Regular Commission Meeting

Lake Park Town Commission, Florida Regular Commission Meeting Commission Chamber, Town Hall, 535 Park Avenue, Lake Park, FL 33403 January 17, 2024 6:30 P.M. Roger Michaud __ Mayor Kimberly Glas Castro __ Vice Mayor Mary Beth Taylor __ Commissioner Judith Thomas __ Commissioner Vacant __ Commissioner John D’Agostino __ Town Manager Brett Lashley __ 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 contract the Town Clerk’s office by calling 881-3311 at least 48 hours in advance to request accommodations. CALL TO ORDER/ROLL CALL PRESENT Mayor Roger Michaud Vice-Mayor Kimberly Glas-Castro Commissioner Mary-Beth Taylor Commissioner Judith Thomas PLEDGE OF ALLEGIANCE Led by Anders Viane SPECIAL PRESENTATION/REPORT: 1. An Update Presentation on Accessory Dwelling Units (ADUs) and a Discussion Next Steps. Town Manager John D’Agostino provided a summary of the item. Town Planner Anders Viane provided a presentation (Exhibit A). Vice-Mayor Glas-Castro expressed concerns about identifying existing ADU's because the Palm Beach County Property Appraiser does not recognize all of the ADU’s in Town. She asked if these would be legitimized thru the Town. She expressed concern with parking. Commissioner Thomas commends Town Planner Anders Viane for his thoroughness. She asked what the percentage of rental to owner in town was. Town Planner Viane did not know the answer. She likes this idea, but asked how would it affect the town’s desire to encurage homeownership. Town Planner Viane stated that they are proposing a structure that would require an owner being on site. Commissioner Thomas also expessed a concern with there not being adequate parking. The Commission discussed their concerns with ADU’s and asked questions of staff and the Town Manager. Town Manager D’Agostino agrees that parking will be an issue that needs to be solved. Commissioner Thomas suggested looking at larger lots for these ADU's. Commissioner Taylor has mixed feelings. She is interested in insurance valuations for these structures. Town Planner Viane stated that he did not research this aspect, but would do so. Commissioner Taylor also has concerns with parking. Mayor Michaud asked about rules or regulations about rental to families members. Town Planner Viane advised that family would be able to occupy the property without having to have a Business Tax Receipt (BTR). Town Manager D’Agostino spoke about what other municipalities do. Mayor Michaud asked additional questions about BTRs and recommends the Town hold a workshop as a next step to gain community engagement. Commissioner Thomas asked about homestead exemption and how that would apply to the ADU. Mayor Michaud advised that only the owner occupied unit would be subject to the exemption. The Town staff will schedule a community workshop. 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. -Brady Drew expressed support for the flexibility, sustainability, and affordability with ADU’s. -Iris Sullivan expressed concern with a Florida Power and Light (FPL) transformer that blew causing sparks of live electricity, which lead her to believe her home would catch fire. She explained that the emergency operators were quick to arrive on the scene and helped them. She asked that FPL be notified of the situation and have them perform maintenance on the equipment. -Doug Eakins expressed concern with people running their businesses out of the storage units, which create parking issues on 15th Street. -James Sullivan spoke about the Fire Department and FPL working hand in hand to assist his family. He also addressed the Commission regarding planting trees near electrical lines, the lack of a sidewalk on Old Dixie Highway, garbage being found on lawns. TOWN ATTORNEY, TOWN MANAGER, COMMISSIONER COMMENTS: Town Attorney Lashley had no comments. Town Manager D'Agostino provided comments via Exhibit B. The Commission were not in favor of joining the litigation against the Form 6 disclosure requirement. The Commission chose Tuesday, February 27, 2024 at 6:30 P.M. to conduct the Special Call Commission Meeting to hear the appeal received for the de-designation of the Historic Preservation Board for the 918 Park Avenue structure. The Historic Preservation Board denied the de-designation several months ago. The Commission requested that the 2024 Women in Construction Week proclamation move forward to a future Commission meeting agenda. He asked the Vice-Mayor what they wanted to do regarding the March Bike Week. Vice-Mayor Glas-Castro was in favor of a bike tour. A route would be finalized in the next few weeks. Commissioner Taylor had no comments. Commissioner Thomas announced