Army
Corps of Engineers to ensure compliance with dredge and fill permitting
processes.
The proposed amendment is consistent with this policy. The amendment clearly gives
City Council the ability to defer all wetland preservation and mitigation to the other
agencies having jurisdiction over wetlands, so that there is no duplication of work by the
different agencies.
Policy 6.1.8.5.: The City shall maintain the following minimum requirements to all
required preserve areas for environmentally significant lands.
('I) Lands to be set aside in preserve areas shall be:
a. Identified based on the quality of habitats, the presence of listed
species, proximity to other natural areas and other relevant factors.
b. Preserved in viable condition, with intact canopy, understory, and
ground cover, and maintained without infringement by drainage or
utility easements, unless the easements serve to benefit the preserve
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 9 of 32
or facilities thereupon, or benefit the drainage of the development
the preserve is located.
c. Platted as separate parcels of land, or as an established
conservation easement.
d. Capable of functioning within itself or in conjunction with manmade
features.
e. Clearly defined, protected and managed in such a way that it serves
a purpose to the communities around it.
f. Contiguous, wherever possible, to an adjacent preserve, public park,
school site, or human-made open space or combination thereof.
g. Maintained as large open or green areas with the intent of preserving
large areas to promote self-sustaining, balanced plant growth,
bi�diversity, and wildlife e�hancement and shall b� c�nnected with
other preserve areas to conceptually function as wildlife corridors.
h. One-hundred-percent protected from alteration during site
construction.
i. Compact in nature, avoiding strip or noncontiguous patterns and
arranged in a continuous fashion where possible. The use of
preservation areas as long, narrow buffers is discouraged.
j. Protecting and preserving of all endangered and threatened plant,
animal and marine populations and the habitat of critical value to
regional populations of endangered and threatened species.
k. Consistent with South Florida Water Management District
regulations, such that a minimum 15-foot upland buffer composed of
native vegetation shall be preserved or established around wetland
areas landward from the edge of the wetland in all places and shall
average 25 feet of width from the landward edge of the wetland.
I. Cleared of invasive nonnative vegetation (e.g., Brazilian pepper,
Australian pine and Melaleuca), except as otherwise authorized by
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 10 of 32
the city, by the developer at the time of development or
redevelopment of a site.
Lands that are set aside in a preserve status may be included in open space
calculations for purposes of ineeting open space requirements of the city's
planned community district or planned unit development ordinances if the
canopy, understory, and ground cover vegetation are left intact. However, such
preserved lands shall not make up more than 50 percent of the total required
open space, unless it is determined by the city council that a greater portion of
the required open space should consist of preserved area because of special site
constraints or preservation opportunities.
(2) Alteration within the preserve shall require City approval, and shall be
limited to:
a. The construction of boardwalks, pervious walkways, and other passive
recreational or educational facilities.
b. The construction of firebreaks, fire lanes, or fence lines and fihe removal
of invasive nonnative species and their replacement with native species.
The use of native plant communities, existing roads and trails, etc., as
firebreaks is preferred to the construction of new access roads or fire
lanes, which would result in the introduction and spread of invasive
nonnative plant species. Bioconversion of woody biomass, removal of
underbrush and overgrowth, or thinning of dead, dying or diseased
native plant communities is encouraged for hazardous fuel reduction.
c. Primary public/institutional buildings shall be prohibited in the
conservation land use designation and within other environmentally
sensitive lands, including wetlands, 100-year floodplains, groundwater
aquifer recharge areas, areas set aside by the development to meet the
25-percent preservation of native ecological communities and wildlife
habitats, unless otherwise approved by the city council.
Policy 6.1.8.5 (1) and (2) support the additional uses allowed in the preserve. Pervious
and impervious public sidewalks are used for passive recreation and education. Upland
and wetland preserves cannot be disassociated from the overall drainage plan of a
development, so occasionally City Council does approve preserve set asides for other
open space activities when they benefit the development and are compatible with the
environment.
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 11 of 32
Policy 6.1.4.3.: The City shall maintain land development regulations containing
specific standards and guidelines for the protection of environmentally sensitive
lan.ds containing one or more of the following:
a. Native habitats designated as environmentally significant if they are
actively used by or likely to support or contain U.S.- listed endangered, or
threatened species and/or state listed endangered or threatened species,
or species of special concern;
b. A rare and unique upland community such as coastal scrub;
c. Functioning and jurisdictional wetlands and deepwater habitats;
d. Any part of the Loxahatchee Slough Sanctuary;
e. Sites of historical or archaeological significance;
f. Xeric hammock or xeric scrub;
g. Tropical hammock;
h. Low hammock, temperate hammock, or mesic hammock;
i. Mixed hardwood swamp or hydric hammock;
j. Pond apple slough;
k. Cypress swamp;
I. Freshwater marsh;
m. Mangrove swamp;
n. Oak forest;
o. Pine flatwoods, mesic and hydric;
p. Scrubby flatwoods;
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 12 of 32
q. Coastal dune and strand; or
r. Wet prairie.
The proposed amendment adds three (3) missing environmental areas to the list. The
LDRs list is verbatim to the Comprehensive Plan list.
Policy 6.2.2.5.: By December 31, 2009, the City shall review the City's Land
Development Regulations to consider the addition of specific energy efficient and
recycling regulations to encourage conservation.
The proposed amendment provides different and more cost effective ways to screen
dumpsters, including recycling containers. This will encourage conservation in an
energy efficient manner because it will be cheaper to add recycling containers to
individual sites.
Environmental definitions are being added to Section 78-751, which are verbatim to the
Corx�prehensive Plan.
PROPOSED CITY CODE AMENDMENTS:
City staff has evaluated the current LDR sections that need to be modified in order to be
consistent with the current Comprehensive Plan goals, objectives and policies.
Strikethrough language is proposed to be omitted and text that has been bolded and
underlined is new language. The following are the proposed code amendments:
Sec. 78-158. Waivers to planned development district requirements.
(a) Purpose and intent. The purpose and intent of this section are to encourage
applicants for planned development, PUD, and, PCD, approval to propose residential
and nonresidential projects that are innovative, creative, and utilize planning, design,
and architectural concepts that will be of benefit to the city. The use of innovative and
creative techniques and concepts may require one or more waivers to the development
standards applicable to such projects. The city council may grant one or more of the
requested waivers, provided community benefits such as architectural design,
pedestrian amenities, preservation of environmentally-sensitive lands, provision of
public parks and open space, or mixed uses which reduce impacts on city services are
demonstrated.
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 13 of 32
(b) Waivers permitted. An application for development order approval for a PUD or
PCD may include a request for waiver of one or more requirements of this chapter.
Requests for waivers shall comply with the requirements contained herein. For the
purpose of this section, a waiver is defined as a reduction in a development standard or
other land development requirement normally required by this chapter.
(c) Purpose and intent. The purpose and intent of this section are to encourage the
use of PUDs and PCDs, as provided in sections 78-154 and 78-155, in order to achieve
the benefits to the city and the property owner as described in those sections.
(d) Prohibited waivers. The waivers listed below shall not be granted by the city
council.
(1) A waiver from the requirements of division 2 of article V, establishing the PGA
overlay district.
(2) A waiver from the minimum 25 percent set-a-side and/or associated mitiqation
requirements for upland preservation of the environmental sensitive lands as provided
in division -4- 5 of article V.
('Note: This change clarifies the only State/County mandated upland preservation
requirement that cannot be waived.]
(3) A waiver from any requirement associated with the city's concurrency management
requirements established in division 3 of article III.
(e) Grant of waivers. 1Naivers from requirements applicable to planned developments,
including PUDs and PCDs, shall be granted by the city council, following an advisory
recommendation by fihe planning, zoning, and appeals board.
(fl Waivers established. For the purposes of this section, the city council may grant
waivers as indicated in Table 20.
(The remainder of this page intentionally left blank)
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 14 of 32
Table 20: Waivers to Planned Developments
City
Development Standard or Requirement Council
Waiver
Building Height +�
Sign Regulations f
Landscaping ✓
Open Space �
Standards Applicable to Planned Developments, PUDs and PCDs �
Architectural and Design St�ndards ✓
Engineering Standards �
Permitted Uses within PUD or PCD �
Development Standards Applicable to Permitted and Conditional �,
Uses
Minimum PUD/PCD Size ►'
Supplementary District Regulations �
Number of Required Parking Spaces and Size of Parking Spaces ►�
Building Setbacks (front, side, side corner, and rear) �
Lot Coverage, Size, Depth and Width �
Height of Buffering and Screening Walls ►�
Others as provided by these land development regulations �'
(g) Residential variances. Any reduction to a PUD or PCD development standard or
requirement applicable to an entire residential use or project shall occur only as
provided in this section. However, the owner of a single-family dwelling may apply for a
variance to the applicable development standards, rather than apply for a waiver. The
purpose of this section is to allow an owner or tenant to request a modification without
the time, effort, and expense associated with an application for a development order
amendment.
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 15 of 32
(h) Application. All requests for a waiver shall be submitted in writing and
accompany a development application for planned development, PUD, or
approval. Each waiver to planned development requirements or standards utilized
development application for approval of a PUD or PCD shall be identified by
applicant.
(i) Criteria. A request for the city council to approve a waiver from
standards and requirements applicable to a planned development,
comply with a majarity of the criteria listed below.
(1)
�2)
The request is consistent with the city's comprehensive plan.
shall
PCD
in a
the
one or more of the
PUD, or PCD shall
The request is consistent with the purpose and intent of this section.
(3) The request is in support of and furthers the city's goals, objectives, and policies to
establish development possessing architectural significance, pedestrian amenities and
lir�kages, employment opporkunities, reductions in vehicle trips, and a sense �f place.
(4) The request demonstrates that granting of the waiver will result in a development
that exceeds one or more of the minimum requirements for PUDs.
(5) The request for one or more waivers results from innovative design in which other
minimum standards are exceeded.
(6) The request demonstrates that granting of the waiver will result in preservation of
valuable natural resources, including environmentally-sensitive lands, drainage and
recharge areas, and coastal areas.
(7) The request clearly demonstrates public benefits to be derived, including but not
limited to such benefits as no-cost dedication of rights-of-way, extensions of pedestrian
linkages outside of the project boundaries, preservation of important natural resources,
and use of desirable architectural, building, and site design techniques.
(8) Sufficient screening and buffering, if required, are provided to screen adjacent uses
from adverse impacts caused by a waiver.
(9) The request is not based solely or predominantly on economic reasons.
(10) The request will be compatible with existing and potential land uses adjacent to
the development site.
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 16 of 32
(11) The request demonstrates the development will be in harmony with the general
purpose and intent of this section, and that such waiver or waivers will not be injurious
to the area involved or otherwise detrimental to the public health, safety, and welfare.
Sec. 78-242. Applicability. [Division 5. Natural Resources and Environmentally
Significant Lands]
(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 proposed
development, includinq aqricultural development, that contains environmentallv
siqnificant lands as defined in this division, shall set aside upland native plant
communities as preserve areas and/or select one or more of the mitigation
option� as outlined in this c�dvision.
(b) Alteration and conservation of lands. This chapter shall apply to the alteration and
conservation, as defined in thi� ch�pter, of all lands in the city.
(Note: The change is necessary to be consistent with the Comprehensive Plan Policy
6.1.4.5 (attached).]
Sec. 78-246. Designation of environmentally significant lands.
(a) Criteria for designation. Lands shall be designated as environmentally significant if
they contain one or more of the native habitat types listed below, as defined by the
Guide to the Natural Communities of Florida, published by the Florida Department of
Environmental Protection:
(1) Coastal scrub;
(2) Xeric hammock or xeric scrub;
(3) Tropical hammock;
(4) Low hammock, temperate hammock or mesic hammock
(5) Mixed hardwood swamp or hydric hammock;
(6) Pond apple slough;
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 17 of 32
(7) Cypress swamp;
(8) Freshwater marsh;
(9) Mangrove swamp;
(10) Oak forest;
(11) Pine flatwoods, mesic and hydric;
(12) Scrubby flatwoods;
(13) Coastal dune and strand; a�d
(14) Wet prairies.-}
�15) Functioninq and iur�sdictional wetlands and dee�awater habitats;
(16) Any part of the Loxahatchee Slouqh Sanctuary; and
(17) Sites of historical or archaeoloqical siqnificance.
