Casa del Mar Yacht Club NWSP
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Casa del Mar Yacht Club
APPLICANT'S AGENT: Bonnie Miskel, Esq., Siegel, Lipman, Dunay, Shepard & Miskel, LLP
APPLICANT'S ADDRESS: 5355 Town Center Road, Suite 801, Boca Raton, FL 33486
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 19, 2010
TYPE OF RELIEF SOUGHT: Request New Site Plan I Conditional Use approval to allow a private
marina and yacht club on a 4.11 acre parcel zoned IPUD.
LOCATION OF PROPERTY: 2632 N. Federal Hwy. Boynton Beach FL
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
V"HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "D" with notation "Included".
4.
The App~t'S application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7.
Other
DATED:
I-~o-/D
S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\Casa del Mar Yacht Club\COUS 09-004\DO.doc
EXHIBIT "D"
Conditions of Approval
Project name: Casa del Mar Yacht Club
File number: NWSP 09-004 / COUS 09-004
Reference: 2nd review plans identified as a New Site Plan / Conditional Use with a November 24, 2009
PI & Z d k'
annmg onmg ate stamp mar mg.
DEPARTMENTS INCLUDE REJECT
ENGINEERING
I. Prior to the issuance of a building permit for the project, a traffic analysis and X
notice of concurrency approval (Traffic Performance Standards Review) from
Palm Beach County Traffic Engineering Division is required.
2. The property owner shall pay a sidewalk fee in the amount of $5,598.00 X
which represents the cost to the city for the construction of the sidewalk
abutting the property on Dimick Road and Lake Drive per LDR, Chapter 22,
Article I, Section 5 C2.
3. Provide documentation that existing 5' drainage easement per ORB 618, Page X
667 does not exist and/or has been vacated.
4. Provide a 12' UE for existing sewer on property between three story building X
and boat storage building.
FIRE
5. At the time of permitting, provide a CAD plan for this entire project. X
6. As noted on the plans, all buildings that require a Fire Sprinkler system are X
shown being fitted for one. This will require a current hydrant flow test that
shall be conducted by our office within six months of submittal of the
Sprinkler plans.
7. The Fire Hose Cabinets will not require fire hose. We will use our own in X
case of a fire, and unless there will be a trained fire reaction force we
discourage civilians from using these hoses to attack a fire. Simple standpipe
connections will suffice in place of the hose cabinets.
8. Prior to permitting, revise plans to provide more information about the Fuel X
Station (how the fuel will be dispensed, who will dispense it, where the
emergency shut downs will be located, what model of tanks will be used,
etc.).
9. There are extensive requirements for docks in the City Codes of Ordinances X
(section 9-29). Please submit your plan for meeting them at time of
permitting.
POLICE
Comments: None (All previous comments have been addressed). X
Conditions of Approval
P 2
age
DEPARTMENTS INCLUDE REJECT
BUILDING DIVISION
Comments: None (All previous comments have been addressed). X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments:
10. The applicant must obtain a permit from the regulatory agencies pertaining to X
the existing Mangrove trees along the Eastern perimeter ofthe property.
11. The applicant should show an elevation cross-section detail of the actual X
heights of the proposed landscape trees and vegetation at the time of planting
to (proper scale) visually buffer the proposed buildings and parking lot from
the Federal Highway, Dimick Road and Lake Drive roads rights-of-ways.
PLANNING AND ZONING
Comments:
12. Revise site plan prior to permitting to note that development will be X
constructed in one (1) phase.
13. Revise site plan prior to permitting to note how designated loading area will X
be accessed by delivery trucks, and note no transient/temporary parking
needed for boat trailers due to no public boat ramp or customary use of boat
trailers on site.
14. Revise site plan prior to permitting to note nature of proposed uses, water X
access to public or just members, hours of operation, number of employees,
fueling and servicing of boats and equipment, all accessory uses proposed,
etc.
15. Some building setbacks do not meet the intent of the IPUD zoning district X
setback requirements in that they are not consistent with the existing setbacks
within the surrounding neighborhoods. The LDR states that perimeter
setbacks in the IPUD zoning district shall mirror setbacks of adjacent zoning
districts, with a minimum setback required for a single-family residence.