the groundbreaking at Roosevelt Full Service Center in West Palm Beach tomorrow at 10:00 a.m., which will be a full service center. There will also be a groundbreaking for Oceana Coffee at 2:00 P.M. on Friday. She suggested, since employees have MLK day off, that it be recognized as a Day of Service and promote volunteerism in our community, since the Town does not have an organized event on that day. Vice-Mayor Glas-Castro reminded everyone of the On Your Mark Performance Center movie night this Friday. Mayor Michaud spoke of the Martin Luther King, Jr. parade in the City of Rivera Beach, which was well attended. He would like to have a collaborated event in the future with the City of Rivera Beach and the Village of North Palm Beach. 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. Motion made to approve the Consent Agenda by Commissioner Thomas, Seconded by Commissioner Taylor. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas. 2. January 3, 2024 Regular Commission Meeting Minutes. 3. Resolution 08-01-24 Revising the Designation of Signatories for Town Bank Accounts. 4. Resolution 07-01-24 Authorizing and Directing the Mayor to Execute an Agreement with D.S. EAKINS Construction Corporation for the Construction Project at Bert Bostrom Park. PUBLIC HEARING(S) - ORDINANCE ON FIRST READING: 5. Ordinance 01-2024 Modifying Chapter 68, Sections 68-2 and 68-3 related to Outdoor Storage. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, AMENDING CHAPTER 68, SECTIONS 68-2 AND 68-3. PERTAINING TO TEMPORARY STORAGE CONTAINERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF ALL LAWS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Town Planner Viane explained the item (see Exhibit C). Vice-Mayor Glas-Castro feels that 90 days is very generous but would be okay with 90-days as long as we didnt give extensions beyond 90-days. The Commission agreed on the change to the Ordinance. Motion made to approve Ordinance 01-2024 on first reading by Commissioner Thomas, Seconded by Commissioner Taylor. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas Town Attorney Lashley and Town Clerk Mendez read the Ordinance by title only. PUBLIC HEARING(S) - ORDINANCE ON SECOND READING: NONE OLD BUSINESS: 6. Amendment to P3 Hotel Component Ground Lease requested by the Commission at its 1/3/2024 meeting to provide for a date when the tenant can start using the property for parking purposes (enter Town Manager language requested on 1/4/2023). Town Manager D’Agostino explained the item and provided the amended language regarding parking (see Exhibit D). Commissioner Thomas asked where boat trailers would be parked. She expressed concern that language was not included that would capture an alternative parking site. Town Manager D’Agostino read the language pertaining to an alternative parking site.  Motion made that the tenant agrees to provide an alternative location to park boat trailers and towing vehicles specifically for Marina users subject to Commission approval before the site can be used by the tenant for construction related vehicle use by Commissioner Thomas, Seconded by Vice-Mayor Glas-Castro. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas. NEW BUSINESS: 7. Legislative Talking Points for Commission Members for the Florida League of Cities Legislative Actions Days from Monday January 29, 2024 through Wednesday January 31, 2024. Town Manager D’Agostino provided bullets points (Exhibit E) to advise the Commission. The Commission will receive a packet with backup information to the talking points. Vice-Mayor Glas-Castro asked about Palm Beach Shores dredging project. Town Manager explained the technic being used for dredging, which would allow the Town to store the dredging material at either Peanut Island or at another location near the Marina. They plan to use some of the dredging to raise the two low points in Town, which are the Marina and Kelsey Park. If the dredging is stored on Peanut Island then an additional transportation cost, which would not be covered under the grant, would need to be absorb by the Town to complete the project. REQUEST FOR FUTURE AGENDA ITEMS: None ADJOURNMENT: 8:44 P.M. Motion made to adjourn by Commissioner Thomas, Seconded by Commissioner Taylor. Voting Yea: Mayor Michaud, Vice-Mayor Glas-Castro, Commissioner Taylor, Commissioner Thomas. Accessory Dwelling Units 2024 Update Exhibit A Anders Viane, Planner – Community Development Department Introduction  This presentation continues the dialogue on the topic of Accessory Dwelling Units begun at prior meetings and workshops held on November 20, 2019, February 19, 2020, December 16, 2020, and March 20, 2021.  