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Minutes 06-20-17MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY JUNE 20, 2017, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Justin Katz. Vice Mayor Mack McCray, Commissioner Christina Romelus, Commissioner ABSENT: Joe Casello, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Invocation Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk Sister Loraine Ryan of the Women's Circle offered the invocation. Pledge of Allegiance to the Flag. Vice Mayor Katz led the Pledge of Allegiance to the Flag. ROLL CALL Judith A. Pyle, City Clerk, called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Katz added 3 items to future agenda items. He wanted to discuss FLSC LLC (Florida Textile Recycling Programs). He also wanted to discuss two parcels of lands that the City owns; one parcel located east of Leisureville, second parcel located behind Chapel Hill, a strip of land known as Girl Scout Park. Mayor Grant added an item to the future agenda items, Traveling Sauna. He offered to work with the CRA to get this service to the City of Boynton Beach. 2 Meeting Minutes City Commission Boynton Beach, FI 2. Adoption Motion June 20, 2017 Commissioner McCray moved to approve the agenda as amended. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Commissioner Romelus was happy to see the elected State representatives in attendance. She attended a Citizenship party that was hosted by the Women's Circle of Boynton Beach, attended the Treasure Coast Regional Planning Council; regarding some changes to the US 1 Corridor, attended Tech Trek camp hosted by AAUW (American Association of University of Woman) for young women and STEM (Science Technology Engineering Math). She attended a ribbon cutting ceremony at Yoga Fit located at One Boynton. She wished everyone a Happy Father's Day. Mayor Grant attended the reception for Cocoanut Dreams at the Boynton Beach Library which showcased early 1900 pictures of Boynton Beach and the Ocean Ridge area. June 8th he attended Boynton Beach Chamber of Commerce Governance breakfast. June 9th he attended Tivoli Lakes for the Fairchild Garden Million Orchid Project. He was working to bring some orchids to Boynton Beach. June 12th Mayor Grant attended the MPO (Metropolitan Planning Organization) governance meeting. Currently the MPO was looking to go independent versus being part of the County. He attended the Delka of South Florida, to break the fast for Ramadan. He met with the Treasure Coast Regional Planning Council regarding the US 1 study, addressed Realtor association at Lennar Homes, attended a lunch and learn about RM Logitech. June 15th he attended the Florida League of City Institute of Civic Leadership. June 16th he attended legislative policy committee for land use and economic development. The Mayor stated that the municipalities are under attack from certain State Legislators in Tallahassee. He attended the CRA's School of Rock musical performance. June 17th he attended the Palm Beach County Housing authority meeting; while there, he informed them that the City of Boynton Beach was interested in development on property that Palm Beach County Housing authority owns. He also provided an update on Ocean Breese East. Lastly, he wished everyone a Happy Father's Day. Commissioner McCray on June 13th he met with Palm Beach MPO regarding the US 1 Corridor Study. He met with Dr. Debra Robinson of Palm Beach County School Board. Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Commissioner McCray announced there was a new Principal at Boynton Beach Community High School. Vice Mayor Katz reported he attended the Treasure Coast Regional Planning Council meeting. 3. ANNOUNCEMENTS, COMMUNITY and SPECIAL EVENTS and PRESENTATIONS A. Announce that the July 5, 2017 Commission Meeting has been cancelled. B. Announce Budget workshops for the FY 17/18 budget are scheduled in the Library Program Room on the following dates and times: Monday, July 17, 2017 @ 5:00 P.M. Tuesday, July 18, 2017 @ 10:00 A.M. Wednesday, July 19, 2017 @ 2:00 P.M. Mayor Grant asked Ms. LaVerriere, City Manager for an update on what to expect on the first workshop day. Ms. LaVerriere, explained that typically each of the department heads present all of their General Fund budgets, then the Utility Fund, other funds and will discuss capital improvements. This will be done over the three days. A tentative millage rate will be discussed. She said the City will begin discussing the fire assessment and adopt a preliminary rate resolution. Mayor Grant asked if the City Manager's office could prepare the agenda. Ms. LaVerriere explained that the City Manager's office will prepare the budget agenda. She explained that the smaller departments will be presented first. She stated that Police, Fire, Parks and Recreation usually go the first day. Commissioner McCray asked the City Manager when the Commission could expect to have the proposed Budget Ms. LaVerriere replied that the Proposed budget books will be transmitted to the Commission by the week of July 4' B. Senator Clemons and Representative Lori Berman will provide an update on the recent legislative sessions. State Representative, Lori Berman, District 90, explained that she was going to focus on a few of the bills that were preempted by the State. This year was truly one of the greatest numbers of Bills that preempted local government authority. With regards to 3 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Charter Schools, if a Charter School opened in certain specific facilities such as churches, theaters or community centers, the local government was prohibited from filing any zoning or site plan approvals. Representative Berman reported there was a Construction Bill related to the design and construction or location of signs regarding the retail price of gasoline. As part of that bill there were some items regarding franchise signs. She advised the State will preempt any regulation regarding drones. Local governments will have authority to enact and enforce local ordinances relating to nuisances, voyeurism, reckless endangerment, property damage and other illegal acts from the drones. Representative Berman indicated Uber and Lyft were both preempted by the State. The State has set up framework and has certain requirements regarding fingerprints and safety. The entire transportation networks, are regulated by the State. Utilities are moving towards 5G upgrade. A Bill was passed if utilities wanted to co - locate the wireless communication infrastructure on an existing pole; the City is limited to collect a $150 in fees. Public Works projects preemption, if the local government takes 50% or more from State of Florida the local governments are restricted on any conditions that can be placed on contractors and subcontractors. She gave some examples. Representative Berman noted the Senate overruled some of the vetoed items that helped the cause. This session passed the sale of medical marijuana. She explained that it would be up to the local government whether or not the City wanted to have dispensaries within the Cities boundary. She stated the only requirement for medical marijuana was that the City cannot treat the dispensary any differently from any business that sells alcohol. The budget was $82.5 billion. The Legislatures were able to get some funding for new facilities for the Universities and some water projects. Representative Berman said there was a project for recidivism in the Glades regarding people released from prison, the program received $500,000. Senator Clemons stressed that he did not vote for most of the items. What he spent most of the legislative session working on was to bring some dollars home. He explained that Palm Beach County was able to get $1 million for Lake Worth Lagoon cleanup. The entire state will benefit from the cleanup. Senator Clemons said that some landmark legislation passed in the last session. He has been working on the Sober Home legislation for the past 4 years. Dealing with recovery residences has changed. The State of Florida will pursue unethical marketing practices, and make sure 4 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 that residents are being treated with respect. Senator Clemons said that the State was able to refund the sober home/recovery home task force, which has been a success. Being able to use the statewide prosecutor would help to ensure that unethical sober homes are punished. Physicians must now report electronic opioid prescription within 24 hours. Senator Clemons said that he was really disappointed in the public school funding. Palm Beach County was in the bottom 10% in the nation per student funding and Palm Beach County was last in mental health funding. Mayor Grant asked since the Attorney General has control of the sober homes, will she make a ruling to determine if the sober homes are considered a rooming house for tourist developmental tax purposes. Senator Clemons said that this has not been a part of the Attorney General's lexicon. If you believe that this was something that can be used in order to help keep a lid on some of the bad operators, he said that he would glad to reach out to the Attorney General. Senator Clemons asked if the Mayor could put that in writing. Mayor Grant responded that the Commission will prepare a letter as well as provide the ordinance. Senator Clemons responded that Attorney General Pam Bondi held a press conference in Tallahassee. The Attorney General cited the City of Boynton Beach ordinance and stated that this was the priority for her department. Commissioner McCray asked the correct terminology for sober homes or group homes. Senator Clemons stated the official term in State statute was Recovery Residence. Commissioner Romelus inquired if there has been any word from the legislature to help with short term housing in terms of home away, and getting taxes back to the City. She explained this would offset some of the bed taxes. Senator Clemons stated that he has been in conversation with the people who represent Airbnb. Airbnb does not have a problem with the taxation; as long as it does not ban them from doing business in certain communities. He said that they are competing with traditional hotels. They should be competing on a level playing field. Senator Clemons said that Airbnb and others like them are worried that communities are going to ban them. He said that Miami Beach for example has placed a fee for operating this type of business. The fines are prohibitive; between $10,000 and $20,000. Representative Berman said there was discussion in the House regarding regulations; they wanted to go back to 2014, which was before they put regulations in place on 5 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Airbnb. Doing this would have allowed the City to place more restrictions on what can be done at the houses. Commissioner McCray requested additional information regarding the $500,000 dollars for people coming out of prisons. He asked what would be the effect on one individual. Representative Berman explained the individual would go to the Pahokee facility, live there full time and the individual will be re- integrated into society. Commissioner Romelus asked if the purpose was to restore the rights of the parolee. Representative Berman said that both she and the Senator would like to see the restoration of rights. The present sitting Governor was not for restoration of rights. She said there was a petition that was pending that could be on the ballot for 2018 to get the prisoners' rights restored. Commissioner McCray asked about the Restoration of Rights Bill; was the legislative body pushing for the restoration of rights Bill. Senator Clemons explained that he was the sponsor of the restoration of rights Bill in the Senate. The good news was the ability to put it on the ballot in 2018. He explained that the legislation has made it extremely difficult to place a citizen led initiative on the ballot. The Citizens are required to collect 600,000 signatures over the next 6 months. He said in order to get the signatures it usually entails hiring people. Senator Clemons stated that he sits on two committees in the Senate. There has been a bipartisan effort in the Senate to do serious criminal justice reform. He said the State of Florida needs to stop sending people to prison who are not violent. The State of Florida sends non violent criminals to prison for 20 years. These people must be housed, fed and treated for medical issues. Commissioner McCray inquired about the cost to house a prisoner for 20 years. Senator Clemons explained that the cost to house prisoners continues to rise. It depends on where the prisoner was housed, what type of facility. He said it was between $19,000 to $30,000 per year, per prisoner. There are better options, other than prisons. They are ways that the prisoners can be integrated back into our society. The good news was the State was trying to do some downward departure. The State has judges for a reason; give them the authority to use their judgment in setting prison terms. He said that the State has some mandatory minimum sentencing requirements. Senator Clemons said that putting people in jail does not stop crimes in the future. 