(b) Additional habitats. Native habitats other than those listed in subsection (a) of
section 78-246 may also be designated as environmentally significant if they are
actively used by or likely to support or contain species listed as endangered,
threatened, or of special concern by applicable laws or regulations adopted by the U.S.
or State of Florida.
�Note: This change is necessary to be consistent with the Comprehensive Plan Policy
6.1.4.3 (attached).]
Sec. 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.
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 18 of 32
(a) Value. The project design provides for the protection and preservation of 25
percent of the most valuable or unique existing natural resources, listed species and
environmentally significant lands on site , or on-site restoration or creation of native
upland environments or habitats. If environmental restoration or creation is
proposed in total or in part, the applicant must demonstrate the area to be
improved is equal in size to the preservation area required bv this chapter.
(b) Upland 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 fen acres, or
the parcel is east of the Urban Growth
Boundary, an alternative form of mitigation �.���a�R°—ro +-�-^���� �� may be
implemented ^^^°�� in accordance with section 78-252.
(1) Minimum preservation area. A preserve area consistent with section 78-250 and
section 78-252 shall be the basis for any cor��id�ration of mitigation caf minimum
preserve area requirements.
� ' ' � � � ' a � ' � ' • • " � • •• � � � '
• � �• � �• �� � �� � � •� •• •
�li��i nf h r»rnol rinoo nn� �ei�rr�r�� r�roconro+inn nf
a. ThTn° q a�--o,—,- ��a-�+�a#—e�—a��-s+�� a,-�,—����a,�,����,T-�
,
,
, ,
���mc��r��� �hen, based on environmental assessments, off-site lands mav
better advance the purposes of this division due to characterisfics of a particular
site, such as the specific location, invasions of nonnative or exotic species, prior
alteration or disturbance of vegetation, or other similar circumstances, off-site
mitiqation or cash in-lieu of on-site preservation may be utilized, if approved bv
Citv Council.
• - -- -• - - • - -- - --.. _ -- -- - -: -- - •-
: ' � � u ' � ' � � • � � • � � � � � � ° • � • • • •
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. � • u � • � • � � � � � � • � � � � � • � � • �
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u � �� �� •� � • �� u� • u �. • � �� � • •• �• •�
� • u •� � • � •r � • � •• � �• � •• � � � � u�o
��. �
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 19 of 32
..... . .- - : :. .. . -- .-- .. . --.• - • -- - - ._. .
-- -- _.• •- • -- - - - - - . _ . ... .. ._ .. .
--- - - - - -- - - - - -- - - - . . _ . _ -
- - - - • - ' e : " e ' . _ . . • . _ . _ _ . � . . . .. . . . .. - -
� � � � • � � • � • � u � � � • . � r � • � � � u � • • � � �
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• �
• • • ' • • • . ' � • . • • • • ' • ' ' • • •
• • • • • • � � • • � ' •
• • • • ' • . ' � • . • •
(3c) Wetlands Miti_qation. If land alteration would resuit in unavoidable impacts to
wetlands, as determined bv the aqencv havinq jurisdiction over the subiect
wetlands, such impacts mav be mitiqated as determined by the agency havinq
iurisdiction.
a1. F'reservation. Wetlands are to be preserved �nd development activity is not
allowed in wetlands, except under the following circumstances, consistent with adopted
Treasure Coast Regional Planning Council policies as indicated below.
�-a. Such an activity is necessary to prevent or eliminate a public hazard.
�b. Such an activity would provide direct public benefits which would exceed those lost
as a result of the development or modification of the wetland areas.
�c. Such an activity is proposed for habitats in which the functions and values currently
provided are significantly less than those typically associated with such habitats and
cannot be reasonably restored.
4—d. Due to the unique geometry of the site, it is the unavoidable consequence of
development for uses which are appropriate, given site characteristics.
�e. The functions and values provided by wetland habitats to be destroyed are already
completely and fully replaced prior to occurrence of the proposed impact to existing
habitat.
�2. Density transfers. Wetlands shall be protected by use of clustering or similar site
development techniques to transfer development to upland areas on the same site.
Where development occurs within jurisdictional wetlands, the developer must mitigate
the function and value of those wetlands as determined bv the aqency havinq
iurisdiction over the subiect wetlands. Development activities within wetland areas
shall:
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 20 of 32
�-a. Occur at a density of no more than one dwelling unit per five acres in the urban
area and one dwelling unit per twentv acres in the rural area;
�b. Be clustered to the least environmentally sensitive portion of the site; and
3c. Include design considerations to protect the wetland functions of the rest of the
site.
(4-d) Listed species. For a site on which listed species are known or suspected to be
present, one or more of the criteria listed below shall be satisfied.
a1. The applicant successfully demonstrates that the proposed action will not preclude
the continued survival and viability of those listed species located on the site.
b2. The applicant presents a plan for relc�cation, either on site or �ff �ite, for those
listed species, which has been reviewed and approved by all agencies possessing
jurisdiction in such matters.
�Note: The section has been changed to be consistent the Comprehensive Plan Policies
6.1.1,3 and 6.1.4.5 (attached), and clerical changes.J
Sec. 78-250. Preserve area requirements.
(a) Minimum requirements. The minimum requirements listed below shall apply to all
required preserve areas for environmentally signifieant lands.
(1) Preserve area designations.
a. �4 The minimum of 25 percent of ����r�,-n°n+�ll���j.-r�i�fin��'an�-s, �„+�,.+ �nri�h
� e e �
, , the total upland native plant communities
shall be set aside as a preserve on site, unless city council approves mitiqation as
set forth in this division. The 25 percent set-aside acreaqe and/or mitiqation
acreage shall be based on the total of all the upland native plant communities on
site as determined by the environmental assessment.
b. The city council shall designate #�e that portion of °1nr�ifin�ri� I�r�rJo �e�hinh ch�ll ho
{�ese�e� the upland native plant communitv which will be preserved in order to
achieve the 25 percent preservation requirement. All lands to be preserved shall
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 21 of 32
be protected and managed such that they are kept in a viable condition with
native plant canopy, understorv, and qround cover.
c. Any decisions regarding the designation of preserve areas made by the city council
shall be based on a recommendation from the growth management department.
d. The city council shall have the authority and flexibility to define the preserve area
boundaries or adjust the size of such boundaries.
e. Any administrative decisions regarding the designation of required preserve areas
may be appealed in writing to the city council. The appeal shall be made consistent with
section 78-245.
f. Any preserve area modifications resulting from the permit approval process involving
other federal or state agencies with environmental jurisdiction �hall be reviewed and
approved by the city council or department, as applicable, prior to commencement of
land alteration or construction.
�Note: These changes are further clarifications and are supported by Policy 6.1.4.5 of
the Comprehensive Plan (attached).]
(2) Lands to be set aside in preserve areas. Lands to be set aside in preserve areas
shall be identified and selected based upon the criteria listed below.
a. The quality of habitats, the presence of listed species, proximity to other natural
areas, and other related environmental factors.
b. Preserved in viable condition, with intact canopy, understory, and ground cover, and
maintained without infringement by drainage or utility easements.
c. Platted as separate parcels of land, including conservation easements pursuant to
F.S. Section 704.06, or as otherwise approved by the city council.
d. Of highest quality, capable of functioning within itself or in conjunction with
manmade features.
e. Clearly defined, protected, and managed in such a way that it serves a purpose,
such as habitat protection, to the ecological and vegetative communities adjacent to
such area.
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 22 of 32
f. Contiguous, wherever possible, to an adjacent preserve, public park, school site, or
other permanent open space, or combination thereof.
g. Maintained as large open or green areas with the intent of preserving such areas to
promote self-sustaining, balanced plant growth, biodiversity, and wildlife enhancement
h. Connected with other preserve areas to conceptually function as wildlife corridors.
i. 100 percent protected from alteration during site construction.
j. Compact in nature, avoiding strip or noncontiguous patterns, and arranged in a
continuous fashion where possible. The use of long, narrow preservation areas is
discouraged.
k. Prot�cting and preserving �f the following: all endar�gered and threatened pl�nt,
animal, and marine populations. and the habitat of ccitical value to regional populations
of endangered and threatened species.
I. Consistent with applicable �outh Florida Water Management District regulations,
including the following:
1. A minimum 15-foot upland buffer, composed of native vegetation, shall be
preserved or established around wetland areas landward from the edge of the wetland
in all places; and,
2. The upland buffer shall average 25 feet of width from the landward edge of the
wetland.
m. Removal of invasive nonnative vegetation, except phased removal as otherwise
authorized by the city council, at the time of development or redevelopment of a site.
Species to be removed include, but are not limited to, such species as Brazilian pepper,
Australian pine, and Melaleuca, and are identified in section 78-318.
(3) Minimum dimension and total area.
a. The minimum length or width dimension of all required preserve areas shall be at
least 100 feet, except for preserve areas for historic or specimen trees when a smaller
size may be appropriate.
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 23 of 32
b. The preferred minimum total cumulative land area for preserve areas is ten acres;
�e�i+h +ho ovnor��inn nf v�r000r�ioc nn Ir��o nf lo�e +h�r� i1(1 �nroe
YYIiTT'CTf�vi�vvruv�� v� ��vvv� �vv v�� .v�v ...� .......... ......... ... ...........
1 � � • � � � � � � � � ♦ � � � � • � � � � � � � � �
• ' � � � ' � � • � � ' � ' • ' ' � • • ' • � ' r ' ' � � �
� •�� ' � � � �� . • ' • � •. • •
• • • . • •�• ' • i � � � . • i �
�Note: The change to paragraph "b" above is consistent with the Comprehensive Plan
change that occurred with the approval of Ordinance 9, 2005. The changes to
paragraph "c" are staff's request to clarify City Council's authority and clerical
corrections.]
(4) Conditions of approval. Any approved preservation plan, and accompanying
devel�pment order, shall, at a mi�imum, include the requir�ments listed below.
a. The applicant shall identify, flag, and survey wetland areas to be impacted for
review by regulatory agencies ar�d the department at the time of environmental per�it
application.
b. The applicant shall file, as applicable, environmental permit applications with
USACOE, PBC DERM, DEP, and SFWMD. The applicant shall provide findings,
permits, or other official actions of such agencies to the department for reference and
review prior to approval of construction drawings or commencement of land alteration,
whichever occurs first.
c. When a development order application includes a golf course, the applicant shall
provide to the department, prior to approval of construction drawings or commencement
of land alteration, whichever occurs first, all information listed below.
1. A management plan for golf course construction to ensure best management
practices are incorporated to eliminate the potential for nutrient-laden runoff into the
wetlands. Techniques may include spreader-swale, inverted fairways, and similar
improvements.
2. Development POD, golf course and cart path topographic elevations.
d. The applicant shall take extreme caution when filling in and around preservation
areas to ensure the protection of the root zone and canopy drip line area. Changes in
pH, topography, or drainage shall not occur which may result in disturbance or
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 24 of 32
destruction of the preserve area. Protection of preserve and buffer areas shall be
monitored by the applicant during all land alteration and construction activities.
e.
il
�
The proposed project shall be managed to ensure the following:
The protection of all listed plant and animal species;
The highest quality wetlands and uplands are preserved intact; and
3. To ensure that an adequate buffer is maintained around
Written certification shall be provided by the applicant's
environmental consultant stating the highest quality preserve
all listed plant and animal species have been maintained oi
ecosystem. This certification shall be submitted prior to �
alteration or construction.
(b) Alteration within the preserve.
all preserved wetlands.
landscape architect or
�reas, buffer areas, and
-site within a functional
ommencement of land
(1) Permitted alterations. The followinq alterations within #�e a citv approved
preserve shall require �°^�� approval, �^� ch�l) ho rrv,;+o,� +� �lior%��innc �c�+o�,
�e�e�u in accordance with section 78-49 and section 78- 249.
a. The construction of boardwalks, pervious walkways, public sidewalks,
infrastructure which serves the preserve, includinq drainage structures/berms
approved bv other aqencies havinq iurisdiction and other passive recreational or
educational facilities.
b. The construction of firebreaks, fire lanes, or fence lines and the removal of invasive
nonnative species and their replacement with native species. The use of native plant
communities, existing roads and trails, etc., as firebreak is preferred to the construction
of new access roads or fire lanes, which could result in the introduction and spread of
invasive nonnative plant species.
