Mignano Tree Care COUS 17-001DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Mignano Tree Care (COUS 17 -001)
APPLICANT: Joseph Mignano, Mignano Tree Care
APPLICANT'S ADDRESS: 1127 SE 2 °d Street, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 20, 2017
APPROVAL SOUGHT: Request for Conditional Use approval for the stockpiling of landscape debris,
located in the M -1 (Industrial) zoning district.
LOCATION OF PROPERTY: Vacant parcel north of 301 SE 10 Avenue
JUSTIFICATION: SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on
the date of hearing stated above. The City Commission having considered the approval sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
Application for the approval sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Applicant
-- ~HAS
HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested
by the public and supported by substantial competent evidence are as set forth on Exhibit "C"
with notation "Included."
4. The Applicant's request is hereby
°GRANTED subject to the conditions referenced in paragraph 3 above.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other. 4 g _.. ._.4° -
DATED:
t`" e City Clerk
S:1 Planning \SHAREDIWPIPROJEC Tree Care1COUS 17- 001:DOdoc
! 1
Conditions of Approval
Project Name: Mignano Tree Care
File number: COUS 17 -001
I
DEPARTMENTS i
INCLUDE i
REJECT
ENGINEERING l PUBLIC WORKS / FORESTRY / UTILITIES
Comments: None j
x
FIRE
E
Comments: None
x
POLICE
Comments: None
x
BUILDING DIVISION
Comments: None
x
PARKS AND RECREATION
i
i
Comments: None
x
I
PLANNING AND ZONING
i
Comments: None
x
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: None
x
r
CITY COMMISSION CONDITIONS
Comments: To be determined y
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Land 1)2velopmerrt Regulations
Chapter 3, Article IV, Sec. 4. Conditional Uses.
A. Applicability
B. Definition
C. Standards for Evaluating Conditional Uses.
1. Ingress and egress to the subject property and proposed structures thereon, with
particular reference to automobile and pedestrian safety and convenience, traffic
flow and control, and access in case of fire or catastrophe.
has rma6vvav/sec�orks per requi/emonC City of Boynton Beach, Boynton
L;eac|'Fi/eDeA.(mote: survey oliached]
Z Off street parking and loading areas where required, with particular attention to the
items in subsection [.1. above, and the economic, glare, noise, and odor effects the
conditional use will have on adjacent and nearby properties, and the city as a whole.
Yacan`L |anJ, no hu parking N Dust control bylrri,�a1ion.
3. Refuse and service areas with particular reference to the items in subsection C.1.
and C.3.Above.
d/A 4. Utilities, with reference to locations, - availability, and compatibility.
JufanLianc,mnk/vvat,2r,si-nagenurimg location ofvv-Arec
5. Screening, buffering and landscaping with reference to type, dimensions, and
character.
6ftch hence with vvinAscreenvvesi.-snuthprope�y 6ft wood fzncenorth-
e�stproperiy with 5fYormci
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety,
economic effect, and compatibility and harmony with adjacent and nearby
properties.
7. Requioadoeibacks and other open spaces.
;Ieq�|redseilh;ckonfSDftoneast-northproperty'Vondurres�ldi back
bnrderr:�i|road and west storage yard.
B. General compatibility with adjacent properties, and other property in the zoning
district.
M-1- surmoundin-s
9. Height of buildings and structures, with reference to compatibility and harmony to
adjacent and nearby properties, and the city asawhole.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
N/A
11. Where applicable, the proposed use furthers the purpose and intent of a
corresponding mixed use zoning district or redevelopment plan.
N/A
12. Compliance with and abatement of nuisances and hazards in accordance with the
operational performance standards as indicated in Chapter 3, Article IV, Section 1
and the Noise Control Ordinance, and City Code of Ordinances Part II, Chapter 15,
Section 15 -8
i e is a 6 it chcin Hr,', fens(-. nth vjindscr,ven, 6 ft v >jjod fence 6 it Arec j Palms
to bu jai any
SYS-" aM cC?v-rs �J:? CCi;lrlri' pile,'v'?A ,rs ari�( a paloi iinrd2c, Z:! i sow`s,
: )- uperty for dust
EX r,n'tp > S:- , rkrice Moilltc rs fol, roce its.