Structures on the perimeter of an IPUD project, in addition to the basic
setback requirements, must be set back one (1) additional foot for each one
(1) in height for the perimeter structures that exceed thirty (30) feet. Revise
on site plan the rear (east) setback of boat storage building and side (south)
setback of clubhouse to comply with IPUD requirements or obtain City
Commission relief for these setbacks.
DEPARTMENTS
16. Prior to permitting, revise site plan tabular information to include the
following: total building square footage proposed including a breakdown of
gross floor area of each floorlbuilding; and required (setbacks mirroring
adjacent development) and proposed setbacks.
17. Prior to permitting, revise building elevations of boat storage building as
follows to achieve more compatibility with adjacent residential architecture:
remove label of green screen, typ.; replace louver medallions to match other
medallions used on building; and identify all types of material proposed
(glass, metal, no score lines).
18. Prior to permitting, revise all elevations to note that all Spandrel glass shall be
designed to match the color of the Vision glass on the structures, so it is not
evident that they are false glass openings. Prior to permitting samples of the
proposed spandrel and vision glass shall be submitted to Planning & Zoning.
19. Prior to permitting, revise plans to reduce proposed height of boat storage
building to comply with IPUD zoning district height requirements, or obtain
variance approval.
20. Prior to permitting, revise plans to provide a cross-section of boat storage
building that indicates how high boats will be required to be stacked,
including overall building height and height of each stack.
21. The use of Sabal palms, Geiger trees, and Gumbo Limbo trees in the south
landscape buffer will not achieve the immediate barrier planting needed to
buffer/shield neighboring residential from any adverse effects of the proposed
manna. Barrier type perimeter landscape buffers will require plant material
other than Orange Geiger and Gumbo Limbo trees. Staff suggests replacing
Orange Geiger and Gumbo Limbo trees with alternative plant material in
these locations to provide a dense screen with a tiered effect, especially when
requesting relief from setback requirements for utilization of dense
vegetation. Staff recommends substituting Orange Geiger and Gumbo Limbo
trees with Traveller's Palms, Fish Tail Palms, Areca Palms, or White Bird of
Paradise Palms that fan out and spread. Prior to permitting, revise landscape
plan to provide recommended alternative trees to achieve the barrier-type
maximum screening requirement.
22. Required buffer wall is to match existing buffer wall on north property line.
Prior to permitting, revise plans to label buffer wall detail on sheet A2.2 and
include wall height, materials, color (to match building). Also depict and
label 6 foot buffer wall on landscape plans.
INCLUDE
x
x
x
x
x
x
REJECT
x
Conditions of Approval
P 4
age
DEPARTMENTS INCLUDE REJECT
23. The IPUD zoning district requires the height of the plant material to be in X
relation to the height of the adjacent facade or wall. The height of 50 percent
of the required foundation trees or palms shall be a minimum of two-thirds
(2/3) of the height of the building. One (1) canopy tree or a cluster of three
(3) palm trees is required to be installed within the foundation planting area
every 20 feet on center along each fayade. Canopy and palm trees are to be
distributed along the entire fayade where foundation landscaping areas are
required, with understory plant material arranged in the areas between the low
growing shrubs and tree or palm canopies. Revise landscape plan to comply
with IPUD requirements for foundation plantings or obtain variance approval.
If variance relief is approved by the City Commission, note variance
application number, approval details, and approval date on landscape plan
prior to permitting.
24. Proposed planting within Dimick Road right-of-way will require approval X
from Director of Public Works (see Engineering staff). Submit a copy of
Director approval to plant in right-of-way.
25. The subject site is located along Palm Tran Bus Route 1. Revise site plan to X
indicate a bus stop and upgraded shelter along North Federal Highway in
front of the subject property is proposed as part of the project and in
coordination with Palm Tran.
26. Revise plans to note that overhead utilities will be relocated underground to X
provide better vegetative screening of a barrier-type perimeter buffer along
the north property line.
27. Prior to permitting, revise photometrics plan to reduce height of freestanding X
light poles from 20 feet to 15 feet to increase residential compatibility.
