Agenda 08-12-15 ���` ate, CITY OF BOYNTON BEACH
, itc2a. . PLANNING & DEVELOPMENT BOARD
!VAY' SPECIAL MEETING AGENDA
ITo Nw '
DATE: Wednesday, August 12, 2015 TIME: 6:30 P.M.
PLACE: Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Approval of Minutes (None)
5. Communications and Announcements: Report from Staff
6. New Business:
A. Landscape Debris Stockpiling (CDRV 15-004) — Approve amendment to Land
Development_ Regulations (LDR) Chapter 1, Article II (Definitions), and Chapter 3, Article
IV, Section 3.D. (Zoning Matrix and Notes) to establish a new use — Landscape Debris
Stockpiling, including the zoning district where such use is allowed (M-1); and
corresponding approval processes, and site, use and operational restrictions and
standards. Applicant: City-initiated
7. Other
8. Comments by members
9. Adjournment
The Board (Committee) may only conduct public business after a quorum has been established. If no quorum is
established within twenty minutes of the noticed start time of the meeting the City Clerk or her designee will so
note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate
further even when purportedly acting in an informal capacity.
NOTICE
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD
WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE
PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND
SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO
PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE
CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742-6060 AT LEAST TWENTY(24) HOURS PRIOR TO
THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
Document
/ DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
,-,-ill -4‘
'= t Memorandum PZ 15-036
TO: Chair and Members
Planning&Develop nt B and
FROM: Michael Rump •
Planning and Zoning Director
DATE: August 5,2015
RE: Approve amendments to the Land Development Regulations, Chapter
1, Article II (Definitions), and Chapter 3, Article W, Section 3.D.
(Zoning Matrix and Notes) to establish a new use—Landscape Debris
Stockpiling, including the zoning district where such use is allowed(M-
1), corresponding approval processes, and site, use and operational
restrictions and standards. City-initiated.
OVERVIEW
The rewrite of the City's Land Development Regulations(LDR) allows staff to perform a
complete review and analyze each standard,regulation, and process. As part of the post-
adoption process, staff anticipates the periodic need for, and is prepared to expeditiously
process,updates and amendments to the LDR for one or more of the following reasons:
1. Furthering business and economic development initiatives;
2. Advancing sustainability initiatives;
3: Maintaining internal consistency;
4. Achieving regulatory compliance; and
5. Incorporating implementation feedback necessary to meet original or current
objectives and vision.
The proposed amendments would further items#1, and#4.
X00050878.1 306-9001821 J -1 -
BACKGROUND
The City Commission has directed staff to prepare amendments to the Land Development
Regulations intended to establish a new use within the City's Zoning Regulations titled
Landscaping Debris Stockpiling,with corresponding procedures and regulations that
allow for the stockpiling of vegetative matter collected by commercial businesses. The
Land Development Regulations currently do not allow for the stockpiling(e.g.temporary
storage) of such waste and the City Commission has embraced the pre-existing activity of
a local and established landscape business as a sustainable and environmentally-wise
practice. The City has learned that this business has been using its vegetative waste
collected as part of its landscape services to contribute to a cooperative engaged in
processing Biomass and Biochar which is used, in part, as a natural soil enhancer.
Currently the City has no provisions for the storage of any waste matter within the City,
and instead, all waste collected is typically delivered to a transfer station outside the City
and operated by the Palm Beach County Solid Waste Authority. The subject regulations
would allow the temporary storage of vegetative matter as a conditional use within the
City's M-1 Zoning District, conditioned upon meeting specified site and operational
requirements. Sources of the proposed standards include, in part, the County or State
Health Unit, example regulations from another jurisdiction, and the City's Fire Marshall.
PROPOSED DEVELOPMENT STANDARDS
The most significant proposed site and operational standards, and corresponding
documentation are summarized below:
1 -Minimum parcel size for stockpiling—0.5 acre;
[This is not a result of mathematical calculation but just staffs best estimate of the
minimal sized parcel needed for such activity to accommodate the required setback,
buffering and perimeter access]
2 -Minimum setback between pile and abutting residential properties—
30 feet and between all other properties—25';
[This minimum dimension is to account for a 20' perimeter access road and
landscape buffering (see#5 below)]
3 - Maintaining stormwater/debris on site;
[Wording will be included intended to ensures that stormwater does not carry debris
offsite and onto adjacent properties, and measures can include proper grading and silk
fencing for example]
4 -No on-site chipping of materials (storage only);
[Unlike other uses adcressed by the Zoning Regulations,the proposed use occurs outside
a building, and therefore has the potential for impacting adjacent properties with noise,
odor, etc. Therefore, the use is restricted to the most innocuous aspect of this process
which is storage. Further, if the city allowed more intense processes to occur, such as
chipping and mulching, such activities would not likely meet the City's sound ordinance,
particularly given the close proximity to residential land uses]
5 - Minimum perimeter screening, including landscape buffer along residential property
boundaries;
[Additional screening along residential property boundaries is necessary to provide the
visual screening necessary to block views to the debris pile which can extend up to 12
(00050878.1 306-9001821) -2-
feet in height. Staff recommends that planting design comparable to a landscape barrier
be required where such storage use abuts a residential use. This is consistent with the use
of the landscape barrier in the LDR,which is to address potential land use
incompatibilities]
6 -Hours of operation—8:00am—6:00pm weekdays; 8:00am to 10:00am Saturdays;
and
[Similar to the above responses, this requirement is again necessary to regulate a use
which is not within an enclosed building and which may be located in close proximity to
residential uses, and pursuant to Commission directive, staff has reviewed the original
hours of operation and discussed them with the business operator. The proposed hours
have been changed slightly to offer 1 additional hour in both the morning and afternoon
periods on weekdays, and 2 additional hours in the morning period on Saturdays.No
activity would be permitted on Sunday]
7 - Fire and safety-related concerns are addressed with a maximum pile height standard
of 12 feet consistent with the County's Health Unit, a requirement to cover or irrigate the
pile; proper fencing and security to prevent unauthorized access; separation standards
from adjacent buildings; and the requirement to churn the debris pile weekly to control
decomposing,pile temperature and combustibility.
