Regular Commission Meeting

Lake Park Town Commission, Florida Regular Commission Meeting Wednesday, May 17, 2023 at 6:30 PM Commission Chamber, Town Hall, 535 Park Avenue, Lake Park, FL 33403 Roger Michaud — Commissioner Kimberly Glas-Castro — Vice-Mayor John Linden — Commissioner Mary Beth Taylor — Commissioner Judith Thomas — Commissioner John D’Agostino — Town Manager Thomas J. Baird, Esq. — Town Attorney Vivian Mendez, MMC — Town Clerk PLEASE TAKE NOTICE AND BE ADVISED, that if any interested person desires to appeal any decision of the Town Commission, with respect to any matter considered at this meeting, such interested person will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Persons with disabilities requiring accommodations in order to participate in the meeting should contact the Town Clerk’s office by calling 881-3311 at least 48 hours in advance to request accommodations. CALL TO ORDER/ROLL CALL 6:33 P.M. PRESENT Mayor Roger Michaud Vice-Mayor Kimberly Glas-Castro Commissioner John Linden Commissioner Mary-Beth Taylor Commissioner Judith Thomas PLEDGE OF ALLEGIANCE Commissioner Thomas SPECIAL PRESENTATION/REPORT: 1. Proclamation Declaring May 21, 2023 through May 27, 2023 as National Public Works Week Regular Commission Meeting May 17, 2023 Page 1  Mayor Michaud presented the Public Works staff with the proclamation. Public Works Director Roberto Travieso introduced his staff members. He thanked the Commission for the recognition. 2. Proclamation Declaring the First Friday in June as Gun Violence Awareness Day. Mayor Michaud presented Danielle O’Sullivan, Angela Williams and Lisa Romfh with the proclamation. Ms. Williams thanked the Commission for the proclamation. Commission Thomas announced that each first Friday of the month in summer there is a bike club in which they encourage everyone to wear orange in support of Gun Violence Awareness. 3. Presentation from Care Crew President Natalie Marx. Miss Leah Kline, Miss Bella Marx, Mr. Maddox Hoff, Miss Morgan Sofin and Ms. Jennifer Sofin of Care Crew described the different programs they offer at the Lake Park Public Library. Mayor Michaud thanked the group for their contributions to the Library. PUBLIC COMMENT: This time is provided for addressing items that do not appear on the Agenda. Please complete a comment card and provide it to the Town Clerk so speakers may be announced. Please remember comments are limited to a TOTAL of three minutes. None CONSENT AGENDA: All matters listed under this item are considered routine and action will be taken by one motion. There will be no separate discussion of these items unless a Commissioner or person so requests, in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. Any person wishing to speak on an agenda item is asked to complete a public comment card located on either side of the Chambers and given to the Town Clerk. Cards must be submitted before the item is discussed. Commissioner Linden announced that he was in support of Consent Agenda item number 6 - Resolution 38-05-23 Accepting the Finding of Necessity Report and Approving the Recommended CRA Expansion Areas, however he stated that he would like to see the property remain a residential property and not become a retail property. Commissioner Thomas pulled item number 7 - Resolution 39-05-23 Authorize the Mayor to Sign Interlocal Agreement (R2014-1157) Allowing for a Three-Year Qualifying Period with Palm Beach County. The qualifying period is from October 1, 2024 through September 30, 2027. Motion made to approve Consent Agenda Items 4, 5, and 6 on the Consent Agenda by Commissioner Linden, Seconded by Commissioner Thomas. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor 4. April 19, 2023 Regular Commission Meeting Minutes 5. May 3 2023 Regular Commission Meeting Minutes 6. Resolution 38-05-23 Accepting the Finding of Necessity Report and Approving the Recommended CRA Expansion Areas QUASI-JUDICIAL PUBLIC HEARING (RESOLUTION): 8. Resolution 40-05-23 Approving the Special Exception Uses of Motor Vehicle Sales and Storage Warehouse for the Property Located 1220 10th Street. Ex-Parte Communication: Commissioner Linden had no exparte to disclose. Commissioner Thomas had no exparte to disclose. Commissioner Taylor had no exparte to disclose. Vice-Mayor Glas-Castro had no exparte to disclose. Mayor Michaud had no exparte to disclose. Attorney Baird swore in all witnesses. Town Planner Karen Golonka explained the item (see Exhibit "A"). Mr. George Gentile of 2GHO presented to the Commission (see Exhibit "B"). Commissioner Linden asked if any signage was expected to announce the business. Mr. Gentile stated that the only signage would be on the door. Commissioner Thomas asked if this location was smaller than the existing site of the business. Mr. Gentile stated that it was smaller and would be expanded in the future. Motion made to approve Resolution 40-05-23 by Commissioner Linden, Seconded by Commissioner Taylor. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Thomas PUBLIC HEARING(S) - ORDINANCE ON FIRST READING: None PUBLIC HEARING(S) - ORDINANCE ON SECOND READING: None Regular Commission Meeting May 17, 2023 Page 3 CONSENT AGENDA CONTINUED: 7. Resolution 39-05-23 Authorize the Mayor to Sign Interlocal Agreement (R2014-1157) Allowing for a Three-Year Qualifying Period with Palm Beach County. The qualifying period is from October 1, 2024, through September 30, 2027. Commissioner Thomas expressed concern with the fourth Whereas clause which states; “WHEREAS, the County and the Town have determined it to be beneficial for the both entities to award HUD Dollars to Lake Park and for Lake Park to receive said funding to further development of Low and Moderate Income areas in Lake Park” and she explained that she would like to see that funding helps low and moderate income home-owners. She asked that the funds be considered for assistance to the older occupied members of the community. Commissioner Thomas made motion to approve Resolution 39-05-23. Commissioner Linden second. Voting Yea: Vice-Mayor Glas Castro, Commissioner Taylor, Mayor Michaud OLD BUSINESS: 9. Continued Discussion on Food Trucks and Mobile Vendor Regulations. Town Manager D'Agostino explained the item (see Exhibit "C"). Community Development Director Nadia Di’Tommaso asked for staff direction to look at codes and permits pertaining to