J 4+ =:at2 entry is open! vi ►h" during; business ' hours.
13. Required sound study and analysis. All conditional use applications for bars,
nightclubs and similar establishments shall include the following analysis performed
by a certified acoustic engineer.
- F;"
a. Data on the sound emitting devices /equipment and the methods and materials
to be used to assure that the acoustic level of the City Code will be met.
N/A
b. The analysis shall specify the authority and /or basis for determination of the
acoustic level of the sound emitting devices /equipment.
c. The analysis of any sound retention, reduction or reflection shall include
information such as the nature, types an coefficients of sound absorbent and
sound reflecting materials to be used, coatings of the surfaces of ceilings, walls,
windows, and floors and insulation to be used
N 1
d. It shall also verify That sound standards shall be met during the normal opening
of doors for people entering and exiting the establishment
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12TH l,VEtJ !:, S'i'_ e'7, BOVfV'_CIt'F3EA0+, ''LOi.IbA ?4.35
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Vlignano Tree Care
Vegetation Holding Area
Procedures, Requirements, Standards
To The City of Boynton Beach,
PROPERTY LOCATED AT 301 SE 10 Ave. Located in M -1 zoning, currently used as landscape
vegetation holding area. Existing compost pile as shown on plot map has set back of 30 fl on
north and east property and 25 ft set back on west property bordering railroad. Existing area
for set back is gravel road and required by ordinance for Fire Dept.
Property is vacant land which is fenced by 6 ft chainlink fence with windscreen on west
property bordering railroad and south side bordering storage yard. There is a 6 ft wood fence
on north and west property line.
Areca palms that are 6 ft in height are planted as a buffer on north and west property line. They
are irrigated by drip line and are fertilized 4 times a year.
The irrigation system is installed per requirement by the City Of Boynton Beach Fire Dept.
It has been upgraded after inspection by Boynton Beach Fire Dept and compost pile is now
receiving adequate coverage.
Irrigation is also used to soak property during drought for dust control.
There is irrigation signage posted on property, showing location of main water turn on and 4
rolls of hose at 400ft.
Star Exterminating Services is rodent baiting and monitoring for rodents.
Entry to the property has custom steel gate which is only open during business hours, the
property is locked at the end of business day.
Vegetation pile is to be limited to 10 ft in height, there are 4 10ft 44 posts at the corners of
pile that are used as a reference point so as not to exceed height limit.
Vegetation pile is turned on a daily basis, minimum of once per day, there is a log kept in the
office to record dates and frequency of turning pile, requested and required by Boynton Beach
Fire Dept.
Vegetation is removed on average every 6 weeks through our coop BioCarbon Technology Inc.
Compost is hauled to Martin County site where it is processed and screened. Compost is then
sold to citrus growers to line base of citrus trees, Farmers use it to amend soil, coop members
use for landscape planting and Scotts where it is sold at Nome Depot as their organic compost.
100% of vegetation and wood chips is being recycled back into landscape.
SircnrelY,
President "ti
Issued To: Mignano Tree Care, Inc.
295 SE 10th Avenue
Boynton Beach, FL 33435
Mail To: Attention: Joseph Mignano
Joseph Mignano
1 127 SE 2nd Street
Boynton Beach, FL 33435
Owner. Joseph Mignano
Original Customer: Mignano Tree Care, Inc. (NON - TRANSFERABLE)
Issued To: Mignano Tree Care, Inc.
295 SE 10th Avenue
Boynton Beach, FL 33435
Mail To: Attention: Joseph Mignano
Joseph Mignano
1127 SE 2nd Street
Boynton Beach, FL 33435
Owner: Joseph Mignano
STATE OP FV0`PZ,L) .