11 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 C. Legislative session update from Mat Forrest, the City's Lobbyist. Mat Forrest, Lobbyist, referred to the memo he sent back in May 2017. It was a very tough year. Mr. Forrest said that he pushed for $950,000 in appropriation for the mangrove park water quality and access improvement. The City was not successful. Mr. Forrest said that the City of Boynton Beach was due for next year. He will be working with staff to put together not only an aggressive water project, but a parks project as well. Mr. Forrest stated sober home was a huge Bill. He said people were approaching him in opposition to the Bill. He liked the idea of a rooming house ordinance and collecting a tourist development tax. Mr. Forrest said that he highly recommended reviewing, HB687 the Micro Wireless infrastructure preemption. This Bill enforces rules regarding the placing and maintaining communication services lines/wireless facilities; prohibits authority regulation of facility co -location; authorizes authority to require registration process and permit fees. It also requires authority to process applications. It prohibits authority from requiring approval/fees for maintenance/placement of facilities; provides requirements for co - location on authority utility poles; requires authority to waive certain application and placement requirements; prohibits authority from adopting/enforcing certain regulations and imposing certain fees; authorizes wireless infrastructure provider to apply to place utility poles; authorizes authority to enforce certain local codes/rules/regulations under certain circumstances. This Bill allows for new discretion to the co -location of small utility facilities. The size of the structure was limited. The pole must be 15 feet or higher. He strongly recommends that the City Attorney and the Planning Department review the bill. This could potentially open the flood gates for small fly-by-night companies. The staff needs to be educated on what was allowed. The Bill will be very specific. The whole idea behind the 5G system was that the utilities are going beyond the standard cell phone tower. The utilities need the co -location on poles closer together. Mr. Forrest said he believes that there would be a lot more applications coming in. Mr. Forrest mentioned in regards to vacation rentals; the Bill has two sides. The local authority wants to have the ability to regulate the vacation rentals. The vacation rentals company does not want to be regulated by local governmental offices. The Tax Collector wants the ability to audit the records of the vacation rentals. The Vacation Rental does not have a problem with the remittals but they have a problem with the Audit. Mr. Forrest said that he believes this will eventually be worked out. There was no shortage of bad bills. Mr. Forrest said that HB 17 would prohibit certain local governments from imposing or adopting certain regulations on businesses, professions and occupations after a certain date. This bill Died in the Commerce Committee. Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Mr. Forrest continued on, regarding the increase homestead property tax exemption other than school exemptions. He understands what it would mean to the local governments. The measure must pass by 60% because it would be an amendment to the constitution. Continuing on, there was some good news regarding the Public Records law as it relates to local governments paying fees for frivolous Public Records law suits. Records being requested for an improper purpose was one in which a person requests records primarily to cause a violation of the public records law or for a frivolous purpose. If the court finds that a plaintiff requested records for an improper purpose, the court will require the plaintiff to pay the agency's attorney fees and costs. The regular session ended on May 6th, the Special session ended on June 9th. Mr. Forrest indicated medical marijuana was now a protected product. It was now in the Florida Constitution. Senate Bill 8A allows local governments to regulate the location of dispensing facilities and provides that local government may ban dispensaries within its borders. However, if a local government permits dispensing facilities, it may not impose limits on the number of dispensing facilities. Mr. Forrest stated that the dispensing facility cannot be more restrictive than that of a pharmacy. He said many cities have passed preemptive ordinances in the wake of the medical marijuana passage. Those ordinances need to be updated for compliance purposes. Mr. Forrest announced that the 2018 session was fast approaching. Commissioner McCray said he wanted to personally thank Mr. Forrest for all he has done. D. Erica Whitfield, PBC School Board Member District 4 to address the City Commission. Ms. Erica Whitfield, Palm Beach County School Board Member, introduced Dr. Glenda Sheffield, Secondary Instructional Superintendent and, Maria Bishop, Elementary instructional Superintendent. They were present to answer any questions. Ms. Whitfield explained that there have been many changes within the Palm Beach County School system. Ms. Whitfield stated one of the biggest changes was with the metrics and data. She gave the vision the School District of Palm Beach County. The School District of Palm Beach County envisions a dynamic, collaborative multi -cultural community where education and life-long learning are valued and supported and all learners reach their highest potential to succeed in the global economy. The School District of Palm Beach County was committed to providing a world-class education with excellence and equity to empower each student to reach his or her highest potential 91 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 with the most effective staff to foster the knowledge, skills, and ethics required for responsible citizenship and productive careers. She stated the long term outcome in the school districts was for high school readiness; increase the high school graduation rates. The District wants to make sure that the students are prepared for colleges. Ms. Whitfield indicated that there were several schools in Boynton Beach. The scores in Boynton Beach are based on a metric. The math scores increase 1 % for white students, but went down for black and Hispanic students. Attendance was a major issue for the school system. There was a direct collation between absences and graduation rates. She said the question for the schools, what was being done to address attendance. She said staff will contact the parents and or the guardians and provide steps for success for students and parents. Teachers must understand success looks different for every family. Inform parents how absenteeism was related to student future success. Ms. Whitfield said that if students do not pass the SAT they are able to take the ACT test. The state was looking at increasing the passing score. This was a very big deal. Commissioner McCray worried about transportation of the children to and from school. He said there should be centralized locations for school stops. Ms. Whitfield asked If there was a tie up in traffic, please let her know and she can address the area. The schools try to have stops as close to the students homes as possible. Commissioner McCray pointed out there are several areas of concern. One in particular was near the Hester Center. Ms. Whitfield stated that people can view Edline to receive information about their student's grades and homework assignments. Mayor Grant said that the Broward school district has a representative on the MPO; he asked if Palm Beach County was on the Board. Mayor Grant open the issue for public comment Jerry Taylor, 1086 SW 26 Avenue, said that the school district's goal to graduate 90% concerned him. The goal should be 100%. Ms. Whitfield said that she agreed with him. 0] Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Commissioner Romelus said she wanted to say thank you to the School Board with the TPS (Temporary Protected Status) situation. There would not be any type of situation allowed for that family to have peace of mind. Ms. Whitfield said if citizens were interested in the actual letter grade that was associated with each school, that grade should come out in mid-July. Vice Mayor Katz said the issue of attendance was extremely important. He said especially as a teacher, when a student is chronically absent; the learning cannot be made up. Commissioner McCray asked for a copy of the report. F. Announce the "Fishing for Fireworks?" event that will be held at Intracoastal Park, 2240 N. Federal Hwy., on SATURDAY, JULY 1ST. Activities will begin at 6 pm, and the fireworks are scheduled. to start, at 9 pm. Mayor Grant announced the "Fishing for Fireworks?" event that will be held at Intracoastal Park, 2240 N. Federal Hwy., on Saturday, July 1St. Activities will begin at 6 pm, and the fireworks are scheduled to start at 9 pm. Amy Blackman, Recreation and Parks Superintendent noted the Parks and Recreation Department was pretty excited about the Fishing for Fireworks event. She hopes that everyone would be in attendance. She said there would be great food, music and a lot of great fireworks. Commissioner McCray said that he was disappointed that this celebration was being held on July 1, 2017. He will not be able to attend. Mayor Grant suggested a name change to the Independence Day festival. G. Proclaim June 27, 2017 as National HIV Testing Day. Wisny Marcellus, HIV Outreach and Testing Coordinator, of Genesis Community Health will be present to accept the proclamation. Mayor Grant read and presented the Proclamation to Mr. Wisny Marcellus. Mr. Wisny Marcellus said that he wanted to thank the Commission. South Florida has been hit hard with the HIV epidemic. The response was to provide awareness of the HIV crisis. Genesis Community Health promote and provide healthcare to people of all economic levels with special sensitivity to the needs of economically disadvantaged people of diverse cultural backgrounds in and around Palm Beach County 10 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Commissioner McCray said that in Broward County there was a mobile van, and inquired if Palm Beach County has a mobile van to go to the communities. Mr. Wisny explained there was not a mobile van, but the Genesis Community Health Center does free screening at the Walgreens on Boynton Beach Boulevard. H. Proclaim July as Parks and Recreation Month. Mayor Grant read and presented the Proclamation to the Parks and Recreation Department. Ms. Blackman thanked the Commission for recognizing the Parks and Recreation Department. She asked if staff or residents have pictures of people utilizing the parks or other buildings to please submit them. Ms. Blackman noted that 74% of our children do not get enough daily exercise to prevent childhood obesity. The Parks and Recreation Department, not only help keep children healthy, but fit as well. Most Americans agree that parks are a good value. Property values near a park are higher. Children that live around a park are 5 times more likely to have a healthier weight. Ms. Blackman gave the hashtag information #playonjuly Proclaim June 19-25, 2017 as Amateur Radio Week, Barry Porter will be present to accept the proclamation. Mayor Grant read and presented the Proclamation to Barry Porter for Amateur Radio Week. Mr. Porter advised this was the 25th anniversary of Hurricane Andrew. Every year the HAMs go out to the field to set up communication posts, to make sure there is communication with the outside world. This weekend there are three sites HAM radio use; promoting Okeeheelee Park, South Florida Science Museum and West Delray Park. This event will operate from noon to noon. There are 3000 licensed HAM operators. The operators are here to help as much as possible. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Susan Oyer, 140 SE 27th Way, said she was looking forward to Town Square. Ms. Oyer indicated that the City needs more jobs and office space. The City of Boynton Beach does not need senior assisted living; the city does not need more apartment or condos. There was a new building on 500 Ocean Avenue. When you think of the ocean, most people think blue and green. She was wandering why the building was allowed to be 11 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 painted terra cotta. Ms. Oyer said that Vice Mayor Katz spoke about an architectural review board. What needs to be done to get lights on at the pavilion at Betty Thomas Park? Ms. Oyer said she was at the Park about 10 pm and there was all type of drug deals going on because there are no light at the, pavilion. Having lights would a deterrent. Commissioner Romelus asked what could be done. Wally Mayor, Parks and Recreation Director, said first he would need to get with the Public Works Department to determine if electric was available in the pavilion. He would need to get some feedback from the neighbors. The Recreation and Parks Advisory Board could discuss and bring back a recommendation. Commissioner McCray recalled years ago it was mandatory to have to Commission input on colors for various projects. He stated that color swatches would be sent for selection. Maybe this process fell through the cracks. Ms. Oyer further asked how many cars are allowed to park in a driveway. Her issue was the tenants/owners are parking on the street. There are multiple cars parking on the street. Commissioner McCray said this needs to go to Community Standards. Ms. Oyer replied it this had been reported to Community Standards. She informed the Commission that the tenants use the bathroom at another house. She just wanted to say that the rest of the neighborhood was really great. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 1 Alt Building Board of Adjustments and Appeals: 3 Regs and 2 Alts Library Bd: 2 Regs and 1 Alt Recreation and Parks Bd: 1 Alts Planning and Development Bd. - 1 Alt Senior Advisory Bd: 2 Alts Mayor Grant asked Commissioner Romelus if she wanted to wait until after the Planning and Development Board. He said one of the applicants was applying for Planning and Development Board. Commissioner Romelus agreed. 12 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Commissioner McCray said before he makes an appointment. He requested clarification regarding residents that are serving on multiple boards, how this affect an appointee. Judith A. Pyle, City Clerk said she did look into this situation. This was reviewed in 2010. At that time, a motion was made to allow for a resident to serve on two boards. Ms. Pyle advised the appointee can serve on two boards; one as a regular board member and one as an alternate. Commissioner Romelus wanted to know how this would affect Ms. Susan Oyer. She was already serving on two boards as regular members already. Ms. Pyle said that she would need to become an alternate on one of the boards; if there was availability. Commissioner McCray asked Ms. Oyer if she was selected; would she be willing to drop one of the other boards. Ms. Oyer, had spoken with the Clerk regarding this matter. She would do whatever was needed. Commissioner McCray said that he would nominate Susan Oyer as an alternate on the Planning and Development Board. Ms. LaVerriere, said that this was something that changes with the Commission. This can be changed at any time by amending the ordinance. Motion Commissioner McCray nominated Susan Oyer to the Planning and Development Board as an Alternate member. Motion seconded by Commissioner Romelus. Vote Unanimously passed. Motion Commissioner Romelus nominated Chris Simon as a regular Library Board member. Seconded by Commissioner McCray. Vote Unanimously passed. 13 Meeting Minutes City Commission Boynton Beach, FI 6. CONSENT AGENDA June 20, 2017 Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R17-060 - Approve and authorize the Mayor to sign the twelfth amendment to the Site Lease and Joint Use Agreement between the City, Palm Beach County, and New Cingular Wireless PCS, LLC (fka ATandT Wireless) to allow antenna modifications by Cingular and to update the tower schematics exhibit of the lease for the telecommunications tower at the Rolling Green Municipal Complex (515 NW 14th Court). B. PROPOSED RESOLUTION NO. R17-061 -Authorize the City Manager to sign the grant application with the Division of Historical Resources - Special category Grant for a $750,000 grant for the Historic Boynton Beach High School Rehabilitation and Adaptive Reuse project. ($500,000 State funds and $250,000 City/CRA funds) C. Accept second quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY16/17. D. Legal Expenses - May 2017 - Information at the request of the City Commission. No action required. E. Accept the written report to the Commission for purchases over $10,000 for the month of May 2017. F. Approve the minutes from the Regular City Commission meeting held on June 6, 2017. Motion Vice Mayor Katz moved to approve the Consent Agenda. Commissioner Romelus seconded the motion. Vote Unanimously passed. 14 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 7. BIDS AND PURCHASES OVER $100,000 A. Approve the purchase of vehicles as approved in the FY2016/2017 budget in the estimated amount of $691,397.55 by utilizing the following contracts: Florida Sheriffs Association Contract #FSA16-VEF12.0, Florida Sheriffs Association Contract #FSA16-VEH24.0, Florida Sheriffs Association Contract #FSA16-VEL14.0, GSA Federal Supply Group 84 Contract #GS -attached quotes. Mayor Grant asked if the City was getting another electric vehicle. Ms. LaVerriere, advised that not on the present list. She explained that $524,000 of the $691,000 was for a fire truck, a couple of utility vehicles, a wave runner for ocean rescue, a truck for the Facilities Department and two trash pumps for the trucks. Commissioner McCray wanted to know what was going on with the .trucks. He has received numerous complaints about the trucks not getting to the pick-up stops or getting there later than usual. Jeff Livergood Director of Public Works, explained that the Public Works department has had problems in the past week with three out of the four automated trucks being down. He said for the past two months the Department was running on schedule. Mr. Livergood said if the Commission looks at the bids over $10,000 dollars, the City rented equipment. He said this helped the City catch up on the backlog. They are anticipating four new vehicles that were purchased this year and the Public Works Department hired four new employees which helped tremendously. Commissioner McCray requested when something like this happens please contact him to let him know. He would pass this information to the residents. Motion Commissioner McCray moved to approve. Motion seconded by Commissioner Romelus Vote Unanimously passed 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None Commissioner McCray asked if we could change the title from Code Compliance to Community Standards. Ms. LaVerriere, said that the City Clerk, Judith Pyle would be making those changes. 15 Meeting Minutes City Commission Boynton Beach, FI 14 lei: l=Fc\NIillCc June 20, 2017 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 17-014 - FIRST READING - PUBLIC HEARING - Approve amendments to the CODE OF ORDINANCES, Chapter 13. Licensing, and the LAND DEVELOPMENT REGULATIONS, Chapter 1. Article II. Definitions, Chapter 3. Article IV. Use Regulations, and Chapter 4. Article V. Minimum Off -Street Parking Requirements that provide necessary updates and new standards and justifications for the accommodation and regulation of group homes, and parking requirements for single- and two- family dwelling units. Attorney Cherof read Proposed Ordinance No. 17-014, by title only on first reading. Commissioner McCray asked if this ordinance would affect the house that Ms. Oyer commented on earlier in the meeting. Mayor Grant affirmed that it may. Mike Rumpf, Planning and Zoning Director, would discuss and explain a very complex and a very important topic. There are some very popular buzz words in the media such as sober homes. The City has a problem with criminal activity, drug overdoses, health issues, complaints, neighborhood impacts, corruption and over concentration. A moratorium was in affect as of January 17, 2017 until June 4, 2017. Staff conducted a study to evaluate the sober homes. Mr. Rumpf said that the records do not identify what type of group homes or who their clients are. Mr. Rumpf explained the objectives, challenges of the proposed ordinance. The objective was to evaluate existing regulation processes, being aware of federal and social responsibility to preserve a neighborhood's character. Staff presented what was important in terms of regulations and benefits for all concerned. He reviewed the dynamics of the traditional families as well as the group home clients and residents. A 2015 AP (Associated Press) study presented facts about the aging population. The study addressed those homes accommodating those in sobriety programs as well as the elderly. He said the City does accommodate traditional nursing homes, but fewer each year. It means more will be seeking group homes. The standards must be neutral. Mr. Rumpf emphasized the City needs to base information on factual evidence. The Courts are sensitive to fears and prejudices. The City needs to provide reasonable accommodation. 