mobile vendor regulations to allow food trucks on a more permanent basis. Attorney Baird offered additional information stating that the Town can only impose locational standards in regards to food truck vendors. Commissioner Thomas asked why a Business Tax Receipt was not required for food trucks. Attorney Baird explained that it was a legislative decision. Vice-Mayor Glas-Castro explained what the Village of Palm Springs did to comply with the legislature. Commissioner Linden commented in favor of Food Trucks and Mobile Vendors in the Downtown Area provided that the food trucks would park in the rear of the buildings due to generator noise and use of parking spaces. He stated that the hours of operation could be limited to the hours of the business. Discussion ensued. Commissioner Linden suggested eliminating the 2 day limitation to allow for the food trucks to be parked any time the business is open. Commissioner Thomas expressed concern regarding the initial plan that came before the Planning & Zoning Board that did not include a need for a food component and now there has been a transition to a need for food which is being circumvented with the use of a food truck.  She is concerned that there may need to be regulations in place to govern mobile food vendors. She has concerns with the message we would be sending to residents and other brick and mortar establishments. She states that this exception should be a temporary use only based on various factors. Commissioner Linden provided additional suggestions for location, time, days of the week - hours of operations. Vice-Mayor Glas-Castro states that there is no way to monitor how long a food vendor is at a location. Mayor Michaud is in favor of having food trucks in the rear of the location. Commissioner Thomas has concerns with parking regulations not being met due to the food truck taking up those parking spaces. She asks for consistency for every business. Commissioner Linden asked staff to take a look at the issues regarding time and location that benefit the Town as well as distance, rear parking and the days they would be permitted to park and bring it back to the Commission for discussion at a later date. Commissioner Taylor had a question of the Commission to see if they were aware of food trucks parked behind businesses on US 1. She asked about restaurant owners input and the Commission stated that they would be present at the next meeting. NEW BUSINESS: 10. Haitian Flag Day Celebration Requests Town Manager D'Agostino explained the item (see Exhibit "D). Commissioner Linden asked questions regarding the amount of the cost and Town Manager D’Agostino clarified. Organization representative Mr. Charles Leslie explained why they need additional funding for their event. He explained that they funded deposits made for various items. Mr. Leslie estimated they have spent approximately $2500 towards the event. Commissioner Thomas asked what would happen if the Town did not come up with the additional funds requested. Organization representative Mr. Charlemagne Matayer stated that it would be a burden for them to move on with the program. Mr. Matayer explained that the organization had already paid deposits to the artists and the rest would be due the day before the event. Commissioner Taylor asked how they were able to put this event together last year with less money than they received from the Town this year. Mr. Matayer stated that last year they paid $7000 of their own money, but the costs were the same. The Commission discussed to clarify the amount that was being requested. Commissioner Thomas stated she would not vote to approve this item but that she would make a substantial donation to the event. Special Events Director Riunite Franks stated to the Commission that they could vote on the items in this request separately if they chose to do so. Regular Commission Meeting May 17, 2023 Page 5  Motion made by Commissioner Thomas to deny the request for the $2727, second by Commissioner Taylor. Vice-Mayor Glas-Castro requested clarification on what was being waived to include the staff fee, the restroom cleaning fee, the deposit and the park rental fee and if those items are included in the motion to be approved. Special Events Director Riunite Franks provided clarification that the organization is requesting an additional $2727 in funding along with a waiver of the staff fee, restroom cleaning fee, deposit and park rental fee. Town Attorney Baird clarified the motion to state waive all staff and restroom fees and make no monetary contribution. Motion made to waive all staff and restroom fees and make no monetary contribution by Commissioner Thomas Seconded by Commissioner Taylor. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Linden 11. Kelsey/Lake Shore Park Master Plan Projects Prioritization Discussion Community Development Director Nadia DiTommaso explained the item (see Exhibit "E"). Commissioner Linden made comments. Vice-Mayor Glas-Castro suggested a splash pad. Town Manager D'Agostino offered some suggestions for the Commission to keep in mind when considering which area to prioritize. Mayor Michaud agrees that the splash pad should be given priority in quadrants (quadrants illustrated in Exhibit E) and asked staff to consider quadrants when prioritizing. Commissioner Linden spoke about an Eagle Scout project to re-do a memorial that would come to little cost. He discussed proposed locations for this. Town Manager D’Agostino offered a potential location but advised that the area would not be ready for this project for another year or two. Commissioner Linden proposed restricting the area. Public Works Director Travieso stated that we appreciate the scouts desire to be involved. He feels that this memorial will have to be planned and to get input from residents but that it was do-able. 12. Approval of Sunday Work (May 21, 2023) - Nautilus 220 Community Development Director DiTommaso explained the item. Tony Costa from Cast Construction explained the crane jumping process and asked to grant a continuance of jumping process on this coming Sunday if needed. Commissioner Thomas asked for clarification if this process was only for hurricane preparation. Mr. Costa answered that no, not for a specific hurricane, but for hurricane season in general to meet certain regulations.  