Following the last meeting, staff put this process on hold. We utilized this pause to address parking concerns and transient rental concerns related to ADUs and to research best practices nationwide and around the world. Since that time, in reviewing code complaints and observing our existing rental properties and ADUs, staff has not found ADUs to be the cause of disproportionate and excessive code enforcement issues.  From our previous outreach efforts, staff has taken into account a range of opinions from the general public, private stakeholders, and Town Commission on ADU implementation. Recurring points of interest and concern include: transient occupancy, vehicle parking, and aesthetic and use harmony with the surrounding neighborhood. 2 Introduction (Cont.)  Based on what we’ve learned from all stakeholder participants as well as our own research into how ADUs have been implemented elsewhere, staff has put together a set of draft ADU code recommendations we feel will allow for safe, orderly, harmonious, and compatible ADUs in the Town.  These recommendations are intended to be the framework under which an ADU ordinance would be brought forward to the Commission.  Tonight we’d like to provide an overview of our recommendations to receive direction on how to proceed. 3 Agenda  What’s an ADU and what’s not?  Why ADUs?  Affordability  Flexibility  Sustainability  How would ADUs work?  Current zoning rules and staff’s recommended regulations  Q and A 4 What’s an ADU?  Accessory dwelling units (ADUs) are Typical ADU secondary dwellings on single-family characteristics: parcels  Smaller massing than  Florida State Statute defines ADUs as the primary home “a secondary living unit that has a  Backyard location separate kitchen, bathroom, and sleeping area existing either within  Matching aesthetics the same structure, or the same lot, with the primary as the primary dwelling unit.” home  ADUs can be either attached,  Average 1-2 person internal to the primary dwelling or occupancy detached (standalone). 5 Source: City of Boulder, CO – Planning and Development Services (2020)  What’s an ADU? 415 Greenbriar Drive Primary Home: 1925 ADU: 1925 500 Evergreen Drive Source: Town of Lake Park Community Development (2020)  ADUs have historically served as a natural outlet for growth in Lake Park and can ADU: 1930 again! 6 Primary Home: 1925 Inside an ADU KITCHEN BEDROOM BATHROOM CLOSET 7 What’s NOT an ADU? 8 Why ADUs in Lake Park? Affordability – for current owners, new buyers, and renters Flexibility – for multigenerational households, parents and young adults Sustainability – for community health and the environment 9 Affordability – Lake Park Overview (2024) PBC 2010: 1,320,135 2024: 1,492,191 LP 2020: 8,556 2024: 9,047  Demographic change puts pressure on the supply-and- demand relationship of our housing market, impacting renters and owners.  If you spend more than 30% of your income on housing, you are cost burdened.  At the HUD standard, an owner making Lake Park’s median income of $56,775 (H + T Index) could mortgage $255,487 over 15 11 years. Source: Housing and Transportation Index (2024) On Affordability (2024, partial update) Lake Park Single-Family Sales Prices  Housing prices in Lake Park have risen and may rise $700,000.00 further $600,000.00  ADUs can help control rental costs by increasing $500,000.00 supply  Additionally, the rental $400,000.00 income ADUs can generate could help $300,000.00 facilitate purchases. $200,000.00  It is worth noting, however, ADUs may also increase property value beyond $100,000.00 what can be financed even with a rental $0.00 agreement in some cases for new buyers. 12 Source: Palm Beach County Property Appraiser (2020)  On Flexibility (2024) Source: American Community Survey(2022) Palm Beach Lake Park County Household Household Types Types Percentage 2014-2018 Percentage 2018-2022  Lake Park still has more Persons per 2.49 Persons per 2.67 extended families and household household persons per household than the PBC Average. 2018 Pop. 2022 Pop.  ADUs facilitate flexible 85 years 75 to 84 75 to 84 living arrangements for years and over Under 5 years 85 years Under 5 5 to 9 and over years Lake Park’s extended 6% 2% years 9% 5% 3% 7% years 5 to 9 7% and multigenerational 65 to 74 years 65 to 74 years 10 to 14 households. 5% 6% years years 11% 10 to 14 4%  Case studies suggest 60 to 64 years 60 to 64 years ADUs are usually 7% 3% years 15 to 19 rented to close friends 15 to 19 5% years 7% or the family of the years 6% 55 to 59 owner. Rather than 55 to 59 years bringing strangers into years 4% 20 to 24 20 to 24 the community, ADUs 6% years years 4% will most likely bring 7% 45 to 54 35 to 44 25 to 34 families closer 45 to 54 years 35 to 44 years years 13% years 13 25 to 34 years together. 