16 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Mr Rumpf explained that Delray Beach hired an expert to have a study done. Commissioner McCray asked if Mr. Rumpf had seen the report that was done for the City of Delray Beach. Mr. Rumpf had seen the study and he explained that the City needed to eliminate potential discrimination, for consistency with other related use categories, to accurately describe the types or range of uses to be accommodated, as well as to promote the concept of continuum of care. The City will require all group homes to be certified. The State of Florida began using FARR (Florida Association of Recovery Residences) as a reviewing entity in their voluntary system for group homes. Teaming up with FARR the group home would need to deal with the State conditions if they want referrals from State entities. It must be a certified group home by FARR. Doing this will relieve the burden from the City staff. FARR has a maximum of 2 person /bedroom up to 10. These homes are overseen, certified and operated according to quality standards. This also standardizes the City regulations. Type 2 group homes are limited to 15 in R-2, they must be on higher classification roadway. Type 3 will be allowed in the R-3; conditional use would be required; and on higher intensity a higher classification of roadway. Type 3 homes in MU1, 2 & 3. MU2 & 3 requires minimum 60% conventional units. Mr. Rumpf gave a summary of proposed amendments. He said to enforce reasonable separation standards, 300 feet vs 1,000 feet increases parking requirement for all square feet and duplex. The new regulations limiting impervious surface in front yards, and provide parking standards. Mr. Rumpf said the regulations address a property appearance issue involving vehicle parking and property condition, to provide a standard applicable to home size, and to provide the appropriate tools to regulate all properties including those owned, rented and occupied by group homes. Using FARR certified requirements to review group homes would be a recognized and reputable oversight. Certification requirement are neutral and more standardize. These are new regulations, these are unchartered. Mr. Rumpf said that certification was the foundation. Mr. Rumpf farther explained that what was reasonable was not always easy to define. Sober homes have a right to come to the City as long as they are in compliance. Commissioner Romelus had a few questions. She said she understands that 1000 feet was not defensible, but asked if there was a sweet spot in the middle. Mr. Rumpf indicated that if the City takes 300 feet that was the approximate distance. This would be about 4 houses of separation. 17 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Mayor Grant asked if it was defensible to have one group home per block, some of the blocks are more than 500 feet. Mr. Rumpf agreed the blocks are not all the same and why the City was doing 300 feet. Commissioner Romelus asked if the Commission needed to have a vote or a consensus of the board. Attorney Cherof, explained this was the first reading; the Commission does not need to do that at this particular time. The Commission can express points of view, but not take a vote. Mayor Grant asked what was being done now if homes were closer than 300 feet. Mr. Rumpf said that homes would be grandfathered in, but would be required to obtain FARR certified. The home would be able to continue operation. Commissioner McCray asked what about the group home or residences that are in operation now? What happens to the existing group homes? Mr. Rumpf advised the existing homes would be grandfathered. A certification process would be required for the older group homes. The older group homes will be given a year to comply. Vice Mayor Katz wanted to applaud staff. It was important to note that the potential for abuse, purely for the purpose of profit, was great. Mayor Grant opened to public comment. Sister Loraine Ryan, 912 SE 1 Street, related the distance is very close to each other. This home has been there for over a year. On the other side of the street there was another one. She asked if the owners of the property across the street purchased the duplex, could the home now become another Sober Home. She asked how the Police Department is using some type of surveillance. She said she observed one time, a man standing in the median and receiving a bag from a car. She wanted to know the element of surveillance? Mayor Grant asked about other types of certifications and inspection of the homes. Mr. Rumpf said that he was not the expert, but if the City wanted to inspect the home the occupants would need to leave. Motion Commissioner McCray moved to approve. Motion seconded by Commissioner Romelus Vote City Clerk, Judith A. Pyle called the roll Vote 4-0 (Commission Casello Absent) 18 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 B. Approve Conditional Use request for the stockpiling of landscape debris for recycling purpose, on the vacant parcel north of 301 SE 10th Avenue in the M-1 (Industrial) zoning district. Applicant: Joe Mignano, Mignano Tree Care. Attorney Cherof administered an oath to all those intending to testify. Christian Mignano, from Mignano Tree Care, indicated the business has been in Boynton Beach since 1976. He said that they have two locations in Boynton Beach and employ approximately 90 employees. At the end of day the lawn debris is bought back and dumped at the site. The pile was centralized on the property. Around the property there are areca palms to create a buffer and act as a- noise barrier as well. They also have a gate; the workers come inside to dump their load. The pile is turned daily. On the top of the pile is an irrigation hose to keep everything cool. Mayor Grant asked about the. current height limits. Mr. Mignano replied that they keep the piles less than 10 feet. The PVC shown in the picture was 10 feet and they keep the piles under the PVC marker. Vice Mayor Katz, went to the site and was given a tour. There was a complaint. He was very supportive of this area. This was a very good use of land which would not be used otherwise. Mayor Grant said that this was a green economy company. Motion Commissioner McCray offered a motion to approve. Seconded by Vice Mayor Katz Vote Unanimously passed C. Approve request for Master Plan Modification to the Boynton Village and Town Center development to amend the previous approvals for the vacant tracts within Boynton Village and Town Center from 643 condominiums, 350 apartments and 115 single-family homes to 668 apartments and 115 single-family homes, on 106.499 -acres located at the NE corner of Congress Avenue and Old Boynton Road. Applicant: Jeffrey Bartel, Berger Singerman LLP. (This request was withdrawn by the applicant to file a new application) D. Approve request to construct 318 apartments and related site improvements on SMU Parcel 3 of the Boynton Village and Town Center 19 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 master planned development, located on a 10.246 -acre vacant tract on the west side of Renaissance Commons Boulevard, immediately south of the Boynton (C-16) Canal, in the SMU (Suburban Mixed Use) zoning district. Applicant: Jeffrey Bartel, Berger Singerman LLP. (This request was withdrawn by the applicant to submit a new application.) E. Approve request for Master Site Plan Modification for Retail Building 1 of the Quantum Park and Village South Mixed Use Pod, including request for PID (Planned Industrial Development) district waiver to reduce the side setback along the west side of Retail Building 1 from 15 feet to 5 feet, on 14.27 acres located at 1080 Gateway Boulevard, in the PID (Planned Industrial Development) zoning district. Applicant: Dale Lyon, Olen Development Corp. Attorney Cherof administered an oath to all those intending to testify. John Lyon, representing Olen Properties and Olen Development Corporation, Director of Construction and Development for Florida, asked for a waiver to reduce the side setback from 15 feet to 5 feet, to increase the building footprint from 4000 to 4025 square feet. Mr. Lyon said that this was the last remaining property within this complex. This property can now be developed with confidence. Mr. Lyon said this space can be leased out to an upscale tenant. The pad was already in place, it was a super pad. This will be upscale dinning; a good portion of the restaurant will have outside dinning, with a covered patio. There are no tenants at the moment; they cannot begin negotiation until the variance is approved. Commissioner McCray inquired about the purpose of requesting a set back from 15 feet to 5 Feet. Mr. Lyon responded it was to increase the outside seating area. There was a portion of the patio and roof that would have been encroaching onto an existing easement. Commissioner McCray needed staff to ensure that there are no easement issues. Mr. Lyon said that initially there were two easements. They were negotiated about four years ago. The easements have been vacated and recorded. There are two new easements in place. He stated that there was nothing encroaching. Even the drainage does not drain into the lake to keep away from erosion. Ed Breese, Principal Planner, stated staff recommended approval. The PID (Planned Industrial Development) waiver that was requested does not have any impact. Mayor Grant was concerned that the property was adjacent to a body of water. Mr. Lyon indicated that the company sprays for mosquitoes. If there was anything else, that would be handled by the tenant. 20 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Commissioner Romelus asked if there were any safety barriers put in place. Mr. Lyon stated that currently there was a retaining wall; this property has been in place for a number of years. If there was a need for another barrier it can be addressed with the tenant. Mr. Breese asserted the applicant has agreed to the seven (7) conditions of approval. The Planning and Development Board recommends approval of the request. Mayor Grant opened to public comment. Susan Oyer, 140 SW 27th Way, thought this was a great idea. Motion Commissioner McCray moved to approve. Seconded by Commissioner Romelus. Vote Unanimously Passed F. PROPOSED ORDINANCE NO. 17-015 - FIRST READING - PUBLIC HEARING — Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 2, 3 and 4 to continue the implementation of the Community Redevelopment Plan with the establishment of the new Cultural District Overlay Zone regulating site development, uses, and urban design. Attorney Cherof read Proposed Ordinance No. 17-015, by title only on first reading. Amanda Bassiely, Senior Planner -Urban Designer, gave an overview on the New Cultural District Overlay zone. There are nine steps. Ms. Bassiely explained that the overlay sits over the zoning district. The City adopted the Boynton Beach Redevelopment District. The P-4 was the Priority Land Development Regulation Amendments. The project was along Ocean Avenue, runs along Seacrest to the FCC NE 1St street to South to SE 2 Avenue. The regulations are comprised of nine different sets. Ms. Bassiely explained one of the main difference between a zoning district and an overlay was that the zoning district can be used anywhere in the City. An overlay was tied to a specific location. She stated that this area will provide a mix of selected uses and activities to encourage the location of specialty retail, artist related uses and entertainment. This will also initiate implementation of CRA plan to ensure that redevelopment within this area, regardless of underlying zoning districts; will maintain 21 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 an appropriate development scale, improve overall livability. Ms. Bassiely noted that there are some prohibitive uses, such as car lots or big box stores. Mayor Grant noted the prohibited uses included colleges, seminary and University. He asked if the University of Boynton will not be in the Cultural zone. Ms. Bassiely indicated that was correct. There are a couple of education uses that are still available. She continued, the modified building standard houses most of the development regulations, such as, lot area, lot frontage, pedestrian zone, builds to lines, building frontage, scale/ heights, setbacks and public space. Ms. Bassiely highlighted two areas, which are the pedestrian zone and the scale and height. The pedestrian zone was comprised of three parts. The first being the street tree area, adjacent to a sidewalk which was adjacent to an active area. Not all three portions are required on all roads. Ms. Bassiely said the reason why this was implemented was because it promotes dining, outdoor