Motion made to approve this Sunday May 21st to continue with their work by Commissioner Taylor, Seconded by Commissioner Linden. Public Comment: Laurie Olson, 3640 Palm Drive Riviera Beach suggested an alternative for Nautilus start times for the pouring of concrete. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, and Commissioner Thomas PUBLIC COMMENT: This time is provided for addressing items that do not appear on the Agenda. Please complete a comment card and provide it to the Town Clerk so speakers may be announced. Please remember comments are limited to a TOTAL of three minutes. James Sullivan – 348 Flagler Blvd commented on the storm drains, particularly the one on northeast corner of E Ilex & 4th Street that need cleaning. He also mentioned protecting sidewalks during work projects. Iris Sullivan – expressed concern with storm drain maintenance issues. TOWN ATTORNEY, TOWN MANAGER, COMMISSIONER COMMENTS: Town Attorney had no comments. Town Manager D'Agostino provided his comments via Exhibit "F". Commissioner Linden talked about the Library and the health fair at Kelsey Park. He spoke about a member of the historic society who passed. He mentioned Kaiser University’s interest in schools in Lake Park programs. He asked about Memorial Day celebration coming up and wanting to put the Town of Lake Park logo on his golf cart. He asked the Commission for their thoughts. Mayor Michaud recommended placing a sign that would represent all of the Commission Members. REQUEST FOR FUTURE AGENDA ITEMS: Commissioner Linden would like more information on form 6 for the League ADJOURNMENT: Motion to Adjourn made by Commissioner Thomas, Second by Commissioner Linden. Voting Yea: Commissioner Taylor, Mayor Michaud, Vice-Mayor Glas-Castro Meeting adjourned 9:08 P.M. FUTURE MEETING DATE: Next Scheduled Regular Commission Meeting will be held on June 7, 2023 Regular Commission Meeting May 17, 2023 Page 7  EXHIBIT A Town of Lake Park Town Commission Agenda Request Form Meeting Date: May 17, 2023 Agenda Item No. Agenda Title: RESOLUTION NO. A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, APPROVING THE SPECIAL EXCEPTION USES OF MOTOR VEHICLE SALES AND STORAGE WAREHOUSE FOR THE PROPERTY LOCATED AT 1220 10TH STREET; PROVIDING FOR CONDITIONS ASSOCIATED WITH THE APPROVAL OF THE SPECIAL EXCEPTION USES; AND PROVIDING FOR AN EFFECTIVE DATE. [ ] SPECIAL PRESENTATION/REPORTS [ ] CONSENT AGENDA [ ] BOARD APPOINTMENT [ ] OLD BUSINESS [ ] PUBLIC HEARING [ ] NEW BUSINESS [x] OTHER: QUASI-JUDICIAL PUBLIC HEARING RESOLUTION Digitally signed by John D'Agostino Approved by Town Manager John DN: cn=John D'Agostino, o=Town of Lake Park, ou=Town Manager, Date: email=jdagostino@lakeparkflorida.gov D'Agostino , c=US Date: 2023.05.05 11:27:22 -04'00' Nadia Di Tommaso/Community Development Director Name/Title Originating Department: Costs: Legal Notice / Attorney Attachments: Review/ consultant reviews  Staff report Community Funding Source: Applicant’s  Resolution Development  Application and support escrow account for all documents and plans advertising and reviews.  Notice of Hearing Acct. #5673 Digitally signed by Jeffrey P. Duvall  Certified letter DN: cn=Jeffrey P. Duvall, o, ou, Jeffrey P. Duvall email=jduvall@lakeparkflorida.gov, c=US [ ] Finance Date: 2023.05.03 17:39:05 -04'00' X Yes I have notified everyone All parties that have an interest Advertised: in this agenda item must be KJG (certified letter to Date: 4-21-23 notified of meeting date and properties within 300 ft.) Paper: PB Post time. The following box must or Not applicable in this case be filled out to be on agenda. Not applicable in this case KJG Please initial one. Summary Explanation/Background Quasi-judicial Public Hearing to consider a request for special exception under Town code, section 78-188 to permit the two special exception uses of motor vehicle sales and storage warehouse as provided in the C-2 zoning district, section 78-72 (2). The owner proposes 6,564 square foot motor vehicle sales use (office) and a 13,488 square foot storage warehouse use for his business entity Cars From Dreams, LLC. within the existing 20,337 square foot building located 1220 10th Street. Improvements to the building façade are currently in progress under the permitted office use. Please refer to staff report for details and analysis. Planning and Zoning Board Recommendation The Planning and Zoning Board held a Public Hearing on May 1, 2023 to consider the requests for special exception. There were no public comments. The only Board concern related to landscaping, as a landscape plan is not a requirement of a Special Exception. They were assured by the applicant’s agent that landscaping would meet or exceed the code. The Board voted unanimously (4-0) to approve the special exceptions for vehicle sales and storage warehouse with conditions to ensure that the approval could not be  construed as approval for typical vehicle sales and warehousing on this important 10th St. corridor. Therefore the following conditions were recommended and have been included in the adopting resolution, with slight rewording per the Town attorney. 1. The sale of vehicles shall not be open to the general public. 2. The outside display of vehicles for sale is prohibited. 3. The use of the storage warehouse shall be only be the Owner for the storage of his personal car collection and accessories. 4. The Special Exception use approvals are solely to the property owner JS 1220 10th Street, LLC and shall automatically terminate should the use cease or the property be conveyed or leased to another owner or tenant of the property. 