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Special Meeting of the Planning and Zoning Commission of the Town of Ocean Ridge held on Monday, Dec. 3, 2007 in the Town Hall Meeting Chambers.
The meeting was called to order at 8:00 AM by Chair Bruce Gimmy and roll call was answered by the following:
James Bonfiglio Gerald Goray Ward Northrup Mauro Walker Chairman Bruce Gimmy
III. APPROVAL OF OCTOBER 22, 2007 MINUTES
Mr. Walker moved to adopt the October 22, 2007 minutes, seconded by Mr. Bonfiglio.
Motion carried – yea (5).
IV. An application submitted by V&O Island Properties, LLC, 5582 North Ocean Blvd., Ocean Ridge FL 33435, requesting a modification of the Site Plan for the Ocean Ridge Yacht Club Annex from the provisions of the Land Development Code, Article IV; Site Plan Review Procedures, Section 63-51(a)(4) Site Plan approval of minor or major development application or modification and Section 63-51(b)(2) Major Development review for what is known as the new dock area. The Ocean Ridge Yacht Club Annex consisting of six units were originally approved in 2004 and recently given Certificates of Occupancy. The applicants are requesting a modification to the Site Plan to include a six-slip T-dock and finger piers (2/3’s of the dock is already built). The property is located at 5600 North Ocean Blvd., Units 45A-50A (southwest portion of the Ocean Ridge Yacht Club) or generally described as all of the Ocean Ridge Club Annex, according to the Plat therefore as recorded in Plat Book 105, Pages 53 and 54 of the Public Records of Palm Beach County (exact legal description located at Town Hall).
Town Clerk Hancsak read the application title and advised that all fees had been paid and no additional written correspondence had been received. She also clarified that all the board members reviewed the site only and did not have contact with the applicant.
At this point any individuals intending on providing testimony were sworn in.
Atty Greg Young, representing V&O Island Properties, LLC, introduced Ernie and Marie Varvarikos, developers of the property in question. He summarized the development of the ORYC Annex (ORYC Annex) by stating that a site plan was approved a couple of years ago, after many years of being considered an orphaned property and finally was annexed into the ORYC and subsequently six units were built. He added that docks were always proposed for the units; however, they were advised by various parties that because of the stringent DEP and ACOE requirements it was better to submit the initial site plan without the docks and proceed with them as a modification at a later date because the time frame could delay the entire project. He commented that shortly after the initial site plan approval his client made application to the DEP (approved in its entirety in Aug 2006) and ACOE in July 2006 (finally receiving partial approval in July 2007) for the docks. He stated that the application before the Commission this date was for the site plan modification to include the docks into the overall structure. He added that this application would be straight forward but it needs to go to the Board of Adjustment on Dec. 12, 2007 because it is not the minimal structure meeting the current zoning requirements because of the need to locate the docks beyond the sea grasses. He stated that an innocent mistake occurred because of bad advice from the contractor resulting in the construction commencing in an attempt to catch up the docks with the rest of the project without Town approval or permitting. He added that when a first inspection was called in it was realized that a site plan modification and a permit was needed. He stated that his client believed that amenities such as docks would be part of the entire project. He also commented that the DEP permit includes the entire dock (2 prongs along with the long dock extension) while the ACOE permit is a partial permit including 3 slips with an amendment awaiting approval. He concluded by stating that what the Town Commission approves tonight is also contingent on variance approval by the Board of Adjustment and the ACOE permitting all 6 slips.
Mr. Bonfiglio clarified that the original site plan approval did not include the docks because the developer would have to wait for the dock approval before commencing construction. He stated that while he believed it was an innocent mistake he recollected that Crown Colony had objections to the initial approval and now it appears that the docks were left off so as not to hear their further objections and the work was started so it would be easier to be approved and the appearance was concerning. He also commented that DEP and ACOE approvals are still contingent on Town approval. Atty Young reminded him that in 2004 there was no desire to hold up the project for the units for the docks. Mr. Bonfiglio concluded by stating that he can understand Crown Colony’s concerns of noise and air pollution from the boats. Mr. Varvarikos commented that permitting for the docks was a long difficult process that started in 2006 and they were not sure they would even be approved for any docks. Atty Young advised that typically the developer would apply first to DEP and ACOE to see what could be approved and then proceed to the Town.
Mr. Walker questioned whether the other ORYC docks were over submerged lands to which he was advised they were. He also clarified that the six proposed docks would only be used by the six unit owners.
Chairman Gimmy stated that while walking the linear park yesterday and several times in the past he reviewed the site and at low tide he saw the shallowness of the water and had always assumed that the developer could not put in docks at all and was surprised with the request. He clarified that a sign is still being erected so the residents will be aware the park is public and suggested that another sign be placed at A1A. He also stated he was concerned that while walking the park there were mangrove trees that would need continual maintenance in order for a small boat to be launched. He was advised ORYC had assumed the maintenance for the park and they have a licensed mangrove trimmer to keep it trimmed.