merchandise. She said the second would be scale and height. The overlay does not dictate over all height requirements. This was still housed in the zoning district. What this does was to create a cap on street level on certain roads, fence regulations that would promote activity, and added some pedestrian signage. Ms. Bassiely advised they are proposing the coastal village architectural design. Vice Mayor Katz asked about the initial setbacks, does that allow for usable space on top, say if someone wanted to create outdoor dining. Ms. Bassiely replied that it does. Commissioner Romelus inquired if the City implemented anything regarding living walls within the structures. Ms. Bassiely responded not within the overlay. She said that discussion comes up many times when the art theme comes up. One of the other items that were in the implementation was to review the sustainable guidelines. Commissioner McCray asked about the architectural committee; what would be the function of the committee. Ms. Bassiely pointed out there was no other committee being created. Vice Mayor Katz commented that his intent with all the development downtown, there are objections from many residents; not only in height and density, as well as appearance. In lieu of what Commissioner McCray stated that in past years the Commission was given the opportunity to review color swatches to weigh in, that has fallen by the wayside. The committee will have citizen input. Mayor Grant asked regarding the color scheme, does the City have all the colors available that the City would approve. Ms. Bassiely replied the City does not have a color palette per se. When the applicant comes in through site plan approval, they are required to have color swatches and material boards. There are no actual set guidelines. 22 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Mr. Rumpf stated that the City architectural color standards in the City LDR are more of compatibility standards. The City does not have a mandated palette. Mayor Grant asked if the Commission could have the final color come through the board. Mr. Rumpf replied that was a requirement of the site plan review. The City requires a color sample. If applicant comes into office to change the color, this would be based on the major or minor changes. Mayor Grant said that with One Boynton this must have been a minor change. Mayor Grant asked if any new development in the cultural overlays or Boynton Beach come to the board. He asked if the issue with the color change considered major or minor. Mr.. Rumpf stated that this would be considered minor. Mayor Grant inquired if this was okay with the board. It would only concern the overlay district. Mayor Grant said that any new changes to the overlay would be brought to the board, not just a review by staff. Vice Mayor Katz said that it has become pretty clear that some of the colors are defiant for the district and the area. Ms. Bassiely said there was a theme. The City was not over regulating. Staff can review with more teeth. Commissioner Romelus understood there was nothing on the books regarding color review. Ms.Bassiely stated that there are two conversations; one was overall, the process. There has always been a color swatch and a material board for the site plan review. Second, there was a compatibility check for the overall area. The Cultural overlay would require a color scheme based on the theme Commissioner McCray remembered in the past the Commission was presented drawings of the building and the color. Then, the Commission voted on the color. Mayor Grant stated that the Commission requested that this should be continued. Ms. Bassiely reiterated that was a requirement and she would make sure those boards make it over to the Commission. Ms. Bassiely explained that the modified building site regulation covers the bulk of the regulations. The regulation has a height and scale regulation which was similar to maximum height was a factor of zoning districts. Overlay adds a cap of 45 feet on Boynton Beach Boulevard frontages. Additional height must be stepped back a minimum of 10 feet. She explained that there was not a set scheme for the building design. On the parking, screen off-street parking areas from abutting rights-of-way and locate buildings along front and side corner property lines. Adapted sign regulations limit placement and size of monuments. 23 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Mayor Grant asked for public comment. Cindy, De Falco, 316 NW 1 Ave, stated she lives in the Cultural district area presented. She understands that the City possibly considering taking down some of the house. The houses are adjacent to Boynton Beach Boulevard. She wanted to know what the plans for the area are. She said that it would be nice to keeping with the old world. Ms. De Falco said that this was an area that has a lot of historical homes. Ms. Bassiely said that this was an historical area. This area was highlighted as a potential historic district. This was for redevelopment purposes. No one would be kicked out of their homes. Susan Oyer, 140 SW 27 Way, realized the coastal village theme came up once about a year ago; she does not believe that. was what the residents wanted. The City of Boynton Beach has traditionally been a coastal town. She said she believes that it was appropriate near the marina, but not inland. It would not look in place at the children museum. Also, Ms. Oyer. wanted additional information about the Pedestrian. signs. Would the signs have a specific height limitation, something cute and quaint that gives the shops a nice atmosphere. Ms. Bassiely, remarked primarily Code only allows for the understory signs that hangs underneath the canopy. She said there are size requirement. Ms. Oyer said if this was going to be consistent throughout the City. Would individual signs by accepted. Ms. Bassiely clarified this was only for the overlay. Bonnie Miskel, on behalf of client land owners, advised she represented private developers as well as governmental agencies. She commended staff did a very good job. If the Commission would look at the map, very little conforms to the overlay. Her clients are trying to redevelop some parcels. More restrictions do not encourage more development. She said the 150 feet corridor was not flexible. Commissioner McCray asked in regards to NW 4th street, where the Dunkin Donut would be located. Ms. Miskel replied, if the client would move forward they would need to request a waiver. Commissioner McCray remarked the area looks terrible. He was in favor of something coming in to enhance the area. Ms. Miskel said they will become a non -conforming parcel. If there was a fire or storm, they would need to redevelop in accordance with the Code. Again, everything that was not in green, unless they combine parcels, will make it harder to develop. Vice Mayor Katz asked what the frontage Ms. Miskel was looking to accomplish. The walkability was being focused on. What would be a reasonable number? Ms. Miskel said there are many categories that are 50 feet. The other thing that was included was percentages; the City would require 75% for the building. It promotes a larger use. This would not promote the mom and pops shops. She advised the maximum was 100 feet. 24 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Ms. Bassiely pointed out in the plan the recommendations were mix use low to mix use high. The mix use districts range from 100 feet to 200 feet. the recommendation was mix use low. Mayor Grant asked if this range from the low to the high ends mix use zoning. Ms. Bassiely clarified it was100 feet to 200 feet. frontage. Ms. Miskel contended in the urban core; this was extending from the tracks west to 1 -95 to the lower intensity, it was not the urban core lot size in a more suburban town. This was not necessarily the best approach. Commissioner McCray questioned if this would -have any bearing on east Boynton Beach Boulevard. Ms. Miskel said nothing was going to be non -conforming. Ms. Bassiely said that if there was a disaster, the owner would be able to rebuild. It would not have any effect on what was on the ground at this time. Commissioner McCray reiterated that in regards the Dunkin Donuts, they would need to get a waiver. Ms. Bassiely stated they are already within the system. She said that anything the Commission feels would not detrimentally affect the intent of the overlay, a waiver can be requested. Mayor Grant stated that 150 feet was significant. What the City was trying to do was to create the corridor for mix use. He asked if the coastal village was a defined theme, would that include Mediterranean. Ms. Bassiely replied that coastal village theme was for the cultural district. It was only for the six blocks. Mayor Grant asked if the Coastal Village include Mediterranean. Ms. Bassiely said that the Coastal Village was a defined theme in the overlay district. Mayor Grant wanted to know if the engineering plans that were done by Kimley-Horn were in compliance with the new regulations. Ms. Bassiely stated the plan was from Seacrest east to Federal highway. A new plan was being redone. Commissioner McCray requested staff get with Ms. Miskel and work with her regarding NE 4th. He said that that corner looks terrible. He emphasized that corner looks terrible. He wanted to see something on the lot. Vice Mayor Katz asked if there has been any thought in scaling down those requirements as the mix use intensity lessens towards 1-95. This potentially might seem like a compromise where the farther you get away from the mix use high and the downtown transit area, it becomes more residential. Ms. Bassiely explained the plan recommends three different land uses. Staff can try and come with a scheme that relates to land uses. She said that this was done previously with some of the parking standards. 25 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Commissioner Romelus asked about Ocean Avenue and the lot frontages in the cultural overlay. Ms. Bassiely indicated that the frontage in the cultural district was 100 feet. The lot frontage and lot area has something to do with the lot footage and lot area has some correlation to do with parking. The City does have parking reduction within the cultural overlay district. Commissioner Romelus said based on what Ms. Miskel was saying, if the City was trying to encourage more of a coastal and little mom and pop shops on Ocean, this was where I would expect to see smaller lot frontage. From what she understands the City was trying to emulate more along the lines of Gateway Boulevard, PGA Boulevard and those types of corridors.. Ms. Bassiely noted when looking at Gateway the lots frontage was- really wide. Commissioner Romelus asked if Ms. Bassiely had the numbers. Ms. Bassiely replied the frontage was at least 200 feet. The designs make it appear smaller. Commissioner McCray asked about mixed use on Boynton Beach Boulevard, would the City need to purchase land in order to complete the project. Mayor Grant stated seeing on one else coming forward, public comment was closed. Motion Commissioner McCray asks for a motion to approve. Vote Ms. Pyle City Clerk, called the roll. Vote 4-0 (Commissioner Casello absent) G. PROPOSED ORDINANCE NO. 17- 016 - FIRST READING - PUBLIC HEARING — Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 2 and 3 to continue the implementation of the Community Redevelopment Plan with the establishment of the new Boynton Beach Boulevard Overlay Zone regulating site development standards, uses, and .urban design. Attorney Cherof read Proposed Ordinance 17-016 by title only on first reading. Motion Vice Mayor Katz moved to approve. Seconded by Commissioner Romelus Vote Ms. Pyle City Clerk, called the roll. PT -1 Meeting Minutes City Commission Boynton Beach, FI Vote 3-1 (Commissioner McCray dissenting and Commissioner Casello absent) 10. CITY MANAGER'S REPORT June 20, 2017 A. The Town of Hypoluxo Council approved a potential expansion of the current interlocal agreement between the Town and the City to provide water service to approximately 500 customers currently receiving water from the Town of Manalapan. As an update to the City Commission, staff will work with the Town to develop the revised language for review and consideration by the City Commission. Mr. Colin Groff, Assistant City Manager, said he wanted to bring the Commission up to date on the negotiation with the town of Manalapan and the Town of Hypoluxo about their water and sewer services. The Town of Manalapan was given a proposal; the Town of Manalapan decided to go on their own. The Town of Hypoluxo was in our service area, with an exception of about 500 customers that they receive water from Manalapan. The City will be negotiating a revision to the interlocal agreement. Commissioner McCray mentioned the agreement would expire in 2020. Mr. Groff said they have a two year period in which they must begin the negotiations. Commissioner McCray asked for the monetary guesstimate. Mr. Groff stressed that whenever there are acquisitions the present customers will not see an increase in their rates. Those numbers are not available at this time. The City will acquire only 500 additional customers. 