5. The Owner shall utilize the Site consistent with the following submitted documents: Special Exception Application signed 11/29/22, Narrative dated April 13, 2023( revision), site plan dated 4/24/23 and survey dated 5/10/22 While not included in the Board motion, in order to address their concern regarding landscaping, staff has added the following condition to the resolution: 6. A landscape permit that includes a landscape plan that meets or exceeds the Town Code shall be submitted prior to the issuance of a certification of completion for the building. RECOMMENDED MOTION: I MOVE TO APPROVE THE RESOLUTION  TOWN OF LAKE PARK TOWN COMMISSION MEETING MEETING DATE: MAY 17, 2023 STAFF REPORT Request for special exception approval for the two special exception uses of motor vehicle sales and storage warehouse for the property located at 1220 10th Street 1 Quasi-judicial Public Hearing to consider a request for special exception under Town code, section 78-188 to permit the two special exception uses of motor vehicle sales and storage warehouse as provided in the C-2 zoning district, section 78-72 (2). (attachment A) Applicant proposes 6,564 square foot motor vehicle sales use (office) and a 13,488 square foot storage warehouse use for his business entity Cars From Dreams, LLC. within the existing 20,337 square foot building located 1220 10th Street. BACKGROUND: Owner & Applicant(s): JS 1220 10th Street LLC Location: 1220 10th Street Net Acreage (total): 2.77 Legal Description: See survey enclosed in packet. Existing Zoning: C-2 Future Land Use: Commercial The location is shown on the aerial, zoning map, and future land use maps that follow. 2 Figure 1: Aerial View of Site Figure 2: Zoning Map Site Adjacent Zoning North: C-2 South: C-2 East: C-1 3 West: C-4  Figure 3: LAKE PARK FUTURE LAND USE MAP Adjacent Existing Land Use North: Commercial South: Commercial East: Commercial West: Commercial Subject Site The building was last occupied by Palm Beach Academy of Health and Beauty. It was purchased in 2022 by the current owner and is undergoing renovation under an office use category. (See Figure 4 and photos in applicant package) Figure 5 shows a rendering of the façade improvements when completed. The applicant intends to make no changes to the site other than to bring the landscaping up to code. Therefore no site plan approval is required at this time. 4 The special exception request is somewhat unique. The property owner is a classic car collector, and the building would be used to house his collection and for his business office. The use will not be open to the public, but for select special events (with a temporary permit) and the site will not operate as a typical dealership. The two special exception uses requested, are explained below. Motor vehicle sales special exception In order for the owner to buy and sell at classic car auctions the Florida DMV requires that he have a dealer’s license and comply with local regulations. Even though he will not be operating like a typical vehicle sales use (i.e. dealership), in order for the Town to sign off on the DMV license and because the property is located in the C-2 zoning district, he must receive special exception approval. There will be no retail motor vehicles sales on site, no outside display of cars and no public customers coming to the site for motor vehicle purchases. No auto repair is proposed. Storage warehouse special exception The owner will be storing and displaying his classic car collection, model train collection and several other items in his collection in the warehouse portion of the building. However, the majority of the space will be devoted to his classic car collection. This is classified as a storage use. The classic car collection will be set up as a display in the warehouse and only invited guests will be permitted on site to view the collection. As he did at his former location in North Palm Beach, the owner anticipates having 3-4 charity events per year The other use of the building will be for a business office (a use permitted by right) for the Owner’s company, as he is moving his staff of 6-10 employees to the Town of Lake Park from his small New York location and his current location in the Village of North Palm Beach, Florida. Please see Figure 6 Floor Plan for location of uses within the building. Please refer to applicant’s submittal for more information. 5 Figure 4: Prior to renovation Figure 4a: Renovation in Process (current) 6 Figure 5: Rendering of new façade – permit 23-000055 (only improvements to the front façade are in progress - the owner may apply for an addition and additional exterior improvements in the future, warranting site plan amendment approval). The front façade was rotted and required repair) 7 Figure 6: New Floor Plan WAREHOUSE OFFICE AND MOTOR VEHICLE SALES Analysis Following review and recommendation from the Planning and Zoning Board the Town Commission may permit special exception uses in the C-2 business district provided the proposal meets the 6 special exception zoning criteria established in Sec. 78-184. Staff’s findings in their review for special exception compliance are detailed below. 1. Consistency with Comp Plan Goals, Objectives, and Policies: Staff has reviewed the applicant’s proposal to determine consistency with the Goals, Objectives, and Policies of the Comprehensive Plan per Sec. 78-184 (b) 1. Staff identified the following relevant policies: 8  3.4 Goal, Objectives and Policies, Town Goal Statement 3.4.1 (3) - The Town shall maintain and seek opportunities to improve its ability to provide… commercial, industrial and mixed-use development opportunities that will further the achievement of economic development goals. 3.4 Goal, Objectives and Policies, 3.4.2. Objectives and Policies, Objective 1, Policy 1.1 j. – encourage redevelopment, renewal or renovation, that maintains or improves existing neighborhoods and commercial areas; 3.4 Goal, Objectives and Policies, 3.4.2. Objectives and Policies, Objective 5 – The Town shall promote redevelopment and infill development in a manner that is consistent to existing neighborhoods and uses, the built and natural environments and adjacent jurisdictions. Because JS 1220 10th Street LLC will adaptively re-use space in the Town’s C-2 business district, improving the site and bringing new employees to the Town, staff finds that criteria #1 has been met. 2. Consistency with land development and zoning regulations: Staff has reviewed this application for consistency with the Town’s land development regulations per Sec. 78-184 (b) (2) and has determined this project complies with all applicable requirements. The project is not proposing any improvements that meet the threshold of ‘redevelopment’ and therefore they are only required to conform to the code to the greatest extent possible. Staff finds that criteria #2 has been met. 3. Compatibility with surrounding uses, hours of operation, traffic generation, building location, massing, height, setbacks, and other relevant factors: Staff has reviewed this project for consistency with Sec. 78-184 (b) (3) regarding compatibility with surrounding uses. Compatibility with