� � • � � . � . : : � � � ° • � � � : • � � � •• r � � �
• � � � • • � � � • � � � • • � � � � � � � � •
' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' . ' ' ' '
� � � � � • � � • � • � � � � � � ' ' � � � u � � � • • � • � • �
� ' � � • �
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1 � � � � � •
� �
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 25 of 32
. .: - - - - • -- ..
� � � ' � � � •�" •� �� �• � � r � � � • � ��
� u u • � � � • � � • � � � � � � � � � •
(c) Density bonus. Additional density. Any property possessing a future land use
designation of residential high (RH) may have densities permitted up to 15.0 units per
gross acre. The additional density allow is based on one additional unit per acre allowed
for every ten percent of native ecological habitat put into a preserve within a PCD, up to
a maximum of 15.0 units per gross acre. These preserve areas shall be over and above
the minimum preservation and open space areas provided in accordance with standard
PCD requirements and must be incorporated into the pedestrian and nature trailways
system described in the comprehensive plan.
�Note: Based on previous City Council approved site plans, the changes to this section
are staff's request to clarify City Council's authority and increase the function and
enjoyment of on-site pre�erves.]
Sec. 78-252. "'+°rnr��.-nn±�� # Forms of mitigation.
(a) Purpose and intent. The purpose and intent of allowing
mitigation in lieu of on-site preservation 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) n!�er-r�t+��Mitigation programs. �'i°r^^�6;;�;Forms of mitigation that may be
approved by the city include, ",� ��",�'�,'��°'���mT«��s, the programs or combinations
of proqrams listed below.
• • - . . �• - - -- e� e -. ...._. .. . . .
-- - - - - - . . . ._ _. -••-• -- • - -• ' �
a. The citv council mav require up to three (3) acres of off-site preservation for
everv one (1) acre required to be preserved on-site dependinq upon the size of
the proposed off-site preserve, the qualitv of the habitat or vegetation beinq lost
or qained, and the location of the proposed off-site preserve. The proposed off-
site preserve shall be within the corporate limits of the Citv of Palm Beach
Gardens. The applicant shall submit environmental assessments for both the on-
site and off-site preservation areas for comparison purposes.
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 26 of 32
b. Neither iurisdictional nor non-iurisdictional wetlands shall be used to mitigate
for uplands.
c. Off-site preserve must be approved by citv council. After receivinq citv council
approval for the off-site preserve, the developer shall provide property containinq
similar or better qualitV native plant communities that those present on the
development propertv. The city shall bear no costs associated with the
acquisition, includinq but not limited to, survevinq, platting or maintenance of an
off-site preserve.
d. Followinq citv council approval and acceptance of the location of the off-site
preserve but prior to issuance of anv land alteration permits for the development
property a deed restriction shall be recorded in the public records of Palm Beach
Countv such that no transfer, convevance, sale or alienation of the off-site
pres��ve property may occur w�thout city council ��proval. Additionally, t�e
parcel's maintenance proqram shall be completed prior to issuance of anv land
alteration permit for the development propertv, unless otherwise approved bv citv
coun�il.
(2) Payment in lieu of preservation.
a. Cash payments in lieu of preservation of environmentally significant uplands, �ase�
�, shall be made to a city
fund established for the acquisition and management of land containing similar native
vegetation, other environmentally significant lands, or any ecological or environmental
improvements to public lands, includinq but not limited to construction of nature
centers and trails within the citv's publiclv owned lands.
. ._ ..... . -- -- - - - - -- ....._.. -• - -- - -
. _ . .- -- ._: . - - -- -• - -- -..._. .. . .,
_� ._ . .. : ..--- -- -- - - - - - -. .. . _. ......
.. . .. . ._ ._ _ .. .-- - -- ••- • - -- -- •• -- -c -
� � r � • � � • � � � � � ' ' � • • • •
. • - • � . � • � • • • � • • • • s - •
• � � • • . • • • • • • � • • • � • � • � •
• • - • � • . • ' ' 0 . � � � ' — • � • � • � • �
• • • � • • ' ' ""' " • • • •
� u � u � � � • � � � • 1 1 1 � � � � � � � ► � � � � . � . � • �
. � � � � • � � • � � � � � � • � � � � • • � � � � � � � � � ..
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 27 of 32
^^.,n^;� m,,, °,�+"^r;�°. The developer shall pay all costs associated with this
option. The citv shall bear no cost in determininq the appraised value and retains
the option to request a second appraisal, if deemed necessarv, at the developer's
expense. However, if the city requires a second appraisal and the property value
as determined by the second appraisal is equal to or less than that of the first
appraisal, the city shall pay the second appraiser's fee. Approval of payment-in-
lieu of preservation shall be at the citv council's sole discretion. Timeline for
payment shall be made part of the development order for the proiect.
. ...._. - -• - -- �- . .. . ...-- - -• -
. _. ...._. . . .. - • - - : :- ._ .. . . .., _.
-- - e:••- •- -. . . . : .. > ._. _ . . •• . -- -- ----
. .. _ .
- -- - -- -- -: -.. ..- -- - - -•-- - -- - - -- -- - • •-
- - - - - - -- - - - - - - - - - - -
� � � � �• � � �� � • � ' � � ' •� � � ' � ' � � � �
' ' . .
� � � • � � � � � r � • � � � � • � • � � � � � r � . � � . �
���a�i���a.������a:a�Ot������.��� ����un����. � � .
�Note: The changes to this section are to be consistent with the Comprehensive Plan
Policy 6.1.4.5 (attached) which requires the LDR to establish criteria for assessing the
mitigation options. Based on previous City Council approved site plans and
consultations with Property Appraisers, the changes to this section are staff's
recommendations for the mitigation criteria.]
Sec. 78-378. Dumpsters.
(a) Applicability. The requirements pertaining to the location and screening of
dumpsters established in this section shall apply to all zoning districts within the city
having or using dumpsters (90-gallons in size or qreater) for sanitation service or
recycling service. Temporary dumpsters, such as those which are placed on job sites
during construction activity, are not subject to fihis section. Recvclinq containers
vvithin Citv parks are exempt from this section.
(b) Minimum requirements. The location and use of dumpster shall comply with the
standards established below.
(1) Location. The location of dumpster areas shall be approved bv the Citv either
at the time of development approval or throuqh a buildinq permit. All dumpsters
shall be located so as to be reasonably accessible for trash collection by the sanitation
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 28 of 32
vehicles and trash deposit bv the user without becominq a nuisance or havinq a
bliqhtinq effect. Dumpsters shall not be located within the right-of-way of a public
street or alley.
(2) Screening.
a. All dumpster� areas shall be reasonablv screened from public view, from public
rights-of-way and from abutting properties.
b. All new developments and ma'tor re-development proiects Bt��er-� shall �e
screene� proposed dumpsters on all four sides, as indicated in Figure 17. Gates
which must be closed when the dumpster in not isn use
good repair. �
Figure 17(Unchang�d)
Gates shall be maintained in
c. Existinq Bdumpsters shall be screened with materials ^� c^m� nrrhi+ont� �rn�
°+�, ^—���d–�a�er-ia�-s–� +"° „r;n^;n°� �.°°., such as concrete bloc�C, opaque
fencinq, or a com�,ination thereof on all four sides. However, enclosures of the
same architectural stvle, color and materials as the principal use shall be utilized
to the qreatest extent practicable. Exceptions to this requirement may be qranted
bv the Citv for a 90 qallon recycling container. Dumpster screening enclosures shall
be maintained in good repair and the areas surroundinq dumpsters and the
dumpster enclosures shall be kept neat, clean and free from debris. The city may
require the installation of landscaping to provide additional screening or
enhancements for dumpsters areas that would otherwise be visible from a public
right-of-way.
d. All screening must be a minimum of six � feet high or must exceed the heiqht of
the dumpster, recyclinq container or trash compactor by no less than one (1)
foot, whichever is qreater.
e. All dumpsters must be �ed located or installed on a hard surface, of adequate
size to accommodate the dumpster . The use of an existinq
required parking space(s) in order to facilitate the proper location and
construction of a dumpster enclosure mav be approved bv the qrowth
manaqement director in order to correct a leqal nonconforminq enclosure or to
facilitate recvclinq. The administrative reduction of parkinq for this purpose shall
not require a variance.
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 29 of 32
f.
no,�, �,o„o�^„mor+, tThe locations of #�ese dumpsters and dumpster enclosures shall
be �ev� depicted on and approved through er� the a���eve� site plan approval
process for all development and proiects. In the event that an existing
development does not have a site plan, the locations of dumpsters and dumpster
enclosures shall be depicted on and approved through buildinq permit plans and
plan review process.
g. All existing nonconforming dumpsters in the city shall be required to come into
compliance with these regulations no later than six months from the effective date of
this section.
h. Dumpsters shall be located a minimum of 25 feet from a residential zoning district;
� irilo �ei�+i�ior: h�i tho nrn�ehh m�rinr�omor�t rJiron+n
� . �.. � .. ... �. ......, . .
(c) Appeals. Appeals from decision of the city staff regarding dumpsters are subject to
the jurisdiction of the � PZAB. Appeals shall be filed as provided in section 78-�3
56a
�Note: Changes to this section is encouraged by Comprehensive Policy 6.2.2.5
(attached). City staff proposes these changes to address current difficulties that
developments have to add recycling dumpsters or screen current dumpsters.]
Sec. 78-379. Recycling containers.
(a) Multifamily residential recycling storage areas. All multifamily residential projects of
ten or more units shall provide storage areas for recycled materials.
(1) Location. Storage areas shall be located within the multifamily structure or
structures or as part of the area containing garbage disposal facilities.
(2) Circulation. Recyclable collection areas shall be located so as to avoid excessive
maneuvering by vehicles picking up the materials.
_ . , _ .. _ . ._ . _. .. . .. .. , -- -.. _ ._.
-- •- -
(4-3) Screening. Collection areas that are not located within a
multifamilv structure shall be screened in #-k+�—�:�° mMnr�or „„n � r:��mr�o�or
.:r -'_'
accordance with section 78-378.
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 30 of 32
(54) Exemptions. Multifamily buildings that receive curbside recyclable materials
collection service at least once a week are exempt from these requirements.
(65) Minimum area. Multifamily dwellings, unless exempt as provided herein, shall
provide the amount of storage area listed below in Table 36.
Table 36: Minimum Multifamily Recyclable Storage Area Requirements
Number of Dwelling Minimum Storage Area
Units
10--30 40 square feet
31--99 100 square feet
100--159 160 square feet
160--240 240 square feet
More than 240 240 square feet plus one square foot for each dwelling in
excess of 240
(b) Alternative compliance. An alternative to the required collection area may be
proposed. The alternative plan shall be reviewed by the Solid Waste Authority of Palm
Beach County (SWA) and approved by city.
(c) Existing buildings. The �installation of recvclable materials collection areas at
existing multifamily dwellings is encouraged. Multifamily dwellings subject to substantial
renovation shall provide the materials collection areas as provided herein. The growth
management director may authorize the use of existing parking spaces as a locations
for collection areas. Reduction of parking for this purpose shall not require a variance.
(d) Non-residential recvclable materials storage areas. From the effective date of
this section, all new non-residential developments and anv maior re-development
of non-residential proiects shall provide storage areas for recvclable materials in
accordance with sections 78-378 and 78-379.
�Note: Changes to this section is encouraged by Comprehensive Policy 6.2.2.5
(attached). City staff proposes these changes to address current difficulties that
development have to add recycling dumpsters or screen current dumpsters.]
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 31 of 32
Section 78-751. Definitions.
Ecosystem, n^����° �'^r��° means an assemblage of living organisms�g �plants,
animals, a-� microorganisms etc. and nonliving components �soil, water, air, a�e
�+{�e; etc. that functions as a dynamic whole through organized energy flows �#is-�-a�e
, �
Endangered species, threatened species, and species of special concern (referred to
as listed species) means plant or �+I�i#e—animal species listed as endangered,
threatened, or a�-�pesies of special concern by a� one or more of the following
agencies: U.S. Fish and Wildlife Service, Florida Department of Environmental
Protection, Florida Fish and Wildlife Conservation Commission, Florida Committee on
Rare and Endanqered Plants and Animals, Treasure Coast Regional Planninq
Council or the Florida Department of A�riculture and Consumer S�rvices.