Revise number of light poles needed and site photometrics accordingly.
28. Prior to permitting, revise photometries plan to revise freestanding light pole X
detail to include color and reduced height.
29. Prior to permitting, revise plans to provide a detail of the sign area, including X
the dimensions, exterior finish, font, and letter color(s) (Chapter 4, Section
7.D.).
30. Prior to permitting, revise plans to provide details of signs proposed on the X
building walls.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
31. Modification of COA # 1 0 to read, "The applicant must obtain a permit, if X
required, from the regulatory agencies pertaining to the existing Mangrove
I DEPARTMENTS I INCLUDE I REJECT I
trees along the Eastern perimeter of the property".
32. Modification of COA #21 to read, "The applicant shall work with City staff X
to select salt-tolerant trees designed to provide better screening in the buffer
areas, satisfactory to both parties".
33. Modification of COA #25 to read, "Revise site plan to indicate a bus stop X
and upgraded shelter along North Federal Highway in front of the subject
property, or negotiate with Palm Tran to upgrade bus stop facilities at the
adjacent Palm Tran stop, as deemed acceptable to staff'.
34. Modification of COA #26 to read, "Revise plans to note that overhead X
utilities will be relocated underground to provide better vegetative screening
of a barrier-type perimeter buffer along the north side of Dimick Road".
35. Modification of COA #27 to read, "Freestanding light poles may be installed X
at a maximum of 20 feet in height, provided the site photometrics depict
illumination levels less than or equal to the residential project to the north
and that the fixtures are adequately baffled. Should the illumination level of
the northerly project be higher than those proposed by this project, the levels
submitted with this plan shall be utilized in the design".
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
None ~o ./ X
S:IPlanning\SHARED\WP\PROJECTSICasa del MarlCasa del Mar Yacht ClublCOUS 09-004ICOA.doc
Conditions of Approval
Page 6
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Landscape for:
Casa Del Mar
Marina
Boynton Beach, Florida
DESIGNED BY:
CARTER & ASSOC\ATES
\.ANDSCAPE ARCHITECTS INC.
74 "'.E, 5.h '-'iF.. Delroy BE'Oc\', fI. ~3<l83
561.272.9621 LA. &:II
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Landscape for:
Casa Del Mar
Marina
Boynton Beach. Amido
DESIGNED BY:
CARTER & ASSOCIATES
LANDSCAPE ARCHITECTS INC.
7. N,f, 5IhAVE, Delroy aeocil, Ft 3~83
5<51-272-9621 LA 831
~
EXHIBIT C
Variance from Chapter 6, Section 5.l.4.g.9.(p) that requires the height of 50% of the required
trees or palms be a minimum of 2/3 of the height of the building to permit the height of the
required trees or palms be a minimum height of 1/3 of the height of the building (the
"Landscaping Variance").
A. Special conditions and circumstances exist which are peculiar to the land, structure or
building involved and which are not applicable to other lands, structures or buildings in the
same zoning district.
Special conditions and circumstances exist which are peculiar to the building involved and
are not applicable to other buildings in the same zoning district. As previously mentioned,
the proposed marina is being designed to accommodate a state of the art dry dock boat
storage facility. As such, the proposed height of the building is 66 feet, 1 inch. Thus, the
required height of the trees would be approximately 43 feet. While it is not impossible,
albeit difficult to find 43 foot trees, it is highly impractical to relocate a tree of that size
without the tree dying. Few older trees of that size survive relocation, particularly when
one is relocating trees next to an area with heavy salt content. The applicant has submitted
cross sections showing line of sight perspectives from the adjacent neighbor's property.
Those cross sections demonstrate that the same goal can be accomplished by locating more
trees of a lesser height (between 20 to 30 feet in height) along the perimeter. The,interior
trees are for the most part only seen once one has entered onto the property. Peo'ple that
are coming to the Property have no objection to seeing the building. As such, if the goal is to
break the massing and screen the building from the neighbor's property, a greater number
of smaller trees along the perimeter will serve that goal. Additionally, the only types of
trees that are more readily portable at that height are palm trees which do not provide the
appropriate screening that is intended by the City Code.