Surrounding Uses: To the north and south, identical zoning and future land use designations are in place. In the plaza to the north, neighboring uses include James & Sons Cooling Air Experts, O’Reilly Auto Parts, and AAMCO Transmissions & Total Car Care. To the south is an FPL Service Center. To the west is the C-4 District and the Commercial and Industrial future land use designation; the western user is the CEMEX Concrete Plant. To the east, the designation is C-1 Commercial and the occupants include Appliances 4 Less and Equinox Realty. Given that unique niche of the private car collection and storage use being proposed by this special exception, we do not foresee any conflicts with other users in this area. 9 Hours of Operation: Typical business office hours are anticipated, with the exception of 3-4 evening special events per year. Traffic Generation: The project is not expected to generate discernable traffic impacts. Viewing the cars held in storage will be by appointment only. Massing, Height, Setbacks, etc: The 1220 10th Street building is pre-existing and thus the current conditions depicted on the applicant’s survey are not proposed to significantly change. The structure has recently received a building permits for some exterior and interior improvements, which do not rise to the level of requiring a site plan amendment. These exterior changes include repainting the exterior of the structure as well as recreating the façade with a new entry feature. Based on these reasons, staff finds that criteria #3 has been met. 4. Concentration of similar types of uses: The owner is not proposing a traditional car sales venue. This use will be exclusively for the storage of the owner’s car collection, which may be viewed by appointment. The site will not operate as a traditional auto-dealer and is in fact one-of-a-kind in its operations within the Town. Furthermore, the site will be approved with a condition that auto sales will not be conducted on the site. Staff finds that criteria # 4 has been satisfied. 5. Detrimental Impacts Based on users, nuisances, and traffic flow: Per Sec. 78-184 (5) a-c., a special exception use must not has detrimental impacts on surrounding properties based on the number of anticipated users, the degree or noise, odor, and other nuisance factors, and the effect on the amount and flow of traffic in the vicinity. Applicant has indicated there will be 6-10 office employees. The proposed use is not anticipated to have noise, odors or other types of nuisances, therefore criteria #5 has been met. 6. Impacts on light, air, property values, redevelopment, and public facilities: Finally, per Sec. 78-184 (b) (6) a-e., staff must take into account impacts to light and air flow to adjacent properties, adverse impacts to adjacent property values, potential deterrents to redevelopment of the surrounding area, negative impacts on natural systems and public facilities, and the provision of pedestrian amenities. Staff finds as follows:  Given that no structural alterations (that would significantly impact overall size and height) are proposed to the existing building, there will be no reduction to light and air to adjacent properties. 10   Regarding impacts to neighboring property values, staff does not anticipate this will be an issue given the proposed façade improvements and the benefits of having a tenant over an empty building. The proposed improvements should help increase values rather than lower them.  As it pertains to impacts on improvement, development, or redevelopment potential, staff finds no evidence to suggest this project would have a negative effect. The project itself is an infill project and is in keeping with the land uses predominant in the surrounding area.  As it pertains to impacts on natural systems or public facilities, staff finds no evidence to suggest any impacts.  Finally, as it pertains to provisioning pedestrian amenities the applicant has only provided a bench in the front. However, as the business is not open to the general public this may be considered satisfactory. Staff therefore finds special exception criteria #6 to be satisfied. Conclusion Staff finds that the applicant has met the six criteria for granting a special exception and recommends approval with conditions. As discussed earlier, this is a rather unique request and the proposed uses are not what is typically thought of when the uses “vehicle sales” or “warehouse” are heard. While staff finds this proposal to be a benefit, at the same time it is necessary to clearly limit approval to only the uses as described in the application. Therefore conditions of approval have been added to accomplish this. Legal Notice Notice of the special exception was published in the April 23 Palm Beach Post and letters were sent by certified mail to all property owners within 300 feet, as required by the Town Code. Planning and Zoning Board Meeting Planning and Zoning Board The Planning and Zoning Board held a Public Hearing on May 1, 2023 to consider the request for special exception. There were no public comments. The only Board concern related to landscaping, as a landscape plan is not a requirement of a Special Exception. They were assured by the applicant’s agent that landscaping would meet or exceed the code. 11 The Board voted unanimously (4-0) to approve the special exceptions for vehicle sales and storage warehouse with conditions to ensure that the approval could not be construed as approval for typical vehicle sales and warehousing on this important 10th St. corridor. Therefore the following conditions were recommended and have been included in the adopting resolution (with slight re-wording by the Town attorney: PLANNING AND ZONING BOARD RECOMMENDATION The Board recommended to the Town Commission APPROVAL of the Special Exception Application for motor vehicle sales and storage warehouse at 1220 10th Street with the following conditions of approval, which have been included in Resolution 29004-23 1. The sale of vehicles shall not be open to the general public. 2. The outside display of vehicles for sale is prohibited. 3. The use of the storage warehouse shall be only be the Owner for the storage of his personal car collection and accessories. 4. The Special Exception use approvals are solely to the property owner JS 1220 10th Street, LLC and shall automatically terminate should the use cease or the property be conveyed or leased to another owner or tenant of the property. 