Listed species. �ee Those species desiqnated as endangered ��esies, threatened
�eEies, a� or �pe�+es of special concern.
Protected species refers to official federal, state, or international treatv lists
which provide leqal protection for rare and endanqered species.
Restoration/creation (referrinq to upland preservation) means upland areas that,
due to the area's environmental deqradation, have both the soil and some
remnant veqetation association with a known natural upland communitv, which
can be artificiallv reestablished to function like an upland communitv to meet or
exceed environmental requirements.
Threatened species refers to species that are likely to become endanqered in the
state within the foreseeable future if current trends continue. This cateqorv
includes: (1) species in which most or all populations are decreasing because of
over-exploitation, habitat loss, or other factors; (2) species whose populations
have alreadv been heavilv depleted bv deleterious conditions and which, while
not actually endanqered, are nevertheless in a critical state; and (3) species
which mav still be relatively abundant but are beinq subiected to serious adverse
pressures throuqhout their range.
Up/and Native P/ant Communitv refers to the oriqinal terrestrial, natural bioloqical
associations of Florida as outlined in the most current "Guide to The Natural
Meeting Date: June 8, 2010
Petition: LDRA-09-07-000025
Page 32 of 32
Communities of Florida" prepared by Florida Natural Areas Inventorv and
Department of Natural Resources.
�Note: The changes and additions to the definitions are to be consistent with the
Comprehensive Plan (attached).]
STAFF RECOMMENDATION:
Staff recommends APPROVAL of the proposed text amendments to the Natural
Resources and Environmentally Significant Lands and Dumpster/Recycling sections of
the LDRs.
CONSERVATION ELEMENT
Definitions:
LISTED SPECIES — Those species designated as endangered, threatened, or of special concern
PROTECTED — Refers to ofiicial federal, state, or internationally treaty lists which provide legal
protection for rare and endangered species
THREATENED SPECIES — Species that are likely to become endangered in the state within the
foreseeable future if current trends continue. This category includes: (1) species in which most or
all populations are decreasing because of over-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.
ECOSYSTEM — An assemblage of living organisms (plants, animals, microorganisms, etc.) and
nonliving components (soils, water, air, etc.) that function as a dynamic whole through organized
�nergy flows.
ENDANGERED, THREATENED, AND SPECIES OF SPECIAL CONCERN (referred to as
listed species) — Plant and animal species listed as endangered, threatened, or of special concern
by one or more of the following agencies:
1. U.S. Fish and Wildlife Service
2. Florida Game and Fresh Water Fish Commission
3. Florida Committee on Rare and Endangered Plants and Animals
4. Florida Department of Agriculture
5. Treasure Coast Regional Planning Council
Goals, Obiectives and Policies
GOAL 6.1.: PRESERVE, MANAGE, OR RESTORE THE NATURAL RESOURCES IN
THE CITY TO ENSURE THEIR SUSTAINABILITY, HIGH QUALITY, AND
CRITICAL VALUE TO THE QUALITY OF LIFE IN THE CITY OF PALM BEACH
GARDENS.
Objective 6.1.1.: Maintain development regulations to manage surface and sub-surface
water resources in a manner which ensures their viability as natural habitats and utility for
recreational and potable water uses. Furthermore, the regulations shall protect and
maintain the quality and quantity of waters that flow into estuarine waters in the City.
CONSERVATION 6-1
Policy 6.1.1.1.: The City shall continue to maintain drainage regulations to ensure best
management practices are required.
Policy 6.1.1.2.: The City shall continue to maintain land development regulations to ensure that:
a. Site plans for new development identify the location and extent of wetlands located on
the property;
b. Site plans provide measures to assure that normal flows and quality of water will be
provided to maintain wetlands after development;
c. Where alteration of wetlands is necessary in order to allow reasonable use of property,
either the restoration of disturbed wetlands will be provided or additional wetlands will
be created to mitigate any wetland destruction;
d. Land alteration or development within the Loxahatchee Slough restoration area (ecosite)
or the adjacent lands within the Loxahatchee watershed are consistent with South Florida
�Iater Management District (SFWMD) policies for wat�;r quality and quantity anc�
SFWMD plans for modifying the hydroperiod and water levels in the area;
e. Proposed developments comply with the Wellfield Protection Program adopted by the
county; and
f. Site plans identify floodplain areas and incorporate appropriate flood mitigating measures
that comply with regulations promulgated by the Federal Emergency Management
Agency Flood Insurance Program.
Policy 6.1.1.3.: The City shall require the review of all proposed wetlands development with the
Florida Department of Environmental Protection (DEP), SFWMD, Treasure Coast Regional
Planning Council (TCRPC), and the U.S. Army Corps of Engineers to ensure compliance with
dredge and fill permitting processes.
Policy 6.1.1.4.: Through the continued implementation of land development regulations, the City
shall ensure that new developments and redevelopments are designed in such a manner as to
minimize the impact of such developments on the quality of surface and ground water resources,
and to further ensure that new developments and redevelopments do not exceed the capacity
levels for potable water and/or sanitary sewer services.
Policy 6.1.1.5.: The City shall continue to encourage the placement of a salinity dam in the tidal
ditches along RCA Boulevard to prevent salt water intrusion into the shallow aquifer.
Policy 6.1.1.6.: The City shall continue to maintain land development regulations to ensure such
regulations are consistent with and implement the county Welliield Protection Program.
Policy 6.1.1.7.: By implementing the provisions of the county Wellfield Protection Ordinance,
CONSERVATION 6-2
the City shall continue to ensure that no new uses are established within the zones of influence of
existing or proposed wellfields that could adversely affect the quality of water resources in the
water recharge area. The City shall also ensure that new potable water wells and welliields are
located in areas where no regulated materials (e.g. hazardous or toxic materials) are used,
handled, stored or produced within the projected zones of influence of such wells or wellfields.
Policy 6.1.1.8.: The City shall cooperate with the SFWMD and Palm Beach County in their
efforts in restoring and maintaining the Loxaliatchee Slough and managing the Loxahatchee
Slough Sanctuary. The City, in conjunction with the SFWMD and Palm Beach County, shall
review any development adjacent to the Sanctuary for possible adverse impact on the Sanctuary
during the development approval process.
Objective 6.1.2.: Monitor and enforce provisions for monitoring and regulating water use
in order to prolong freshwater availability pursuant to land development regulations, in
conjunction with Seacoast Utility Authority, North Palm Beach County Improvement
District (NPBCID), and the SFWMD.
Policy 6.1.2.1.: The City shall provide technical assistance to and cooperate with the SFWMD in
preparing and adopting an emergency water management conservation plan.
Policy 6.1.2.2.: The City shall continue to maintain land development regulations which require
water conservation strategies which are consistent with programs promulgated by the Seacoast
Utility Authority, NPBCID, and SFWMD, and other viable programs such as:
a. Wastewater reuse for irrigation if economically feasible;
b. Separate metering for irrigation with potable water;
c. A reduction in use of potable water for irrigation; and
d. A more efficient operation of irrigation systems including the incorporation of such
devices as soil water tensiometers and xeric landscaping where appropriate.
Policy 6.1.2.3.: The City shall cooperate with the SFWMD in developing and implementing
programs for the further education of the public regarding various methods of water conservation
at the household and small business level.
Objective 6.1.3.: Maintain land development regulations to ensure the control of soil
erosion.
Policy 6.1.3.1.: The City shall continue to maintain land development regulations which
implement Palm Beach County Soil and Water Conservation District Best Managernent Practices
on development activities and land clearing.
CONSERVATION 6-3
Policy 6.1.3.2.: All commercial mining practices shall be prohibited throughout the incorporated
area of the City.
Objective 6.1.4.: Maintain land development regulations to ensure that all ecological
communities, wildlife, and marine life, especially endangered and rare species, are
identi�ed, managed, and protected.
Policy 6.1.4.1.: The City's land development regulations will continue to ensure that:
a. All endangered and threatened plant, animal and marine populations are protected;
b. Habitat of critical value to regional populations of endangered and threatened species is
preserved;
c. Nuisance and invasive exotic vegetation (i.e. Brazilian Pepper and Melaleuca) is removed
by the developer at the time of development or redevelopment of a site; and
d. Removal of native vegetation is minimized in the land development process; and, where
it is economically feasible, removed material is relocated on site.
e. Environmental Assessments are provided for any land development/alteration proposal or
properties containing environmentally sensitive lands.
Policy 6.1.4.2.: Development orders and permits for development and redevelopment activities
shall be issued only if the protection and conservation of wildlife, marine life and natural systems
are ensured consistent with the goals, objectives, and policies of this Comprehensive Plan.
Policy 6.1.4.3.: The City shall maintain land development regulations containing specific
standards and guidelines for the protection of environmentally sensitive lands containing one or
more of the following:
a. Native habitats designated as environmentally significant if they are actively used by or
likely to support or contain U.S.- listed endangered, or threatened species and/or state
listed endangered or threatened species, or species of special concern;
b. A rare and unique upland community such as coastal scrub;
c. Functioning and jurisdictional wetlands and deepwater habitats;
d. Any part of the Loxahatchee Slough Sanctuary;
e. Sites of historical or archaeological signiiicance;
£ Xeric hammock or xeric scrub;
CONSERVATION 6-4
g, Tropical hammock;
h. Low hammock, temperate hammock, or mesic hammock;
i. Mixed hardwood swamp or hydric hammock;
j. Pond apple slough;
k. Cypress swamp;
1. Freshwater marsh;
m. Mangrove swamp;
n. Oak forest;
�, 1'ine flatwoods, mesic and hydric;
p. Scrubby flatwoods;
q. Coastal dune and strand; or
r. Wet prairie.
Policy 6.1.4.4.: The City shall require that an environmental assessment be prepared prior to
alteration of the land consistent with the provisions of the Natural Resources and
Environmentally Significant Lands section of the land development regulations.
Policy 6.1.4.5.: To ensure protection of environmentally sensitive areas and listed species, the
City shall implement the following criteria either in combination or singly for any proposed
alteration of lands designated as environmentally significant pursuant Comprehensive Plan
policy 6.1.4.3.
l. The project design provides for the protection and preservation of valuable or unique
existing natural resources, listed species and environmentally significant lands on site;
2. If no listed species have been determined to 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 is implemented;
3. The City shall continue to require, through Land Development Regulations, that all
development with significant environmental impacts, including agricultural development,
CONSERVATION 6-5
set aside as preserve areas a minimum of 25 percent of the total upland native plant
communities on site. The 25 percent set-aside shall be based on the quality and viability
of the vegetative ecosystem. The city shall have the option to designate the portion of the
plant community which will be included 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.
The city shall, for development occurring east of the Urban Growth Boundary, have the
option of accepting off-site preservation or a cash payment in lieu of preservation and
shall accumulate such payments from development for the purchase and management of
off-site upland native plant communities. The Land Development Regulations shall
establish criteria for assessing the cash payment amount and for determining which
projects warrant the use of the cash payment option. A property owner of a platted upland
preserve shall not be allowed to use the off-site preservation or the cash payment option
to modify the preserve area.
4a. Wetland habitats are set-aside as preserves, and development is prohibited in wetlands
exc,ept under the following czrcumstances consistent with Treasure Coast Regional
Planning Council Policy 6.6.1.1:
1) Such an activity is necessary to prevent or eliminate a public hazard;
2) Such an activity would provide direct public benefit which would exceed those lost to
the public as a result of habitat alteration, degradation, or destruction;
3) Such an activity is proposed for habitats in which the functions and values currently
provided are significantly less than those typically associated with such habitats and
cannot be reasonably restored;
4) Such an activity is water dependent or, due to the unique geometry of the site, minimal
impact is the unavoidable consequence of development for uses which are appropriate
given site characteristics, or;
4b. Wetlands shall be protected by a density transfer program to upland areas. Where
development occurs within wetlands, the developer must mitigate the function and value
of those wetlands. IDevelopment activities shall occur at a density of no more than one
dwelling unit per five acres in the urban area and one dwelling unit per twenty acres in
the rural area, shall be clustered to the least environmentally sensitive portion of the site
and shall include design considerations to protect the wetland functions of the rest of the
site. Consistent with SFVJMD regulations, a minimum 15-foot upland buffer composed
of native vegetation shall be preserved or established around wetland areas.
