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Casa del Mar Yacht Club ZNCV 09-005 Casa del Mar Yacht Club Development paz Building Engineering Oee. Lle.Me DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: . . APPLICANT'S AGENT: Bonnie Miskel- Siegel, Lipman, Dunay, Shepard & Miskel LL APPLICANT'S ADDRESS: The Plaza Suite 801, 5355 Town Center Rd. Boca Raton, FL 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 19, 2010 TYPE OF RELIEF SOUGHT: Relief from City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.L.3., Maximum Height allowed - 45 feet, to allow a height of 67 feet for a proposed boat storage structure, for a variance of 22 feet. LOCATION OF PROPERTY: 2632 N. Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 "C" with notation "Included". 4. The Applic~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: /-at)-IO S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\Casa de Mar Yach Club\ZNCV 09-005\00 Revised for P&O New 11. '9. EXHIBIT "D" Conditions of Approval Project name: Casa del Mar Yacht Club File number: ZNCV 09-005 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Forestry Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Conditions of Approval 2 . DEPARTMENTS INCLUDE REJECT Comments: 1. To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\Casa del Mar Yacht Club\ZNCY 09-005\COA New II-09.doc S:\PJanning\Planning Templates\Condition of Approval 2 page .P&D ORA 2003 form.doc .---~-:\, ' '. \' . \ \ ~ \\ \~,! \\~ ~ \~ it' __-.------.1:--.1-- . 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II ~ I . ~ 1 i1 ~. i \ ! \ \ , ~r;- Q) \ ! ~ ~ ... 9: 0 i ~\~,~ ~.li \ \ \ I londsCO?e for: Casa Del Mar Marina . Boynton Beach. Flolldo 1 'l. OESIGNED B'i: CARtER & ASSOCIAtES \.MlOSCl'E l~C"\'tEC"S "tC. 7< ".E. 511\ ^"E. 0e'IO'f~' f\. 33<183 5bl.27l.~6l\ '..... 531 \ J 1ll ~~ 1 \ i ~ ~ 5, ~ [!J " < e. c i.l I .., I --,J landscape for: Casa Del Mar Marina Boynton Beach, Florida DESIGNED BY: CARTER & ASSOCIATES LANDSCAPE ARCHITECTS INC. 7' N.c. 5th AVE. Deroy lleoCh. Fl 334/l3 56'.272.9621 LA. 831 I .3- ~ ~ - ;i I .~ ~ .. T - ~ EXHIBIT C ~ I~ r W 11 'M,] !~~ If)!" lril. ~ ~ 'Y.W:1: U r:J ~ ~. DEe U 1 2009 PL.P<NN~NG -A,g\.qO ZONsNG DE:PT" Coso Del Mar Yacht Club Variance Application This variance application is submitted on behalf of Lancore Nursery, LLC ("Petitioner") for property generally located on the east side of North Federal Highway, north of Dimick Road ("Property"). The Property has a land use designation of SHDR and a zoning designation of IPUD. The Petitioner has submitted applications for site plan and conditional use approval concurrent with this variance request. The Petitioner wishes to develop a 320 boat slip marina on the Property. In order to develop the proposed marina, the Petitioner requests the approval of variances from the following code sections: Variance from Chapter 2, Section 5.L.3- Maximum structure height - 45 feet to permit a maximum structure height of 67 feet (the "Height Variance"). Variance from Chapter 2, Section 5.L4.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"). As discussed in greater detail below, the above Variance request complies with the City's variance review criteria. In particular, the Petitioner will demonstrate that: (a) special conditions and circumstances exist which are peculiar to the Property; (b) the special conditions and circumstances do not result from the actions of Petitioner; (e) the granting of the Variance will not confer on Petitioner any special privileges; (d) the literal interpretation would deprive Petitioner of rights commonly enjoyed by others in the IPUD zoning district; (e) the Variance is the minimum Variance that would make reasonable use of the land; and (f) the granting of the Variance would be in harmony with the intent of the land development regulations. Variance from Chapter 6, Section 5.L3 - Maximum structure height - 45 feet to permit a maximum structure height of 67 feet (the "Height 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. The proposed marina is being designed to accommodate a state of the art dry dock boat storage system. The facility has been designed to utilize not only new technology but an enhanced design. The dry storage facilities of the past have been boat barns. They are not concrete construction and offer nothing in the way of architectural elements including projecting and varying facades, faux windows, balconies, with the use of different construction materials to make the facility not only more architecturally pleasing, but more compatible with residential. The waterfront is limited to the area along the intra-coastal very much limiting where a marina and dry storage facility can be located. Most of the waterfront is and has been developed to serve a limited residential community. Although there are some that may prefer to locate these types of uses away from the waterfront, water is the essential requirement for the marina. Further, both the County and State have recognized that the waterfront uses such as the marina and dry storage combined with other active waterfront uses are essential to the economic survival of the County and State and must be utilized better. The proposed facility and others like it, demonstrate that the use can be made more compatible. An example of this type of facility is the Marina One facility in north Deerfield Beach across from the upscale community of Royal Palm Yacht and Country Club. Marina One also provides for 4 levels of stacking in a much more upscale building than the old boat barn. Copies of the architecture are incorporated into a power point presentation which will be presented at the hearing. like the subject property, the Marina One is significantly taller than the 45 foot height limitation and yet is compatible with multi-million one story single family homes across the canal (the Marina One height is approximately the same height as the proposed dry storage). As we try to mitigate the use, we are required to increase the cost of construction which combined with the waterfront property and use make for a very expensive property and use. The upscale dry storage facility is much more expensive to construct. The combination of added cost, limited waterfront and