5. The Owner shall utilize the Site consistent with the following submitted documents: Special Exception Application signed 11/29/22, Narrative dated April 13, 2023( revision), site plan dated 4/24/23 and survey dated 5/10/22 While not included in the Board motion, in order to address their concern regarding landscaping, staff has added the following condition to the resolution: 6. A landscape permit that includes a landscape plan that meets or exceeds the Town Code shall be submitted prior to the issuance of a certification of completion for the building. RECOMMENDED MOTION FOR TOWN COMMISSION: I MOVE TO APPROVE THE RESOLUTION. 12  Attachment A Sec. 78-72. - C-2 business districts. Within C-2 business districts, the following regulations shall apply: (1)Uses permitted. Within C-2 business districts, no building, structure or land shall be used and no building shall be erected, structurally altered or enlarged, unless otherwise permitted by these regulations, except for the following uses: a. Appliance stores, including radio and television services. b. Bakeries having not more than five employees. c. Bakeries the products of which are sold at retail but not produced on the premises. d. Banks. e. Barbershops, beauty shops, chiropodists and masseurs. f. Grocery stores, specialty, at least 2,000 square feet and not more than 10,000 square feet with at least 50 percent of the sales area, including shelving, containing foods of a specialty or ethnic nature and otherwise subject to the requirements of section 78-70(r). g. Clubs for social, recreational, fraternal or benevolent purposes. h. Fertilizer, stored and sold at retail only. i. Ice delivery stations. j. Laundry pickup stations. k. Offices, business and professional. l. Outdoor miniature golf courses, all objects limited to eight feet in height and the building or premises is located not less than 500 feet from the premises of an existing nursery school, elementary school or high school. m. Restaurants. n. Shops, including shops for making articles without use of machinery, to be sold, at retail on the premises. o. Theatres. p. No residences, dwellings or living quarters shall be permitted in C-2 business districts. q. Transient residential use. 13 (2) Special exception uses permitted. Within the C-2 business district, no building, structure or land shall be used, and no building shall be erected, structurally altered or enlarged for the following uses unless a special exception has been approved by the town commission, pursuant to section 78-184 and the standards set forth herein: a. Boats and marine engines. Sales, service and installation thereof in an enclosed building. b. Building supplies/garden center, retail and wholesale outlets. c. Bus stations. d. Electric substations. e. Garages. f. Gasoline and other motor-fuel stations. g. Hospitals, sanitariums and medical clinics. h. Laundries, dry cleaning and dyeing establishments. i. Mortuaries. j. Motor vehicle sales on property on which a permanent building is erected, shall mean the area where buildings are used in connection with the sale or lease of motor vehicles and the areas where motor vehicles are displayed for lease or sale. k. Printing and publishing plants. l. Planned unit developments. m. Railroad passenger station. n. Storage warehouses. The town commission may permit special exception uses in the C-2 zoning district provided the town commission determines that the proposed use meets the special exception zoning criteria established in this chapter and is consistent with the goals, objectives and policies of the town's comprehensive plan. In order to ensure that the special exception use is consistent with and implements good zoning practices and the goals, objectives and policies of the town's comprehensive plan. The town commission may impose conditions upon the approval of a special exception use, including, but not limited to, conditions which require an applicant to exceed standards which have been adopted pursuant to the town's land development regulations. 14 EXHIBIT B  EXHIBIT C Town of Lake Park Town Commission Agenda Request Form Meeting Date: May 17, 2023 Agenda Item No. Agenda Title: Continued Discussion on Food Trucks and Mobile Vendor Regulations. [ ] SPECIAL PRESENTATION/REPORTS [ ] CONSENT AGENDA [ ] BOARD APPOINTMENT [ X ] OLD BUSINESS [ ] PUBLIC HEARING ORDINANCE ON __ READING [ ] NEW BUSINESS [ ] OTHER: Approved by Town Manager _______________________ Date: ________________ Nadia Di Tommaso / Community Development Director Name/Title Originating Department: Costs: N/A Attachments: Funding Source: Community Development  Existing Mobile Vendor Regulations Acct. # [ ] Finance ________________ All parties that have an interest Yes I have notified everyone__ND_____ Advertised: in this agenda item must be or Date: N/A notified of meeting date and Not applicable in this case ____ Paper: ____________ time. The following box must be filled out to be on agenda. Please initial one. [ ] Not Required April 19 Town Commission Discussion: The Town Commission discussed the existing food truck/trailer related regulations at their April 19 meeting. Staff was directed to work with the Town Attorney to review Florida Statute Chapter 509 related to mobile vendors and to cease enforcement of food trucks/trailers at the two breweries (Coastal Karma and Kelsey City Brewing) for the time being. In follow-up to the April 19 discussion, the Town Attorney reviewed the Statute and determined that it does not impact our Ordinances since the Town does not ban food trucks/trailers, but rather restricts them pursuant to our temporary special event permit and mobile vendor permit/registration guidelines. Consequently, if the Town Commission is interested in loosening the regulations to allow for food trucks/trailers on a more permanent basis and loosen the distance separation requirements to ‘like’ brick and mortar businesses, the Commission will need to discuss this again. Consequently, this item is coming back for discussion. The original information presented is included below. Summary Explanation/Background: Town Staff has recently received two requests, one from Coastal Karma Brewery on 10th Street and another from Kelsey City Brewing on Park Avenue regarding having food trucks/trailers