Speaking from the public were several individuals that were opposed to the modification including: Yuri Klement, 5510 N Ocean Blvd.; Steve DiPace, 5510 N Ocean Blvd.; and George Gumas, 5530 N Ocean Blvd. Their concerns included that the proposed dock, slips and pilings extend further than any other docks in the area and also into the linear park canal area thereby creating safety hazards, they were already built without Town or building permit approval, obstructing the view of the ICWW for the Crown Colony Yacht Club, questioning why the ORYC itself was not the applicant instead of V & O Island Properties LLC, why the Board of Adjustment meeting was not held first, the increase in the intensity of use and questioning whether this should be a Special Exception issue by allowing for 6 slips when the ORYC and Crown Colony do not currently have one slip per unit, and prior to any variances being considered the commitments for the linear park should be completed such as the placement of sign, the walkway becoming handicap accessible and made wide enough to carry a kayak or canoe, and the reconfiguration of the ficus trees into hedges.
Mr. Bonfiglio questioned whether the southern most finger dock and pilings could be located to the north thereby blocking the view of its own residents instead of the Crown Colony Yacht Club. Atty Young advised that the setback requirements were met and there was no great desire to move to the north. Mr. Varvarikos commented that he did not believe the structure could be moved further north because they have already reviewed all their options with the DEP and ACOE and developed this schematic.
Matt O’Connor, also a developer in the property, 549 Golfview Drive, Gulfstream, commented that moving the dock to the north would most likely block an existing dock at the ORYC. He reiterated the earlier comments that because of the sea grasses they had to work with the other agencies and he added that he did not feel relocating the dock was doable. Mr. Bonfiglio questioned if it was not doable because they did not want to attempt to alter the permit with the DEP or ACOE.
Atty Spillias reminded the commission that they needed to the review the plan based on zoning requirements not views and that actual sealed drawings are submitted to the building department to determine the zoning and building requirements. He also commented that he could understand somewhat why the applicant did not include the docks on the original site plan because there was a good chance that they would have had to go back before both commissions anyway pending what the DEP and ACOE required. He added that the linear park was originally approved based on the condition that public access is given to the ICWW and the public has the right to that access and there is a concern if it would be blocked. Atty Spillias also mentioned a possible typographical error under Tab 6, 3rd paragraph where it refers to Broward County instead of Palm Beach County.
Atty Young advised he would review the possible typo and suggested that if there was a motion for approval it should be conditional on correcting the error and granting of a variance by the Board of Adjustment. He added that his legal review also determined that the ACOE is the proper agency for consent of the dock location.
Mr. Walker clarified that the recommendation today did not include ruling on the zoning violation. Atty Spillias advised that the commission was being asked to consider (as if the structure was not there) a modification to the site plan to add docks and they should apply the criteria as if it were a new modification and the commission must have valid reasons to deny the request. He explained that the applicant wanted to meet certain time frames thus the reasoning for the P & Z and Town Commission meeting on the same day and the Board of Adjustment will only consider whether the request/s meet a hardship.
Mr. Bonfiglio questioned whether noise pollution, air pollution, access, and lighting can be used as valid reasons. Atty Spillias advised that the commission can only consider zoning or site plan criteria; however, based on wanting good development the commission can recommend conditions to handle the concerns.
Mr. Goray asked Atty Spillias to summarize the factors that can be considered in the site plan amendment such as safety and accessibility. Atty Spillias advised that this would be difficult to do but did comment that accessibility for the kayaks or canoes in the waterway could be considered.
Mr. Walker questioned the Town Manager whether other docks protrude further than these docks. He advised that he was unsure; however, none have been applied for during his tenure. He added that DEP probably took the location into consideration when approving the permit. Atty Spillias commented that the DEP and ACOE most likely reviewed the safety aspect when reviewing the permit.
Mr. Bonfiglio stated that he felt the plan as presented brings health, safety and welfare concerns because the pollution is too close to the neighbors and will affect the neighbor’s use of the land. He recommended permitting the 4 fingers and relocate the most southern finger to the north and placing reflective bands or some sort of lighting on top of the docks and pilings to serve as a warning that the docks project out further than surrounding docks.
Mr. Walker agreed with Mr. Bonfiglio and clarified that there were 25 docks for the 44 units in the original ORYC. He questioned if removing a slip would necessitate a new permit from the DEP and ACOE. Atty Spillias reminded that the commission’s approval would be subject to the various agency approvals.
Mr. Goray suggested the possibility of removing the most southern mooring piles to remove some of the potential impact.
At this point Chairman Gimmy declared the commission in executive session.
Atty Spillias commented that the site plan modification could be approved with conditions such as was suggested by Mr. Goray. Mr. Bonfiglio stated that he would not object to the 6 slips if the southern 2 and pilings were moved to the north. Atty Spillias cautioned offering the applicant options and added that they would then have to come back for another site plan modification.
Mr. Bonfiglio moved to recommend approval of the site plan modification subject to removing the southern L-shaped dock and 2 pilings, permitting the placement of 2 new mooring pilings on the new south side of the dock, placement of reflective bands that support the docks and pilings, and ultimate approval of the variances by the Board of Adjustment. The motion was seconded by Mr. Walker.
Motion carried – Yea (5).
VII. ADJOURNMENT
The meeting was adjourned at approximately 9:40 AM ____________________________ Chairman Gimmy Attest: _____________________________ Town Clerk |