8, The special conditions and circumstances do not result for the actions of the applicant.
The special conditions and circumstances are not the result of actions of the Petitioner, The
Code allows for 4S foot dry storage buildings. The tree height requirement was really
designed with the 4S foot height maximum in mind. A twenty to thirty foot tree can be
more readily found in the marketplace and is more likely to survive the relocation than a
larger older tree. Due to the height of the proposed marina, the required tree height would
only accommodate trees that provide little to no screening. Typically, the only trees that
would be able to meet this requirement are palm trees. Petitioner has provided a line of
sight analysis which demonstrates the proposed canopy trees along the perimeter
adequately meet the intent of this provision and provide better screening than the provision
from which relief is sought.
C. Granting the variance requested variance will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands, buildings or structures in the same
zoning district.
Granting of the Landscape Variance will not confer any special privilege on the Petitioner.
Petitioner desires to appropriately screen the marina from the adjacent properties, however
the trees which would meet the height requirement would not provide the screening
necessary to meet the intent of the Code, Petitioner desires to develop an aesthetically
pleasing project which will provide lush landscaping and become an asset to the
surrounding community and City. There are very few locations that would accommodate a
marina and dry storage facility. As a result of the green zone requirement and the State's
limitation on the number of wet and dry slips available, the subject marina may be one of
the only marinas constructed within the City. By approving this request, the City is not
conferring a special privilege, but rather enabling a permitted use to be constructed,
meeting the spirit and the intent of the MAP plan, the IPUD and the City's Comprehensive
plan encouraging a more active use of the waterfront.
D. Literal interpretation of the provisions of this chapter would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of the
Ordinance and would work unnecessary and undue hardship on the applicant.
Literal interpretation of the provisions of this chapter would deprive the Petitioner of the
ability to appropriately screen the proposed marina and would work unnecessary and undue
hardship on Petitioner. As previously mentioned, the only trees that would meet the City's
height requirement are palm trees. These types of trees do not provide appropriate
screening. This provision was not originally in the IPUD zoning section but originated as a
result of the "big box" ordinance. Typical "big box" development is one to two stories tall,
There is no market impediment to finding canopy trees that can meet the 2/3 height
requirement for big boxes which would be a 20 to 25 foot tree. The height of the dry
storage facility is not comparable to the big box making this requirement impossible to
meet, The footprint of the entire marina project is approximately 75,000 square feet which
is substantially less than the big box. To hold the 2 uses to the same standard is not
equitable and does not meet the intent of the City's Comprehensive Plan. If the goal is to
adequately screen the building, the cross sections adequately demonstrate how that can be
accomplished.
E. The variance granted is the minimum variance that will make possible the reasonable use of
the land, building or structure.
The proposed Landscape Variance is the minimum variance necessary. The intent of this
code section is to ensure that large buildings are appropriately screened from surrounding
uses. Petitioner feels that the intent of this section is being met by providing numerous
canopy trees along the property line as well as within the vehicular use area. As
demonstrated by the line of site analysis, the proposed marina will be appropriately
screened from the surrounding properties, The substitution of canopy trees for palm trees
with a greater quantity along the perimeter meets the City's intent.
F. The granting of the variance will be in harmony with the general intent and purpose of this
chapter and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
The granting of the Landscape Variance will be in harmony with the general intent and
purpose of the Code. As previously mentioned, Petitioner feels that the intent of the code is
being met through the substitution of more canopy trees along the perimeter and buffer.
As further demonstrated by the line of sight analysis, the proposed marina will be screened
from the adjacent properties and roadways,
G. Variances to minimum lot area or lot frontage requirements, that property is not available
from adjacent properties in order to meet these requirements, or that the acquisition of such
property would cause the adjacent property of structures to become nonconforming.
Applicant shall provide an affidavit with the application for variance stating that the above
mentioned conditions exist with respect to the acquisition of additional property.
Not Applicable.
EXHIBIT nAn - SITE LOCATION MAP
CASA DEL MAR NWSP 09-004 COUS 09-004
NOT IN CITY
CITY LIMITS
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