5. For a site on which listed which listed species are known or suspected to be present, one
of the following criteria shall be satisfied:
CONSERVATION 6-6
1. It shall be successfully demonstrated that the proposed land alteration/development
activity will not preclude the continued survival and viability of those listed species
located on site; ox
2. A plan for relocation, either on-site or off-site, for those listed species, shall be
approved by all appropriate agencies.
Policy 6.1.4.6.: Public/Institutional buildings or facilities may be permitted in the Conservation
land use designation and within other environmentally sensitive lands only when the building or
facility is related to the conservation use; including within wetlands, 100-year floodplains,
groundwater aquifer recharge areas, areas set aside by development to meet the 25 percent
preservation of native ecological communities and wildlife habitats.
Objective 6.1.Se: Maintain a hazardous waste management prograin for the proper storage,
recycling, collection and disposal of hazardous wastes, in conjunction with the Solid Waste
Authority (SWA).
Policy 6.1.5.1.: The City shall work closely with and seek technical assistance from the DEP and
S WA in identifying small quantity hazardous waste generators in the City and in developing the
program for the �roper disposal of such hazarclous waste.
Policy 6.1.5.2.: The City shall cooperate with the SWA in sponsoring Amnesty Days to collect
household hazardous waste for proper disposal.
Objective 6.1.6.: Maintain land development regulations and development policies to
ensure the provision of conservation measures on newly annexed lands or lands newly
acquired for the purpose of conservation in accordance with the goals, objectives, and
policies of this Comprehensive Plan.
Policy 6.1.6.1.: The City shall review the master development plans of all subdivisions approved
by the county but later annexed by the City for the provision of conservation/ preservation areas
as required by the original development order.
Policy 6.1.6.2.: Where development orders granted by another governmental agency are silent,
the comprehensive plan, land development regulations, and policies of the City of Palm Beach
Gardens shall apply.
Policy 6.1.6.3.: The City shall continue to cooperate with the SFWMD and Palm Beach County,
through the exchange of technical information and informal coordination, in order to make a
concerted effort to protect and conserve unique vegetative communities that exist in areas such
as the Loxahatchee Slough, Sandhill Crane and Hungryland Slough and which fall under
multiple local jurisdictions. Further, the City shall assist in the Loxahatchee Slough, Sandhill
Crane and Hungryland Slough ecosites' protection by designating complete ecosites with
CONSERVATION 6-7
Conservation land use and a consistent zoning district, and assisting with management activities.
Policy 6.1.6.4.: After the acquisition of new lands by agencies intended to conserve ecosites, the
City shall coordinate with Palm Beach County and other applicable outside agencies in order to
obtain a Management Plan for the ecosite, and designating the appropriate properties with a
Conservation land use and a consistent zoning district.
Objective 6.1.7.: Implement the plan for all or a part of the Parkway System �prior to the
issuance of any development orders for that area included in the Conceptual Linkage Plan
presented in the Future Land Use Element of this Comprehensive Plan.
Policy 6.1.7.1.: The City shall continue to maintain land development regulations to ensure the
implementation and design of the Parkway System.
Policy 6.1.7.2.: The parkways shall be designed, developed and maintained to serve a multitude
of functions including:
a. Preservation of signiiicant native ecological communities in greenways along the City's
major corridors;
b. Separate bicycle and pedestrian circulation through and between land uses within and
adjacent to the areas included within the Conceptual Linkage Plan presented in the Future
Land Use Element of this Comprehensive Plan;
c. Mitigation areas for natural areas disturbed elsewhere within the area included within the
Conceptual Linkage Plan presented in the Future Land Use Element of this
Comprehensive Plan, where applicable;
d. The buffering of adjacent roadways, land uses and developments, where applicable; and
e. The provision of public access to the restored Loxahatchee Slough, where applicable.
f. Preserve urban beauty through right of way landscaping requirements;
g. Provide residents with a safe and multi-use pathway system which is recognized as an
urban component of the Florida Greenways System;
h. Eliminate a perceived need for using strip commercial as a buffer between arterials and
residential areas; and
i. The phasing of the establishment of the parkways shall, at a minimum, be relative to the
phasing of development in the area included within the Conceptual Linkage Plan
presented in the Future Land Use Element of this Comprehensive Plan.
CONSERVATION 6-8
Objective 6.1.8.: Maintain land development regulations which, in conjunction with the
efforts of other regulatory agencies having jurisdiction, ensure the protection and
preservation of native habitats, and maximize the provision of open space for this purpose.
Policy 6.1.8.1.: The City shall maintain open space requirements in the land development
regulations with specific reference to conservation and preservation land area requirements.
Policy 6.1.8.2.: The City shall endeavor to "collect and concentrate" open space conservation
areas to amass significantly large land areas that will be left in their natural settings for public
dedication and use through land development regulations.
Policy 6.1.8.3.: Through the site plan and subdivision review process, the City shall endeavor to
connect open space and conservation/preservation areas with the Parkway System wherever
possible.
Policy 6.1.8.4.: The City shall require all developers to identify all conservation/preservation
��°eas and submit all appropxiat� inforination to regulatory agencies.
Policy 6.1.8.5.: The City shall maintain the following minimum requirements to all required
pt°�serve areas for environmentally significant lands.
(1) Lands to be set aside in preserve areas shall be:
a. Identified based on the quality of habitats, the presence of listed species,
proximity to other natural areas and other relevant factors.
b. Preserved in viable condition, with intact canopy, understory, and ground cover,
and maintained without infringement by drainage or utility easements, unless the
easements serve to benefit the preserve or facilities thereupon, or benefit the
drainage of the development the preserve is located.
c. Platted as separate parcels of land, or as an established conservation easement.
d. Capable of functioning within itself or in conjunction with manmade features.
e. Clearly defined, protected and managed in such a way that it serves a purpose to
the communities around it.
f. Contiguous, wherever possible, to an ad�acent preserve, public park, school site,
or human-made open space or combination thereof.
g. Maintained as large open or green areas with the intent of preserving large areas
to promote self-sustaining, balanced plant growth, biodiversity, and wildlife
enhancement and shall be connected with other preserve areas to conceptually
CONSERVATION 6-9
function as wildlife corridors.
h. One-hundred-percent protected from alteration during site construction.
i. Compact in nature, avoiding strip or noncontiguous patterns and arranged in a
continuous fashion where possible. The use of preservation areas as long, narrow
buffers is discouraged.
j. Protecting and preserving of all endangered and threatened plant, animal and
marine populations and the habitat of critical value to regional populations of
endangered and threatened species.
k. Consistent with South Florida Water Management District regulations, such that a
minimum 15-foot upland buffer composed of native vegetation shall be preserved
or established around wetland areas landward from tl�e edge of the wetland in all
places and shall average 25 feet of width from the landward edge of the wetland.
1. Cleared of invasive non��ative vegetation (e.g., Brazilian pepper, Australian pine
and Melaleuca), except as otherwise authorized by the city, by the developer at
the time of development or redevelopment of a site.
Lands that are set aside in a preserve status may be included in open space calculations for
purposes of ineeting open space requirements of the city's planned community district or planned
unit development ordinances if the canopy, understory, and ground cover vegetation are left
intact. However, such preserved lands shall not make up more than 50 percent of the total
required open space, unless it is determined by the city council that a greater portion of the
required open space should consist of preserved area because of special site constraints or
preservation opportunities.
(2) Alteration within the preserve shall require City approval, and shall be limited to:
a. The construction of boardwalks, pervious walkways, and other passive recreational or
educational facilities.
b. The construction of firebreaks, fire lanes, or fence lines and the removal of invasive
nonnative species and their replacement with native species. The use of native plant
communities, existing roads and trails, etc., as firebreaks is preferred to the
construction of new access roads or fire lanes, which would result in the introduction
and spread of invasive nonnative plant species. Bioconversion of woody biomass,
removal of underbrush and overgrowth, or thinning of dead, dying or diseased native
plant communities is encouraged for hazardous fuel reduction.
c. Primary public/institutional buildings shall be prohibited in the conservation land use
designation and within other environmentally sensitive lands, including wetlands,
100-year floodplains, groundwater aquifer recharge areas, areas set aside by the
�K�7►i.� � C��1�[�l� �'�i 17
development to meet the 25-percent preservation of native ecological communities
and wildlife habitats, unless otherwise approved by the city council.
Policy 6.1.8.6.: The City shall maintain the following minimum requirements to require a
management plan for all preservation areas and/or conservation lands.
a) A management plan of the preserve area and/or any other conservation areas within the
city shall include but not be limited to long-term protection of the preserve/conservation area,
continued removal of and protection from litter and debris, avoidance of activities or land
alteration which may disturb the preserve area, eradication and continued monitoring and
removal of invasive nonnative plant species, control of off-road vehicles, and maintenance of
hydrological requirements. Periodic prescribed burning or other mechanical methods that would
simulate the natural processes of the natural historic fire regime may be required for some areas.
b) Each management plan shall be approved, pursuant to Comprehensive Plan Policies and
land development regulations by the Growth Management department, before iinal
approval of construction drawings or commencement of land alteration, whichever occurs
first, and/or incorporation into the city as a conservation area, ope� space, greenway, or
wildlife corridor.
(c) Deed restrzctio�s.
(1) For those lands identified for preserve status, appropriate deed restrictions shall be
placed on the lands and recorded in the public records of the county, or they may
be dedicated to a public entity or approved private conservation group for the
purposes of preservation, or appropriate restrictive conservation easements
granted in perpetuity may be established, or such other similar protective
rneasures may be established, as determined by the city council, upon completion
of all review processes.
(2) A conservation easement shall be established for a preserve area on a single-
family residential lot five acres or greater in size. The deed restriction or
conservation easement shall be dedicated to the appropriate entity, such as the
property owners association, or a state or local government or agency.
(d) The perpetual maintenance and protection of designated preserve areas shall be
established by a legally binding, recorded instrument.
Policy 6.1.8.7.: The City shall provide for a voluntary density bonus program for land use
designations of residential high (RH) to permit densities up to a maximum of 15.0 units per gross
acre, based on one additional unit of density allowed for every ten percent of native ecological
habitat put into a preserve within the planned community district (PCD). These preserve areas
shall be over and above the minimum preservation and open space areas provided in accordance
with standard PCD requirements.
CONSERVATION 6-11
Policy 6.1.8.8.: The City shall maintain in the land development regulations requirement for the
removal of invasive nonnative species from development tracts.
GOAL 6.2.: ENCOURAGE AN ENVIRONMENTALLY SUSTAINABLE CITY
THROUGH ACTIONS THAT REDUCE GREENHOUSE GAS EMISSIONS AND
OTHER POLLUTANTS AND REDUCE THE USE OF NON-RENEWABLE
RESOURCES.
Objective 6.2.1.: Meet or exceed the minimum air quality levels established by DEP.
Policy 6.2.1.1.: In accordance with section 163.3202, F.S., the City shall continue to maintain
land development regulations that ensure the protection of environmentally sensitive lands
designated in the comprehensive plan.
Policy 6.2.1.2.: Reduce pollution generated by motor vehicles by promoting cleaner burning,
energy efficient vehicles, including hybrid vehicles and alternate fuels such as biodiesel and fuel
cell technology, as well as thraugh public education and encouraging the following:
1. The creation of mixed use land use centers and residential form which utilizes
clustering and Planned Unit Development and Mixed Use Development styles of
design;
2. Vegetative buf�ers between arterial roadways and residential neighborhoods;
3. The use of alternative modes of transportation including public transit, bicycle and
pedestrian paths/corridors, light rail, and car-pooling.
4. The implementation of the parkway system, the installation of sidewalks for all new
developments, the retrofit of neighborhoods with sidewalks and the repair of existing
sidewalks, and requirements such as provision of bicycle racks.
Policy 6.2.1.3.: In an effort to reduce reliance on automobile travel, the City shall implement the
Parkway System, as vacant areas are developed or as redevelopment occurs; assist the
Metropolitan Planning Organization in the implementation of its Transit Study and Bicycle
Facilities Plan; and coordinate with PalmTran to increase the public transportation service in the
City.
Policy 6.2.1.4.: The City shall cooperate with county and state agency programs to reduce air
pollutants on a regional level.