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Commissioner Romelus requests approval for $1,000 dollars of her Community Support Funds to be donated to the Women's Circle's Building Fund for the new facility and expanded programs. Motion Commissioner McCray moved to approve. Seconded by Commissioner Romelus. Sister Loraine explained that the Women's Circle was in the process of expanding; they are presently located on the south side of the building that was 1200 square feet. She said they are planning to move into the west side. They would have over 4000 square feet. She was very impressed with celebrating eight new U.S. citizens. She assists low income women and helps them get jobs. Also help them prepare for the U.S. citizenship examination. Commissioner Romelus came, and stood there as a very professional 27 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 and competent woman and told the women that they could be anything. She wanted to thank her for coming. Vote Unanimously passed B. Approve changing the date of the first meeting in September from Tuesday, September 5, 2017 at 6:30 pm to Thursday, September 7, 2017 at 6:30 pm to have First Public Budget Hearing on Proposed FY 17/18 Budget in accordance with the Truth in Millage (TRIM) calendar. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote Unanimously passed C. Discuss and decide the signing authority for the periods of time that both the Mayor and Vice Mayor are not available. Motion to allow Commissioner Romelus to sign any documents in the absence of the Mayor and Vice Mayor. Motion Commissioner McCray moved to approve. Seconded by Vice Mayor Katz. Vote Unanimously passed D. Discussion on removal of advisory board member for absences and procedure to fill any vacancy. Commissioner McCray said this was something that was already in place. If a member missed a certain amount of meetings the person was taking off of the board. Then the member position was replaced. Ms. Pyle said that that was the attendance policy. However the resolution that was attached to the agenda states that when the CRAAB (Community Redevelopment 28 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Agency Advisory Board) was created, the only way a member could be removed would be by vote of the Commission. Commissioner McCray stated that the Commission needs to establish a policy that if a member misses 3 meetings the Commission can vote them off of the board. Mayor Grant said that he was reading the County resolution; it said if they miss 3 consecutive meeting or more than 50% of yearly meetings. He asked if that was okay with the board. He explained that the member would be automatically taken off of the board. Mayor Grant asked if it could be done universally for all boards. Attorney Cherof, said yes, there would be one rule for all. Vice Mayor Katz noted that the Commission was reducing all other boards from 4 to 3 absences. Mayor Grant suggested consecutive absences or more than 50% of yearly meetings. He would suggest that this would be done in a calendar year beginning in January. Commissioner McCray said that there was already a policy in place. Requested that Ms. Pyle provide an update to the Commission. Ms. Pyle said that the policy does not indicate 3 consecutive days missed. The policy states 3 meeting that are missed, and then the 4th meeting they are taken off the board. Mayor Grant said the 4th meeting they are removed. Commissioner Romelus pointed out the members are to be removed by the Commissions discretion. This was why this was before the Commission. Ms. Pyle reiterated this was coming before the Commission because this was different from the other boards. The resolution for the CRAAB states that members can only be removed by the Commission. Vice Mayor Katz said he had no problem with modifying this policy. Mayor Grant said that whatever the Commission votes on tonight, that was what the new policy will be. Whether it was consecutive or the 50% that is fine. Then the City will need a motion to remove Ms. Paula Meilley, from the CRAAB. Vice Mayor Katz said that if we reduce it to 3, just to take note that the policy says 4 absences. 29 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Commissioner Romelus said that the policy said 3 absences than if they miss a 4th then they are off. Ms. Pyle said there are 3 absences then they are sent a letter, and then if they miss a 4th, the member will be terminated from the board. Commissioner Romelus asked if there was communication with this board member. Ms. Pyle stated the member was sent a letter. Mayor Grant opened to public comment David Katz, 67 Midwood Lane, noticed that one applicant did not live in the City. He spoke with the City Clerk, and she stated if an applicant has a business in the City, then they are able to sit on a board. He did not feel the person should be on the quasi-judicial board. Commissioner Romelus said that this decision has nothing to do with the resident comment. She said that here are rules and regulations that should be respected. Mayor Grant said the Commission will continue the policy except that it will apply to all board including the CRAAB. They will be sent a letter after the 3rd absence. Ms. Pyle stated that she does try to make contact. If a member was removed from the board, the member cannot serve on another board for 3 years. Commissioner Romelus said that the language needed to be added to the CRAAB resolution. Motion Mayor Grant requested a motion to terminate, to remove Ms. Paula Meilley, Commissioner McCray seconded the motion. Vice Unanimously passed 13. LEGAL A. PROPOSED ORDINANCE NO. 17-017 - FIRST READING - Approve the abandonment of an existing 12 feet. utility easement within the former Verzaal (landscape) Nursery Parcel located on Flavor Pict Road west of Military Trail. Attorney Cherof read Proposed Ordinance No. 17-017, by title only on first reading. 30 Meeting Minutes City Commission Boynton Beach, FI Mayor Grant opened to public comment Motion June 20, 2017 Commissioner Romelus moved to approve. Seconded by Commissioner McCray Vote City Clerk, Judith A. Pyle called the roll Vote 4-0 (Commissioner Casello absent) B. PROPOSED ORDINANCE NO. 17-018 - FIRST READING - Approve the abandonment of existing utility easement rights within a Residential Access Roadway - Tract R-5, within the Flavor Pict Townhomes Plat as recorded in Plat Book 121 Pages 193 - 201. Attorney Cherof read Proposed Ordinance No. 17-018, by title only on first reading. Commissioner McCray asked if this was a utility easement. Colin Groff, Assistant City Manager said the easement was no longer needed that was why it was being abandoned. Mayor Grant opened to public comment Motion Commissioner McCray moved to approve. Seconded by Commissioner Romelus Vote City Clerk, Judith A. Pyle called the roll Vote 4-0 (Commissioner Case/lo absent) 14. FUTURE AGENDA ITEMS A. Monthly Departmental Presentations: ITS - July, 2017 Public Works - August, 2017 B. Medical Cannabis Dispensary (CDRV 17-003) — Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II, Definitions, to add definitions that regulate the Medical Cannabis Dispensary Industry, and Chapter 3, Article IV, Use Regulations, Section 3.D, Use Matrix, Table 3-28 and Matrix Note #104 Medical Cannabis 31 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Dispensary to add the provisions and standards that regulate the Medical Cannabis Dispensary Industry. Applicant: City -initiated. 7/18/17 C. Discussion relating to the future of the Building Board of Adjustment and Appeals - TBD E. Draft workforce housing ordinance - August 2017 F. Discuss non profit containers company, possibly of moving into Boynton Beach FLSC LLC( Florida Textile Recycling Programs) G. Parcel located east of Leisure Ville, H. Parcel of land behind Chapel Hill, a strip of land know as Girl Scout Park. I. Traveling Sauna 15. ADJOURNMENT Motion Commissioner McCray made a motion to adjourn. Seconded by Commissioner Romelus Vote Unanimously passed (Continued on next page) 32 Meeting Minutes City Commission Boynton Beach, FI ATTEST U-IgE�� gLI Jud' A. Pyle, CMC Cit Clerk ueenester Nieves, Deputy City Clerk 33 June 20, 2017 R V146A OWNER OnNIANNA" F" WAP �QiWAOMI%- %-�w •-2 '-Ju mmis Commissi6n.er - Christina Romelus CorNmissioner - Joe Casello DEVELOPMENT 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 10th 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:1Planning\SHAREDIWPIPROJEC7S1Mignano Tree Care1COUS 17-001:DOdoc Conditions of Approval Project Name: Mignano Tree Care File number: COUS 17-001 I DEPARTMENTS i INCLUDE i REJECT ENGINEERING / 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 i y S:1P'anning\SHARE DIWPIPROJECTS1Mignano Tree Care1COUS 17-0011C�A post P&D.doc i o' 'YJGiyCN. .v ', 3carr I E- Iv. tti�� �J y LOT i is 3 ! 7 .. Li _ Z a 1 o4.17' FLAT <:e J I� « �LOT � -LOCK E ^Y w Crf , MMM y LK i Ad V i �'r13 d sN tJNi F saCZ a I X. I x tai CX. i9 " "_T ' X �--- tr N; .. :: ✓ tL Fp' ��� i i 1C Of LOT ;titJzcrto j(J i�ic: � ` r t�1 0?� �f ,3 CO,eQ ,1 sit>Y � G � E, K/W OF' r,. ,C. RFS `" j i CeC} Ir�tt`Lir�7�L` rV'1 — �1° •�' j�'n1 11 �;dfi 1t�2� a i `�� , ti a iJ��.p,iH LIN4, Lai M!, �10 }(dUNJ 140D F°1 ,"' � SO .. o' 'YJGiyCN. .v ', 3carr I E- Iv. tti�� �J y LOT i is 3 ! 7 .. Li _ Z a 1 o4.17' FLAT <:e J I� « �LOT � -LOCK E ^Y w Crf , MMM y LK i Ad V i �'r13 d sN tJNi F saCZ a I X. I x tai CX. i9 " "_T ' X �--- tr N; .. :: ✓ tL Fp' ��� i i 1C ���y��1���T �� u_^�, m��/ v �� 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 tothe 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�orksper requi/emonCCity ofBoynton 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 hu71|r!in7, parking N Dustcontrol 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-nagenurimglocation ofvv-Arec 5. Screening, buffering and landscaping with reference to type, dimensions, and character. 6ftch-in|inkhence with vvinAscreenvvesi.-snuthprope�y 6ftwood fzncenorth- e�stproperiywith 5fYormci,pdnnsbuff(-r. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. 