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Minutes 08-12-15MINUTES OF THE SPECIAL PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON WEDNESDAY, AUGUST 12, 2015, AT 7 P.M. PRESENT: David Katz, Chair Ryan Wheeler, Vice Chair James Brake Brian Miller Trevor Rosecrans Nicholas Skarecki ABSENT: Stephen Palermo Kevin Fischer, Alternate CALL TO ORDER James Cherof, City Attorney David Katz, Chair, called the Special Meeting of the Planning and Development Board to order. 1. Pledge of Allegiance Mr. Rosecrans led reciting the Pledge of Allegiance to the Flag 2. Roll CaII Roll call revealed a quorum was present as noted above. 3. Agenda Approval Mr. Brake moved to approve the agenda. Mr. Skarecki seconded the motion that passed unanimously. 4. Approval of Minutes (None) 5. Communications and Announcements: Report from Staff Andrew Mack, Interim Development Director and City Engineer, introduced himself to the Board. He was 12 days on the job. There was no report from staff. 1 MEETING MINUTES SPECIAL PLANNING AND DEVELOMENT BOARD BOYNTON BEACH, FL August 12, 2015 6. New Business Chair Katz disclosed he would recuse himself from the vote and would turn the meeting over to Vice Chair Wheeler. Mr. Katz has been very involved in the generation of the Ordinance to be discussed. He had met with staff, the business owner and spoken to spoke in front of members of the Commission on the issue. (The gavel was passed to Ryan Wheeler, Vice Chair) A. Landscape Debris Stockpiling (CDRV 15-004) - Approve amendment to Land Development Regulations (LDR) Chapter 1, Article II (Definitions), and Chapter 3, Article IV, Section 3.D (Zoning Matrix and Notes) to establish a new use -- Landscape Debris Stockpiling, including the zoning district where such use is allowed (M-1); and corresponding approval processes, and site, use and operational restrictions and standards. Applicant: City-initiated Mr. Mack gave a brief background that the property owner had approached the Commission and staff to write regulations. The current use is not allowed in the Code. At the direction of the Commission, some language was proposed to allow the use. The Ordinance was before the Commission on first reading on August 4th. The current request includes the staff report and a copy of the first draft ordinance approved by the Commission. Mr. Miller requested further clarification from staff. Mr. Mack pointed out there are landscapers stockpiling their commercial landscaping debris on site. It is then used as a station to stockpile to then haul it away. One of the sites uses the debris to generate char or re-char and mulch. The current Code does not allow the use. The property owner had approached the Commission requesting the use be allowed. Typically, a study is done and a trial period is established. Due to the potential for loss of jobs and revenue, the Commissioners directed to move an Ordinance forward. Attorney Cherof advised the Ordinance should be approached from the perspective for all M-1 zoning districts. There was one property that acted as the stimulus, but it is not site specific, rather all M-1 zoning district properties. Mr. Rosecrans inquired if there was any regulation to regulate odor. Mr. Mack replied there was not, as it is outlined in the Ordinance. Mr. Rosecrans inquired if there were penalties for leeching or stormwater entering into the City system. Mr. Mack responded there are no penalties in the Ordinance. If the business does not contain their runoff on site, their Business Tax Receipt could be revoked or their Certificate of Use revoked. It is a pilot program. Typically, staff would study the situation for a longer period of time. 2 MEETING MINUTES SPECIAL PLANNING AND DEVELOMENT BOARD BOYNTON BEACH, FL August 12, 2015 Because of the necessity of one site, consideration was extended to the owner. The City Attorney did draft the language with staff, the owner and the State to develop the appropriate priorities. It gives staff an opportunity to monitor the site and make any adjustments needed over the next 18 months. Mr. Brake inquired about the location of other M-1 zoning districts. Mr. Mack indicated there are areas off Industrial Way, another off Congress on 33cd 30th and down Bear Read Railroad Avenue is the majority of M-1. Mr. Brake asked if this would be a