DEPARTf,4IEINIT OF �tE +r. TFt
oNd V Waste
<Tz:�TE OF FLORIDA
]EPARTR JIE NT OF HEALT
'Upe['etif ,J Perni-sh.
Solid Waste
, 50-63 -, 1 601 4 9E
50- BID - 330897
County: Palm Beach
Amount Paid: $125.00
Date Paid: 12/02/2016
Issued Date: 01/0112017
Permit Expires On: 12/31/201
Issued By:
Department of Health in Palm [leach County
P.O. Box 29 - Fourth Floor
West Palm Beach, FL 33402 -0029
(561) 837 -5900
DISPLAY CERTIFICATE IN A CONSPICUOUS PLACE
5 0-63-160 1 49:8
50 -BID- 3308972
County: Palm Beach
Amount Paid: $125.00
Date Paid: 12/0212016
Issued Date: 01/01/2017
Permit Expires On: 12/31/2017
Issued By:
Department of Health in Palm Beach County
P.O. Box 29 - Fourth Floor
West Palm Beach, FL 33402 -0029
(561) 837 -5900
West Palm Beach
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SUNSHINE STATE
COOPERZATME
1 00% Vegetative Biomass
supplied by the Sunshine
State Biomass Cooperative
3 786 14VV 12 Aire � Curai Springs, F1 33035
Techn.olop
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I certify the attached is,a true anal. correct copy of the Amended and Restated
4 n 1 ATE
1 - - irticles - of Incorporation, filed May 11, 2012, for 'SUNSHINE ST,
BIOMASS COOPERATIVE, INC,,.a Florida,corporation, .as shown by . b the records
CR2EO22 (1-11)
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this the
Eleventh day of May, 2012
'�Irta Ptfawr
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Pahokee Composting Operation Flow Chart
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PLANNING ANO ZONING DIVISION
MEMORANDUM NO. PZ 17-0'17
STAf'F E'Poi "'
TO: Chair and Members
Planning and Development Board
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Ed Breese
Principal Planner
DA April 28, 2017
PROJECT NAME /NO: IVlignano Tree Care (COUS 17 -001)
REQUEST: Conditional Use approval for the stockpiling of landscape debris,
located in the M -1 (Industrial) zoning district.
PR0.9I.t".'t
Property Owner; Bob Richardson
Applicant Joseph Mignano, Mignano Tree Care
Location: Vacant parcel north of 301 SE 10` Avenue (see Exhibit "A ")
Existing Land Use /Zoning: I (Industrial) / M -1 (industrial)
Proposed Land Use /Zoning: No change proposed
Proposed Use: Landscape Debris Stockpiling
Acreage: 0.53 -acr?
Adjacent Uses:
North: Existing multi - family residential structure with a Local Retail
Commercial (LRC) future land use classification, and zoned
Community Commercial (C3);
South: Existing warehouse structures with an Industrial (1) future land use
classification, and zoned Industrial (M -1), and farther south right -
of-way for SE 10` Avenue;
East: Existing single - family and multi - family residential structures with a
Medium Density Residential (MEDR) future land use classification,
Mignano Tree Care Staff Report
COUS 17 -002
Page 2
and zoned Duplex (R2), and farther east right -of -way for SE 3 t
Street; and
West: Right -of -way of the FEC Railroad, and farther west existing
warehouse structures with an Industrial (1) future land use
classification, and zoned Industrial (M -1),
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject project were mailed a notice of this request
and its respective hearing dates. The applicant has certified that signage is posted and notices
mailed in accordance with Ordinance No. 04 -007.
BACKGROUND /PROPOSAL
Mr. Joseph Mignano is seeking Conditional Use approval for the stockpiling of landscape debris.
The requested use consists primarily of stockpiling of landscape vegetation collected from
various job sites in a holding area. According to the applicant, the vegetation is removed
approximately every six (8) Weeks throb nh n roonerative with Biocarbon Technology Inc. The
compost is then hauled to a facility in Martin County, where it is processed and screened. The
final compost product is then sold to citrus growers, farmers, landscape companies and Scotts,
who sells it as organic compost at Home Depot.