limited vacant parcels drives the economic hardship. As this use cannot be moved across town to cheaper industrial zoned land, the land conditions make the development of the marina/dry storage unique with special conditions and circumstances associated to the use itself. The economics of the use require a minimum of 4 levels of stacking necessary. In addition to the architectural benefits of an upscale building, the concrete construction contains the noise far better than the older boat barns. Even the State of Florida and Palm Beach County acknowledge the uniqueness of the waterfront use. In July 2008, the State of Florida and Palm Beach County adopted a Manatee Protection Plan ("MAP") that among other things limited the number of wet and dry slips and the location of such uses in the County, and the State of Florida. The City has only one area within the City where such uses are preferred (See Exhibit "A"). As most of the area in the green zone is improved, the Property is the only parcel large enough to accommodate the dry storage/marina use, special conditions exist. There are no other real land areas that could accommodate this use, the height is needed for this use to be achieved particularly with all the compatibility requirements adopted within the IPUD. B. 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 adoption of the green zone (limiting the areas within which the use may be situated) and the substantial conditions within the IPUD (that must be met) are not the result of the Petitioner, nor is the width of the land between Federal and the water. The size and shape of the Property effect how it is able to be developed. Because of the elongated shape of the Property, developable space is limited while accommodating required parking, drive aisle widths and landscaping. The proposed dry storage building is limited as to how it can be situated on the site. The structure must be taller to accommodate the number of dry boat storage slips and the new technology. The additional height is also needed to accommodate the increasing sizes of boats. New boats which are being fabricated are much taller from the hull to the top of the boat. The size and shape of the Property have necessitated the Petitioner to increase the proposed hefghUo accommodate the innovative automated boat storage system and the needs of the boati ng public. Additionally, the Property's location within the MAP further limiting the development potential of the Property as discussed above. 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 Height Variance will not confer any special privilege on the Petitioner. The use is permitted by conditional use approval. If other applicants can meet the requirements of the code they could make such application. A portion of the height request is to enhance the elevations to mitigate the height of the building. The neighboring property to the north was approved for a height of approximately 50 feet which exceeded the height requirement by approximately five feet. This request is similar. The Petitioner is asking for an additional 22 feet. Without the Height Variance, this building likely could not be built. D. Uteral 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 construct an allowable use within the lPUD zoning district and would work unnecessary and undue hardship on Petitioner. There is no other category in the City that would allow this use at the height required to build it. The facility is located within the green zone area of the MAP. As there are few undeveloped parcels and no other undeveloped parcel is of the size of this one, the use could likely not be constructed in the City. The IPUD revised regulations require substantial construction and landscaping improvements to mitigate proximity to residential. The cost of the improvements precludes a boat barn. The waterfront is built out with significant residential. If this use cannot be constructed on one of the largest undeveloped parcels, it would likely not be constructed anywhere. Therefore, denial of this application will deny the petitioner of the right to develop a use provided for within the IPUD zoning district. E. The variance granted is the minimum variance that will make possible the reasanable use af the land, building ar structure. The proposed Height Variance is the minimum variance that will make the innovative boat storage facility a possibility, thus successfully introducing this newer technology and design to the City of Boynton Beach. This facility represents a more efficient, quiet and attractive use of the Property, while still permitting the Petitioner to meet other City Code requirements. Even the older boat barns are typically able to stack four (4) levels of boats. This unattractive, inexpensive form of construction would likely not need a height variance as the architecture provides no additional architectural elements as have been provided in this application. The traditional boat barn, however, would not be architecturally compatible within the IPUD and would likely not be approved. We are simply requesting the ability to have the same number of levels of storage as the older boat barn facilities. 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 Height Variance will be in harmony with the general intent and purpose of the Code. This Height Variance allows for the development of an attractive marina on Federal Highway. Without the Variance the proposed structure would most likely not be feasible. Design and function should be taken into account when developing along Federal Highway, a major north/south roadway through the City. This proposed dry storage building will not be injurious to those properties adjacent to the Property nor will the granting of the Variance be injurious to the public welfare. The architecture and landscaping have been designed to mitigate the height. This facility achieves that goal while being sensitive to the surrounding community. 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. '0 EXHIBIT "A" - SITE LOCATION MAP CASA DEL MAR ZNCV 09-005 ZNCV 09-006 . , NOT IN CITY CITY LIMITS ..-. .-..-..- ..-..-..-. .-..-..- .._.II_.._..-..~..-..-.._.. .._ >- ~ ~ ....J ~ W Q ~ Z R-~AA I ~ c w ~ <( ..J Z 150 75 0 I - 150 300 450 600 5 I Feet