on their property on a long-term, daily basis. Kelsey City Brewing would need to park their food truck in front of their business since the rear is public property. The Kelsey City Brewery food truck would be visible from public view. Coastal Karma Brewery would park their food truck in the back and it would not be visible by the public and only available if patrons in the brewery are interested in ordering food. Currently, food trucks are permitted under two scenarios: (1) As part of a temporary special event, with a valid special event permit, at no more than 12 times per year for the same applicant and for not more than 2 consecutive days per event. OR (2) Pursuant to the mobile vendor regulations (enclosed) that serve to regulate operating hours and locations where food trucks can be parked, and providing for distance separation requirements between like ‘restaurant’ uses. These regulations were developed in the 2010-2013 timeframe and were developed to protect brick-and-mortar businesses located throughout the Town (by providing, in part, time limitations and distance separations from like businesses in the Town). The recent requests described herein by the two breweries are not permissible under current Code given the distance separation requirement of 1,000 feet from ‘like’ (i.e. restaurant) brick and mortar establishments. Enforcement has been put on hold for the time being as per the Commission’s prior direction. If the Commission is interested in Staff exploring options that would loosen the mobile vendor regulations to allow for a more permanent food truck operation under certain circumstances (possibly screened from public view and limited to certain business uses such as breweries, with possibly a prohibition on standalone wall or freestanding signage for the food truck operation and an elimination on the distance separation requirements), this agenda item aims to open this discussion for possible policy direction on how to move forward. Adversely, if the Commission is comfortable with the existing regulations, Staff will advise Kelsey City Brewing and Coastal Karma Brewery accordingly in that they are limited to the two options listed above, if they can meet the guidelines currently prescribed in the Town Code. Recommended Motion: For discussion and possible direction.  Town of Lake Park Town Commission Agenda Request Form EXHIBIT D Meeting Date: May 17, 2023 Originating Department: Special Events Agenda Title: Haitian Flag Day Celebration Requests Digitally signed by John D'Agostino DN: cn=John D'Agostino, o=Town of Lake Approved by Town Manager: John D'Agostino Park, ou=Town Manager, email=jdagostino@lakeparkflorida.gov, c=US Date: Date: 2023.05.11 17:36:39 -04'00' Cost of Item: $5,004.30 Funding Source: Finance Signature: Jeffrey P. Duvall Digitally signed by Jeffrey P. Duvall DN: cn=Jeffrey P. Duvall, o, ou, email=jduvall@lakeparkflorida.gov, c=US Account Number: Date: 2023.05.11 17:17:01 -04'00' Advertised: Date: Newspaper: Attachments: Haitian Flag Day Special Event Permit Application Haitian Flag Day Grant Application Please initial one: X Yes I have notified everyone Not applicable in this case Summary Explanation/Background: On March 28, 2023 the Special Events Department received a Special Event Permit Application from Lesly Berry on behalf of Faith Based Academy of Patriots Returning to Eden (FAPRE) proposing their annual Haitian Flag Day Celebration on Saturday, May 20 from 3:00 pm – 8:30 pm in Bert Bostrom Park. The celebration will include live entertainment by various artists, food vendors, soccer and basketball competitions, bounce houses, races, games and appearances from PBSO Mounted Unit, Motorcycle Unit and SWAT. On Wednesday, May 3 Town staff met with the organizers of the Haitian Flag Day Celebration to discuss the event logistics. During the meeting, the organizers requested that the Town assist them by providing staffing for the event, the Town generator, tents, tables, chairs, bleachers, and coolers. They also made several waiver requests listed below that can only be approved by the Town Commission. During the meeting, the event organizers also wanted to discuss the grant that they were recently awarded from the Town. The total amount received consists of $9,000.00 from the large grant funds and $1,000.00 from the Special Events Department budget. In the original grant application, the organizers provided an event budget of $10,700.00 which included payments for live entertainment, advertising, referee service, plaques, refreshments, stage, chairs, bounce house rental and decorations. If they were not granted the requested amount of $10,000.00 the event organizers would reduce the number of singers, trophies and referees and renegotiate the cost of the sound provider. However, the event organizers have submitted a revised budget totaling $12,727.30 and are now asking the Town to make a monetary donation of $2,727.30 to cover the additional expenses. At this time FAPRE would like the Town to sponsor the event, as well as approve the following special “wavier” requests and other donations which cannot be granted administratively. REQUESTED CATEGORY VALUE TOTAL (monetary or other) Additional Monetary Donation $2,727.30 $2,727.30 The Town is providing the event organizers with a total (Direct Cost) amount of $10,000.00 for the event. The total is a combination of the $9,000.00 from the Town’s grant making process and $1,000.00 from the Special Events Department budget. The event organizers have submitted a budget of $12,727.30 and is asking the Town to make an additional monetary donation of $2,727.30 to cover the additional expenses. Staff Fee Four employees at $1,152.00 Four employees from the Public Works Department will be $32.00 Per Hour (Direct Cost) needed to assist the organizers at the event to help with the for 9 Hours event set up and breakdown, including parking, the Town generator, tents, tables, chairs, coolers, signage and barricades. Restroom Cleaning $125.00 $125.00 Additional restroom cleaning for the restrooms located at Bert (Direct Cost) Bostrom Park. Refundable Security Deposit $1,000.00 $1,000.00 Due to the high volume of large vehicles, trucks and vans, that (Direct Cost) are expected to drive on the field to set up the stage, tents, tables, chairs, etc. staff is expecting to have to repair damage to the sod and sprinklers after the event. The field will have to be ready in time for the Summer Soccer Camp, which will begin on Monday, June 5, 2023. This is an estimated cost that could increase or decrease depending on the damage. Park Rental Fee $500.00 Flat Rate $535.00 Rental Fee to use Bert Bostrom Park Rental Fee (Indirect Cost) $35.00 Tax Marketing Assistance No monetary value No monetary value  The use of the Town of Lake Park logo on all event marketing material.  