Mignano Tree Care has been located in the City since 2005, and began operations in 2014 at
1127 SE 2 Street, one block away from the stockpiling site. Mr. Mignano has been operating
the debris stockpiling business at this location approximately since that time and has a Health
Department permit to operate. In 2015 the City Commission adopted an ordinance adding this
type of use to the Land Development Regulation's Use Matrix on a trial basis for 18 months.
The Development Director, Planning & Zoning Director, City Engineer, Fire personnel and Code
personnel have all conducted site inspections to determine compliance with the regulations of
code. On February 21, 2017, the City Commission extended the trial period to August 22, 2018,
partly based upon the results of those inspections, and required the applicant receive
Conditional Use approval. Mr. Mignano applied on March 15 and provided extensive backup
documentation regarding his operations (Exhibit "D ").
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Section 11.2.D of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning
and Zoning Division's evaluation of the application as it pertains to each of the standards. In
addition, the applicant has submitted a separate detailed justification statement that addresses
each of these standards (see Exhibit "C" — Justification Statement).
The Planning & Development Board and City Commission shall consider only such conditional
uses as are authorized under the terms of these zoning regulations and, in connection
therewith, may grant conditional uses absolutely or conditioned upon adherence to conditions of
approval including, but not limited to, the dedication of property for streets, alleys, recreation
space and sidewalks, as shall be determined necessary for the protection of the surrounding
area and the citizens' general welfare, or deny conditional uses when not in harmony with the
Mignano Tree Care Staff Report
COUS 17 -002
Page 3
intent and purpose of this section. In evaluating an application for conditional use approval, the
Board and Commission shall consider the effect of the proposed use on the general health,
safety and welfare of the community and make written findings certifying that satisfactory
provisions have been made concerning the following standards, where applicable:
1. ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe.
There are no proposed changes to the existing ingress and egress for the site, which
currently provides a single point of ingress /egress from SE 10 Avenue, through the 301 SE
10 Avenue property, which is operated as a warehouse and also owned by the same
landlord, Bob Richardson.
2. Off- street parking and loading areas where required, with particular attention to the items in
standard #1 above, and the economic, glare, noise, and odor effects the conditional use will
have on adjacent and nearby properties, and the city as a whole.
The business operates on a vacant, fenced, and unimproved site utilized for landscape
st o ckpiling /Exhi"i+ "B"` Twr %icu!INi there employee who turns the material
debris . s7v N i iy \ ' /• ere s one em Y N Y p y
stacked in a pile on a daily basis. Therefore, the parking consists of the open field area for
the employee's vehicle, which is seldom parked there, as he typically parks at the main
office a block away, and the piece of equipment used to turn the pile. Consistent with the
applicable zoning regulations, there is a 30 foot gravel perimeter drive around the pile to
accommodate emergency vehicles and the loading and turning movements for the hauler on
the site, as well as to provide separation between the pile and abutting properties.
3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above.
The applicant indicates that there is no waste generated from the site.
4. Utilities, with reference to locations, availability, and compatibility.
The City of Boynton Beach Utility Department currently serves water to the site, which the
applicant utilizes to keep the pile wetted down and mitigate any potential dust associated
with the operation. No additional impacts are anticipated with this application, as the
sprinklers are in place and operating, as are other hoses.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
The property is bordered on the north and east sides, abutting the residential uses, by a six
(6) foot tall wood fence, as well as a row of areca palms, which are a fast - growing, multi -
trunk plant, commonly used to create a visual barrier at a property edge. The south and
west sides, abutting the railroad and industrial property, has a six (6) foot tall chain link
fence with windscreen to screen the operation.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect,
and compatibility and harmony with adjacent and nearby properties.
The applicant indicates, as this is an undeveloped site, no lighting or signage is existing or
proposed (Exhibit "CI ).