7. Requioadoeibacksand other open spaces. ;Ieq�|redseilh;ckonfSDftoneast-northproperty'Vondurres�ldi2nJai25ftsct back bnrderr:�i|roadand west storage yard. B. General compatibility with adjacent properties, and other property in the zoning district. M-1--un|ngc5rnPotiL'v*x/th 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 ;t chcin lir,' fens(-. nth vjindscr,ven, 6 ft v>jjod fence 6 it Arec j Palms to bu jai. any SYS-": rYt cov-rs �J:? CCi;lrlri' pile,'v''A,rs arid:, palmi iinrd2c, Z:! i sow`s, :)-uperty for dust S:-,rkrice moi7ltc 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 /,, - 12TH l,VEtJ J:, S'i'_ e'7, BOVfV'_CIt'F3EA0+, ''LOi.IbA ?4.35 oFFr- (561) 73', r..;: (:; A ) Vlignano Tree Care Vegetation Holding Area Procedures, Requirements, Standards To The City of Boynton Beach, PROPERTY LOCATED AT 301 SE 10TH 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 STATE OP FV0`PZ,L) . DEPARTi,4IEINIT OF �tE +r. TFt oNd VWaste 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 Original Customer: Mignano Tree Care, Inc. (NON -TRANSFERABLE) <Tz:�TE OF FLORIDA ]EPARTR JIENT OF HEALTH 'Upe['etif ,J Perni-sh. Solid Waste 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 ,50-63-,160149E 50 -BID -330897 County: Palm Beach Amount Paid: $125.00 Date Paid: 12/02/2016 Issued Date: 01/01/2017 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 50-63-160149:8 50 -BID -3308972 County: Palm Beach Amount Paid: $125.00 Date Paid: 12/02/2016 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 MoralesJA 0`o, 97 "'k R �'"+3�ii �x A,\ ` ( �t r ��ih �I ire I�i<@ 11 pi P 01, ��Y, "M d,Q I w6y q GF� _' r i �ijt�,r r! jS& irFjIti Wit", fM PQ U A, 10 4 - LIP, 0 t� 1.3, L h T d 1%ve�9 yw eftatil'.0n e coilifi, 011, 11ii-clition getalt"I"On ai d u�,,i ce s a pos Thiat con Ahcrro :r- Prfild h4acrct) Nut 111�111 L .11 cl, 3786 14VV 12,4101 Aire � lural Springs, F1 330,55 Techn.olop Je7, inc. PhOrle 954-34-5,857-7 Email SUNSHINE STATE COOPERZATME 100% Vegetative Biomass supplied by the Sunshine State Biomass Cooperative Prein;urn C, EzvUrbrient afb-tatp I certify the attached is,a. true anal. correct copy of the Amended and Restated n TE 41--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 jSrrrrfxrV of $fafr Pahokee Composting Operation Flow Chart tom,; d k ._ `. 4 '� ., i. x � � .� Y �. �� ('4 ..,t { �/i ,._ �� 4 F ✓ i � v '; w k � � .' • s f '... .. ., �� A f :... -' .. .. - .. �� t. _, t - y a ,,, -. _� , �__ t _ _ :. PLANNING ANO ZONING DIVISION MEMORANDUM NO. PZ 17-0'17 STAf'FE'Poi "' TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DA -E: 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`h 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 -acre 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`h 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 2n� 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 15th 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 10th Avenue, through the 301 SE 10t� 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 stockpiling /Exhi"i+ "B"` Twr%icu!INi there is one employee who turns the material debris stockpiling i iy \' /• Y N 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 "CIT 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:1P!anning\SHAREDIWPIPROJECTS1Mignano Tree Care1COUS 17-C011Staff Report.doc :�-..1".._ _ __ � _ _ —_ 1 - _ _ / �.�.� - � - '-. — - `i d... ' •,�a�,'w_' Tye' g.. . � - 1 c TALLAHASSEE OFFICE "•� fli. The Capitol T17- 2t21 IT 402 South Monroe St. a I'aIlahassec, FL 32399 ! 850-717-5090 DEMOCRAVI'IC _ FLOOR LEADER DISTRICT 90 OFFICE 1 "_ COMMITTEES _ Rules and Policy (Ranking Member) 2300 Itigh Ridge Road Health and Human Services Suite 161 �,. Appropriations Boynton Beach, FL I Commerce " • I'' '"+ �" .�I SUB -COMMITTEES Energy and Utilities (Ranking blcmber) ;61-3 561-3 74-78, _ 0 June 2017 — Monthly Update Throughout this month, I had the privilege of delivering legislative updates, from COBWRA, to the municipalities I represent, to the League of Women Voters, and more in between. It is important that everyone is informed about legislative actions in Tallahassee as they affect our lives. I would be happy to speak to your group to keep you advised. It is truly my honor to represent and inform you of these matters. Speaking at Brookdale North Assisted Living Facility was also a highlight as they dedicated the "Veteran's Wall" to veterans serving in a multitude of wars and in various service capacities. It was heartwarming to see the Greatest Generation be recognized for their contributions to our freedom. It was also a privilege to attend the Memorial Day Ceremony at the Veteran's Cemetery in Lake Worth. Dedication of the Veteran's f, , Wall (left) and speaking at nn r 1 the FDLE/Security Updates a, i� event (right) :a �� Qfrti .1 6/20/2017 ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES 3. Existing and/or planned single-family homes shall conform to the R -I district requirements. Duplex homes shall conform to the R-2 district requirements. 4. Where orientation of adjacent lots on both street frontages provides typical front yard setbacks, the comer lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a corner lot, no rear yard back setback shall be required, only side yard setbacks shall be imposed. 5. Minimum required perimeter setbacks ofan IPUD or PUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single-family zoning, required perimeter setbacks shall resemble the setbacks ofthe adjacent development based upon the orientation ofstrtctures with said development. Also, perimeter buildings shall have an increased setback ofone (1) additional foot for every foot ofbuilding height in excess ofthirty (30) feet. Project design along abutting roadway(s), including setbacks, shall be based on existing development patterns or applicable reconunendation from the respective development plan. 6. A floor area ratio (FAR) may be considered for non-residential uses allowed within this zoning district (see "Use Matrix"- Chapter 3, Article IV. Section 3.), and pursuant to the applicable future land use classification ofthe Comprehensive Plan. 7. Not to exceed two (2) stories. 8. Not to exceed four (4) stories. See Note 95 for additional setback requirements relative to building height. 9. A lesser building height may be required for compatibility with adjacent development. See Note r5 for additional setback requirements relative to building height. 10. Individual lots within an IPUD or PUD development contain flexible standards relative to minimum required lot frontage and lot area for each unit. 11. The minimum lot area shall be seven thousand, five hundred (7,500) square feet and the minimum side yard shall be seven and one-half(7-1/2) feet for properties developed and/or platted prior to June 13, 1975. 12. A total oftwo hundred (200) square feet ofusable open space shall be required for each dwelling unit (also see Chapter4, Article Ili. Section 8.). 13. The maximum allowable density is determined by the applicable future land use classification ofthc Comprehensive Plan. 14. Perimeter building setbacks ofthe mobile hone park district shall mirror the building setbacks ofadjacent zoning district(s). but with a minimum ofthc setback required fora single- family residence. 15. Multi -family dwellings and group homes require four thousand (4,000) square feet. All other uses allowed in R-3 require twenty thousand (20,000) square feet. C. Non -Residential Building and Site Regulations (Table 3-2). NON-RESIDENTIAL C-1 C-2 C-3 C4 C^BD PCD M-1 PID REC PU Density (dwelling units per acre): N/A N/A I I NIA II Flexible 17 N/A Flcxiblc15 NIA N/A Project Area, Minimum (acres) N/A N/A N/A NIA N/A 314 N/A 2514 N/A N/A Lot Area per unit, Minimum (square feet): 9,000 5,000 15.000 5.000 15.000 Ficxiblc 10,000 Flexible 43.560 8,000 Lot Frontage, Minimum: 75 5U 75 5o 75 Flexible 0 Ficxiblc 100 75 Lot Depth, Minimum: 120 100 N/A 100 100 NIA N/A N/A N/A N/A Lot Coverage, Maximum: 4040 40% 40% 40% 75%18 40%13 60% 60°/,16 N/A N/A Fluor -Arca -Ratio (FAR), Maximum 0.40 0.50 0.50 U.50 N/A 0.50 0.5U 0.50 N/A N/A Structure Sleight, Maximum (feet): 3011 259 4510 4510 4510.12 4510 4510 4510,19 4510 4510 Building Setbacks, Minimum (feet)71: Front 30 30 20 25 0 40 15 30 25 2520 Rear 20 20 202 H05 206 40 203 30 25 2520 Interior side IU 15 01 155 0 30 154 20 25 1520 Corner side 10 20 20 155 87 30 15 30 25 1520 Building Setbacks, Minimum if abutting a residential district (feet)21: Rear 30 30 30 30 N/A WA 30 N/A N/A 30 Interior side 30 30 30 30 N/A N/A 30 NIA N/A 30 Corner side 30 30 30 30 N/A NIA N/A N/A N/A N/A Watcrl}ont yard N/A N/A N/A N/A 88 NIA NIA N/A NIA N/A 1. Where rear access is not available from a public street oralley, aside yard of not less than fifteen (15) feet shall be provided on one (1) side. 2. Where rear yard access is available from a public street or alley, rear yard maybe decreased by one-half (I/2) the width of such street or alley, but in no case shall a rear yard be less than ten (10) feet. 3. Where rear yard abuts a railroad right-of-way or any paved alley, the rear yard may be reduced to ten (10) feet. 4. Where rear yard abuts a paved alley or street, then no side setback shall be required. 5. Where rear property line abuts a public street or alley, rear yard setback maybe reduced to ten (10) feet and no side yard shall be required, except on comer lots. 6. Where rear property line abuts a public street or alley, rear yard setback maybe reduced to eight (8) feet at first floor level, in which case, no setback shall be required at all other floor levels. 7. Eight (8) feet is required at first floor level. No setback shall be required at all other floor levels. httpJ/library.amlegal.com/nxt/gateway.diI/Florida/boyntonlboyntonbeachfloridacodeofordinances?.Ptemplates$fn=default.htm$3.0$vid=am legal boyntonbeach fl 2/33 N/A is"Not Applicable" ^ Side lot lines facing streets are regulated byfront setback requirements. Side lot lines along alleys are regu|�edbymara�baoko. ~A|| light and air shafts shall beprovided within the lot. See Section 4.4.13(D)(1)(b)(2). ` See Incentive Program inQeodon4.4.13(H)forpn0ando|denodyinomooaepuruuanttucertain|ocodonond Dimensional Requirements by CBD Sub -district Central Core Railroad Beach West Atlantic Corridor Neighborhood Lot Area 2000 sf. min. 2000 sf. min. 2000 sf. min. 2000 sf. min. A Front Setback' 10 ft. min./ I Oft. min./ 10 ft. min./ 10 ft. min./ B Side Setback' 0 ft. min. 0 ft. min . 0 ft. min. 0 ft. min. C Rear Setback 1 Oft. min. I Oft. min. 10 ft. min. 10 ft. min. B C Side Setback Abutting Res. District; I 't to 3rd Story 10 ft. min. I Oft. min. 10 ft. min. 10 ft. min.. B C Side/Rear Setback Abutting Res. District Above 3 d Story 30 ft. min. 30 ft. min. 30 ft. min. 30 ft. min. Front Setbacks Above 3 rd D 20 ft. min. 20 ft. min. 20 ft. min. 20 ft. min. Building Frontage Required 75% min./ N/A 75% min./ 75% min on Primary Streets 100% max. 100% max. 100% max. Bd Min. Building Height on Primary 1 Story & 18 Streets ft. 1 Story I Story & 18 ft. I Story Max. Building Height i� Atlantic 3 Stories & Avenue Limited Height Area 38 ft. N/A N/A N/A Max. Height outside of the Atlantic 4 Stories & 4 Stories & 4 Stories & 4 Stories & Avenue Limited Height Area 54 ft. 54 ft. 54 ft. 54 ft. 47 Density 30 du/ac 30 du/ac 12 du/ac 12 du/aC3 Sites smaller than 20,000 sq.ft. 0% 0% 0% 000 Sites Between 20,000 and 5% of area 5% of area 5% of area 5% of area 40,000 sq. ft. above 20,000 above 20,000 above 20,000 above 20,000 5% of area 5% of area 5% of area 5% of area Sites Greater than 40,000 sq. ft. above 20,000 above 20,000 above 20,000 above 20,000 + above 40,000 above 40,000 above 40,000 above 40,000 N/A is"Not Applicable" ^ Side lot lines facing streets are regulated byfront setback requirements. Side lot lines along alleys are regu|�edbymara�baoko. ~A|| light and air shafts shall beprovided within the lot. See Section 4.4.13(D)(1)(b)(2). ` See Incentive Program inQeodon4.4.13(H)forpn0ando|denodyinomooaepuruuanttucertain|ocodonond N/A is"Not Applicable" , Side lot lines facing streets are regulated byfront setback requirements. Side lot lines along alleys are regulated byrear setbacks. xAll light and air shafts shall boprovided within the lot. See Section 4.4.18(D)(1)(b)(2). » See Incentive Program inSecdon4.4.13(H)forpotonda|denodyincreaoespureuonttucertain|onaUonond