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Minutes 05-25-21MINUTES PLANNING AND DEVELOPMENT BOARD 100 E. OCEAN AVENUE, BOYNTON BEACH, FLORIDA TUESDAY, MAY 25, 2021, 6:30 P.M. PRESENT: STAFF: Trevor Rosecrans, Vice Chair Ed Breese, Planning & Zoning Administrator Kevin Fischer Mike Rumpf, Director of Development Tim Litsch Shawn Schwartz, City Attorney Darren Allen Vanessa Mutchnik, Prototype, Inc. Thomas Ramiccio Chris Simon Jay Sobel, Alternate (left meeting at 6:38 p.m.) ABSENT: Butch Buoni Lyman Phillips, Alternate The meeting was called to order at 6:31 p.m. 1. Pledge of Allegiance — Pledge was led by Mr. Allen. 2. Roll Call Roll was called and it was determined a quorum was present. Mr. Sobel stated that he wanted to make one comment and then he would be leaving the meeting. He stated that the City Hall building was not ADA compliant, and he would be bringing this matter up to the City Commission. 3. Agenda Approval Motion made by Mr. Litsch, seconded by Mr. Simon, to approve the agenda. In a voice vote, the agenda was unanimously approved (6-0). 4. Approval of Minutes — February 23, 2021 Motion made by Mr. Litsch, seconded by Mr. Allen, to approve the February 23, 2021 meeting minutes, with discussion. Meeting Minutes Planning and Development Board Page 2 May 25, 2021 Mr. Litsch stated that the minutes are incorrect and need to be revised. He stated that on page 13 of the minutes, the motion was incorrect. It should have read, "to approve 7D, Workforce Housing Program". He stated the motion should have also included a roll call vote, who voted for it and who voted against it. Motion made by Mr. Litsch, seconded by Mr. Simon, to approve the February 23, 2021 minutes, as amended. In a voice vote, the minutes were unanimously approved (6-0). 5. Communications and Announcements: Report from Staff Mr. Breese stated that the City Commission did move forward with the approval of Ocean Palm Plaza for land use and rezoning. The City Commission also approved the land use and rezoning of Lawrence Road 71" Avenue South and the Knuth Road large-scale amendment ordinance was approved on first reading. This should be heard on second reading by the City Commission at the June 15th City Commission meeting. He stated that the workforce housing amendments were tabled. 6. Old Business 6.A - Approve Selection of Board Chair And Vice Chairpersons for City Commission Ratification. Mr. Breese stated that Ms. Oyer has resigned from the Board. The Board should select a new Chair and Vice Chair for the City Commission to ratify. Motion made by Mr. Ramiccio, seconded by Mr. Fischer, to select Mr. Rosecrans as Board Chair and Mr. Buoni as Vice Chairperson, with Mr. Simon selected as alternate Vice Chairperson if Mr. Buoni declines. In a voice vote, motion unanimously approved (6-0). 7. New Business City Attorney Schwartz swore in all consultants and those wishing to speak in this quasi-judicial proceeding. They will be sworn in by trust and, when speaking, are to identify themselves as having taken the oath. Any who have special qualifications to testify should make note when identifying themselves to speak and a reminder was given to attorneys regarding giving evidence. Vice Chair Rosecrans read the following into the record: 7.A. LANDSCAPE DEBRIS STOCKPILING (CDRV 21-002) - Amend the Land Development Regulations, Chapter 3, Article IV, Zoning, Section 3.D. Table 3-28, Footnote #103 regarding Landscape Debris Stockpiling use, to include a tailored revocation review period, and add a minimum distance separation standard, and modify certain existing Meeting Minutes Planning and Development Board Page 3 May 25, 2021 operational requirements and standards to avoid hazards, nuisances, and other impacts on residential land uses. City initiated. Mr. Rumpf summarized the staff report regarding this item. He stated that the City's Zoning Regulations were amended in August of 2015 to incorporate a new use at that time along with corresponding provisions and operational standards. The subject amendment was justified by environmental benefits including the energy -conserving reuse of landscaping debris and reduction in material potentially destined for a landfill. The subject use was approved under an 18 -month pilot program to allow staff to evaluate impacts and land use compatibility. The pilot program was then extended to August 22, 2018, and before the program "sunset", on August 7h 2018, the Zoning Regulations were amended removing the temporary pilot provisions for the use. Mr. Rumpf stated that the use was approved as a conditional use, and the amendment included corresponding requirements and operational standards that related to property size, perimeter access, setbacks, pile height, screening requirements, hours of operation, and dust control and fire prevention. He stated that there have been complaints from adjoining neighbors and repeat violations have warranted City staff to review the original standards and consideration of options to address the issues associated with this type of business. He stated that the complaints and violations have primarily pertained to pile height, access path clearance, odor, and rodents/pests. Mr. Rumpf stated that staff is considered recommending removal of the use from the zoning regulations. However, he added that the City continues to acknowledge the environmental benefits of vegetation recycling and instead recommends amendments to the minimum standards. He stated that the purpose of