Mignano Tree Care Staff Report
COUS 17 -002
Page 4
7. Required setbacks and other open spaces.
As previously noted, there are no buildings on the subject site. The pile itself is located
approximately 30 feet from the north and east property lines abutting the residential uses, in
compliance with the code requirements.
8. General compatibility with adjacent properties, and other property in the zoning district.
The use is generally compatible with other industrial uses, but has been listed as a
conditional use to help ensure case -by -case review for compatibility at a given site. As noted
previously, the site is bordered by warehouses on the south and the railroad on the west,
and where there are residential structures on the north and east, a (six) 6 foot tall wood
fence and row of areca palms provide a buffer, along with the required 30 foot separation
from the pile to the property line. Additionally, the code regulations limit the hours of
operation from 8:OOAM to 6:OOPM on weekdays and on Saturdays from 8:OOAM to 2:OOPM,
or as amended during the Conditional Use process. Also, no chipping of the material is
permitted on -site, in an effort to keep noise levels to a minimum.
9. Height of building and structures, with reference to compatibility and harmony with adjacent
and nearby properties, and the city as a whole.
As there are no structures on -site, the only regulation is the limitation of the height of the
debris pile to 10 feet. The applicant has installed four (4) 4X4 wood posts at 10 feet in height
along the perimeter of the pile for reference points to ensure the pile does not exceed the
maximum allowed.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
Staff and the City Commission carefully drafted regulations for this type of recycling
business in an effort to minimize any external impacts on surrounding properties, including
minimum lot size standards, separation from adjacent properties, minimum buffering
standards, and limited hours of operation. Relative to the effect on the City as a whole, this
type of business supports the City's Climate Action Plan and contributes to the reduction in
greenhouse gas emissions.
11. Conformance to the standards and requirements, which apply to site plans, as set forth in
Part lll, Chapter 4. Site Plan Review, of the City's Land Development Regulations.
Concurrency requirements are really not applicable to this type of use. However, the project
supports several concurreny, as well as the City's Climate Action Plan initiates. By recycling
the vegetative waste, the material is not being placed in the landfill, wasting valuable landfill
space. Additionally, the fact that material is being trucked to this central location and only
being removed every six (6) weeks, the amout of greehouse gas emissions from vehicle
miles travelled is being reduced. Lastly, 100% of the material is being recycled into useful
products, including compost for citrus growers, farmers, landscape companies and
homeowners.
12. Compliance with, and abatement of nuisances and hazards in accordance with, the
performance standards of Chapter 2, Section 4.N. of the City's Land Development
Regulations and conformance to the City of Boynton Beach Noise Control Ordinance.
Mignano Tree Care Staff Report
COUS 17 -002
Page 5
This section of the regulations is intended to ensure land use compatibility through the
review of conditional uses for potential external impacts including noise; vibrations;
particulate matter; odor; toxic matter; fire and explosions; heat, humidity and glare; waste;
and electromagnetic interference. When the City Commission adopted the ordinance to
accommodate and regulate such uses, there were a number of safeguards placed within the
code to address the health, safety and welfare of the public. Some of those safeguards
include a minumum 0.5 -acre site standard, 30 -foot setback between the pile and residential
property line, adequate screening, hours of operation, dust control measures, and fire
protection monitoring, alerting and suppression. Additionally, the operator has contracted for
regular pest control services to address any vermin issues associated with the decaying
plant material.
RECOMMENDATION
Based on the information contained herein, compliance with development regulations and
conditional use standards, staff recommends APPROVAL of this request for conditional use,
subject to satisfying all conditions of approval recommended by staff as contained in Exhibit "E"
— Conditions of Approval. Any additional conditions of approval recommended by the Board
and required by the City Commission will be placed in Exhibit "E" accordingly.
S:1 P! ann !ng\SHAREDIWPIPROJECTS1Mignano Tree Care1COUS 17- C011Staff Report.doc