performance criteria. Dimensional Requirements by CBD Sub -district Central Core Railroad Beach West Atlantic Corridor Neighborhood Lot Area 2000 sf. min. 2000 sf. min. 2000 sf. min. 2000 sf. min. A Front Setback' 1 Oft. min./ 1 Oft. min./ 10 ft. min./ 10 ft. min./ B Side Setback' 0 ft. min. Oft. min. 0 ft. min. 0 ft. min. C Rear Setback 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. B C Side Setback Abutting Res. District; I st to 3rd Story 10 ft. min. 10 ft. min. 1 Oft. min. 10 ft. min. B C Side/Rear Setback Abutting Res. District Above 3rd Story 30 ft. min. 30 ft. min. 30 ft. min. 30 ft. min. D Front Setbacks Above 3 rd 20 ft. min. 20 ft. min. 20 ft. min. 20 ft. min. E Building Frontage Required 75% min./ NIA 75% min./ 75% min on Primary Streets 100% max. 100% max. 100% max., 43 Min. Building Height on. Primary I Story & 18 Streets ft. 1 Story 1 Story & 18 ft. I Story Max. Building Height in Atlantic 3 Stories & N/A N/A N/A Avenue Limited Height Area 38 ft. Max. Height outside of the Atlantic 4 Stories & 4 Stories & 4 Stories & 4 Stories & Avenue Limited Height Area 54 ft. 54 ft. 54 ft. 54 ft. Density 30 du/ac 30 du/ac 12 du/ac 12 du/aC3 Sites Between 20,000 and 5% of area 5% of area 5% of area 5% of area 40,000 sq. ft. above 20,000 above 20,000 above 20,000 above 20,0001 5% of area 5% of area 5% of area 5% of area Sites Greater than 40, 000 sq. ft. above 20,000 above 20,000 above 20,000 above 20,000 + above 40,000 above 40,000 above 40,000 above 40,000 N/A is"Not Applicable" , Side lot lines facing streets are regulated byfront setback requirements. Side lot lines along alleys are regulated byrear setbacks. xAll light and air shafts shall boprovided within the lot. See Section 4.4.18(D)(1)(b)(2). » See Incentive Program inSecdon4.4.13(H)forpotonda|denodyincreaoespureuonttucertain|onaUonond performance criteria. CULTURAL DISTRICT OVERLAY ZONE BOYNTON BEACH Blvd. OVERLAY ZONE CODE REVIEW CDRV 17-00182 CDRV 17-002 Table 8 and Phq L. —.— Sle Resp—lb Fud!M iRpMR ID N— D I. P Sosrrce S— P AW- 'a uaw Use uw Cmnp a Eknenl m er'ekrner2 Ce Pelme lad the P-1 CRY Ch Pia update cimafioatlonsawwelecmmnvaledp•tta CRA Updm PLn - lend Res+ L d DavePoprrcrlReglesana a -d pmrmxe P-2 Devabprtm reomnmatalvnamttame wrcn!emywan pe CRA --ulvcRA• CRA R Pudt Plan A-4-0 m ___ LSN IrtpkTHArcComnl tlpbmrl padUON bieR IDR'e _ mlee ere Wt>rtm oldre appfcahtc Review of Height Exception Dstrxa Ttp process n�e ilCkde f� agrL Adoption of R=4 Zoning District priority Land Ado bon of MU4 Zoning District Adoption / revision of Ocean Ave. Overlay P-4 Development Staff StafffC Adoption of the Boynton Beach Blvd Overlay Regulations Adoption / revisions of Sustainable Development Amendments regulations Review of Residential Compatbildy standards Ctyawaled FLU EzaaateRUanedntrmfad ttIDd;yS lmues P�8 ab Zoring tm K ty S" deM�ed to Ee a prmrh (orre,•tevnopmee Ch Ch Crede ad adaq • Certlpkte S— prow" ItW P-7 Carak1n 51rMs wi prosMeraaewh ed pedeYnM mee &-91 SUIGCRA CRA fm r2lrae1nCM19 malarroaCaaysraM the CRA Coductesardy oranenl mf IwepeAap .00CRA P�B MOM Parkvq Study srtlet lOm4rme mesa a/En CRA�fitlatl meta rmvlmrindalobetallw and wtnebatab pdEe CRA' LRA 4: mshaed S1eKsNrev'awmN@cbrd strin ad make p. NtltlKbed Slytc Revrew rcconnesddnrerepmsNq Arohteetmd oudelree Itiffi rn91'mM SratKRA CRA 67 'C«auLN rrwYbe Iced W CRAto carpkleells task BOYNTON BEACH Community mlee ere Wt>rtm oldre appfcahtc Dstrxa Ttp process n�e ilCkde f� agrL Redevelopment PlanBw Cultural District Overlay Zone CDRV 17-001 58 6/20/2017 CULTURAL DISTRICT OVERLAY ZONE BOUNDARY Regulations are geographically .. NE 7st.Ave. 1 specific to the vision and goals of 2. Defined area Zi` 3. Conflict -- you . 4. Uses Overlay regulations are in addition to other code requirements and 5. Modified building/site when in conflict take precedence. regulations Conf I i ctUm :_ i 4. 7. Building design 8. Parking Modified building/siteWr —1— - -= � ..-•---.__.. ._--.-----:.._�y,-:nom-�r— , 4 Lighting Standards. 61 Contents Contents 1. Purpose & intent 2. Defined area 3. Conflict 4. Uses 5. Modified building/site regulations 6. Accessory structures 7. Building design 8. Parking 9. Signage and Exterior Lighting Standards. a. Provide for a mix of selected uses and activities b. Encourage the location of specialty retail, artist related uses and entertainment establishments c. Initiate implementation of CRA d. pride in the City's architectural, historical, and cultural heritage; e. Ensure that redevelopment within this area, regardless of underlying zoning district, will maintain an appropriate development scale f. Improve overall livability 60 Contents Regulations are geographically 1 . Purpose & intent specific to the vision and goals of 2. Defined area the cultural district. 3. Conflict Cultural district. 4. Uses Overlay regulations are in addition to other code requirements and 5. Modified building/site when in conflict take precedence. regulations Conf I i ctUm 6. Accessory structures 4. 7. Building design 8. Parking Modified building/siteWr 9. Signage and Exterior Lighting Standards. 61 Contents 1. Purpose & intent 2. Defined area 3. Conflict 4. Uses 5. Modified building/site regulations 6. Accessory structures 7. Building design 8. Parking 9. Signage and Exterior Lighting Standards. a. Provide for a mix of selected uses and activities b. Encourage the location of specialty retail, artist related uses and entertainment establishments c. Initiate implementation of CRA d. pride in the City's architectural, historical, and cultural heritage; e. Ensure that redevelopment within this area, regardless of underlying zoning district, will maintain an appropriate development scale f. Improve overall livability 60 Contents Prohibits uses that are not clearly in line with the specific vision of the Cultural district. 1. Purpose & intent 2. Defined area 3. Conf I i ctUm 4. Uses 5. Modified building/siteWr regulations 6. Accessory structures 7. Building design 8. Parking 9. Signage and Exterior, Lighting Standards. "' 6/20/2017 PAI e Contents 1. Purpose & intent adds a cap of 35' on Ocean Ave & SE 2nd Ave 2. Defined area frontaqes. Lot area 3. Conf I i ct Lot frontage 4. Uses Pedestrian Zone 5. Modified bu i I d i ng/site Build to lines consistent regulations Building frontage 6. Accessory structures Scale/Heights 7. Building design Setbacks 8. Parking Public space 9. Signage and Exterior along Ocean & Lighting Standards. SE 2nd Ave.9: 63 Pedestrian Zone Scale / Heights Pe ane »F: -•°ryy adds a cap of 35' on Ocean Ave & SE 2nd Ave frontaqes. Maximum height consistent or ng District 35'Maximum along Ocean & SE 2nd Ave.9: 66 2.5'8' Sidewalk 8' Active Area 186 t 64 Scale / Heights Max height is a fact r of zoningdis ricts. Overla adds a cap of 35' on Ocean Ave & SE 2nd Ave frontaqes. Maximum height consistent or ng District 35'Maximum along Ocean & SE 2nd Ave.9: 66 6/20/2017- KI /20/2017 KI Contents 1. Purpose & intent 2. Defined area 3. Conf I i ct 4. Uses 5. Modified building/site regulations Adapted Fence regulations that promote pedestrian activity. 6. Accessory structures 7. Building design Adapted sign regulations that 8. Parking promote the pedestrian scale. 9. Signage and Exterior Prohibits: Freestanding signs, roof Lighting Standards. mounted signs, any signs above 35 feet, animated, or moving signs -6L Contents 1. Purpose & intent 2. Defined area 3. Conflict 4. Uses 5. Modified building/site regulations 6. Accessory structures 7. Building design 8. Parking 9. Signage and Exterior Lighting Standards. Coastal Ville Architecture Derived from Key West Vernacular and Bungalow styles Components: hip and/or gable roof, rectilinear forms with stepbacks, porches, and building articulation 6/20/2017 0 Coastal Village Architecture Abacoa Jupiter, FL 71 Street Hierarchy Full Pedmnan Zonc 1 S Maximum Glazing F ' ` c'r . _ t ,•; Building stepbacks (C6nnecCOe,!Zf gtS--WE1sZ'AL Suint Trees & Sidewalks (No naare ive a) (NGstepback5) __... _, ',� i�. ��, — a: Maximum Glazing 6ack"ofHtiuse""-- StreetTreos&Side tks (No building stepbaela) it"ecide`ntrm`r�wff t+5t71 L... ;T: � 1 I , i��E' 4 i Sum Traes&Sidewalks Some G.umg Building stepbacks ;k t N I { j ` Contents 1. Purpose & intent 2. Defined area Already Existing: 3. Conflict Screen off-street parking areas from 4. Uses abutting rights-of-way and locate 5. Modified building/site buildings along front and side regulations corner property lines. 6. Accessory structures 7. Building design Required spaces may be reduced 8. Parking by up to fifty percent (50%) for new 9. Signage and Exterior developments (excluding Lighting Standards. residential projects). Boynton Beach Boulevard Overlay Zone C D RV 17-002 72 74 6/20/2017 5 BOYNTON BEACH BLVD OVERLAY ZONE BOUNDARY Contents r= specific to the vision and goals of the cultural district. 1. Purpose & intent m m__ , _^ �'i'• - `NE Sid Av _ 2. Defined area Overlay regulations are in addition 3. Conflict rr NW lit Ave .-_-_NE 1st 4.Uses . :Il l 5. Modified building/site Prohibits uses that are not clearly in _I _'t•q . _' 77 Boynton Beach Blvd. District. 6. Accessory structures _-Yi I 'I:_•l F F-;! it An 7. Building design Screening and placements of drive - 8. Parking throughs 9. Signage and Exterior Adapted Fence regulations that Lighting Standards, promote pedestrian activity. 77 w - Regulations are geographically Contents specific to the vision and goals of the cultural district. 1. Purpose & intent 2. Defined area Overlay regulations are in addition 3. Conflict to other code requirements and 4.Uses . when in conflict take precedence. 5. Modified building/site Prohibits uses that are not clearly in regulations line with the specific vision of the Boynton Beach Blvd. District. 6. Accessory structures 7. Building design Screening and placements of drive - 8. Parking throughs 9. Signage and Exterior Adapted Fence regulations that Lighting Standards, promote pedestrian activity. 77 Contents 1. Purpose & intent 2. Defined area 3. Conflict 4. Uses 5. Modified building/site regulations 6. Accessory structures 7. Building design 8. Parking 9. Signage and Exterior Lighting Standards. Contents 1. Purpose & intent 2. Defined area 3. Conflict 4. Uses 5. Modified building/site regulations 6. Accessory structures 7. Building design 8. Parking 9. Signage and Exterior Lighting Standards. • The westem area is to act as a welcoming and attractive entry to the City, while the eastern area is to act as the entry to the City's Downtown • Encourage the location of restaurant, retail, office, and entertainment establishments, along with pedestrian -friendly improvements that would complement and support the Downtown • Incentivize land assembly 76 Lot area Lot frontage Pedestrian Zone Build to lines Building frontage Scale / Heights: Max height is a factor of zoning districts. Overlay adds a cap of 45' on Boynton Beach Blvd frontages. Additional height must be stepped back a min of 10'. Setbacks Public space 7e 6/20/2017 1.1 e Contents 1. Purpose & intent 2. Defined area 3. Conf I i ct 4. Uses 5. Modified building/site regulations 6. Accessory structures Building orientation 7. Building design Fenestration requirements 8. Parking Wall articulation 9. Signage and Exterior Lighting Standards. 79 Questions? 561.742.6372 Michael Rumpf, Planning & Zoning Director Amanda Bassiely, Senior Planner- Urban Designer e1 Contents Screen off-street parking areas from abutting rights-of-way and locate 1. Purpose & intent buildings along front and side 2. Defined area corner property lines. 3. Conf I i ct 4. Uses'!'' �..F. 5. Modified building/site regulations° - k 6. Accessory structures 7. Building design Adapted sign regulations that 8. Parking promote the pedestrian scale. 9. Signage and Exterior Adapted sign regulations to limits Lighting Standards. placements and size of monument signs. An 6/20/2017 7 �l zo izol I