Policy 6.2.1.5.: All proposed point sources of pollution shall present evidence of compliance
with DEP regulations prior to being approved. No proposed point source of pollution shall be
approved which exceeds the level of air quality established by the State Implementation Plan.
Policy 6.2.1.6.: By December 31, 2011, the City shall adopt a sustainable Multi-Modal
Transportation Plan that consider the findings of the MPO, Transit Needs Assessment and
Bicycle and Pedestrian Plan. The Plan shall develop a long term strategy to reduce COZ
emissions, and provide the public and businesses additional transportation alternatives, but shall
CONSERVATION 6-12
not replace, reduce or weaken road concurrency measurements.
Objective 6.2.2.: Increase education about sustainable building practices and use of
environmentally sustainable products within the City of Palm Beach Gardens.
Policy 6.2.2.1.: The City shall provide education to the residents and business owners to support
better energy efficient buildings, energy efficient appliances, waste recycling, building products
from renewable resources, non-toxic building products and water efficient fixtures and
landscapes.
Policy 6.2.2.2.: The City shall utilize non-toxic cleaning techniques throughout its facilities
Policy 6.2.2.3.: The City shall enhance the energy efficiency of City facilities through the
purchase of Energy Star rated or equivalent equipment and appliances for City use, design of
efficient cooling systems and employee education on energy conservation.
Pc;�icy 6.2.2.4.: The City shall purc�ase products that utiliz� recycled materials and shall retuin
City waste for reuse.
Po�zey 6.2.2.5.: By December 31, 2009, the City shall review �he City's Land Development
Regulations to consider the addition of speciiic energy efficient and recycling regulations to
encourage conservation.
CONSERVATION 6-13
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Date Prepared: May 19, 2010
Ordinance 13,2010
ORDINANCE 13, 2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, AMENDING CHAPTER 78. LAND
DEVELOPMENT. BY REPEALING SUBSECTIONS 78-158(d), 78-
242(a), 78-246(a)(13) AND (a)(14) AND READOPTING SAME, AS
REVISED; FURTHER AMENDING CHAPTER 78. BY ADOPTING
ENTIRELY NEW SUBSECTIONS 78-246(a)(15}, (a)(16� AND (a)(17);
FURTHER AMENDING CHAPTER 78. BY REPEALING SECTION 78-
249. APPROVAL CRITERIA FOR PROPOSED LAND ALTERATION.
AND SUBSECTIONS 78-250(a)(1)a., (a)(1jb., (a)(3)b., (a)(3)c. AND (b)
AND READOPTING SAME, AS REVISED; FURTHER AMENDING
CHAPTER 78. BY REPEALING SECTION 78-252. ALTERNATIVE
FORMS OF MITIGATION. AND READOPTING SAME AS REVISED
AND WITH A NEW TITLE IN ORDER TO REVISE AND CLARIFY THE
REGULATIONS FOR MITIGATION OF ON-SITE PRESERVATION
REQUIREMENTS; FURTHER AMENDING CHAPTER 78. BY
REf��ALING SECTION 78��78. DUMPSTERS. AN� F��ADOPTING
SAME, AS REVISED; FURTHER AMENDING CHAPTER 78. AT
SECTION 78-379 BY REPEAL.ING SUBSECTIONS (a)(3) AND (c),
RE�O.DOPTING SUBSECTIO�J (c), AS REVISED, I�E�IUMBERING
FORNIER SUBSECTIONS (a)(4), (a)(5) AND (a)(6) AS NEW
SUBSECTIONS (a)(3), (a)4) AND (a)(5) AND ADOPTING NEW
SUBSECTION (d); FURTHER AMENDING CHAPTER 78. AT SECTION
78-751. DEFINITIONS., TO AMEND THE DEFINITIONS OF
"ECOSYSTEM, NATIVE FLORIDA", "ENDANGERED SPECIES,
THREATENED SPECIES, AND SPECIES OF SPECIAL CONCERN``
AND "LISTED SPECIES" AND TO PROVIDE DEFINITIONS FOR
"PROTECTED SPECIES", "RESTORATION/CREATION",
"THREATENED SPECIES" AND "UPLAND NATIVE PLANT
COMMUNITY"; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUBSECTION OF
CHAPTER 78. LAND
33 DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND
34 PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
35 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
36 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
37
38 WHEREAS, by Ordinance 9, 2005,
39 Comprehensive Plan to permit off-site mitigation
40
EFFECT AS
CLAUSE, A
PROVIDING
the City Council amended the City
in certain circumstances; and
41 WHEREAS, the language in Ordinance 9, 2005, was incorporated into the
42 current Comprehensive Plan which was adopted by City Council on December 18, 2008
43 by Ordinance 14, 2008; and
44
45 WHEREAS, to implement the Comprehensive Plan, City staff has initiated an
46 amendment (Petition LDRA-09-07-000025) to the City's Land Development Regulations
1
Date Prepared: May 19, 2010
Ordinance 13,2010
1 amending Chapter 78. Land Development. in order to revise and clarify those portions
2 af the code which regulate on-site preservation mitigation requirements and to revise
3 the regulations for dumpster enclosures and recyclable material container enclosures ;
4 and
5
6 WHEREAS, on June 8, 2010, the Planning, Zoning and Appeals Board, sitting as
7 the Local Planning Agency, conducted a public hearing and recommended approval
8 and adoption of the proposed amendment to the City Council with a vote of _-_; and
9
10 WHEREAS, the City Council has determined the adoption of this Ordinance to be
11 in the best interest of the citizens and residents of the City of Palm Beach Gardens.
12
13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
14 PALM BEACH GARDENS, FLORIDA that:
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SECTION 1: The foregoing recitals are hereby affirmed and ratified.
18 SECTIO�� 2: Chapter 78, Land D�velopment of the Code �� Ordinances of the
19 City of Palm Beach Gardens, Florida is hereby amended at Section 78-158. Waivers to
20 planned development district requirements. by repealing subsection (d) and readopting
21 same, as revised; pr�viding that Section 7$�15� shall hereafter read as follows:
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Sec. 78-158. Waivers to planned development district requirements.
(a)-(c) (These subsections shall remain in full force and effect as previously adopted.)
(d) Prohibited waivers. The waivers listed below shall not be granted by the city
council.
(1) A waiver from the requirements of division 2 of article V, establishing the PGA
overlay district.
(2) A waiver from the minimum 25 percent set-a-side and/or associated
mitiaation requirements for u�� preservation of the environmental�
sensitive lands as provided in division 4 5 of article V.
(3) A waiver from any requirement associated with the city's concurrency
management requirements established in division 3 of article III.
(e)-(i) (These subsections shall remain in full force and effect as previously adopted.)
SECTION 3: Chapter 78, Land Development of the Code
City of Palm Beach Gardens, Florida is hereby amended
Applicability. by repealing subsection (a) and readopting same,
that Section 78-242 shall hereafter read as follows:
Sec.78-242. Applicability.
of Ordinances of the
at Section 78-242.
�s revised; providing
43 (a) Application. All sections of this division shall be effective within the incorporated
44 area of the city and shall set restrictions, constraints, and requirements to preserve and
45 protect natural resources and environmentally significant lands. All aroposed
46 development, includina aqricultural development, that contains environmentallv
2
Date Prepared: May 19, 2010
Ordinancc 13, 2010
1 sianificant lands as defined in this division, shall set aside upland native plant
2 communities as preserve areas and/or select one or more of the mitiaation options as
_ __ _- ___
3 outlined in this division.
4 (b) (This subsection shall remain in full force and effect as previously adopted.)
5
6 SECTION 4: Chapter 78, Land Development of the Code of Ordinances of the
7 City of Palm Beach Gardens, Florida is hereby amended at Section 78-246. Designation
8 of environmentally significant lands. by repealing subparagraphs (a)(13) and (a)(14) and
9 readopting same, as revised and adopting new subparagraphs (a)(15), (aj(16) and
10 (a)(17); providing that Section 78-246 shall hereafter read as follows:
11
12 Sec. 78-246. Designation of environmentally significant lands.
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14 (a) Criteria for designation. Lands shall be designated as environmentally significant
15 if they contain one or more of the native habitat types listed below, as defined by the
16 Guide to the Natural Communities of Florida, published by the Florida Department of
17 Environmental Protection:
18 (1)-(12) (These suk�paragraphs shall remain in full force and efFect as
19 previously adopted.)
20 (13) Coastal dune and strand; a+�d
21 (14) Wet prairies.}
22 (15) Functionina and iurisdictional wetlands and deeawater habitats:
23 (16) Anv part of the Loxahatchee Slouah Sanctuarv: and
24 (17) Sites of historical or archaeoloaical sianificance.
25 (b) (This subsection shall remain in full force and effect as previously adopted.)
26
27 SECTION 4: Chapter 78, Land Development of the Code of Ordinances of the
28 City of Palm Beach Gardens, Florida is hereby amended by repealing Section 78-249.
29 Approval criteria for proposed land alteration. and readopting same, as revised;
30 providing that Section 78-249 shall hereafter read as follows:
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32 Sec. 78-249. Approval criteria for proposed land alteration.
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34 Approval of land alteration requests. The growth management department may
35 approve requests for land alteration consistent with the approved development order.
36 The decision regarding such lands shall be based upon application of the criteria listed
37 below.
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39 (a) Value. The project design provides for the protection and preservation of 25
40 percent of the most valuable or unique existing natural resources, listed species and
41 environmentally significant lands on site or on-site restoration or creation of native
42 upland environments or habitats. If environmental restoration or creation is proaosed in
43 total or in part. the applicant must demonstrate the area to be improved is eaual in size
44 to the qreservation area reauired bv this chapter.
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46 (b) Ualand Mitigation. If listed species do not exist on the site or on-site preservation
3
Date Prepared: May 19, 2010
Ordinance 13,2010
1 would yield a preserve area that is less than the preferred minimum of ten acres, or
2 the qarcel is east of the Urban Growth Boundarv
3 an alternative form of mitigation aEee��e t�: ^���� ^^"n^'' may be implemented
4 �n�«� in accordance with section 78-252.
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(1) Minimum preservation area. A preserve area consistent with section 78-250
and section 78-252 shall be the basis for any consideration of mitigation of
minimum preservation area requirements.
(2) Preservation area alternatives-auidelines. T"° ^;+„ ^^„^^;' rr"" ^^"�'�+�
V��V�MV�
13 a.
14
15 c������ v�rinr �i+o;�„ • ,
,
16 �
17 •,,,;�.,r nirnNm��M;,�o�, �/hen, based on environmental
,
18 assessments, off-sife lands mav better advance the aurposes of this division
19 due to the characteristics of a particular site. such as the saecific location.
20 invasions of nonnative or exotic species arior alteration or disturbance of
21 veaetation, or other similar circumstances, off--site mitiaation or cash in-li�u �f
22 on-site preservation mav be utilized, if approved bv citv council.
, � • _ _. .. . . . . .. . ._.. - -- -- - -- •- -
• � � ' ' � : u ' � ' � � • � � • ' � � � ' � � ' � � � � � � ' �
� ' • ' � . • i • • i r • � ' � • ' • • � • • �
� � � � � � i / � ' � � ' � � � �
•
� • � � u � • � • � • � � � • � • � � � � � • � � � �
1 � � � � � � r � • ' ' • ' � � ' � � � � � • � � ' �
� �
u � ' � • ' u • ' ' : � � � • ' ' • � � �� � • u � • • �
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u � . � • � u � • � � u � � � u u � � • � � � � •
� •• � �� • � u • � � � � �' � � :'� : •' � � • �� �
�' �� � � � � � ' � •� ' �� �� •• • ' � •'�•
� . . .�. . .� . • �. � . � �r .. .. •. � .. .. .�
� � � � • � � � . � . � .. . � � . . � � r � .
� � � � u � � � � � � � � u � � • � � � � • � � u � • � � � • �
�
• � � • � • � � ' � � � ' � ' � � � � ' � � � � � ' ' ' i �
I' �' �' '� � ' � ' • ' ' . � � . • • ' ' . �
� � � � � � ' 1 � � r � � ' � � � � � � � � � ' �
42
43
44
45
46
{-3}�c Wetlands Mitiaation. If land alteration would result in unavoidable impacts to
such impacts mav be mitiaated as determined bv the aaencv havinq iurisdiction.
C!