The ordinance contains two additional provisions, one to allow for the continued
operation of pre-existing debris piling activities, and the second to establish these use
regulations as a pilot program to be evaluated in 18 months to check for unintended
consequences and for fulfillment of the intent of the new regulations. The regulations
would not exempt existing business activities from the new requirements,but phase the
requirements so that all standards are met within 18 months. The proposed regulations are
included verbatim within the attached ordinance that was approved by the City
Commission on First Reading at their August 4th meeting.Not indicated on the current
ordinance, but to be suggested by Staff for Final Reading,will be an additional standard
that excludes certain areas from stock piling such as areas intended for open space, and
parking and circulation areas. Any recommendations from the Board will also be
forwarded to the Commission for consideration at time of Second Reading of the
proposed ordinance.
CONCLUSION/RECOMENDATION
Staff is recommending approval of the proposed code amendments to provide the proper
zoning accommodations for the desired use, to maximize compatibility of land uses, and
to ensure safe business operations.
Attachment
{00050878.1 306-9001821} -3 -
1 ORDINANCE 15-
2
3
4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
5 AUTHORIZING LANDSCAPING DEBRIS STOCKPILING IN THE M-1
6 ZONING DISTRICT BY AMENDING THE LAND DEVELOPMENT
7 REGULATIONS, CHAPTER 1, ARTICLE II, TO ESTABLISH A NEW
8 USE AND CORRESPONDING DEFINITION; AMENDING CHAPTER 3,
9 ARTICLE IV, SECTION 3.D, "USE MATRIX" TO DESIGNATE
10 LANDSCAPING DEBRIS STOCKPILING AS A CONDITIONAL USE IN
11 THE M-1 ZONING DISTRICT; AMENDING CHAPTER 3,ARTICLE IV.
12 MATRIX NOTES TO ADOPT A NEW NOTE 103 SETTING FORTH
13 MINIMUM SITE AND OPERATIONAL CONDITIONS OF OPERATION
14 OF A STOCKPILING SITE; PROVIDING FOR CONFLICT,
15 SEVERABILITY,INCLUSION; AND EFFECTIVE DATE.
16
17
18 WHEREAS, the City Commission has determined that the stockpiling of commercial
19 landscape debris is a proper conditional use of property in the M-1 zoning district provided
20 certain conditions necessary for assuring the health safety and welfare of the public as
21 hereafter set forth are met.
22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH,FLORIDA:
24 Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby
25 ratified and confirmed by the City Commission.
26 Section 2. That Part III, "Land Development Regulations", Chapter 1, "General
27 Administration",Article II,"Definitions"is hereby amended as follows:
28 Definitions(LDR,Chapter 1,ArtII)
29 LANDSCAPE DEBRIS STOCKPILING—The temporary storage of vegetative debris such
30 as grass, tree or shrub branches or stumps, or other common landscaping materials generated
31 and/or collected by commercial landscaping maintenance services for use in recycling
32 processes involving energy production, soil enhancements or mulch for example.
33
1
34 Section 3. That Part III, "Land Development Regulations", Chapter 3, "Zoning",
35 Article IV, Section 3.D. Zoning Matrix and Notes is hereby amended to create the new use and
36 establish the corresponding approval, site, operational requirements and sunsetting provisions
37 within the new Note#101,to be codified as follows:
38
39 (See Exhibit"A")
40 103 Landscape Debris Stockpiling
41 a. The commercial stockpiling of landscaping debris is allowed as a conditional use in
42 the M-1 zoning district subject to the following conditions:
43 1) Prior to commencing the operation of a landscaping debris storage site, a
44 property owner must first obtain a Business Tax Receipt and Certificate of
45 Use from the City.
46 2) A site plan notated to show operational components of the storage facility
47 (i.e. access, storage area, setback, etc).
48 3) No stockpiling of landscaping debris shall be permitted on properties of less
49 than 0.5 acres.
50 4) A minimum twenty foot wide stabilized all weather access road around the
51 perimeter of the stockpile.