the amendments is to prevent impacts on residential environment and other abutting properties through a tailored and stringent revocation process, increased minimum debris pile setbacks, and by allowing additional buffer enhancements to be determined at time of conditional use review (proposed amendments are attached to minutes). Vice Chair Rosecrans opened the floor to public comments. Naomi Cobb, 1007 SE 3rd Street, stated that she has come before the Board to speak on Item 7A, regarding the vegetative industrial recycling site. She stated that she bought her home back in 2020 and knew that the industrial site was directly behind her home, but added that she was unaware at the time of all the problems that this site would cause to her homelife. Ms. Cobb stated that during the summer months, the smell is horrible, and her home is inundated with rats. She stated that she has called the City on several occasions due to the smell of smoke and rats. Ms. Cobb thanked the Board for addressing the matter tonight. David Katz, 67 Midwood Lane, stated he was here tonight to speak on behalf of Joseph Mignano, the owner of Mignano Tree Care. He stated the Mr. Mignano owns the industrial site for the vegetative recycling. Mr. Katz showed pictures to the Board of the houses surrounding the industrial site. Meeting Minutes Planning and Development Board Page 4 May 25, 2021 Mr. Katz stated that he believes the rats are coming from the northern property and not this site. He stated that Mr. Mignano has been in business, in Boynton Beach, for 45 years. They have complied with setbacks from the fire department, the City requirements and have conducted regular monthly pest control services to the site. Mr. Katz added that rats have never been found during these regular service checks. City Attorney Schwartz swore in Mr. Joseph Mignano, who wished to speak on the item. Mr. Mignano stated that Storm Pest Control has placed rat traps strategically around his site and no rats have ever been found in these traps. He added that the Department of Environmental Protection and the Health Department have come out and look at the logs and have brought up no concerns regarding rats. Vice Chair Rosecrans closed the public comments. Board Comments: Mr. Simon stated that the Mr. Mignano's site would not have to comply with the amendments as his site is "grandfathered" in. Mr. Rumpf stated that was correct. Mr. Fischer questioned if staff considered adding "commercial use" to the amendments. Mr. Rumpf stated that staff did not but added that "commercial use" could be added to the recommendation of the Board. Vice Chair Rosecrans stated that the issues Ms. Cobb has with the site, would be more for the City's Code Enforcement Department handle. Motion made by Mr. Litsch, seconded by Mr. Fischer, to accept staff recommendations on Item 7A, Landscape Debris Stockpiling (CDRV 21-002), amending the Land Development Regulations, Chapter 3, Article IV, Zoning, Section 3.D. Table 3-28, Footnote 4103 regarding Landscape Debris Stockpiling use, to include a tailored revocation review period, and add a minimum distance separation standard, and modify certain existing operational requirements and standards to avoid hazards, nuisances, and other impacts on residential land uses. Discussion: Mr. Fischer stated that he would recommend adding in "commercial zoning". Amendment to Motion made by Mr. Litsch, seconded by Mr. Fischer, to accept staff recommendations on Item 7A, and add the condition of "commercial zoning". In a roll call vote, the motion passed unanimously (6-0). Meeting Minutes Planning and Development Board Page 5 May 25, 2021 8. Other — Public Comments Vice Chair Rosecrans opened the floor for public comments. Susan Oyer stated that she lived in Seacrest Estates and questioned if there have been any zoning changes to the neighborhood. Mr. Breese stated that there have not been any zoning changes. Ms. Oyer stated that two houses down from her, there is a tow truck that parks at the residential house. She stated that truck now has the residential address on the side of his truck. Ms. Oyer also stated that, at 127 SE 27h Way, there are six to eight cars parked there every night. Ms. Oyer said that she understands that both issues are for Code Enforcement but wanted the Board to be aware them. Mr. Breese stated that he would have staff look into these items. Ms. Oyer stated that the City should look into banning the Norfolk Island Pine as people tend to plant them after Christmas and they grow to 200 feet and are a huge nuisance. She stated that many cities already have a ban on these trees. Ms. Oyer stated that she was concerned with the parking lot area by Quantum Boulevard. It has increased in size and does not have the appropriate number of trees and electric car chargers. She also had a concern with the electric car chargers by City Hall. She stated that she has noticed cars using the car charger spots as parking and this is illegal. 9. Comments by Members Mr. Simon questioned if Board Members could suggest items for staff to place on the agenda. Mr. Breese stated that some items can be placed on the agenda by Board Members. 10. Adjournment Motion made by Mr. Simon, seconded by Mr. Fischer, to adjourn the meeting at 7:26 p.m. In a voice vote, motion unanimously approved (6-0). Vice Chair Rosecrans adjourned the meeting at 7:26 p.m. was duly made and seconded. Attachments: Additional Documentation [Minutes prepared by V. Mutchnik, Prototype, Inc.]