Date Prepared: May 19, 2010
Ordinance 13,2010
1
2 � 1. Preservation. Wetlands are to be preserved and development activity is
3 not allowed in wetlands, except under the following circumstances, consistent
4 with adopted Treasure Coast Regional Planning Gouncil policies as indicated
5 below.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
a. Such an activity is necessary to prevent or eliminate a public
hazard.
b. Such an activity would provide direct public benefits which would
exceed those lost as a result of the development or modification of the
wetland areas.
c. Such an activity is proposed for habitats in which the functions and
values currently provided are significantly less than those typically
associated with such habitats and cannot be reasonably restored.
d. Due to the unique geometry of the site, it is the unavoidable
consequence of development for uses which are appropriate, given
site characteristics.
e. The functions and values provided by wetland habitats to be
destroyed are already completely and fully repl�ced prior to occurrence
of the proposed impact to existing habitat.
21 � 2. C�ensity transfers. Wetlands shall be protected by use of clustering or
22 similar site development techniques to transfer development to upland areas
23 on the same site. Where development occurs within iurisdictional wetlands,
24 the developer must mitigate the function and value of those wetlands as
25 determined bv the aaencv havina iurisdiction over the subiect wetlands.
26 Development activities within wetland areas shall:
27
28
29
30
31
32
33
34
35
�-a. Occur at a density of no more than one dwelling unit per five acres
in the urban area and one dwellina unit per twentv acres in the rural
area:
�b. Be clustered to the least environmentally sensitive portion of the
site; and
�c.lnclude design considerations to protect the wetland functions of
the rest of the site.
36 (-4- d) Listed Species. For a site on which listed species are known or suspected to be
37 present, one or more of the criteria listed below shall be satisfied.
�
39
40
41
42
43
44
�1. The applicant successfully demonstrates that the proposed action will
preclude the continued survival and viability of those listed species located
the site.
#2. The applicant presents a plan for relocation, either on site or off site,
not
on
for
those listed species, which has been reviewed and approved by all agencies
possessing jurisdiction in such matters.
45 SECTION 5: Chapter 78, Land Development of the
46 City of Palm Beach Gardens, Florida is hereby amended by
5
Code of Ordinances of the
repealing subsections 78-
Date Prepared: May 19,2010
Ordinance 13.2010
1 250(a)(1)a., (a)(1)b., (a)(3)b., (a)(3)c. and (b) and readopting same, as revised;
2 providing that Section 78-250 shall hereafter read as follows:
3
4 Sec. 78-250. Preserve area requirements.
5
6 (a) Minimum requirements. The minimum requirements listed below shall apply to
7 all required preserve areas for environmentally significant lands.
8
9
10
(1) Preserve area designations.
11 a. A The minimum of 25 percent of °„���r^^m°^+�n„ oiynifinor�+ Ior�rlo ;n+��+
.�� �����..r.�,. ...........� �....,...�
12 , , ,
13 , , , the total upland native plant
14 communities shall be set aside as a preserve on site, unless city council
15 aaaroves mitiaation as set forth in this division. The 25 percent set-aside
16 acreaqe and/or mitiaation acreaae shall be based on the total of all the upland
17 native plant communities on site as determined bv the environmental
-- __ _._
18 assessr�nenf.
19
20 b. The city council shall designate #aae that portion of the �+#-ie°„���
21 ���e�-�-sl�a;; "-�--;�����o �a u lar�d native plant communitv which will be
22 preserved in order to achieve the 25 percent areservation reauirement. All
23 lands to be areserved shall be arotected and manaaed such that thev are
___
24 kept in a viable condition with native plant canoav. understorv, and around
_ ___ ._._ _
25 cover.
26
27
28
29
30
31
32
33
34
c. - f. (These subparagraphs shall remain in full force and effect as previously
adopted.)
(2) (This subsection shall remain in full force and effect as previously adopted.)
(3) Minimum dimension and total area.
a. The minimum length or width dimension of all required preserve areas
35 shall be at least 100 feet, except for preserve areas for historic or specimen
36 trees when a smaller size may be appropriate.
37
38
39
40
b. The preferred minimum total cumulative land area for preserve areas is
ten acres, `"��+h +ho ovno��inr� nf �rocor�ioo ne� Inio nf loco �hon �l(1 onroc
/ 1 • � • � � ' • � ' ' • � ' • ' � � � � � � � �
� • ' � � � ' ' � • � � ' � ' w � � • � • � ' ' r
� � '• ' � •�� ' • � • •' • • / �
II �. � • . �' ' •• ' . •' •'• ' • i � � � . •
i �
�
1
2
3
4
(b)
Date Prepared: May 19, 2010
Ordinance 13,2010
(4) (This subsection shall remain in full force and effect as previously adopted.)
Alteration within the preserve.
5 (1) Permitted alterations. The followina alterations within #-�e a citv aaaroved
6 preserve shall require �a#��e� approval, a+a�-���" "� ��m�+o,� +„
� �� rnY+���Tl��o�h�o�� in accordance with section 78-49 and section 78-
8 249.
.
� . - • • � •�. • . •- � . . • • �- .
. - - - � - - � • • . .�- - •-
i � 1 � � � � � � � � � r � � � i 1 � ' � � ' � � � i
� ' � � � i '
� � � � � r � r � i � r � � � � � � ' �
� � � � � �
' • ' � �'�' ' �� � '� � •� �0 • � • � � � •• r � �
. . � • � � • � ' � � � � ' � • • : . . � � ' ' � �
� . . : � � � � � � . � r � � • � � • � • � � • � � u � � � ■ �
� • f.
/ • � • � • � • � � � • �
, J • _
� � � � ' �
� w f
� � • �
� � • i • • i • • �
� � �� �• • � • : • � � � � = � � � • =
26 (c)
27
(This subsection shall remain in full force and effect as previously adopted.)
28 SECTION 6: Chapter 78, Land
29 City of f'alm Beach Gardens, Florida is
30 and readopting same with revisions and
31 hereafter read as follows:
32
33 Sec.78-252
34
Development of the Code of Ordinances of the
hereby amended by repealing Section 78-252
a new title; providing that Section 78-252 shall
n�+�..� °+�� Forms of mitigation.
35 (a) Purpose and intent. The purpose of allowing
36 e# mitigation in lieu of on-site preservation is to provide a public benefit to the City that
37 equals or exceeds the expected benefit that would have been derived from onsite
38 preservation.
39
40 (b) °1��rn�'+crrrt�c�vt,°.—ri'rMitigation programs. °��°�+��tTO�Forms of mitigation that may be
41 approved by the city include, , the programs or a combination
42 of the proqrams listed below.
43
44
45
46
(1) Off-site preservation.
, •. . _ _. .. . _. ...._. .. . . . -- - -
� ��Tl�]�'!!\\\�I�t It�l��'����I����\�J�l\!\I Vt 1\5�����\�1!�����t!�>I�i!l� )LSl4��\ � I■
7
Date Prepared: May 19, 2010
Ordinance 13, 2010
1 nro'+�or in ci-�o �hnn +ho roni �.romon� o���or1 in cor�+inr� �Q_�tin- The citv council
y,-cti�-.�. ... „��.., ,.� �...� . ....� � ..,..�...
2 mav reauire up to three (3) acres of off-site preservation for everv one (1)
__-- --
3 acre reauired to be preserved on-site dependina upon the size of the
4 proposed off-site preserve, the aualitv of the habitat or veaetation beinq lost
5 or aained, and the location of the proposed off-site preserve. The proqosed
6 off-site preserve shall be within the corporate limits of the Citv of Palm Beach
7 Gardens The applicant shall submit environmental assessments for both the
_--
8 on-site and off-site preservation areas for comaarison purposes.
9
10 b. Neither iurisdictional nor non-iurisdictional wetlands shall be used as
_--- -- -
11 mitiaation for uplands.
12
13 c. Off-site preserve must be approved bv citv council. After receivina citv
14 council aaproval for off-site preserve the developer shall provide propertv
15 containina similar or better aualitv native plant communities that those aresent
_ _
16 on the development propertv. The citv shall bear no costs associated with the
17 acauisition includina but not limited to survevina plattinq or maintenance of
18 an off-site preserve.
19
20 d. Followina citv council aparoval and acceptance of the location of the off-
21 site areserve but ariar to issuance of anv land cle�rina/alteration aermit� _for
22 the development proaertv a deed restriction shall be recorded in the aublic
23 records of Palm Beach Countv such that no transfer, convevance, sale or
____ _ --- _ _
24 alienation of the off-site preserve propertv mav occur without citv council
--
25 aaaroval. Additionallv, the parcel's maintenance proaram shall be completed
26 prior to issuance of anv land clearina/alteration permit for the development
27 propertv, unless otherwise approved bv citv council.
28
29
30
31
(2) Payment in lieu of preservation
a. Cash payments in lieu of preservation of environmentally significant
32 u�lands � ,
33 shall be made to a city fund established for the acquisition and manaaement
34 of land containing similar native vegetation, other environmentally significant
35 lands, or any ecological or environmental improvements to public landsl
36 includina, but not limited to construction of nature centers and trails within the
37 citv's publiclv owned lands.
.
• . ._ '-.. e. ... . ...._. ..... - - - - �-
,� ....._.. .. . ._ . . . - - •- -- •^- • - -
� � - -+ .. . �. ....-. .. . �..
� � .� . •. � ....� �: �. . � . . � �r .. .
I I � � � � �� � • � • • • � • � ' � ' ' •• � � � � • � u � • � • �
� � � •• ' � ' : � � ' � � • • • � ' � � • � ' ' � �
� � � � i � � ' � i � i ' i � ' � ' � i � � � ' � � �
E
Date Prepared: May 19, 2010
Ordinance 13,2010
1 development propertv, after issuance of development approval bv citv council.
2 multiplied bv the number of acres reauired to be preserved. The market value
3 �k�eree# shall be determined by #�us an independent Certified Florida
4 Aapraiser, Wr10 IS acceatable t0 t�l@ CItV. °ro momhore nf +ho �.,r.r�i�-�l
5 ir'�cti����o /�A411 (lr+o ov�v�rnicor i� �n ho �r�r�niri�orJ h�i+ho ni��i �nr� �ho n�hor h�i
6 .
7 . .
8
(� h�i �ho rlovolnr�or �n �ho ni��i o� tho �imo nf finol rio�iolnr�mon� nrrlor or�r�rnvol h�r
10 +ho „c+„ ,,,,,,�,,,� „r �� +ho �,+„ ,.,,,,n,.,� W,�,, �„+h„r,�o. The developer shall pav
11 all costs associated with this option. The citv shall bear no cost in
12 determinina the appraised value and retairis the oation to reauest a second
13 a praisal, if deemed necessarv. at the develoaer's expense. However, if the
14 citv reauires a second appraisal and the proaertv value as determined bv the
15 second appraisal is eaual to or less than that of the first appraisal, the citv
16 shall aav the second aapraiser's fee. Aaaroval of pavment-in-lieu of
17 preservation shall be at the citv council's sole discretion. Timeline for
18 ��ment shall be made part_of the development order fc�r the aroiect.
19
� . ...._. . - - -- e - e• �- : e- -- . ..._. .
- -- - - -- -..._. .. : . . . . ._ ._ .. .
- •�- -- -- --.._. .. . . - - - ._. . .
.. . .. -- ---- - ._ ._ .. _. _.. .._ _. . _. _
i .- - . '_ .. . ... .. . . .. ._••.• _ •. _ .
- _ . . . ' " .' . . _ _. ' _ _ _ _ . . . .
� � u � � ' � ' � � � � � � ' � � • � � � r � • ' � � �
� • � � • � � ' ' . . u � . � � � •
• ��viTi ai.������►�•a���i�i����� .
27
28
29
30
31
32
33
34
SECTION 7: Chapter 78, Land
City of Palm Beach Gardens, Florida is
Dumpsters. and readopting same, as
hereafter read as follows:
Sec. 78-378. Dumpsters.
Development of the Code of Ordinances of the
hereby amended by repealing Section 78-378.
revised; providing that Section 78-378 shall
35 (a) Applicability. The requirements pertaining to the location and screening of
36 dumpsters established in this section shall apply to all zoning districts within the city
37 having or using dumpsters (90-qallons in size or areater) for sanitation or recycling
38 service. Temporary dumpsters, such as those which are placed on job sites during
39 construction activity, are not subject to this section. Recvclina containers within Citv
40 parks are exemat from this section.