52 5) All stored landscaping debris shall be setback at least 30 feet from any
53 residential property line and 25 feet from all other property lines.
54 6) All storm water drainage shall be maintained on the site by appropriate
55 infrastructure and improvements as approved by the City Engineer or his/her
56 designees.
57 7) No chipping of stockpiled debris is pennitted on the site.
58 8) The perimeter of a storage site shall be screened with a wall or fence that
59 obstructs the view of the storage area from adjacent properties, except where
60 such use abuts a residential zoning district screening shall also include
61 landscape elements that meet the intent of the Landscape Barrier as defined
62 in Chapter 4,Article II of the Land Development Regulations.
63 9) The hours of operation shall be limited to 8:00 a.m. to 6:00 p.m. Monday
64 through Friday and Saturday from 8:00 a.m. to 2:00 p.m or as established
65 during the conditional use approval process.
66 10) Access to operations shall be only from a public right-of-way. In no case,
67 shall a delivery or removal of the stored landscaping debris utilize a private
68 road or alley serving residential uses for access.
69 11) The delivery,removal and storage shall utilize dust control measures.
2
70 12) Storage areas shall include fire protection monitoring, alert and suppression
71 systems as approved by the City Fire Marshall. The following are minimum
72 requirements which must be demonstrated to obtain Fire Marshall approval:
73
74 a) No pile shall be higher than 12 feet. During any declared drought the height
75 shall be limited to 6 feet.
76 b) All piles shall be covered with a "breathable blanket" or site provided with a
77 sprinkler system approved by the City's Fire Marshall.
78 c) All piles shall be secured behind a fence or other approved barrier that will be
79 locked at all times when not in use.
80 d) Because of the health hazards from the rotting vegetation and the vermin that
81 may live there and the fire hazard these piles shall be a minimum of 25 feet
82 from any commercial building and 40 feet from any residence.
83 e)
84 f) A working garden hose shall be at the ready at all times to put out small spot
85 fires.
86 g) Each pile shall be churned at least once per week and so noted on a roster to be
87 maintained onsite and made available to a fire department representative on
88 request.
89
90 b. Properties that have been used for Commercial Landscape Debris stockpiling for at
91 least 36 months at the time of adoption of this ordinance may continue that use
92 provided the property owner complies, as a condition of continued use, with Sections
93 1, 2,4, 5, 6, 7, 8,9, 10, and 11, a-g of this ordinance. Conditional use approval must be
94 received no later than 12 months of adoption of this ordinance as condition precedent
95 to continued use. No BTR may be annually renewed if the owner of the property is not
96 in compliance conditions of this ordinance.
97
98 c. These provisions shall be in effect for 18 months as a pilot program and shall sunset
99 unless extended or made a permanent part of these regulations by a subsequent
100 ordinance of the City.
101
102 Section 4. All prior ordinances or resolutions or parts thereof in conflict herewith are
103 hereby repealed to the extent of such conflict.
104 Section 5. If any section, sentence, clause, or phrase of this Ordinance is held to be
105 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no
106 way affect the validity of the remaining portions of this Ordinance.
3
107 Section 6. It is the intention of the City Commission of the City of Boynton Beach,
108 Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton
109 Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or re-lettered
110 and the word "ordinance" may be changed to "section," "article," or such other appropriate word or
111 phrase in order to accomplish such intentions.
112 Section 7. This Ordinance shall be effective immediately after adoption by the City
113 Commission.This ordinance and the right to conduct commercial landscaping debris stockpiling
114 in the M-1 zoning district is an 18-month pilot program and will sunset unless extended by a
115 subsequent ordinance of the City. No property owner will have a vested or grandfathered right to
116 continued operation of a commercial landscaping debris stockpiling site after the sunset date of
117 this ordinance.
118
119
120 {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
4
121 FIRST READING this day of ,2015.
122 SECOND AND FINAL READING ADOPTED this day of ,2015.
123 CITY OF BOYNTON BEACH,FLORIDA
124 YES NO
125
126 Mayor—Jerry Taylor
127
128 Vice Mayor—Joe Casello
129
130 Commissioner—David T.Merker
131
132 Commissioner—Mack McCray
133
134 Commissioner—Michael M. Fitzpatrick
135
136
137 VOTE
138
139 ATTEST:
140
141
142
143 Janet M.Prainito,MMC
144 City Clerk
145
146
147
148 (Corporate Seal)
5
Exhibit"A":
Use Matrix—Table 3-28(Excerpt)-IDR,Ch.3,Art.IV,Section 3.D.
Residential Commercial Mixed-Use Industrial Misc
P=Permitted N iy?, f p p E T }y ro g n 9 n 9 9 ro y ? 3 z ro ro
C N w b w n g C C C 6 C
C=Conditional t7 t7 y n
A=Accessory nW
INDUSTRIAL
Storage,Distribution&Wholesale Trade
Landscape
Debris
103
Stockpiling
Packing&
Shipping, P P 29
Trucking,and 13
Moving
Storage,Boats/
Motor/ A A A A P
Recreational 8 8 8 8 13
9 Vehicles 9 9 9 89