Event flyer and information posted on the Town of Lake Park website (Special Events Department page and Town calendar).   Event flyer and information posted on all Town of Lake Park social media accounts.  Event flyers posted at all Town of Lake Park special events. Certificate of Insurance Requirement No monetary value No monetary value The organizers would like the Town to waive the requested unless a claim is unless a claim is Certificate of Insurance requirement for special event permits. received received This waiver would require the Town of Lake Park to take on the liability for the event. The liability will include the food vendors as well. Use of CRA and Town Hall Parking Lots The organizers would like the Town to utilize the CRA No monetary value No monetary value Parking Lot and the Town Hall Parking Lot for vendor and event parking. Use of Town Generator The electrical outlets at Bert Bostrom Park are insufficient for No monetary value No monetary value the amount wattage the organizers will need for the live entertainment. The organizers would like to use the Town Generator to assist with their electrical needs. Use of Town Tents, Tables & Chairs The organizer would like to use as many Town-owned tents, No monetary value No monetary value tables and chairs for the event sponsors, vendors and attendees. The organizer is also renting additional tents, tables and chairs from a local vendor. Sanitation Service Delivery of (10) 95 gallon trash bins and (10) 95 gallon No monetary value No monetary value recycling bins (Town staff will deliver the bins on Friday, May 19 and pick them up on Monday, May 22 to avoid additional direct costs). TOTAL DIRECT COST REQUESTED: $5,004.30 Recommended Motion: At the Commission’s discretion based on the information provided.  EXHIBIT E Town of Lake Park Town Commission Agenda Request Form Meeting Date: May 17, 2023 Agenda Item No. Agenda Title: Parks Master Plan Prioritization Discussion. [ ] SPECIAL PRESENTATION/REPORTS [ ] CONSENT AGENDA [ ] BOARD APPOINTMENT [ ] OLD BUSINESS [ ] ORDINANCE ON 1st READING [X] NEW BUSINESS [ ] OTHER: John Digitally signed by John D'Agostino DN: cn=John D'Agostino, o=Town of Lake Park, Approved by Town Manager _______________________ D'Agostino Date: ________________ ou=Town Manager, email=jdagostino@lakeparkflorida.gov, c=US Date: 2023.05.10 17:02:45 -04'00' Nadia Di Tommaso / Community Development Director Name/Title Originating Department: Costs: N/A at this time Attachments: Funding Source:  Approved Parks Community Master Plan Acct. # Development [ ] Finance ________________ All parties that have an interest Yes I have notified Advertised: in this agenda item must be everyone____ND___ Date: _____________ notified of meeting date and or time. The following box must Not applicable in this case Paper: ____________ [X] Not Required be filled out to be on agenda. Please initial one. Summary Explanation/Background: On August 17, 2022 the Town Commission approved a Parks Master Plan for Kelsey and Lake Shore Parks pursuant to Resolution 48-08-22. Staff was asked to wait to bring this prioritization discussion back to the Commission until a couple of meetings after the March 2023 election. In follow-up to the Plan’s original approval, the children’s playground was completed in the park, along with the restriping of some of the courts to accommodate pickle-ball. Given the vast number of projects identified in the Parks Master Plan, it was always intended to bring back a discussion item to the Commission for direction on which projects should be prioritized in the plan. All projects are contingent on available funds, for which none are available in the current fiscal year other than the intended repurposing/restriping of the courts to accommodate pickle-ball on the west side of Lake Shore Drive. Grant funds may be required to implement certain projects and Staff will continue seeking available grants to match other funding sources that may be become available. If the Commission prefers that Staff prioritize the projects that we deem most appropriate both from a funding perspective and from a logistical and operational perspective, we can certainly do so. For example, we have been recently discussing opportunities to increase special events in the parks so as to attract more individuals to the Town. While this would require additional internal resources (staffing, funds, and other), with this idea in mind, it may be important to prioritize the Master Plan’s: improved shrubs, ornamental/canopy trees, palm trees, accent paving improvements, sidewalk improvements and entryway/gateway upgrading, along with possibly some lighting improvements and covered seating area with some shade structures, before other capital improvements are funded and made. These combined improvements would serve as a beautification effort for both special events and for the community as a whole, while also addressing safety through better lighting. These are just some preliminary thoughts. Staff is open to the Commission’s ideas. All prioritization ideas shared at tonight’s meeting will then be further discussed internally as it relates to next fiscal year’s budget, a process that has now commenced. The 5-year capital improvements schedule is also overdue for updating and it can incorporate the projects discussed this evening over the next 5-year horizon (and will be brought forward in the next few months). Please refer to page 25 of the Parks Master Plan for the approved Master Park Plan. Also refer to pages 47 through 50 of the Parks Master Plan for the future opportunities that are also identified, along with the opinions of cost for the various projects (all costs will need to be updated when a project is selected for implementation). Recommended Motion: For discussion and direction on desired projects to pursue in Fiscal Year 24 (and beyond), contingent on available funds. EXHIBIT F