41
42
43
44
(b) Minimum requirements. The location and use of dumpsters shall comply with the
standards established below.
45 (1) Location. The location of dum ster areas shall be a roved b the Cit either
46 at the time of development aparoval or throuah a buildina permit. All
0
DaYe Prepared: May 19, 2010
Ordinance 13.2010
1 dumpsters shall be located so as to be reasonably accessible for trash
2 collection by the sanitation vehicles and trash deposit bv the user without
3 becominq a nuisance or havina a bliqhtina effect. Dumpsters shall not be
4 located within the right-of-way of a public street or alley.
5
6
7
(2) Screening.
8 a. All dumpster areas shall be reasonablv screened from public view, from
9 public rights-of-way and from abutting properties.
10
11 b. All new developments and maior re-development proiects �� �m���rp°�� shall
_
12 be screene� proposed dumasters on all four sides, as indicated in figure 17.
13 Gates �icf� must be closed when the dumpster is not +s in use. Gates shall
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
be maintained in good repair.
(Figure 17 shall remain in full force and effect as previously adopted.)
c. Existiei dumpsters shall be screened with material� e���e—s�
nr�� , � , 'aas a� nrinn'n�.Pa;-��g such as concrete
JV.
block�opaaue fencina or a combination thereof on alI four sides. However
enclosures of the same architectural stvle, color and materials as the principal
use shall be utilized to the areatest extent practicable. Exceations to this
reauirement mav be aranted bv the Citv for a 90 aallon recvclina container.
--- .
Dumpster screening enclosures shall be maintained in good repair and the
areas surroundina dumpsters and the dumaster enclosures shall be kept
---
neat, clean and free from debris. The city may require the installation of
landscaping to provide additional screening or enhancements for dumpsters
areas that would otherwise be visible from public right-of-way.
30 d. All screening must be a minimum of six 6� feet high or must exceed the
31 heiaht of the dumpster, recvclina container or trash compactor bv no less than
32 one (1) foot, whichever is areater.
33 .
34 e. All dumpsters must be �lase� located or installed on a hard surface, of
35 adequate size to accommodate the dumpster a�a�:'°,�I�. The use of
36 an existina reauired parkina saace(s) in order to facilitate the aroper location
37 and construction of a dumaster enclosure mav be approved bv the arowth
38 manaaement director in order to correct a leaal nonconformina enclosure or
39 to facilitate recvclinq. The administrative reduction of parkina for this purpose
40 shall not reauire a variance.
41
42 f.
43 ,�The locations of #-�ese dumpsters and dumpster
44 enclosures shall be �r� depicted on and approved throuah er3—the
_ __
45 a�e�e� site plan approval process for all development and proiects. In the
46 event that an existina development does not have a site plan, the locations of
t[��
Date Prepared: May 19, 2010
Ordinance 13, 2010
1 dumasters and dumpster enclosures shall be depicted on and approved
2 throu h buildina permit plans and plan review process.
3
4 g. All existing nonconforming dumpsters in the city shall be reauired to come
5 into compliance with these regulations no later than six months from the
6 effective date of this section.
7
8 h. Dumpsters shall be located a minimum 25 feet from a residential zoning
9 district� �"��°°Q �n��ivor: h�i +ho rrrn�e�+h monorvomon� r�liron+nr
10
11
12
13
14
(c) Appeals. Appeals from decisions of the city staff regarding dumpsters are
subject to the jurisdiction of the � PZAB. Appeals shall be filed as provided in
section 78-�356.
15 SECTION 7: Chapter 78, Land Development of the Code of Ordinances of the
16 City of Palm Beach Gardens, Florida is hereby amended at Section 78-379. Recycling
17 containers. by repealing subsections 78-379(a)(3)and readopting same, as revised;
18 providing that Section 78-379 shall hereafter read as follows:
19
20 Sec. 78-379. Recycling containers.
21
22 (a) Multifamily residential recycling storage areas. All multifamily residential projects
23 of ten or more units shall provide storage areas for recycled materials.
24
25 (1)-(2) (Theses subparagraphs shall remain in full force and effect as previously
26 adopted.)
27 .
28 rooirlor�ii�l �nr�ir�n rJio�rin�e
29 (43� Screening. Collection areas that are not located within a
30 multifamilv structure shall be screened in +h�pmo .,-,���or ,� �,�.,.,,��+or
31 accordance with section 78-378.
32 (� 4� Exemptions. Multifamily buildings that receive curbside recyclable materials
33 collection service at least once a week are exempt from these requirements.
34 (65) (This subparagraph shall remain in full force and effect as previously
35 adopted.)
36
37
38
39
40
(b)
(Table 36 shall remain in full force and effect as previously adopted.)
(This subsection shall remain in full force and effect as previously adopted.)
41 (c) Existing buildings. The �installation of recvclable materials collection areas at
42 existing multifamily dwellings is encouraged. Multifamily dwellings subject to substantial
43 renovation shall provide the materials collection areas as provided herein. The growth
44 management director may authorize the use of existing parking spaces as a locations
45 for collection areas. Reduction of the parking for this purpose shall not require a
46 variance.
il
Date Prepared: May 19, 2010
Ordina��ce 13, 2010
1
2 (d) Non-residential recvclable materials storaae areas. From the effective date of this
3 section, all new non-residential developments and maior re-development of non-
4 residential proiects shall provide storaae areas for recvclable materials in accordance
5 with sections 78-378 and 78-379.
6
7 SECTION 8. Chapter 78, Land Development of the Code of Ordinances of the
8 City of Palm Beach Gardens, Florida is hereby amended at Section 78-751. Definitions.
9 by amending the definitions of "Ecosystem, native Florida", "Endangered species,
10 threatened species, and species of special concern" and "Listed species" and by adding
11 new definitions for the terms "Protected species", "Restoration/creation", "Threatened
12 species" and "Upland Native Plant Community" each of which shall be placed in
13 alphabetical order in the list of definitions; providing that "Ecosystem, native Florida",
14 "Endangered species, threatened species, and species of special concern", "Listed
15 species", "Protected species", "Restoration/creation", "Threatened species" and "Upland
16 Native Plant Community" shall hereafter be defined and read as follows:
17
18
19
20
21
22
23
24
2J
Sec. �8-�51. Definitions.
Ecosystem, means an assemblage of living organisms�g �plants,
anim�ls, � microorganisms, etc. and nonliving components �,soil, water, air, a�-#�ie
� etc. that functions as a dynamic whole through organized energy flows �^�"���
, ,
c�r�onifin�ll�i in �ro� Inn��or: �eii�hin �ho ni��i
lA IVVVAiVM •�1\����� N�V V/\••
!
26 Endangered species, threatened species, and species of special concern (referred to as
27 listed sqeciesl means plant or �i#e animal species listed as endangered, threatened,
28 or a�-s�s of special concern by a-r� one or more of the following agencies: U.S.
29 Fish and Wildlife Service, Florida Department of Environmental Protection, Florida Fish
30 and Wildlife Conservation Commission, Florida Committee on Rare and Endanaered
31 Plants and Animals, Treasure Coast Reaional Plannina Council or the Florida
32 Department of Agriculture and Consumer Services.
33
34
35
36
37
38
39
Listed species �ee means those saecies desianated as endangered �pes+es,
threatened speeies, a�d or ,', of special concern.
Protected saecies refers to official federal, state, or international treatv lists which
—_
provide leaal protection for rare and endanaered species.
40 Restoration/creation (referrina to upland qreservation) means upland areas that, due to
41 the area's environmental dearadation, have the soil and some remnant veaetation
__
42 associated with a known natural ualand communitv. which can be artificiallY
43 reestablished to function like an upland communitv to meet or exceed environmental
44 reauirements.
45
46 Threatened saecies refers to species that are likelv to become endanaered in the state
12
Date Prepared: May 19, 2010
Ordinance 13, 2010
1 within the foreseeabie future if current trends continue. This cateqorv inciudes: (1)
2 species in which most or all populations are decreasina because__of over-exaloitation,
3 habitat loss, or other factors; (2) species whose populations have alreadv been heavilv
_- -
4 depleted bv deleterious conditions and which, while not actuallv endanaered, are
__
5 nevertheless in a critical state; and (3) saecies which mav still be relativelv abundant but
6 are beina subiected to serious adverse aressures throuahout their ranqe.
7
8 Ualand Native Plant Communitv refers to the oriqinal terrestrial, natural bioloaical
9 associations of Florida as outlined in the most current "Guide to The Natural
10 Communities of Florida" arepared bv Florida Natural Areas Inventorv and Department of
11 Natural Resources.
12
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SECTION 9. All ordinances or parts of ordinances in conflict be and the same
15 are hereby repealed.
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17 SECTION 10. Should any section or provision of this Ordinance or any
18 portion thereof, any paragraph, sentenc�9 or word be declared by a Court of competent
19 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
20 this Ordinance.
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SECTI�N 11.
SECTION 12.
Specific authc�rity is hereby granted to codify this Ordinance.
This Ordinance shall take effect immediately upon passage.
[The remainder of this page is intentionally left blank.]
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PASSED this
day of
PASSED AND ADOPTED this
2010 upon second and final reading.
CITY OF PALM BEACH GARDENS
BY:
David Levy, Mayor
Robert G. Premuroso, Vice Mayor
Eric Jablin, Councilmember
Jody Barnett, Councilm�mber
Joe Russo, Councilmember
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, City Attorney
14
Date Prepared: May 19, 2010
Ordinance 13,2010
, 2010 upon first reading.
day of
FOR AGAINST ABSENT
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Environmental Lands Mitigation
and
Dumpsters/Recycling
Ordinance 13, 2010
Planning, Zoning and Appeals Board
J u ne 8, 2010
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• City-initiated amendment to the text of the Land
Development Regulations (LDRs), Natural
Resources and Environmentally Significant
Lands codes to be consistent with the
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Conservation Element of the Comprehensive
Plan;
City-initiated amendment to the text of the LDRs,
Dumpster/Recycling codes to promote recycling
related to the green initiatives.
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• Clarify Section 78-158, Waivers
— Refers to wrong Division
— Mandate non-negotiable 25% set aside
• Implementation language negotiable
• Agricultural Uses
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— Consistent Comprehensive Plan Policy 6.1.4.5.
— Set aside required
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— Section 78-246 modified to add 3 additional categories of
environmentally sensitive
Comprehensive Plan, Policies 6.1.1.3 and 6.1.4.5.,
— Section 78-249 is being modified to clarify the criteria for
upland and wetland mitigation
• By establishing that the required on-site 25% set aside can be the
existing or restored native upland environment or habitat;
• When a parcel is located east of the Urban Growth Boundary, off-site
mitigation and/or cash in-lieu of on-site preservation may be utilized, if
approved by City Council;
• Owners of platted upland preserves will not be permitted to utilize the two
mitigation options; and
• Wetland mitigation is determined by the agency having jurisdiction.
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• Com prehensive Plan, Pol icy 6.1.4.5.
— Proposed changes to Section 78-250 further
strengthens the LDR language that clarifies
that City Council can designate on-site 25%
set aside acreage and location, or mitigation
acreage based on the environmental
assessment.
— Other changes to Section 78-250 to increase
the function and enjoyment of on-site
preserves within a limited scope.
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Plan, Policy
— Amendment to Section 78-252 requires the LDR to
establish criteria for assessing the mitigation options.
Based on previous City Council's site plan approvals and
consultation with Property Appraisers, staff recommends:
• A three to one ratio limit when assessing off-site mitigation proposals;
• Wetlands cannot be used to mitigate for uplands;
• Off-site preserves shall be deed restricted and include long-term
maintenance prior to land alteration; and
• Cash payment shall be equivalent to the average per acre appraised
value of the development property after issuance of development
approval by City Council, multiplied by the number of acres required to
be preserved.
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• Comprehensive Plan, Policy 6.2.2.5.,
which is the City's green initiative to
promote recycling.
— Proposed changes to Sections 78-378 and
78-379 are encouraged by City staff proposal
addresses current difficulties property owners
have in order to add recycling dumpsters or
screen existing dumpsters.
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Staff recommends APPROVAL of proposed
text amendments to the Natural
Resources and Environmentally
Si nificant Lands and Dumpster/Recyclin
g g
sections of the LDRs.