17% years 16% 16% 16% 10% On Sustainability  ADUs promote sustainability by refreshing the housing stock and consolidating new development on existing parcels rather than greenfields.  The average age of a Lake Park house is 64! New ADUs, equipped with new technologies and built to today’s standards reduce energy consumption and may “refresh” older homes, giving them a unique asset to boost resale value.  Additionally, the rental income an ADU may generate could be reinvested into improvements in the main home. In this way, ADUs facilitate healthy community upkeep.  ADUs are consistent with Comprehensive Plan objectives, which are detailed more in the Fact Sheet. 14 How to ADU (Best Practices)  ADU’s exist throughout the US and around the world. They can be tailored to the unique needs of the communities that allow them.  Since ADU’s are widespread, there are a lot of best practices to learn from and staff has researched ADUs in a dozen municipalities from coast to coast and selected those standards we feel would fit best in Lake Park.  Many of our existing rules and regulations will still apply to ADUs. In the following sections, existing rules that apply to ADUs will be orange. New regulations staff is proposing to regulate ADUs will be blue. 15 Districts o The R-1 and R-1A zoning districts already allow for accessory structures.  Add ADUs to our accessory uses in the R1 and R1A. 16  Density  3.4.3 Future Land Use: Single family detached residences, with a maximum density not to exceed six (6) units per gross acre including permitted accessory uses.  Staff recommends amending the comprehensive plan to provide for an additional half-unit density entitlement for ADUs. 17 Minimum Lot Size 75’  In Lake Park, the smallest legally conforming lot is 7,500 SF for an interior parcel and 10,000 SF for a corner lot. 100’  The average lot size is 10,495 SF.  Staff recommends making all parcels eligible for an accessory dwelling structure, provided they meet the maximum building coverage in their district. 18 Building Coverage C  Built coverage deals with “how much” structure you can build on your property. D  Buildable area is 50% in the R-1A and 60% in the R-1 District. B  Minimum 35% pervious area required. A  ADUs would be regulated under this same Y framework but could also be controlled with a maximum area. X  Staff recommends a maximum ADU coverage of 1000 SF. So long as an ADU doesn’t exceed the maximum ADU area and the maximum built If A + B + C + D </= 50% or 60% of X * Y coverage on the lot, it would be permitted. 19 Setbacks  Setbacks promote harmony between structures and properties 7’  In the R-1 and R-1A, setbacks are as follows:  30’ Front in R-1 or 25’ in blocks where established  35’ Front in R-1A or 25’ in blocks where established 10’  15’ Street Side 15’  10’ Side  7’ Rear 30-35’ or 25’  Staff recommends applying the existing setback standards to accessory structures in the R1 and R1A districts. Additionally, staff proposes a new accessory dwelling structure be set back at least 10 feet from the primary structure, per the Florida Building Code. 20 Access  Since ADUs are not currently allowed, there are no access standards for ADUs.  Staff recommends that ADU owners be able to access their unit through the side yard of their property along a sidewalk that connects from the right-of- way to the ADU’s front door, set back from the side property line by at least 4 feet. 21 Parking  The Town Parking code requires at least two 8’ X 20’ spaces per dwelling unit.  Staff believes ADUs will not generate significant additional traffic.  Based on the Institute of Traffic Engineers’ Trip  Staff recommends that every accessory dwelling unit either Generation Manual, it is demonstrate the ability to accommodate parking on site estimated that ADUs would using existing driveway area or provide a new space per 78- generate no more than 10 142-1 (1) and 78-142 (c)(9)c.1. No grass parking and no trips per day per unit. exceptions! 22 Architectural Standards • Lake Park currently requires all accessory structures be “harmonious and compatible” with the primary dwelling in design. • Maximum height would be 2 stories or 35’ • Architectural design standards are a commonsense inclusion for  Staff recommends that accessory dwelling units conform to the any ADU ordinance and preexisting standards for accessory structures generally, which requires they be harmonious and compatible with the primary dwelling in features shouldn’t serve to hinder such as color, height, and materials. ADU development. 