permissible use or a requested use. Mr. Mack advised, after being adopted on August 18th, the owner would have to apply for a Business Tax Receipt and a Certificate of Use and comply with all the regulations. There would need to be documentation that the business was operating for 36 months prior to requesting a Business Tax Receipt. The regulations set the parameters. Attorney Cherof interjected each site would have to seek conditional use approval. Mr. Skarecki asked if permission had to be given first. Mr. Mack explained if the business owner can document they have been at the site for 36 months, the operation can continue with compliance of all other regulations. A conditional use would have to be sought within 18 months or cease the business operation. The Ordinance gives the property owner time to get a Business Tax Receipt and Certificate of Use to be compliant at this time. Then 18 months is allowed to get a conditional use approval to be a permanent business until the program sunsets or the regulations are codified. Mr. Brake asked if this was a separate Business Tax Receipt. Mr. Mack advised it would be a new title for landscape stockpiling. Mr. Rosecrans asked if the turning once a week would be sufficient. Mr. Mack advised it was a requirement of the Fire Department. Attorney Cherof noted it was the Fire Marshall's recommendation. The, concern of not turning the materials would be the buildup of heat and combustions. There were also requirements for a sprinkler system. Mr. Brake asked who would be in charge of enforcing the regulations and monitoring. It could be multiple departments according to Mr. Mack. Engineering would look at one aspect of it for site drainage; the Fire Department would have another aspect and Code Enforcement would have an area of responsibility also. Vice Chair Wheeler opened the issue for public hearing. No one came forward. Motion Mr. Miller moved for approval of the amendment to the LDR. Mr. Brake seconded the motion. The motion carried unanimously. • 3 MEETING MINUTES SPECIAL PLANNING AND DEVELOMENT BOARD BOYNTON BEACH, FL August 12, 2015 7. Other None 8. Comments by members None 9. Adjournment Mr. Miller moved for adjournment and Mr. Brake seconded the motion that passed unanimously. Vice Chair Wheeler adjourned the meeting at 7:11 p.m. udith A. Pyle, CM Deputy City Clerk 4 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME IRST NAME 1DDLE NAME KA TZ-- Pt\f II) P- NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE E 1 -/ tE f& I P&L) ft ( Mob nco- t D r gl MAILI(JG�4DDRF� l / S�J ( / ill S,� 11 we I w � � THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHIG S RVE IS A UNIT OF: iv( 1 iY Pa 0 cew►artir O OTHF L ugsceency TY COUNTY G -C 1, Z E f 'll I l 1O �p(�y� ` / /4 NAME OF POLITICAL SU D ISION: 't``` / DATE ON WHICH OTE QCCURRED 411 � 24 a Q I s _,% «---.\ MY POSITION IS: 0 ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from votingeri a measure 'which inures to his or her special private gain or Toss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a rela(ive; or to the special private gain or Toss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in thaf capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, f er- iA3la, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying oGt16 bu_ s enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of thgorpn are not listed on any national or regional stock exchange). r — m - a a PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measurrQn ou are abstaining from voting; and ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. I, A\I 117' _A, )6\-1-- Z . , hereby disclose that on (a) A •• easure came or will come before my agency which (check one) inu d to my special private gain or loss inured • the special gain or to : • my business associate, Date Filed i 4 0 DISCLOSURE OF LOCAL OFFICER'S INTEREST 20 1 S : inured to th pecial • = or Toss of my relative, inured to the s• - 'al gain or loss of whom I _ retained; in -d to the special gain • loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ' rl ei SvRt VW PAS NN A21 tot 84NC ' ( 1 --t �� - IAN( ■1 croft 1 c,2& j IN 6- 1 Na- 1 t-fft CYl tV6$ LA) S»rf °C PAN H SVDKEN ?v Q 1 c t, 6 /c- ? of l�-1C NL? f Thrte 601 (' tlUE ( „ , by NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2