23 Landscaping • Lake Park currently requires all residential parcels meet our minimum landscaping requirements. • Additional landscaping restrictions can be put on ADUs to reduce visual Staff recommends that every ADU provide for landscape screening if it impacts from the is visible from the public right of way or if visible from a neighbor’s street. property. 24 Storm Water Retention • Lake Park currently requires all residential parcels meet the minimum 35% pervious Staff recommends that every site approved for an area required. ADU provide 1 of the following: • Rain barrels and Raingardens to collect runoff • ADUs, like any structure, displace runoff, but from the new ADU roof impervious area. this can be mitigated. • Bioswales to trap any runoff before it gets to the road Right-of-Way • A vegetated buffer with water holding capacity for infiltration. • Any combination of the above • Additionally, new ADUs should require plan review approval from Public Works/Stormwater Division 25 Approval Process  New accessory structures like cabanas and garages and home additions are already administrative approval items that must meet many of the standards just overviewed.  Staff recommends ADUs be an administrative approval item. Additionally, staff recommends every ADU, prior to receiving a certificate of occupancy, fill out a sworn affidavit that affirms whether the owner intends to rent. If the owner does intend to rent, they would also be required to fill out a rental business tax receipt application prior to CO. 26 Occupancy Standards • Lake Park currently defines Family as “one person or a group of two or more persons living together and interrelated by bonds of legal adoption, blood, or a licit marriage, or a group of not more than three people who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling.” • As one dwelling unit, ADUs would be limited to 1 family or no more than 3 unrelated people. • Staff recommends allowing an ADU owner or their family to occupy either their main home or the ADU. Additionally, staff recommends allowing for families that meet our definition to occupy an ADU. 27 Rental Standards • Who an ADU is rented to and for how much are at the discretion of the ADU owner, but here are the regulations that Lake Park currently applies to single-family rentals. • Single-family rentals are currently allowed. All single-family rentals currently require a rental business tax receipt and a code enforcement health/safety inspection to operate. • Transient rental, defined as “a dwelling that is operated or used in such a way that it has a turnover in occupancy of more than two times in any one year,” is prohibited in single-family zones. • All ADUs would have to follow our existing rental standards. Additionally, pursuant to prior discussions, staff recommends additional conditions on ADU rentals if the current Commission is in agreement. These are: the owner or agent of the owner must reside on-site. Staff recommends applying these criteria to all rentals in Town going forward. • If any of these conditions are violated, the property would be subject to code enforcement action. 28 Utility Considerations  Applicants will need to provision for additional water and power utility connections to their ADU. These designs will vary on a case-by-case basis depending on the existing infrastructure of the home and will be subject to building permit approval and the standards of Seacoast and FPL, respectively.  Both utility providers were previously contacted for comment on the ADU concept and reported no concerns. 29 Tax and Legal Considerations  Lake Park ADUs provide significant taxable value to the Town. As of 2021, the Palm Beach County property appraiser acknowledges 50 ADUs in Lake Park, which collectively accounted for $2,379,599 in taxable value out of a total of $152,713,615 of taxable value on all single-family residential parcels.  ADUs, or portions of property, that are rented would not be able to be Homesteaded.  Historic properties applying for a new ADU would have to go through the special certificate of appropriateness process to determine compliance with the historic code.  All existing ADUs throughout the Town would be legalized through this ordinance.  Existing legalized ADUs would be subject to our new zoning standards, so legalizing ADUs will allow for nonconforming ADU properties to come into compliance on issues like parking and rental occupancy over time through the building permit and the business tax receipt processes. 30 Next Steps  ADUs have long been discussed and the need for them has only become more pressing given housing cost trends in Florida.  Tonight we’re seeking Commission direction on next steps. Staff can either prepare an additional workshop to solicit further public input or we can begin drafting an ordinance based on the recommendations shown tonight.  Thank you for your time and consideration! 31  253 Evergreen Dr 233 Park Ave Thank you for your time! 754 Date Palm Dr Please contact staff with further questions or comments at 561-881-3320 EXT 320. 32 Exhibit B  Town of Lake Park Town Commission Agenda Request Form Exhibit C Meeting Date: January 17, 2024 Agenda Item No. Agenda Title: Amendment to Town Code Sections 68-2 and 68-3 of Chapter 68 to Provide for Regulations Associated with Temporary Storage Containers. [ ] SPECIAL PRESENTATION/REPORTS [ ] CONSENT AGENDA [ ] BOARD APPOINTMENT [ ] OLD BUSINESS st [ X ] ORDINANCE on 1 Reading [] NEW BUSINESS [ ] OTHER Digitally signed by John John D'Agostino DN: cn=John D'Agostino, o=Town of Lake Park, ou=Town Manager, Approved by Town Manager D'Agostino email=jdagostino@lakeparkflorid _______________________ Date: ________________ a.gov, c=US Date: 2024.01.11 17:50:05 -05'00' Nadia Di Tommaso, Community Development Director_______________________ Name/Title Originating Department: Costs: $ Legal Review Attachments:  Ordinance __-2024 Community Development Funding Source: Legal Acct. 108 [ ] Finance ________________ Advertised: All parties that have an interest in Yes I have notified everyone or Date: N/A this agenda item must be notified Paper: of meeting Not applicable in this case_ND date and time. The [ ] Not Required following box must be filled out Please initial one. to be on agenda. Summary Explanation/Background: This item is fairly simple. Pursuant to certain code enforcement issues experienced recently, Community Development staff and the Town Manager agree that regulations associated with temporary storage containers are needed. Temporary storage containers such as metal containers or PODs are sometimes necessitated by residents to store personal property during temporary work (or moving) that is being performed on their private property. Such work may include tenting for termites, interior bathroom or kitchen renovations, or a more substantial renovation of private property, just to name a few examples. These temporary containers are also often needed when moving in or out of a property. In such circumstances, it is reasonable to assume that up to 90 days may be required to store personal property, or other items. The intent of the temporary storage containers is not to provide permanent storage facilities on private property (as this need can be satisfied through an off-site storage facility), nor is the intent of the temporary container to satisfy ongoing construction material needs (this need is satisfied through an approved roll-off container for the duration of the construction work that is permitted through the Town). Consequently, allowing for temporary containers, but providing for a time limitation and placement provisions, will provide property owners with the flexibility they need, yet preserve the aestethic appearance of the Town’s residential areas by ensuring they are not placed on private property unnecessarily or for a long duration. Recommended Motion: I move to “APPROVE” Ordinance __-2023.  Exhibit D Town of Lake Park Town Commission Agenda Request Form Meeting Date: January 17, 2024 Agenda Item No. Agenda Title: Compensation for Town Manager [ ] SPECIAL /REPORTS [ ] CONSENT AGENDA [ ] BOARD APPOINTMENT [X] OLD BUSINESS [ ] PUBLIC HEARING ORDINANCE ON 1st READING [ ] NEW BUSINESS [ ] OTHER: WORKSHOP John Digitally signed by John D'Agostino DN: cn=John D'Agostino, o=Town of Lake Park, Approved by Town Manager _______________________ Date: ________________ ou=Town Manager, D'Agostino email=jdagostino@lakeparkflorida.gov, c=US Date: 2024.01.05 16:53:33 -05'00' John O. D’Agostino, Town Manager Name/Title Originating Department: Costs:$ 0 Attachments: Funding Source: General Fund • P3 Hotel Component Town Manager Ground Lease Acct. # Amended Language [ ] Finance ________________ Paragraph 5 Use of Premises. All parties with interest in this ___Yes, I Notified everyone Advertised: agenda item are t notified of the or Date: _____________ meeting date and time. ____Not applicable in this case Paper: ____________ Please initial one. [ X ] Not Required JOD Summary Explanation/Background: At the January 3, 2024 Commission meeting, the Commission discussed amending the language to paragraph 5 Use of Premises after the Town Manager commented on inserting language that tied the use of the premise to the tenant finding a suitable location for boat trailer parking close to the marina property. The attached document provides alternative lanague for consideration by the Town Commission. The proposed new language is underlined after the preceeding language has been deleted and initialed by the Mayor and the developer. If the Commission after deliberation is satisfied with the suggested language, a vote of approval is recommended below.  Page 2 . Recommended Motion: Motion to approve the amended language as suggested.  Exhibit E (1) MOBILITY LEGISLATION (ALTERNATE MOBILITY FUNDING SYSTEMS) HB479/SB688  The bills revise and provide additional guidance concerning the use of mobility plans and the collection of mobility fees, including the provision of definitions for the terms “mobility fee” and “mobility plan.  The bills prohibit local governments from charging transportation impacts if they are not the local government that is issuing a building permit  The bills require local governments to collect for extra jurisdictional impacts if they are issuing building permits and prohibit local governments from assessing multiple charges for the same transportation impact  The bills provide that local governments adopting and collecting impact fees by ordinance or resolution must use localized data available within the previous 12 months of adoption for the calculation of such fees  The bills limit manner and timeframe within which local governments can increase impact fees  The bills provide direction to address the provision of “mobility options, such as automobile, bicycle, pedestrian, or mass transit, that minimize environmental impacts, expand transportation options and increase connectivity.”  The bill defines which local government charges development fees and their responsibilities for mitigation and stops local governments from subsidizing sprawl by not strictly requiring additional road capacity  The bills do not require counties or municipalities to spend funds or take action requiring the expenditures of funds; reduce the authority that counties or municipalities have to raise revenues in the aggregate; or reduce the percentage of State tax shared with counties or municipalities  Adoption by local governments is voluntary, but is predicated on the local government establishing a mobility plan and mobility fee  Exhibit E PALM BEACH SHORES/LAKE PARK SINGER ISLAND CHANNEL DREDGING PROJECT The Singer Island Channel is a naturally occurring channel When the Lake Worth Inlet was cut in the early 1900s, the natural Lake Worth currents were disrupted and the Channel began a shoaling process; the shoaling has now increased to the point that it impedes navigation and creates a safety hazard, and causes localized flooding within Palm Beach Shores. On weekends and holidays, boats breach the sandbar, impeding the navigation channel and creating unsafe conditions. The sand is also blocking Palm Beach Shores’ stormwater outfall pipes. This project is designed to provide a mutual benefit for Palm Beach Shores and the Town of Lake Park, as Palm Beach Shores does not have the staff to undertake the scope of this project. Lake Park will provide the project management and oversight, and will benefit from the receipt of the majority of the dredged material. In order to complete this vital project, the Lake Park and Palm Beach Shores will enter into an inter-municipal agreement, the result of which will permit Lake Park to store and use the material for necessary sea level mitigation measures (outlined below). The completion of this project will:  Protect the general public from harm through the resulting decrease in boating accidents  Improve transportation conditions by creating demonstrably safer and more enjoyable boating conditions in the Channel  Reduce the stress and workload on police, security and first responder organizations  Improve economic activity through the direct, positive impact on the business of local marinas  Increase tourism by improving the experience accessing Peanut Island, a tourist destination located immediately adjacent to the Channel and shoal  Create dredging-related job opportunities and will indirectly solidify existing marine industry jobs; additional marine industry jobs may also be created (this project is supported by the marine industry)  Improve wastewater management by reducing the opportunity for passengers of boats beached on the shoal to deposit human excrement in the water  Improve stormwater management for Palm Beach Shores by removing the sand currently impeding the outflow pipe  Enable Lake Park to raise its sea wall, marina and park lands (as indicated in its Vulnerability Assessment), which would otherwise remain a financially unattainable goal